Act provision

Measures undertaken

Section 2, Schedule 1 – paragraph 8 (evictions – power to modify notice periods)

These functions were exercised in the Coronavirus (Scotland) Act 2020 (Eviction from Dwelling-houses) (Notice Periods) Modification Regulations 2020 (2020/270) to protect tenants and keep them safe in their home during the pandemic. Women are the majority of renters in the social rented sector, and people from non-white backgrounds are more likely than people from white backgrounds to live in the private rented sector - it was therefore crucial that a range of impact assessments were undertaken. This included significant contributions to both the Equality Impact Assessment and Children’s Rights and Wellbeing Impact Assessments that were prepared and published as part of the wider work to implement the emergency Coronavirus legislation.

Section 5, Schedule 4 – paragraph 15 (community orders: power to vary requirements in community payback orders and drug treatment and testing orders)

These functions were exercised in the Community Orders (Coronavirus) (Scotland) Regulations 2021(2021/144), which used the power to vary community orders. Impact assessments, including an Equality Impact Assessment, were prepared and published to support scrutiny of this SSI.

The regulations excluded orders imposed involving domestic abuse, sexual offences, and stalking to mitigate risks arising from the particular barriers that exist in relation to the reporting of those offences (and which are not found to the same extent with other offence types), and which the Scottish Government and other justice organisations have taken steps to reduce in recent years. These include action under Equally Safe, the Scottish Government’s national strategy to take action against all forms of violence against women and girls, ground-breaking domestic abuse legislation, investment in training and support, and campaigns.

Section 5, Schedule 4 – paragraph 19 (power to make regulations in relation to early release of prisoners)

This function was exercised to make The Release of Prisoners (Coronavirus) (Scotland) Regulations 2020 (2020/138). The provisions of the Act, and the specific regulations set out in the SSI identified a cohort of prisoners who were considered for early release. The criteria which were applied related to the individuals’ previous offending (including exclusions for individuals sentenced for sex offences, domestic abuse or harassment offences – and a provision for prison Governors to exclude otherwise eligible individuals if there was evidence an early release would present a risk to a specific individual), as well as prisoner’s sentence length and time remaining to serve. As such, the criteria were uniform in their assessment of eligibility, irrespective of the individuals age, gender, or other potential discriminatory factors.

Section 7, Schedule 6 – paragraph 8(2) (power to postpone publication and laying of reports before the Scottish Parliament)

This functional provision was introduced by the Act and has been exercised to allow for publication of certain statutory reports to be delayed only in circumstances where publication by the required date would impede their ability to take effective action against coronavirus; otherwise publication would continue to be required as normal. The Scottish Government does not consider it to be a provision which could provide “opportunities to advance equality and non-discrimination when exercising their functions under the Act”. These are general, wide-reaching powers provided by the first Scottish Act without needing an SSI.

Section 7, schedule 6 – paragraph 9(2) (powers in relation to duties to publish or make available documents for inspection electronically)

This functional provision has been exercised by public authorities, particularly while access to public offices and libraries has been restricted, but due to the wide range of circumstances where Scottish Ministers or public bodies may have exercised these powers, it would be disproportionate to report on individual uses and so a record of its use is not available.The Scottish Government has recognised the online publication of certain documents, rather than them being made available for physical inspection, may have an impact on those who have less access to online technologies. Older people, disabled people and those with long-term health conditions have been identified particularly as using these technologies less than other groups. However, older people and those with long-term health conditions are also identified as being at greater risk from coronavirus. The Scottish Government recognised that the aim is to allow local authority business and other public services, including services for vulnerable groups, to continue and meet statutory requirements at any time while physical access is not permitted to prevent spread of the virus. These are general, wide-reaching powers provided by the first Scottish Act without needing an SSI.

Section 8, schedule 7- paragraphs 9 and 10 (power to make regulations in relation to duration of planning permission)

This provision gives Ministers power to alter the “emergency period” and the “extended period” referred to in the relevant provisions. These powers have been used to change these periods by:

The Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Regulations 2020/254 – which changed the periods so that the emergency period would end on 31 March 2021 and the extended period would end on 30 September 2021.

The Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Regulations 2021/100 (as subsequently amended by SSI 2021/142) – which changed the end of the emergency period from 31 March 2021 to 30 September 2021 and the end of the extended period from 30 September 2021 to 31 March 2022.

The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2021/292 - which changed the end of the emergency period from 30 September 2021 the end of 31 March 2022 and the end of the extended period from 31 March 2022 to the end of 30 September 2022.

The Scottish Government does not consider it to be a provision which could provide “opportunities to advance equality and non-discrimination when exercising their functions under the Act”.