Coronavirus (Recovery and Reform) (Scotland) Act 2022
| Jurisdiction | Scotland |
| Citation | 2022 asp 8 |
| Year | 2022 |
Coronavirus (Recovery and Reform) (Scotland) Act 2022
2022 asp 8
An Act of the Scottish Parliament to make provision about public health protection powers; to make provision about educational establishments and school consultations; to make miscellaneous public service reforms; to modify the law on tenancies; to make temporary modifications to the law in relation to the justice system; and for connected purposes.
[10 August 2022]
Part 1
Public health protection
Chapter 1
Modifications of the Public Health etc. (Scotland) Act 2008
1 Public health protection measures
(1) The Public Health etc. (Scotland) Act 2008 is modified as follows.
(2) After section 86 insert—
“Part 5A
Public health protection measures
Public health protection regulations
86A
(1) The Scottish Ministers may by regulations make provision for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination in Scotland (whether from risks originating there or elsewhere).
(2) In subsection (1)—
(a)
(a) reference to infection or contamination is a reference to infection or contamination which presents or could present significant harm to human health,
(b)
(b) reference to the spread of contamination includes a reference to the spread of any source of contamination.
(3) The power in subsection (1) may be exercised—
(a)
(a) in relation to infection or contamination generally or in relation to particular forms of infection or contamination, and
(b)
(b) so as to make provision of a general nature, to make contingent provision or to make specific provision in response to particular circumstances.
(4) Regulations under subsection (1) may in particular include provision directly or indirectly imposing restrictions or requirements on or in relation to persons, things or premises in the event of, or in response to, a threat to public health (but see sections 86D and 86E).
(5) The restrictions or requirements mentioned in subsection (4) include, for example—
(a)
(a) a requirement that a pupil (within the meaning given by section 135(1) of the Education (Scotland) Act 1980) is to be kept away from school,
(b)
(b) a prohibition or restriction relating to the holding of an event or gathering,
(c)
(c) a restriction or requirement relating to the handling, transport, burial or cremation of dead bodies or the handling, transport or disposal of human remains, and
(d)
(d) a special restriction or requirement (see section 86G).
86B
(1) Regulations under section 86A(1) which are responding to a particular infection or contamination may be made only when a public health declaration under this section has effect.
(2) A public health declaration means a declaration by the Scottish Ministers that they consider that—
(a)
(a) an infectious disease or contaminant constitutes or may constitute a danger to human health, and
(b)
(b) the making of regulations under section 86A(1) may be a way of protecting against that danger.
(3) Before making a public health declaration, the Scottish Ministers must consult the Chief Medical Officer of the Scottish Administration or another person designated for the purposes of this section by the Scottish Ministers.
(4) A public health declaration has effect if—
(a)
(a) it is made by the Scottish Ministers,
(b)
(b) either—
(i) it is approved in accordance with subsection (6), or
(ii) a statement under section 86C(1) is made, and
(c)
(c) it has not ceased to have effect in accordance with subsection (10).
(5) The Scottish Ministers must publish a public health declaration in such manner as they consider appropriate.
(6) A public health declaration is approved if—
(a)
(a) the Scottish Ministers lay a copy of the declaration before the Scottish Parliament,
(b)
(b) a member of the Scottish Government lodges a motion that the declaration be approved, and
(c)
(c) the Parliament agrees to the motion.
(7) A motion under subsection (6)(b) may not be amended.
(8) The Scottish Ministers must publish notice of the approval of a public health declaration and the time at which the declaration has effect, in such manner as they consider appropriate.
(9) If, during the period that a public health declaration has effect, the Scottish Ministers consider that paragraphs (a) and (b) of subsection (2) no longer apply, they must—
(a)
(a) revoke the declaration,
(b)
(b) lay notice of revocation before the Scottish Parliament, and
(c)
(c) publish notice of revocation in such manner as the Scottish Ministers consider appropriate.
(10) A public health declaration ceases to have effect immediately after it is revoked.
(11) A public health declaration’s ceasing to have effect neither—
(a)
(a) affects anything done before the declaration ceased to have effect, nor
(b)
(b) prevents the making of regulations revoking regulations made during the period that the declaration had effect.
86C
(1) If the Scottish Ministers consider that it is not practicable for a public health declaration to be approved in accordance with section 86B(6), they may make a statement explaining why.
(2) An example of when it may not be practicable for a public health declaration to be approved in accordance with section 86B(6) is if the Scottish Parliament is dissolved.
(3) When a statement under subsection (1) is made, the Scottish Ministers must—
(a)
(a) lay a copy of the public health declaration and the statement before the Scottish Parliament, and
(b)
(b) publish the statement in such manner as they consider appropriate.
(4) If a statement under subsection (1) is made—
(a)
(a) the public health declaration has effect immediately after the declaration is made, and
(b)
(b) the declaration ceases to have effect at the end of the period of 28 days beginning with the day on which it is made unless before the end of that period it is approved by the Scottish Parliament on a motion by a member of the Scottish Government (if it has not already ceased to have effect under subsection (5)).
(5) If, on any day during that period of 28 days, the Parliament comes to a decision not to approve the public health declaration, the declaration ceases to have effect immediately after the decision is made.
(6) In calculating the period of 28 days mentioned in subsections (4) and (5), no account is to be taken of any time during which the Scottish Parliament is—
(a)
(a) in recess for more than 4 days, or
(b)
(b) dissolved.
(7) A motion under subsection (4)(b) may not be amended.
86D
(1) Regulations under section 86A(1) may not impose a restriction or requirement by virtue of section 86A(4) unless the Scottish Ministers consider, when making the regulations, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it.
(2) Regulations under section 86A(1) may not impose a restriction or requirement mentioned in section 86G(2)(a), (b), (c) or (d).
(3) For the purpose of this section, the regulations “impose” a restriction or requirement if the restriction or requirement is imposed directly by the regulations.
86E
(1) Regulations under section 86A(1) may not enable the imposition of a restriction or requirement by virtue of section 86A(4) unless the regulations provide that a decision to impose such a restriction or requirement may only be taken if the person taking it considers, when taking the decision, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it.
(2) Regulations under section 86A(1) may not enable the imposition of a special restriction or requirement unless—
(a)
(a) the regulations are made in response to a serious and imminent threat to public health, or
(b)
(b) the imposition of the special restriction or requirement is expressed to be contingent on there being such a threat at the time when it is imposed.
(3) For the purpose of this section, the regulations “enable the imposition of” a restriction or requirement if the restriction or requirement is imposed by virtue of a decision taken under the regulations by the Scottish Ministers, a local authority, a health board or other person.
86F
(1) Regulations under section 86A(1) may not include provision requiring a person to undergo medical treatment.
(2) “” includes vaccination and other prophylactic treatment.
86G
(1) In this Part, a “” means a restriction or requirement mentioned in subsections (2) to (5).
(2) In relation to a person, the restriction or requirement referred to in subsection (1) is that the person—
(a)
(a) submit to medical examination,
(b)
(b) be removed to a hospital or other suitable establishment,
(c)
(c) be detained in a hospital or other suitable establishment,
(d)
(d) be kept in quarantine (within the meaning of section 51(4)),
(e)
(e) be disinfected or decontaminated,
(f)
(f) wear protective clothing,
(g)
(g) provide information or answer questions about the person’s health or other circumstances,
(h)
(h) has the person’s health monitored and the results reported,
(i)
(i) attend training or advice sessions on how to reduce the risk of infecting or contaminating others,
(j)
(j) be subject to restrictions as to where the person may go or with whom the person has contact,
(k)
(k) abstain from working or trading.
(3) Where regulations enable the imposition of a requirement to submit to medical examination, section 45 applies to that examination in the same way as it applies to an examination authorised by virtue of an order under section 44(1).
(4) In relation to a thing, the restriction or requirement referred to in subsection (1) is—
(a)
(a) that the thing be seized or detained,
(b)
(b) that the thing be kept in quarantine,
(c)
(c) that the thing be disinfected or decontaminated,
(d)
(d) that the vector, agent or source of any infection or contamination be removed,
(e)
(e) in the case of a dead body, that the body be buried or cremated,
(f)...
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