Delegated Powers and Law Reform Committee

Meeting date: Tuesday, January 12, 2021

Official Report 491KB pdf

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Instruments subject to Made Affirmative Procedure

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Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 10) Regulations 2021 (SSI 2021/1)

The first instrument for consideration under agenda item 4 is SSI 2021/1, which introduced the new requirement to stay at home during the pandemic. A number of issues have been raised on the instrument, the first of which is that new regulation 4(7A), which it inserts into the main coronavirus regulations—the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020—provides that where a relevant person, who is defined in the legislation as a constable or a person designated by a local authority, considers that a person is outside the place where that person is living, they can either direct them to return to where they live or remove them to there.

Some enforcement provisions in the main regulations are also subject to the requirement in regulation 4(8) that the relevant person may exercise the power only if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the requirements of the regulations. New regulation 4(7A) has not been made subject to regulation 4(8). The Scottish Government accepts that the new enforcement provision should be subject to regulation 4(8).

The second issue relates to new paragraph 18 of schedule 5 to the main regulations, which provides examples of reasonable excuses in relation to leaving home in level 4 areas. Paragraph 18(2) refers in subparagraph (t)(iii)(cc) to

“paragraph 12(1)(a), (b) or (c)”.

As paragraph 12(1)(b) has been omitted by regulation 4(b)(ii) of the instrument, it should have been omitted from subparagraph (t)(iii)(cc) of paragraph 18(2) of schedule 5.

The third issue is similar in that subparagraph (t)(iii)(ff) of paragraph 18(2) of schedule 5 to the main regulations provides that it is a reasonable excuse to be outside the place where a person is living to undertake exercise or recreation

“in a gathering within the meaning of paragraph 13(1)(b)(i) or (ii)”.

As paragraph 13(1)(b)(i) has been omitted by regulation 4(c)(ii) of the instrument, it should have been omitted from subparagraph (t)(iii)(ff) of paragraph 18(2) of schedule 5.

The Scottish Government has indicated that it proposes to bring forward amendments to address all three issues. Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, and does it wish to welcome the fact that the Scottish Government is to bring forward an amending instrument to deal with the errors?

No member has indicated that they are not content, so that is agreed.

No points have been raised on the following seven made affirmative instruments.

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Health Protection (Coronavirus) (Restrictions and Requirements) (Miscellaneous Amendments) (Scotland) Regulations 2020 (SSI 2020/439)

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Health Protection (Coronavirus) (International Travel and Public Health Information) (Scotland) (No 2) Regulations 2020 (SSI 2020/444)

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Social Care Staff Support Fund (Coronavirus) (Scotland) Amendment Regulations 2020 (SSI 2020/469)

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Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 9) Regulations 2020 (SSI 2020/471)

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Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 25) Regulations 2020 (SSI 2020/474)

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Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 11) Regulations 2021 (SSI 2021/3)

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Health Protection (Coronavirus) (International Travel) (Scotland) Amendment Regulations 2021 (SSI 2021/5)

Is the committee content with the instruments?

No member has indicated that they are not content, so that is agreed.