Scott Wortley
10 min readJan 4, 2021

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COvid restrictions on gatherings and movement — Scotland

I thought it might be useful to incorporate today’s amendments into the existing law to have them in one place pending the changes being added on the legislation.gov.uk website.

The main Scottish regulations for level 4 are here https://www.legislation.gov.uk/ssi/2020/344/schedule/5.

The amendments are detailed in today’s SSI https://www.legislation.gov.uk/ssi/2021/1/contents/made

I have tried to mark the substantive amendments in bold (aside tomthe use of bold for headings) in the following

PART 3 Restrictions on gatherings

Restriction on public gatherings indoors in Level 4 area

11. — (1) A person must not participate in a gathering in a public place located in a Level 4 area, unless the gathering —

(a) consists of no more than two persons from no more than two households,

(b) is for the purpose of —

(i) work or providing voluntary or charitable services,

(ii) childcare, education or training,

(iii) attending a place of worship,

(iv) providing care or assistance to a vulnerable person,

(v) providing emergency or medical assistance,

(vi) avoiding injury, illness or escaping a risk of harm,

(vii) facilitating a house move,

(viii) facilitating shared parenting arrangements,

(ix) participating in legal proceedings or fulfilling a legal obligation,

(x) donating blood,

(xi) accessing public services, including —

(aa) social services,

(bb) services provided by the Department for Work and Pensions,

(cc) services provided to victims (such as victims of crime),

(c) relates to a funeral,

(ca) is a marriage ceremony or civil partnership registration, or

(d) is taking place in student accommodation, where all the persons in the gathering —

(i) are using cooking, dining, toilet or washing facilities which are shared with any person who is not a member of their household, and

(ii) have the accommodation as their only or main residence.

(2) For the purpose of sub-paragraph (1)(a), children under 12 years of age are not to be included when counting the number of persons participating in a gathering but are to be included when counting the number of households participating in a gathering.

Restriction on public gatherings outdoors in a Level 4 area

12. — (1) A person must not participate in a gathering in a public place outdoors located in a Level 4 area, unless the gathering —

(a) consists of no more than two persons from different households,

(c) consists of persons who are all under 12 years of age,

(d) is for the purpose of —

(i) work or providing voluntary or charitable services,

(ii) childcare, education or training,

(iii) attending a place of worship,

(iv) providing care or assistance to a vulnerable person,

(v) providing emergency or medical assistance,

(vi) avoiding injury, illness or escaping a risk of harm,

(vii) facilitating a house move,

(viii) facilitating shared parenting arrangements,

(ix) participating in legal proceedings or fulfilling a legal obligation,

(x) donating blood,

(xi) accessing public services, including —

(aa) social services,

(bb) services provided by the Department for Work and Pensions,

(cc) services provided to victims (such as victims of crime),

(xiii) an organised activity which is for persons under 12 years of age, but which is not a public procession,

(e) relates to a funeral,

(ea) is a marriage ceremony or civil partnership registration, or

(f) is taking place in student accommodation, where all the persons in the gathering —

(i) are using cooking, dining, toilet or washing facilities which are shared with any person who is not a member of their household, and

(ii) have the accommodation as their only or main residence.

(2) For the purpose of sub-paragraph (1)(a), children under 12 years of age are not to be included when counting the number of persons or households participating in a gathering.

(3) For the purpose of sub-paragraph (1)(d)(xiii), exercise or activity is “organised” if —

(a) it is organised by —

(i) a person who is responsible for carrying on a business or providing a service,

(ii) a person who is responsible for a place of worship,

(iii) a charity or other not for profit organisation,

(iv) a club or political organisation, or

(v) the governing body of a sport or other activity, and

(b) the organiser has taken such measures described in paragraph 8(1)(a) and (b) as are relevant to the particular activity or exercise, taking into account any relevant guidance issued by the Scottish Ministers.

Restriction on gatherings in private dwellings in a Level 4 area

13. — (1) A person must not attend a gathering in a private dwelling located in a Level 4 area, unless the gathering —

(a) takes place outdoors and consists of no more than two persons from different households,

(b) takes place outdoors and —

(ii) all the persons in the gathering are under 12 years of age,

(c) is for the purpose of —

(i) work or providing voluntary or charitable services,

(ii) childcare, education or training,

(iii) providing care or assistance to a vulnerable person,

(iv) providing emergency or medical assistance,

(v) avoiding injury, illness or escaping a risk of harm,

(vi) facilitating a house move,

(vii) fulfilling a legal obligation,

(viii) facilitating shared parenting arrangements,

(d) is a funeral, marriage ceremony or civil partnership registration, or

(e) is taking place in student accommodation, where all the persons in the gathering —

(i) are using cooking, dining, toilet or washing facilities which are shared with any person who is not a member of their household, and

(ii) have the accommodation as their only or main residence.

(2) For the purpose of sub-paragraph (1)(a), children under 12 years of age are not to be included when counting the number of people or households attending a gathering.

PART 4 Restrictions on movement

Restrictions on entering Level 4 area

15. — (1) A person who does not live in a Level 4 area must not enter or remain in that area.

(2) But a person who does not live in a Level 4 area may travel through it in order to reach a place outwith the area.

Examples of reasonable excuse

16.(1) For the purposes of regulation 15, examples of what constitutes a reasonable excuse (see regulation 5(4)) include entering or remaining in a Level 4 area that the person does not live in, for the purposes set out in sub-paragraph (2).

(2) The purposes are to —

(a) obtain or provide —

(i) food and medical supplies for those in the same household (including animals in the household) or for vulnerable persons,

(ii) supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person,

(b) work or provide voluntary or charitable services, where it is not possible for the person to do so from home,

© access, provide or receive childcare, education or training, including a support service for parents or expectant parents,

(d) lead an act of worship,

(e) provide care or assistance to a vulnerable person,

(f) visit a person detained in a prison, young offenders institution, remand centre, secure accommodation or other place of detention,

(g )provide or receive emergency assistance,

(h) provide or obtain medical assistance, including accessing any of the following —

(i) audiology services,

(ii) chiropody services,

(iii) chiropractic services,

(iv) dental services,

(v) ophthalmic services,

(vi) osteopathic services,

(vii) services relating to mental health,

(i) accompany a person obtaining medical assistance, or visit a person receiving treatment in a hospital or who is residing in a hospice or care home,

(j) avoid injury, illness or other risk of harm, or support someone who is doing so,

(k) move home or undertake activities in connection with the maintenance, purchase, sale, letting, or rental of residential property that the person owns or is otherwise responsible for,

(l) participate in or facilitate shared parenting arrangements,

(m) fulfil a legal obligation or participate in legal proceedings,

(n) donate blood,

(o) vote, or register to vote, in an election (including to vote as proxy),

(p) access public services, including any of the following —

(i) social services,

(ii) services provided by the Department for Work and Pensions,

(iii) services provided to victims (such as victims of crime),

(iv) asylum and immigration services and interviews,

(q) access services provided by voluntary or charitable services, including food banks,

(r) access waste disposal or recycling facilities,

(s) obtain money from or deposit money with a business mentioned in paragraph 2(3)(j) or (k),

(t) exercise outdoors, provided that the exercise —

(i) is not organised, and

(ii) starts and ends at the same place, which place must be —

(aa) in the local government area in which the person lives, or

(bb) within 5 miles of such local government area,

(u) where the person is a professional sportsperson, or the coach of a professional sportsperson, coach, train or compete,

(v) attend a solemnisation of a marriage or registration of a civil partnership,

(w) attend a gathering which relates to a funeral, or to travel for compassionate reasons which relate to the end of a person’s life,

(x) feed or care for an animal, including obtaining veterinary services,

(y) where the person is a member of an extended household, visit a member of the household which forms the other part of the extended household and who lives outwith the area in which the person lives or, as the case may be, in a Level 4 area,

(z) facilitate the formation of an end of term household, where either or both of the student or the other household which will make up the end of term household live outwith the same area or, as the case may be, in a Level 4 area.

(3) For the purpose of sub-paragraph (2)(t) exercise is “organised” if —

(a)it is organised by —

(i) a person who is responsible for carrying on a business or providing a service,

(ii) a person who is responsible for a place of worship,

(iii) a charity or other not for profit organisation,

(iv) a club or political organisation,

(v) the governing body of a sport or other activity, and

(b) the organiser has taken such measures described in paragraph 8(1)(a) and (b) as are relevant to the particular activity or exercise, taking into account any relevant guidance issued by the Scottish Ministers.

Requirement to stay at home in Level 4 areas

17. — (1) A person who is living in a Level 4 area must not leave the place where that person is living.

(2) For the purposes of sub-paragraph (1), the place where a person is living includes the premises where they live together with any garden, yard, passage, stair, garage, outhouse or other appurtenance of such premises.

(3) Sub-paragraph (1) does not apply to any person who is homeless.

Examples of reasonable excuse

18. — (1) For the purposes of regulation 17, examples of what constitutes a reasonable excuse (see regulation 5(4)) include leaving the place where the person is living, for the purposes set out in sub-paragraph (2).

(2) The purposes are to —

(a) obtain or provide —

(i) food and medical supplies for those in the same household (including animals in the household) or for vulnerable persons,

(ii) supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person,

(b) work or provide voluntary or charitable services, where it is not possible for the person to do so from home,

(c) access, provide or receive childcare, education or training, including a support service for parents or expectant parents,

(d) lead an act of worship,

(e) provide care or assistance to a vulnerable person,

(f) visit a person detained in a prison, young offenders institution, remand centre, secure accommodation or other place of detention,

(g) provide or receive emergency assistance,

(h) provide or obtain medical assistance, including accessing any of the following —

(i) audiology services,

(ii) chiropody services,

(iii) chiropractic services,

(iv) dental services,

(v) ophthalmic services,

(vi) osteopathic services,

(vii) services relating to mental health,

(viii) vaccination services,

(i) accompany a person obtaining medical assistance, or visit a person receiving treatment in a hospital or who is residing in a hospice or care home,

(j) avoid injury, illness or other risk of harm, or support someone who is doing so,

(k) move home or undertake activities in connection with the maintenance, purchase, sale, letting, or rental of residential property that the person owns or is otherwise responsible for,

(l) participate in or facilitate shared parenting arrangements,

(m) fulfil a legal obligation or participate in legal proceedings where it is not possible for the person to do so from the place where the person is living,

(n) vote, or register to vote, in an election (including to vote as proxy),

(o) donate blood,

(p) access public services, including any of the following, where it is not possible for the person to do so from the place where the person is living —

(i) social services,

(ii) services provided by the Department for Work and Pensions,

(iii) services provided to victims (such as victims of crime),

(iv) asylum and immigration services and interviews,

(q) access services provided by voluntary or charitable services, including food banks,

(r) access waste disposal or recycling facilities,

(s) obtain money from or deposit money with a business mentioned in paragraph 2(3)(j) or (k), where it is not possible for the person to do so from the place where the person is living,

(t) undertake exercise or recreation —

(i) outdoors,

(ii) that starts and ends at the same place, which place must be —

(aa) in the local government area in which that person lives, or

(bb) within 5 miles of such local government area, and

(iii) is either undertaken —

(aa) alone,

(bb) with members of that person’s household,

(cc) in a gathering within the meaning of paragraph 12(1)(a), (b) or ©,

(dd) in a gathering within the meaning of paragraph 12(1)(d)(xiii),

(ee) in a gathering within the meaning of paragraph 13(1)(a), or

(ff) in a gathering within the meaning of paragraph 13(1)(b)(i) or (ii),

(u) where the person is a professional sportsperson, or the coach of a professional sportsperson, coach, train or compete,

(v) attend a solemnisation of a marriage or registration of a civil partnership,

(w) attend a funeral or to travel for compassionate reasons which relate to the end of a person’s life,

(x) feed or care for an animal, including obtaining veterinary services,

(y) where the person is a member of an extended household, visit a member of the household which forms the other part of the extended household in the place where that other member is living, and

(z) facilitate the formation of an end of term household, where either or both of the student or the other household which will make up the end of term household live outwith the same area or, as the case may be, in a Level 4 area.

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Scott Wortley

Law lecturer. Interest in Scots property law, conveyancing, debt and insolvency, statutory interpretation and legislation.