Public Health PART 1 Introductory Citation and commencement 1 These Regulations may be cited as the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 2) Regulations 2020 and come into force at 6.00 a.m. on 13 November 2020. 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 18 . PART 2 Restrictions Changes to levels 3 1 In the table in schedule 6 (areas), in column 3 (level of area) of each of the entries mentioned in paragraph (2), for “2” substitute “3”. 2 The entries are 6 (Fife), 29 (Angus) and 31 (Perth and Kinross). Modification of the restrictions in certain areas 4 After regulation 3 (application of the restrictions) insert— Modification of the restrictions in certain areas 3A 1 In its application in relation to the areas mentioned in paragraph (2), schedule 2, paragraph 9 (restriction on gatherings in private dwellings in a Level 1 area) has effect as if— a before sub-paragraph (1)(a) there is inserted— za takes place indoors and consists of no more than six persons from no more than two households, , and b after sub-paragraph (1) there is inserted— 1A For the purpose of sub-paragraph (1)(za), children under 12 years of age are not to be included when counting the number of people attending a gathering but are to be included when counting the number of households attending a gathering. . 2 The areas are those specified in column 2 of the following entries of the table in schedule 6— a 27 (Orkney Islands), b 28 (Shetland Islands), and c 32 (Na h-Eileanan Siar). . PART 3 Enforcement Offences 5 In regulation 5(1) (offences)— a in sub-paragraph (a), for “3(b)” substitute “3(1)(b)”, b in sub-paragraph (b), for “4(b)” substitute “4(1)(b)”, c in sub-paragraph (c), for “7(b) and 8” substitute “8(1)(b) and 9”, d in sub-paragraph (d), for “6(b) and 7” substitute “7(1)(b) and 8”, and e in sub-paragraph (e) for “8(b)” substitute “8(1)(b)”. Power of entry 6 In regulation 6(5) (requirement for reasonable suspicion before exercise of power of entry), for “paragraph 12 of schedule 3, paragraph 11” substitute “paragraph 13 of schedule 3, paragraph 12”. PART 4 Restrictions on gatherings Restriction on public gatherings outdoors in a Level 0 area 7 In schedule 1, paragraph 7 (restriction on public gatherings outdoors located in a Level 0 area), in sub-paragraph (1)(b), for “15” substitute “eight”. Restriction on gatherings in private dwellings in a Level 0 area 8 In schedule 1, paragraph 8 (restriction on gatherings in private dwellings in a Level 0 area)— a after sub-paragraph (1)(a) insert— aa takes place outdoors and consists of no more than 15 persons from no more than five households, , b in sub-paragraph (2)— i omit “or households”, and ii after “gathering” insert “but are to be included when counting the number of households attending a gathering”, and c after sub-paragraph (2) insert— 3 For the purpose of sub-paragraph (1)(aa), children under 12 years of age are not to be included when counting the number of people or households attending a gathering. . Restriction on public gatherings outdoors in a Level 4 area 9 In schedule 5, paragraph 12 (restriction on public gatherings outdoors in a Level 4 area)— a after sub-paragraph (1)(d)(xii) insert— xiii an organised activity which is for persons under 18 years of age, but which is not a public procession, , and b in sub-paragraph (3), for “sub-paragraph (1)(d)(xii), exercise” substitute “sub-paragraph (1)(d)(xii) and (xiii), exercise or activity”. PART 5 Closure of premises and other restrictions on business Restrictions on food and drink businesses in a Level 3 area 10 In schedule 4, paragraph 5 (restrictions on food and drink businesses in a Level 3 area)— a omit sub-paragraph (3), and b in sub-paragraph (4), for “(2)(d) to (g)” substitute “(2)(c) to (g)”. 11 In schedule 4, paragraph 6 (exceptions to food and drink business restrictions for certain services), for sub-paragraph (1)(c) substitute— c sub-paragraph (2) is omitted. . Provisions of the Local Levels Regulations having effect at other levels 12 In regulation 3 (application of the restrictions), after paragraph (5), insert— 5A The requirements set out in paragraph 2A of each of schedules 3 and 4 and paragraph 4B of schedule 5 also apply (where they so indicate) in relation to other areas. . Mobile close contact services in respect of Level 2 areas 13 In schedule 3, after paragraph 2, insert— Requirement to cease mobile close contact services in respect of Level 2 areas 2A 1 A person who is living in a Level 2 area who provides a mobile close contact service must not provide that service in any other local authority area. 2 In this paragraph, “mobile close contact service” has the meaning given in paragraph 2(2). . Mobile close contact services in respect of Level 3 areas 14 In schedule 4, after paragraph 2, insert— Requirement to cease mobile close contact services in respect of Level 3 areas 2A 1 A person who is living in a Level 3 area who provides a mobile close contact service must not provide that service in any other local authority area. 2 In this paragraph, “mobile close contact service” has the meaning given in paragraph 2(2). . Driving lessons and tests in a Level 4 area 15 In schedule 5— a in paragraph 1(2) (requirement to close certain premises in a Level 4 area to members of the public), after head (s), insert— sa a driving instructor or examiner, , and b after paragraph 4, insert— Requirement to cease driving lessons and tests in a Level 4 area 4A A person who provides a driving lesson or driving test for which a motor vehicle is used (unless all occupants are members of the same household) must not provide that service in a Level 4 area. . Mobile close contact services or driving lessons and tests in respect of Level 4 areas 16 In schedule 5, after paragraph 4A (inserted by regulation 15 of these Regulations), insert— Requirement to cease mobile close contact services or vehicle driving lessons or tests in respect of Level 4 areas 4B 1 A person responsible for carrying on a business, or who operates from premises, located in a Level 4 area who provides a mobile close contact service, must not provide that service in any other local authority area. 2 A person responsible for carrying on a business, or who operates from premises, located in a Level 4 area who provides a driving lesson or test for which a motor vehicle is used (unless all occupants are members of the same household) must not provide that service in any other local authority area. 3 A person who is living in a Level 4 area who provides a mobile close contact service must not provide that service in any other local authority area. 4 A person who is living in a Level 4 area who provides a driving lesson or test for which a motor vehicle is used (unless all occupants are members of the same household) must not provide that service in any other local authority area. 5 No person may provide a driving lesson or test for which a motor vehicle is used (unless all occupants are members of the same household) to a person who is living in a Level 4 area. 6 In this paragraph, “mobile close contact service” has the meaning given in paragraph 4(2). . PART 6 Face covering requirements Face covering requirements 17 In schedule 7 (face covering requirements)— a after paragraph 2(h) (requirement to wear face coverings in certain indoor places), insert— ha performing, presenting, addressing a public gathering, making a speech or being a panel member, where— i there is a partition between the person and other persons, or ii a distance of at least two metres is maintained between the person and other persons, , b in paragraph 3(1)(d) (places where face coverings must be worn), after “arcades” insert “, snooker or pool halls”, c after paragraph 3(1)(t), omit “and”, and d after paragraph 3(1)(u), insert— v indoor theatres, w comedy clubs, x concert halls, y soft play centres, z sports stadiums, and aa conference or exhibition centres . PART 7 Miscellaneous amendments Minor amendments 18 1 In schedule 1 (Level 0 restrictions), after paragraph 1(3)(a), omit “or”. 2 In each of the following provisions, after “sub-paragraph (2)”, insert “)”— a schedule 1, paragraph 3(1)(a)(i) and (iii), b schedule 2, paragraph 4(1)(a)(i) and (iii), c schedule 4, paragraph 7(1)(a)(i) and (iii), and d schedule 5, paragraph 8(1)(a)(i) and (iii). 3 In each of the titles to schedule 4, paragraph 10 and schedule 5, paragraph 11 omit “protected”. MICHAEL RUSSELL A member of the Scottish Government St Andrew’s House, Edinburgh At 12.57 p.m. on 12th November 2020