Delegated Powers and Law Reform Committee

Meeting date: Tuesday, October 27, 2020

Official Report 469KB pdf

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Instruments subject to Made Affirmative Procedure

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Health Protection (Coronavirus) (Restrictions and Requirements) (Additional Temporary Measures) (Scotland) Regulations 2020 (SSI 2020/318)

The first instrument for consideration under agenda item 2 is SSI 2020/318, on which a point has been raised. Regulation 18 sets out the requirement to collect and share information when people visit “relevant hospitality premises”, which include restaurants, cafes, bars and public houses, and hotels in which food and drink is sold for consumption on the premises.

The committee’s legal advisers asked the Scottish Government whether regulation 18 made it clear enough that visitor information did not need to be collected if food or drink was being purchased for consumption off the premises. Our legal advisers noted that the associated guidance that has been produced by the Scottish Government makes it clear that takeaway activities are excluded from the requirement.

In its response, the Scottish Government said that the use of the term “visitor” rather than “customer” excludes those people who are on the premises for the purpose of purchasing or collecting food for consumption off the premises, but it agreed that

“the intention of the provision could be clarified further”

and thanked the Parliament for bringing the matter to its attention. The Scottish Government said that it will legislate at the next opportunity to provide clarity on the point.

The committee may wish to draw the instrument to the attention of the Parliament under reporting ground (h), as the form or meaning of the provision in question could be clearer. It may also wish to note that the Scottish Government has undertaken to clarify the provision at the next opportunity that it has to do so.

Does the committee wish to draw the instrument to the attention of the Parliament under reporting ground (h)?

Members indicated agreement.

No points have been raised on the following five instruments, which are also subject to the made affirmative procedure.

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Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 17) Regulations 2020 (SSI 2020/307)

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Health Protection (Coronavirus) (Restrictions and Requirements) (Additional Temporary Measures) (Scotland) Amendment Regulations 2020 (SSI 2020/325)

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Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 18) Regulations 2020 (SSI 2020/326)

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Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Amendment Regulations 2020 (SSI 2020/328)

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Health Protection (Coronavirus) (Restrictions and Requirements) (Additional Temporary Measures) (Scotland) Amendment (No 2) Regulations 2020 (SSI 2020/329)

Is the committee content with the instruments?

Members indicated agreement.