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The Health Protection (Coronavirus, Restrictions) (Directions by Local Authorities) (Scotland) Regulations 2020

Consolidated Text As Enacted Cited authorities 36 Cited in Related
Vincent
JurisdictionScotland
CitationSSI 2020/262
Year2020
(1) These Regulations may be cited as the Health Protection (Coronavirus, Restrictions) (Directions by Local Authorities) (Scotland) Regulations 2020.(2) These Regulations come into force on 28 August 2020.(3) These Regulations apply in Scotland.(4) In these Regulations—
  • “child” means a person under the age of 16,
  • “constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012 ,
  • “designated” means designated by name or description,
  • “parent”, in relation to a child, includes any person who has parental responsibility for, or who has care of, the child,
  • “parental responsibility” is to be construed in accordance with section 1 of the Children (Scotland) Act 1995 ,
  • “person carrying on a business” includes the owner, proprietor and manager of that business,
  • “public outdoor place” means any outdoor place to which the public have access or which the public are permitted to access, whether on payment or otherwise,
  • “specified” means specified in a direction given under these Regulations, unless the context otherwise requires,
  • “vulnerable person” includes—
    • (a) any person aged 70 or older,
    • (b) any person under 70 who has an underlying medical condition, including but not limited to, the conditions listed in the schedule, and
    • (c) any person who is pregnant.
(1) Subject to paragraph (2) , the Scottish Ministers may issue and update guidance to local authorities about the exercise of their functions under these Regulations.(2) Before issuing or updating guidance under paragraph (1) , the Scottish Ministers must consult the Chief Medical Officer of the Scottish Administration or such other person as may be designated for the purposes of this paragraph by the Scottish Ministers.any guidance issued under paragraph (1) , as amended from time to time by the Scottish Ministers, andany guidance issued by the Scottish Ministers under regulation 4A of the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 steps which should be taken and matters which should be taken into account before a direction is issued,the form a direction should take,the process for notifying the Scottish Ministers that a direction has been made.that the direction is necessary for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus in the local authority's area, andthat the prohibitions, requirements or restrictions imposed by the direction are a proportionate means of achieving that purpose.notify the Scottish Ministers as soon as reasonably practicable after the direction is given, andat least once every 7 days review whether the conditions in paragraph (1) continue to be met.revoke the direction without replacement, orrevoke the direction and replace it with a further direction under regulation 5(1) , 6(1) or 7(1) in relation to which the local authority considers that the conditions in paragraph (1) are met.(4) Section 16 of the Interpretation Act 1978 (1) The Scottish Ministers may give a direction to a local authority requiring the authority to give a direction under regulation 5(1) , 6(1) or 7(1) , if the Scottish Ministers consider that the conditions in regulation 3(1) (a) and (b) would be met in relation to the local authority direction.revoke the direction without replacement, orrevoke the direction and replace it with a further direction under regulation 5(1) , 6(1) or 7(1) in relation to which the Scottish Ministers consider that the conditions in regulation 3(1) (a) and (b) would be met.(3) Where the Scottish Ministers give a direction to a local authority under this regulation, regulation 3(1) does not apply in relation to the giving of a direction by the local authority pursuant to the Scottish Ministers' direction.(4) A direction under this regulation may be revoked by the Scottish Ministers.(5) Before giving or revoking a direction under this regulation, the Scottish Ministers must consult the Chief Medical Officer of the Scottish Administration or such other person as may be designated for the purposes of this paragraph by the Scottish Ministers.(1) Subject to regulation 3, a local authority may give a direction imposing prohibitions, requirements or restrictions in relation to the entry into, departure from, or location of persons in, specified premises in the local authority's area.closing the premises,restricting entry to the premises, orsecuring restrictions in relation to the location of persons in the premises.any premises consisting of vehicles, trains, vessels or aircraft used for public transport or the carriage or haulage of goods, ora vessel not falling within paragraph (a) , where the direction would be likely to have the effect of preventing a change-over of crew.the owner or any occupier of premises to which the direction relates,any other person involved in managing entry into, or departure from, such premises or the location of persons in them.the number of persons in the premises,the purpose for which a person is in the premises,the facilities in the premises.state the date and time on which the prohibition, requirement or restriction comes into effect, and the date and time on which it will cease to have effect, andgive details of the right of appeal to a sheriff and the time within which such an appeal may be brought.(7) The date and time mentioned in paragraph (6) (a) when the prohibition, requirement or restriction ceases to have effect must be no later than 21 days after it comes into effect.a person carrying on a business from the premises to which the direction relates, andif different, any person who owns or occupies the premises.

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