Public Health Citation and commencement 1 1 These Regulations may be cited as the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021. 2 Subject to paragraph (3), these Regulations come into force on 16 January 2021. 3 Regulations 4, 5, 6 and 14 come into force on 22 January 2021. 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 2020 are amended in accordance with regulations 3 to 12. Amendment to regulation 4: enforcement of requirements 3 In regulation 4 (enforcement of requirements)— a in paragraph (8), for “or (7)” substitute “, (7) or (7A)”, b in paragraph (9) for “or (7)” substitute “, (7) or (7A)”. Amendment to regulation 5: offences and penalties 4 In regulation 5(1) (offences and penalties)— a in sub-paragraph (d) for “7(1)(b) and 8”, substitute “7(1)(b), 8 and 9A”, b in sub-paragraph (e) for “8(1)(b) and 9”, substitute “8(1)(b), 9 and 10A”. Amendment to schedule 4: residential tenancies (eviction) 5 In schedule 4 (level 3 restrictions), after paragraph 9 (requirement to collect and share information: restaurants, cafes, bars, public houses, etc.) insert— Residential tenancies (eviction) 9A 1 No person may attend at a dwelling house for the purpose of— a serving a charge for removing, or b executing a decree for removing from heritable property. 2 Sub-paragraph (1) does not apply where the charge for removing relates to a decree for removing from heritable property, or where the decree for removing from heritable property is, granted wholly or partly on the basis that possession is sought in the circumstances as specified in— a Case 2 (nuisance, annoyance or conviction for using or allowing the dwelling-house to be used for immoral or illegal purposes) in schedule 2 of the Rent (Scotland) Act 1984 , b Ground 15 (conviction for certain offences, acting in an anti-social manner or pursuing a course of anti-social conduct) in schedule 5 of the Housing (Scotland) Act 1988 , c Paragraph 2 (conviction for certain offences), 7 (anti-social behaviour or harassment) or 8 (nuisance, annoyance or harassment) of schedule 2 of the Housing (Scotland) Act 2001 , or d Paragraph 13 (criminal behaviour), 14 (anti-social behaviour) or 15 (association with person who has relevant conviction or engaged in relevant anti-social behaviour) in schedule 3 of the Private Housing (Tenancies) (Scotland) Act 2016 . 3 The period mentioned in section 16(5A)(c) of the Housing (Scotland) Act 2001 (powers of court in possession proceedings) does not run during any period for which this paragraph has effect. 4 In this paragraph— “the 2007 Act” means the Bankruptcy and Diligence etc. (Scotland) Act 2007 , “a charge for removing” means a charge to remove from subjects or premises, as required by section 216(1) of the 2007 Act, in the case of a decree or order for removing from heritable property of a type mentioned in paragraph (f), (g) or (k) of section 214(2) of the 2007 Act , and “a decree for removing from heritable property” means a decree or order of a type mentioned in paragraph (f), (g) or (k) of section 214(2) of the 2007 Act. . Amendment to schedule 5: residential tenancies (eviction) 6 In schedule 5 (level 4 restrictions), after paragraph 10 (requirement to collect and share information: restaurants, cafes, bars, public houses, etc. in a level 4 area) insert— Residential tenancies (eviction) 10A 1 No person may attend at a dwelling house for the purpose of— a serving a charge for removing, or b executing a decree for removing from heritable property. 2 Sub-paragraph (1) does not apply where the charge for removing relates to a decree for removing from heritable property, or where the decree for removing from heritable property is, granted wholly or partly on the basis that possession is sought in the circumstances as specified in— a Case 2 (nuisance, annoyance or conviction for using or allowing the dwelling-house to be used for immoral or illegal purposes) in schedule 2 of the Rent (Scotland) Act 1984, b Ground 15 (conviction for certain offences, acting in an anti-social manner or pursuing a course of anti-social conduct) in schedule 5 of the Housing (Scotland) Act 1988, c Paragraph 2 (conviction for certain offences), 7 (anti-social behaviour or harassment) or 8 (nuisance, annoyance or harassment) of schedule 2 of the Housing (Scotland) Act 2001, or d Paragraph 13 (criminal behaviour), 14 (anti-social behaviour) or 15 (association with person who has relevant conviction or engaged in relevant anti-social behaviour) in schedule 3 of the Private Housing (Tenancies) (Scotland) Act 2016. 3 The period mentioned in section 16(5A)(c) of the Housing (Scotland) Act 2001 (powers of court in possession proceedings) does not run during any period for which this paragraph has effect. 4 In this paragraph— “the 2007 Act” means the Bankruptcy and Diligence etc. (Scotland) Act 2007, “a charge for removing” means a charge to remove from subjects or premises, as required by section 216(1) of the 2007 Act, in the case of a decree or order for removing from heritable property of a type mentioned in paragraph (f), (g) or (k) of section 214(2) of the 2007 Act, and “a decree for removing from heritable property” means a decree or order of a type mentioned in paragraph (f), (g) or (k) of section 214(2) of the 2007 Act. . Amendment to Level 3: restrictions 7 In schedule 4 (level 3 restrictions)— a in paragraph 1(3) (requirement to close certain premises in a Level 3 area to members of the public), after head (f) insert— g any suitable premises to host vaccination services, where requested to do so by the Scottish Ministers, a local authority or a health board. , b in paragraph 5 (restrictions on food and drink businesses in a Level 3 area), after sub-paragraph (7) insert— 8 Sub-paragraph (1) does not prevent the use of suitable premises to host vaccination services, where requested to do so by the Scottish Ministers, a local authority or a health board. . Amendment to Level 4: restrictions 8 In schedule 5 (level 4 restrictions)— a in paragraph 1(2), after head (u), insert— v child contact centres , b in paragraph 1(3) (requirement to close certain premises in a level 4 area to members of the public), after head (f) insert— g any suitable premises to host vaccination services, where requested to do so by the Scottish Ministers, a local authority or a health board, h premises of a listed business in sub-paragraph (2)(v),— i where— aa the child contact centre is provided by a local authority, and bb the contact is facilitated by a local authority, ii for the purposes of— aa a handover of a child to a person with whom the child is not, or will not be, living, or bb for the return of a child from a handover to a person with whom the child is or will be living. , c in paragraph 1(7), after “electrolysis)”, insert— “child contact centres” means any place that is used for the facilitation of contact between a child and a person with whom the child is not, or will not be, living (including the handover of the child to that person) , d in paragraph 1A (requirement to close places of worship in a level 4 area to members of the public) — i in sub-paragraph (2)(e) omit “vaccination centres”, ii after sub-paragraph (2) insert— 2A A place of worship may be used if it is a suitable premises to host vaccination services, where requested to do so by the Scottish Ministers, a local authority or a health board. , e in paragraph 2 (requirement to close retail and library premises in a Level 4 area to members of the public), after sub-paragraph (3) insert— 4 Sub-paragraph (1) does not prevent the use of suitable premises to host vaccination services, where requested to do so by the Scottish Ministers, a local authority or a health board. , f in paragraph 3(2)(d) (requirement to cease providing holiday accommodation in a Level 4 area), for “or a local authority” substitute “, a local authority or a health board.”, g in paragraph 6 (closure of food and drink businesses in a Level 4 area), after sub-paragraph (6) insert— 7 Sub-paragraph (1) does not prevent the use of suitable premises to host vaccination services, where requested to do so by the Scottish Ministers, a local authority or a health board. , h in paragraph 17(1) (requirement to stay at home in Level 4 areas), after “leave” insert “or remain outside of”, i in paragraph 18(1) (examples of reasonable excuse), after “leaving” insert “or remaining outside of”. Amendment to Level 4: restrictions on retail premises 9 In schedule 5 (level 4 restrictions)— a in paragraph 2(1)(a), for “collection services” substitute “a permitted collection service”, b in paragraph 2(3)(u), omit “and outdoor car lots.”, c after paragraph 2(3)(u), insert— ua subject to sub-paragraph (5), outdoor motor vehicle lots, , d after paragraph 2(4), as inserted by regulation 8(e), insert— 5 An outdoor motor vehicle lot may open only to the extent necessary to enable— a collection of a vehicle that has been purchased, or b delivery or collection of a vehicle for the purposes of a repair, MOT or service. 6 In this paragraph “permitted collection service” means a service that is provided— a by any of the following— i baby equipment shops, ii book shops, iii clothing shops, iv electrical goods shops, including repair shops, v footwear shops, vi garden centres and plant nurseries, vii homeware shops, viii key cutting shops, ix libraries, and x shoe repair shops, b by staggered appointment, with where reasonably practicable a gap between each appointment, and c where access to the premises is given only to the extent necessary to provide the service. . Amendment to Level 4: restrictions on food and drink businesses in level 4 area 10 In schedule 5 (level 4 restrictions), in paragraph 6(2)(a) (closure of food and drink businesses in a level 4 area), insert at the end— provided that the person responsible for carrying on the food and drink business ensures that— i the food or drink is provided by means of a delivery to the customer, or ii the customer who collects the food or drink does not enter into the premises to do so, . Amendment to Level 4: restriction on gatherings in private dwellings 11 In schedule 5 (level 4 restrictions), in paragraph 13(1)(c)(i) (restriction on gatherings in private dwellings in a Level 4 area), after “services” insert “, but, where the work or provision of services is for the purpose of the upkeep, maintenance or functioning of the dwelling, a person may attend the gathering only if the work or provision of services is essential for that purpose”. Amendment to Level 4: restriction on consumption of alcohol in a public place outdoors 12 In schedule 5 (level 4 restrictions), after paragraph 18 (examples of reasonable excuse) insert— PART 5 Restriction on consumption of alcohol Restriction on consumption of alcohol in a public place outdoors in a Level 4 area 19 1 A person must not consume alcohol in a public place outdoors located in a Level 4 area. 2 For the purposes of the restriction in sub-paragraph (1)— a any liquid found in a container is presumed to conform to the description of the liquid on the container, b a container which is found to contain— i no liquid, or ii insufficient liquid to permit analysis is presumed to have contained, at the time of any alleged breach of that restriction, liquid which conformed to the description of the liquid on the container. 3 A person is not entitled to lead evidence for the purpose of rebutting a presumption mentioned in sub-paragraph (2) unless, not less than 7 days before the date of any trial in proceedings for an alleged offence for a breach of the restriction in sub-paragraph (1), that person has given notice to the prosecutor of an intention to do so. . Amendment to schedule 5: minor corrections 13 In schedule 5, in paragraph 18(2)(t)(iii) (examples of reasonable excuse)— a in sub-sub-head (cc) for “, (b) or (c)” substitute “or (c)”, and b in sub-sub-head (ff) omit “(i) or”. Revocations 14 1 The Health Protection (Coronavirus) (Protection from Eviction) (Scotland) Regulations 2020 are revoked. 2 In the Health Protection (Coronavirus) (Restrictions and Requirements) (Miscellaneous Amendments) (Scotland) Regulations 2020 , omit regulation 7 (amendment of the Health Protection (Coronavirus) (Protection from Eviction) (Scotland) Regulations 2020). MICHAEL MATHESON A member of the Scottish Government St Andrew’s House, Edinburgh At 12.50 p.m. on 14th January 2021