The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 14) Regulations 2021

JurisdictionScotland
CitationSSI 2021/35

2021 No. 35

Public Health

The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 14) Regulations 2021

Made 22th January 2021

Laid before the Scottish Parliament 22th January 2021

Coming into force 23th January 2021

The Scottish Ministers make the following Regulations in exercise of the power conferred by paragraph 1(1) of schedule 19 of the Coronavirus Act 20201(“the Act”) and all other powers enabling them to do so.

These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of coronavirus in Scotland.

The Scottish Ministers consider that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.

In accordance with paragraph 6(2) and (3) of schedule 19 of the Act, the Scottish Ministers are of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft having been laid before, and approved by, a resolution of the Scottish Parliament.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 14) Regulations 2021 and come into force on 23 January 2021.

S-2 Amendment of the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020

Amendment of the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020

2. The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 20202are amended in accordance with regulations 3 and 4.

S-3 Amendment to schedule 4: residential properties (eviction)

Amendment to schedule 4: residential properties (eviction)

3. In schedule 4 (level 3 restrictions), in paragraph 9A3

(a) the cross-heading of paragraph 9A becomes “Residential properties (eviction)”, and

(b) in sub-paragraph (4)—

(i) for the definition of “a charge for removing”, substitute—

““a charge for removing” means a charge to remove from subjects or premises, as required by section 216(1) (service of charge before removing) of the 2007 Act4in the case of a decree for removing from heritable property,”, and

(ii) for the definition of “a decree for removing from heritable property”, substitute—

““a decree for removing from heritable property” means a decree, order or warrant of a type mentioned in any of the following paragraphs of section 214(2) of the 2007 Act5

(a) paragraph (a) or (b), where the decree or warrant is obtained by a creditor in a security over land used to any extent for residential purposes following an application under either or both—

(i) section 5(1) (power to eject proprietor in personal occupation) of the Heritable Securities (Scotland) Act 18946, or

(ii) section 24(1B) (application by creditor to court for remedies on default) of the Conveyancing and Feudal...

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