Coronavirus Acts: eleventh report to Scottish Parliament (February 2022)

6 Status update

6.1. Table One below provides detail on the status and operation of the provisions under Part 1 of the first and second Scottish Acts, and the provisions of the UK Act for which the Scottish Parliament gave legislative consent.

6.2. This includes information on the provisions which have been expired or suspended.

6.3. Where it is indicated in Table One that provisions have been expired as they are ‘spent’ provisions, this may mean that the provisions make amendments to other legislation and therefore the provisions themselves no longer need to remain in force. The operation of section 15(2) (d) of the Interpretation and Legislative Reform (Scotland) Act 2010 means that the expiry of these provisions does not affect the amendments they have made to other legislation. The effect of the expiry is simply to remove the ‘spent’ provisions in each of the Scottish Acts. Other provisions have been described as ‘spent’ as they no longer have any practical effect as their purpose has now been served.

6.4 As outlined above, this approach to reporting will ensure that the Parliament is given as much information as is available across all of the provisions in the relevant legislation, but with a particular emphasis on those provisions which have been identified as being likely to have the most significant impacts or interest. Where supplementary information has been provided, this is indicated within the ‘operation of the provision in the reporting period’ column within Table One, and further information is provided at section seven. For descriptions of the provisions, please refer to the ninth report.

Table One – Status and operation of provisions

(Provisions in rows marked in grey have been expired. For descriptions of the provisions, please refer to the ninth report)

Ref. 1.

Act

First Scottish Act

Provision

Section 2 and schedule 1 – Eviction from dwelling-houses

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation Supplementary information provided – see section 7.1.1 for further information

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 2.

Act

First Scottish Act

Provision

Section 3 and schedule 2 – Temporary extension of moratoria on diligence

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation Extended period of moratorium is available for individuals to apply.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force
Section 3, schedule 2, paragraphs 1 and 4 (6 month moratorium period) still in force. Section 3, schedule 2, paragraphs 2 and 3 (moratorium on diligence: multiple applications) expired at the end of 30 September 2021 as part of the Coronavirus (Extension and Expiry) (Scotland) Act 2021.

Ref. 3.

Act

First Scottish Act

Provision

Section 4 and schedule 3 – Children and vulnerable adults – Part 1 – Children

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation Children’s Hearings have reverted back to pre-pandemic legislation. Additional Rules of Procedure commenced on 26 July 2021 which allows for Children’s Hearings to take place virtually if required to do so.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired
Paragraph 2(2)^[3] expired on 30 March 2021 and paragraph 6 on 29 September 2020.^[4] As part of the Coronavirus (Extension and Expiry) (Scotland) Act 2021, all remaining provisions of Schedule 3, Part 1 expired at the end of 30 September 2021, subject to transitional and saving provisions.^[5]

Ref. 4.

Act

First Scottish Act

Provision

Section 4 and schedule 3 – Children and vulnerable adults – Part 2 – Vulnerable adults

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation Paragraph 11(1) expired on 29 September 2020^[6] and the rest of Paragraph 11 was suspended as from 30 September 2020^[7].

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired All remaining provisions expired as part of the Coronavirus (Extension and Expiry) (Scotland) Act 2021 at the end of 30 September 2021.

Ref. 5.

Act

First Scottish Act

Provision

Section 5 and schedule 4, Part 1 – Courts and tribunals: conduct of business by electronic means

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation
These provisions continue to support key elements of the Justice Recovery programme enabling Court and tribunal business to continue and to address the backlog built up due to the pandemic, for example minimising the number of paper documents in circulation and the number of people required to attend buildings. The introduction of an additional 16 trial courts from 6 September has also seen a marked improvement in criminal throughput with a total of 24,152 cases concluded in all criminal courts in Q2 2021/22 – an increase of 48% from the previous quarter.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 6.

Act

First Scottish Act

Provision

Section 5 and schedule 4, Part 2 - Fiscal fines

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation
The provision enables a wider range of summary cases to be dealt with by fiscal fine and, thereby, mitigate the impact of coronavirus on the justice system. In the period since 7 April 2020 up until 31 December 2021, 23,030 people or approximately 25% of individuals who received a first marking action for a Direct Measure were offered a fiscal fine. Over the same time period, 662 people or 3% of individuals offered a fiscal fine have been issued a fine amount above the previous scale maximum of £300.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 7.

Act

First Scottish Act

Provision

Section 5 and schedule 4, Part 3 - Cases beginning with an appearance from custody

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation
The provision, which enables custody proceedings to be heard in any sheriff court in Scotland by a sheriff of any sheriffdom, no matter where the alleged offence took place, creates the necessary flexibility to ensure the continued safe and effective operation of custody courts during the coronavirus outbreak and allows the court to deal with guilty pleas and move them out of the court system, and in doing so, minimise the number of cases that have to be transferred to local court. For as long as court business is affected by coronavirus and/or public health measures remain in place these provisions will continue to be required, which allow for a smaller number of police centralised custody suites and enable custody courts to be conducted in a way that minimises unnecessary travel and congregation of people.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 8.

Act

First Scottish Act

Provision

Section 5 and schedule 4, Part 4 - Extension of time limits

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation See section 7.1.2

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 9.

Act

First Scottish Act

Provision

Section 5 and schedule 4, Part 5 - Evidence

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired
As part of the Coronavirus (Extension and Expiry) (Scotland) Act 2021, this provision expired at the end of 30 September 2021 subject to saving provision in the Coronavirus (Extension and Expiry) (Scotland) Act 2021 (Evidence) (Saving Provision) Regulations 2021.

Ref. 10.

Act

First Scottish Act

Provision

Section 5 and schedule 4, Part 6 - Community orders

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation The power to vary community payback orders remains available but has not been used since the Community Order (Coronavirus) Scotland Regulations 2021 came into force in March. Unpaid work and other activity requirements continue to be extend to at least 12 months. Other provisions are now expired.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force
Paragraphs 13 and 15. The application of the regulation making power in paragraph 15 was restricted as part of the Coronavirus (Extension and Expiry) (Scotland) Act 2021 at the end of 30 September 2021. The regulation making power can no longer be used in relation to drug treatment and testing orders made under s.227U of the Criminal Procedure (Scotland) Act 1995.
Expired As part of the Coronavirus (Extension and Expiry) (Scotland) Act 2021 paragraphs 12 and 14 expired at the end of 30 September 2021.

Ref. 11.

Act

First Scottish Act

Provision

Section 5 and schedule 4, Part 7 - Parole Board

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation
The provisions at paragraph 17 require to remain in place to allow the Chairperson of the Parole Board to delegate his functions should he become incapacitated for Covid or other reasons. The provisions at paragraph 18 are still required to allow the entire proceedings of a parole hearing to be held by live link.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced – majority still in force Provisions at paragraphs 18(2), 18(4) and 18(5) were expired on 14 June 2021 as they were considered no longer necessary.

Ref. 12.

Act

First Scottish Act

Provision

Section 5 and schedule 4, Part 8 - Release of prisoners

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation The provisions have not been used in the reporting period. See section 7.1.3 for additional information.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 13.

Act

First Scottish Act

Provision

Section 5 and schedule 4, Part 9 - Legal Aid

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation
Many providers of legal aid services continue to experience disruption to cash flow and the provisions will support access to payment prior to a case concluding. As we emerge from the public health crisis, maintaining a legal aid sector will be crucial to the recovery of the justice system and the resolution of problems associated with the pandemic and resulting economic shock. To support this position these provisions require to remain in place.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 14.

Act

First Scottish Act

Provision

Section 6 and schedule 5 –
Alcohol licensing and section 7 and schedule 6, Part 1 – Licensing other than alcohol licensing

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation
Licensing authorities continue to make use of the provisions. For example, holding virtual licence hearings/meetings to progress day to day licensing business due to the coronavirus outbreak and physical distancing requirements. The provisions require to remain in place to enable the licensing regime to function effectively and to ensure, as far as practicable, people do not lose licenses through no fault of their own.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced – majority still in force
Section 2(1) of the Coronavirus (Extension and Expiry) (Scotland) Act 2021 provides that one licensing provision contained in the Coronavirus (Scotland) Act 2020 expired at the end of 30 September 2021. Namely, Paragraph 4 of schedule 5, sub-paragraph (5)(d) (alcohol licensing etc.) which allows for Licensing Board meetings to be held in private for a reason relating to coronavirus. All other provisions remain in force.

Ref. 15.

Act

First Scottish Act

Provision

Section 7 and schedule 6, Part 2 – Freedom of Information(FOI)

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation
Section 7, schedule 6, part 2, paragraph 6 –
The provisions of paragraph 6 allowing the Commissioner to take account of the impact of coronavirus expired at the end of 30 September 2021. However, provisions of the Coronavirus (Extension and Expiry) (Scotland) Act 2021 continue the provision in effect in relation to any request made under FOISA on or before 30 September 2021.
In operation Section 7, schedule 6, part 2, paragraph 7.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force
Paragraph 7
Expired Paragraph 6

Ref. 16.

Act

First Scottish Act

Provision

Section 7 and schedule 6, Part 3 - Duties in respect of reports and other documents

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation
These are generic provisions that apply to reporting and publication requirements across the public sector. The suspension of physical publication requirements is in use, since it is not certain that physical access to documents can be provided in all circumstances while the potential for re-imposition of restrictions remains and while there is a continuing encouragement for people to work from home where possible and appropriate. The power to postpone reporting should only be used as necessary to enable public authorities to focus on the coronavirus response. Given the aim of reducing undue burdens, it would be disproportionate to request authorities to report on the individual uses of these powers, however the provision continues to be necessary for the reasons set out above.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 17.

Act

First Scottish Act

Provision

Section 7 and schedule 6, Part 4 - Local Authority meetings

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation This provision provides local authorities with the flexibility to only provide hard copies or extracts of a document requested by a member of the public in their offices if it is reasonably practicable to do so and is now no longer compulsory.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force
Paragraphs 11(b), 12 and 14
Expired
Paragraph 13 expired as part of the
Coronavirus (Extension and
Expiry) (Scotland) Act 2021 at the end of 30 September 2021.

Ref. 18.

Act

First Scottish Act

Provision

Section 7 and schedule 6, and Part 5 – Duties under the Public Finance and Accountability (Scotland) Act 2000

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired As part of the Coronavirus (Extension and Expiry) (Scotland) Act 2021, these provisions expired at the end of 30 September 2021.

Ref. 19.

Act

First Scottish Act

Provision

Section 8 and schedule 7, paragraphs 1(b) and 5 – Social security

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired
Paragraphs 1(a), 2,3 and 4 are expired^[8] as they are spent provisions. Paragraphs 1(b) and 5 expired at the end of 30 September 2021 by the Coronavirus (Extension and Expiry) (Scotland) Act 2021.

Ref. 20.

Act

First Scottish Act

Provision

Section 8 and schedule 7, paragraphs 6 and 7 – Irritancy clauses in commercial leases: non-payment of rent or other sums due

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation As a preventative measure it is not possible to quantify how effective it has been. However, anecdotally it has been working well in conjunction with the Code of Practice for the Commercial Property Sector, which has also been extended to at least 22 March 2022, to prevent evictions for non-payment of rent. Rather landlords and tenants are continuing to arrive at mutually beneficial agreements on lease restructuring, rental deferments, holidays and reductions. There is accordingly little evidence of evictions taking place although this has always been possible under the Scottish Act.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 21.

Act

First Scottish Act

Provision

Section 8 and schedule 7, paragraphs 8 to 10 – Duration of planning permission

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation
It would be disproportionate to request authorities or applicants to report on the individual uses of these powers. Whilst some restrictions remain in place, this means that further delays can be expected and it may take some time to deal with the backlog of developments. The Scottish Government will continue to liaise with stakeholders as part of the ongoing review of the operation and continued necessity of these provisions.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force
The emergency and extended periods, as amended by The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2021 under powers conferred by these provisions mean that the ”emergency period” will expire on 31 March 2022 with the “extended period” expiring on 30 September 2022. No change to status since last reporting period.

Ref. 22.

Act

First Scottish Act

Provision

Section 8 and schedule 7, paragraphs 11 to 19 – Land Registration

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation
The portal for the submission of digital applications continues to operate successfully. The Keeper of the Registers of Scotland will continue to update Parliament on its operation via the Economy and Fair Work Committee.
Expired The advance notice provisions (paras 15 to 19) were fully expired by 30 June 2021.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force
Paragraphs 11 to 14
Expired
Paragraphs 15 to 19 No change to status since last reporting period

Ref. 23.

Act

First Scottish Act

Provision

Section 8 and schedule 7, paragraphs 20 to 22 – Anatomy Act

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation As cremations have generally been able to proceed without issue, albeit with further advanced planning, this provision was expired on 30 March 2021 by SSI 2021/93^[9].

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired No change to status since last reporting period.

Ref. 24.

Act

First Scottish Act

Provision

Section 8 and schedule 7, paragraphs 23 to 30 – Scrutiny of subordinate legislation in urgent cases

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired As part of the Coronavirus (Extension and Expiry) (Scotland) Act 2021, the provision expired at the end of 30 September 2021.

Ref. 25.

Act

First Scottish Act

Provision

Section 8 and schedule 7, paragraph 31 – Business Improvement Districts

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation
Regulations^[10] came into force and expired the provision on 30 June 2021.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired These provisions were expired on 30 June 2021 by the Coronavirus (Scotland) Act 2020 (Early Expiry of Provisions) Regulations 2021

Ref. 26.

Act

First Scottish Act

Provision

Section 8 and schedule 7, paragraphs 32 and 33 – Muirburn

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation The provision was expired on 30 March 2021 by SSI 2021/93^[11]

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired No change to status since last reporting period

Ref. 27.

Act

Second Scottish Act

Provision

Section 2 and schedule 1, Part 1 – Student residential tenancy: termination by tenant

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation
The Coronavirus (Extension and Expiry) (Scotland) Act 2021 extended the provisions in relation to student tenancies in halls of residence and Purpose Built Student Accommodation (PBSA) set out in the Coronavirus (Scotland) (No.2) Act 2020.
From 1 October 2021 the notice period that must be given by students, in order to terminate their tenancy in halls of residence and PBSA, is 28 days.
Students can only exercise these notice to leave periods for reasons relating to COVID-19 and for so long as the Coronavirus (Scotland) (No 2) Act 2020 remains in force. See section 7.2.1 for additional information.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 28.

Act

Second Scottish Act

Provision

Section 2 and schedule 1, Part 2 – Tenancies: pre-action requirements for order for possession or eviction order on ground of rent arrears

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation The provisions were in force during the reporting period. The Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) Regulations 2020 (SSI 2020/304) came into force on 30 September 2020. See section 7.2.2 for additional information.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 29.

Act

Second Scottish Act

Provision

Section 2 and schedule 1, Part 3 – Coronavirus Carer’s Allowance Supplement

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired As part of the Coronavirus (Extension and Expiry) (Scotland) Act 2021, the provision expired at the end of 30 September 2021.

Ref. 30.

Act

Second Scottish Act

Provision

Section 2 and schedule 1, Part 4 – Social Care Staff Support Fund

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation
The Social Care Staff Support Fund (Coronavirus) (Scotland) Regulations 2020 established the Fund and remain in force. No amending regulations have been made during this reporting period. Paragraph 7 makes provision to require the Scottish Ministers to establish a Social Care Staff Support Fund as soon as is practicable when the second Scottish Act came into force. The provisions set out what the fund is to be used for and require the Scottish Minsters to make further provision by regulations about the establishment, maintenance and administration of the fund.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 31.

Act

Second Scottish Act

Provision

Section 2 and schedule 1, Part 5 – Bankruptcy

Operation of the provision in reporting period ten (ending 31 January 2022)

Partially in operation As set out in the ninth report to Parliament, some of the provisions have been made permanent through The Bankruptcy (Miscellaneous Amendments) (Scotland) Regulations 2021 which commenced on 29 March 2021. The provisions for increased minimum debt level for creditor petition bankruptcy remains in operation along with those that enable electronic service of documents and virtual meetings in bankruptcy procedures.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force
Paragraphs 8, 10 and 12 of Part 5 of Schedule 1
Expired Paragraphs 9, 11, 13 and 14 of Part 5 of Schedule 1

Ref. 32.

Act

Second Scottish Act

Provision

Section 2 and schedule 1, Part 6 – Mental health: named person nomination

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation These provisions retain all the safeguards for the patient and are being applied to minimise any delay in the operation of the Mental Health Tribunal Scotland which is responsible for determining certain detentions. In addition this change ensures that people can continue to be treated and cared for in a way which respects their rights and allows services to be delivered effectively.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 33.

Act

Second Scottish Act

Provision

Section 2 and schedule 1, Part 7 – Care Homes

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation See section 7.2.3

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 34.

Act

Second Scottish Act

Provision

Section 2 and schedule 1, Part 8 – Powers to purchase care home services and care at home providers

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation These powers have not been used in the reporting period. Neither a health body nor a Local Authority has acquired a care home, nor has a Local Authority acquired a care at home service, under these voluntary purchase powers. Consequently, Scottish Ministers have not required to direct a health body to seek voluntarily acquisition of a care home under these powers.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 35.

Act

Second Scottish Act

Provision

Section 2 and schedule 1, Part 9 – Care homes: further provisions

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation These provisions were suspended at the end of 30 September 2021 and have not been used over this reporting period - section 3 Coronavirus (Extension and Expiry) (Scotland) Act 2021.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Suspended Suspended at the end of 30 September 2021 by the Coronavirus (Extension and Expiry) (Scotland) Act 2021

Ref. 36.

Act

Second Scottish Act

Provision

Section 2 and schedule 1, Part 10 – Marriage and civil partnership

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation This provision was suspended on 30 March 2021 by SSI 2021/93^[12].

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired As part of the Coronavirus (Extension and Expiry) (Scotland) Act 2021 these provisions expired at the end of 30 September 2021

Ref. 37.

Act

Second Scottish Act

Provision

Section 3 and schedule 2, Part 1 – Criminal justice -Criminal proceedings: extension of time limits

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation Delays in progressing criminal cases as a result of the impact of coronavirus on the court system (in particular, jury trials) continued to remain a significant issue in this period and this provision ensured that there was no need to hold further hearings to re-adjourn cases on a case-by-case basis when time limits on individual adjournments were reached, placing further pressure on the courts at a time when their capacity is limited.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 38.

Act

Second Scottish Act

Provision

Section 3 and schedule 2 and Part 1 Criminal justice -Arrangements for the custody of persons detained at police stations

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation
These provisions continue to be necessary to support the operation of vital custody hubs across Scotland.
There are currently fourteen sites where Prisoner Custody Officers are facilitating the movement of detained persons for their remote appearance for court. Police Scotland, the Scottish Courts and Tribunal Service and Scottish Prison Service are actively considering how these provisions can further extend the use of new custody hubs to reduce the physical appearance of people within the court estate.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 39.

Act

Second Scottish Act

Provision

Section 3 and schedule 2, Part 1 Criminal justice -Expiry of undertaking under section 25(2)(a) of the Criminal Justice (Scotland) Act 2016

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation See section 7.2.4.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 40.

Act

Second Scottish Act

Provision

Section 3 and schedule 2, Part 1 –
Criminal Justice – Fixed Penalty Notices under the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation
The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 have been revoked. Regulations^[13] in place since then provide that a police officer^[14] can only issue a Fixed Penalty Notice where the officer believes that the person is aged 18 or over. This provision is therefore no longer
necessary and was expired on 30 March 2021 by SSI 2021/93^[15].

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired as a spent provision No change to status since last reporting period

Ref. 41.

Act

Second Scottish Act

Provision

Section 3 and schedule 2, Part 2 – Proceeds of Crime

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation
Crown Office & Procurator Fiscal Service (COPFS) is still facing external challenges in relation to court timetabling as the court recovery continues with confiscation cases being adjourned for longer periods due to court timetabling issues. This disruption to usual court business is expected to continue despite the relaxation in Covid restrictions. These provisions will help to ensure that the confiscation process is not frustrated due to these delays. The provisions also ensure that individuals are not treated unfairly or disproportionately throughout this period if they have been unable to pay a confiscation order for reasons related to coronavirus.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 42.

Act

Second Scottish Act

Provision

Section 3 and schedule 2, Part 3 – Intimation, etc. of documents

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation These provisions continue to support the disruption to usual court access for members of the public. General public access to court and tribunal buildings continues to remain restricted and public counters remain closed. These provisions help to ensure that documents can continue to be made publically available, as required or permitted by statute. There are no alternatives which would prevent users of the justice system from adhering to rules for physical distancing and minimising contact when attending court buildings.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 43.

Act

Second Scottish Act

Provision

Section 4 and schedule 3, Part 1 – Reports, etc. under the Climate Change (Scotland) Act 2009

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired as a spent provision No change to status since last reporting period

Ref. 44.

Act

Second Scottish Act

Provision

Section 4 and schedule 3, Part 2 – Accounts of registered social landlords

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired as a spent provision No change to status since last reporting period

Ref. 45.

Act

Second Scottish Act

Provision

Section 4 and schedule 3, Part 3 – Accounts under the Public Finance and Accountability (Scotland) Act 2000

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired as a spent provision No change to status since last reporting period

Ref. 46.

Act

Second Scottish Act

Provision

Section 4 and schedule 3, Part 4 – Housing (Scotland) Act 1987: statement under section 33B

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired as a spent provision No change to status since last reporting period

Ref. 47.

Act

Second Scottish Act

Provision

Section 5 and schedule 4, Part 1 – UEFA European Championship

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired as a spent provision No change to status since last reporting period

Ref. 48.

Act

Second Scottish Act

Provision

Section 5 and schedule 4, Part 2 – Listed buildings and conservation areas: consents

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation It would be unduly burdensome to request authorities or applicants to report on the individual uses of these powers. Whilst construction sites are permitted to remain open, it may take some time to deal with the backlog of developments. The Scottish Government will continue to liaise with stakeholders as part of the ongoing review of the operation and continued necessity of these provisions.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force
The emergency and extended periods, as amended by The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2021 under powers conferred by these provisions mean that the ”emergency period” will now expire on 31 March 2022 with the “extended period” expiring on 30 September 2022. No change to status since last reporting period.

Ref. 49.

Act

Second Scottish Act

Provision

Section 5 and schedule 4, Part 3 – Registers kept by the Keeper of the Registers of Scotland

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation The portal for the submission of digital applications providing access to the Register of Inhibitions and Register of Judgments is operating successfully. The Keeper of the Registers of Scotland will continue to update Parliament on its operation via the Economy and Fair Work Committee.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 50.

Act

Second Scottish Act

Provision

Section 5 and schedule 4, Part 4 – Care services: giving of notices by the Care Inspectorate

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation
Care Inspectorate staff continue to have limited access to premises for printing and postal services. The Care Inspectorate offices also remain closed to the public and are therefore unable to receive postal correspondence. This has meant that electronic communication has become more vital.
The Care Inspectorate have indicated a preference to continue to serve notices electronically and on the wider list of persons provided through the provisions. As of 9 November 2021 this power has been used by the Care Inspectorate in relation to 4,079 matters for the issuing of notices relating to registration, variation of conditions of registration and enforcement action.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 51.

Act

Second Scottish Act

Provision

Section 5 and schedule 4, Part 5 – Land and Buildings Transaction Tax: additional amount

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired as a spent provision No change to status since last reporting period

Ref. 52.

Act

Second Scottish Act

Provision

Section 5 and schedule 4, Part 6 – Non-Domestic Rates relief

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired as a spent provision No change to status since last reporting period

Ref. 53.

Act

Second Scottish Act

Provision

Section 5 and schedule 4, Part 7 – Execution of documents, etc.

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation Personal attendance by solicitors, advocates and notaries public to execute documents and administer oaths in person etc. remains difficult as a result of physical distancing, and the continuing default position for home-working for most office-based workers in Scotland. To support this position these provisions require to remain in place.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 54.

Act

Second Scottish Act

Provision

Section 5 and schedule 4, Part 8 – Freedom of information

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation Paragraph 12 remained in operation. Scottish Ministers laid their tenth report on their handling of requests under FOISA, before the Parliament on 9 February – covering the period 27 November 2021 to 26 January 2022.^[16]

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 55.

Act

Second Scottish Act

Provision

Section 5 and schedule 4, Part 9 – Low emission zones

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation Spent provision expired on 30 March 2021 by SSI 2021/93^[17]

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired No change to status since last reporting period

Ref. 56.

Act

Second Scottish Act

Provision

Section 5 and schedule 4, Part 10 – Council Tax: exempt dwellings

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force. No change to status since last reporting period

Ref. 57.

Act

Second Scottish Act

Provision

Section 5 and schedule 4, Part 11 – Traffic Regulation

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation Provision expired on 30 March 2021 by SSI 2021/93^[18]

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired No change to status since last reporting period

Ref. 58.

Act

Second Scottish Act

Provision

Section 5 and schedule 4, Part 12 - Restriction on giving grant to businesses connected to tax havens

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation. Applicants must meet conditions in relation to tax havens (as defined by the EU list of non-cooperative jurisdictions) to be eligible recipients of grant funding from Ministers or any public body.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force. No change to status since last reporting period

Ref. 59.

Act

UK Act

Provision

Section 2 – Emergency registration of nurses and other healthcare professionals

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation The provision has continued to operate in the same way as the previous operating period.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 60.

Act

UK Act

Provision

Section 4 and schedule 3 – Emergency arrangements concerning medical practitioners: Scotland

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation The use of the powers is largely an administrative process and it is for Health Boards to decide whether GPs can perform whilst their application is pending. As such there is no central oversight of the use of the powers in the reporting period.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 61.

Act

UK Act

Provision

Section 7 and schedule 6 - Temporary registration of social workers: Scotland

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation The temporary register is still in place with over 200 registrants available to be deployed to frontline services. Details have been shared with Local Authorities in order that they can access registrants should they need to recruit additional social workers. An increase in demand for all social work services still remains with employers using the register for recruitment therefore the temporary social work register continues to be necessary.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 62.

Act

UK Act

Provision

Section 10 and schedule 9 - Temporary modification of mental health legislation

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation See Section 7.3.1.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Not yet commenced No change to status since last reporting period

Ref. 63.

Act

UK Act

Provision

Section 12 – Indemnity for health services activity: Scotland

Operation of the provision in reporting period ten (ending 31 January 2022)

The Scottish Ministers issued a direction^[19] on 7 April 2020 under existing powers (the NHS (Scotland) Act 1978) to Health Boards to indemnify staff engaged in the coronavirus response. As directions were made under existing powers in the first reporting period, the provisions around indemnity arrangements under section 12 of the UK Act have not had to be used by Health Boards in this reporting period. Professional negligence claims relating to coronavirus treatment received during the pandemic may still be under investigation or otherwise pending.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 64.

Act

UK Act

Provision

Section 16 – Duty of Local Authority to assess needs: Scotland, and section 17 – section 16: further provision

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Suspended for children’s services
Section 16 was suspended as from 30 September 2021 by the Coronavirus Act 2020 (Suspension: Children and Young Persons Social Care) (Scotland) Regulations 2021 (SSI 2021/315) Suspended for adult services. Section 16 was suspended in respect of adult services from 30 November 2020 by the Coronavirus Act 2020 (Suspension: Adult Social Care) (Scotland) Regulations 2020 (SSI 2020 377)

Ref. 65.

Act

UK Act

Provision

Section 18 and schedule 13 - Registration of deaths and still-births etc.

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation The provisions have continued to operate successfully in this reporting period, facilitating remote registration of deaths and still-births to the same standard of accuracy as in-person registration but without unnecessary exposure to coronavirus, and given the efficiency of the process, to enable Local Authorities to better address other remaining registration priorities such as birth and marriage/civil partnership.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 66.

Act

UK Act

Provision

Section 20 and schedule 14 – Review of Medical Certificate of Cause of Death and cremation: Scotland

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation
Part 1
Use of the power that was in operation for part of the first reporting period was revoked by direction^[1] on 11 May 2020.
Rather than full suspension, Ministers can choose to reduce the percentage of random reviews to be undertaken, as a temporary measure. This is by agreement and does not require legislative change. Parliament are notified via a letter to the Health and Sport Committee.
Not in operation
Part 2 Use of the powers that were in operation from 8 April 2020 to 22 July 2021 were revoked by determination on 22 July 2021.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 67.

Act

UK Act

Provision

Section 22 - Appointment of temporary Judicial Commissioners

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Suspended Section 22 was suspended from 21 April 2021 by the Coronavirus Act 2020 (Suspension: Temporary Judicial Commissioners, Urgent Warrants, and Disposal of Bodies) Regulations 2021.

Ref. 68.

Act

UK Act

Provision

Section 23 – Time limits in relation to urgent warrants under Investigatory Powers Act

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired Expired by The Coronavirus Act 2020 (Early Expiry) (No. 2) Regulations 2021 (legislation.gov.uk), with effect from 9 Dec 2021.

Ref. 69.

Act

UK Act

Provision

Sections 25 to 29 and schedule 15 – Food supply

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation These provisions were expired in July 2021, having never been brought into force.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired
Expired by The Coronavirus Act 2020 (Early Expiry) Regulations 2021 which came into force on 16 July 2021.

Ref. 70.

Act

UK Act

Provision

Sections 34 and 35 – Temporary disapplication of disclosure offences: Scotland and Power to reclassify certain disclosure requests: Scotland

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation Powers not used during reporting period

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 71.

Act

UK Act

Provision

Section 36 – Vaccination and immunisation: Scotland

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation
In the first reporting period (on 7 April 2020), Scottish Ministers made directions^[20] under section 2(5) of the National Health Service (Scotland) Act 1978, to support vaccination delivery by GP practices where they are affected by coronavirus. The provisions have continued to be in operation in this reporting period. The Scottish Ministers have since directed Health Boards to take responsibility for delivering the Influenza and COVID immunisation programmes.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 72.

Act

UK Act

Provision

Section 37 and schedule 16, Part 2 and section 38 and schedule 17, Part 2 – Temporary closure of educational institutions and childcare premises, and temporary continuity: education, training and childcare

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation
The powers under section 37 and Part 2 of schedule 16 have not been used in the reporting period.
The powers under section 38 and Part 2 of schedule 17 have not been used in the reporting period. To date, the powers under section 38 and Part 2 of schedule 17 have only been exercised in relation to local authority run schools and registered childcare settings but not in relation to other educational establishments such as FE/HE institutions or independent schools. Nevertheless, it is considered appropriate for the powers to remain in force in full. It may become necessary to issue educational continuity directions given the uncertain progress of the current pandemic. These powers would only be used where absolutely necessary and the Scottish Government continues to work closely with the education sector to mitigate any impacts arising from the pandemic.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period

Ref. 73.

Act

UK Act

Provision

Section 46 – NHS pension schemes: suspension of restrictions on return to work: Scotland

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation These provisions are providing valuable additional capacity to the NHS by allowing skilled and experienced retired NHS staff to return to work, thus supporting the NHS which continues to be under significant pressure.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period.

Ref. 74.

Act

UK Act

Provision

Section 49 and schedule 19 – Health Protection Regulations: Scotland

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation See section 7.3.2 for additional information.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period.

Ref. 75.

Act

UK Act

Provision

Section 51 and schedule 21, Part 3 – Powers relating to potentially infectious persons

Operation of the provision in reporting period ten (ending 31 January 2022)

A declaration of a serious and imminent threat to public health^[21] was made on 25 March 2020 under schedule 21, and a further clarificatory declaration^[22] was made on 30 March 2020. Although the schedule 21 powers have been “switched on” via this declaration made by the Scottish Ministers, they have not been used in the reporting period. The views and agreement of the Chief Medical Officer were formally sought and secured prior to the issuing of the declaration to switch on the schedule 21 powers, and continue to be sought as the Scottish Ministers keep the statutory declaration under review.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period.

Ref. 76.

Act

UK Act

Provision

Section 52 and schedule 22, Part 3 – Powers to issue directions relating to events, gatherings and premises

Operation of the provision in reporting period ten (ending 31 January 2022)

Not in operation The powers have been expired.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Expired Section 52 and Parts 1 (so far as it applies to Scotland) and 3 of Schedule 22 were expired on 12 December by The Coronavirus Act 2020 (Early Expiry of Provisions) (Scotland) Regulations 2021.

Ref. 77.

Act

UK Act

Provision

Section 58 and schedule 28 – Powers in relation to transportation, storage and disposal of dead bodies etc.

Operation of the provision in reporting period ten (ending 31 January 2022)

Suspended The powers have not been used in the reporting period.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Suspended
Parts 2 and 3 were suspended by The Coronavirus Act 2020 (Suspension: Disposal of Bodies) (Scotland) Regulations 2021 which came into force on 9 July 2021. Parts 1, 4 and 5 were suspended by The Coronavirus Act 2020 (Suspension: Disposal of Bodies) (Scotland) (No. 2) Regulations 2021 which came into force on 12 December 2021.

Ref. 78.

Act

UK Act

Provision

Sections 69 and 70 - Postponement of elections: Scotland

Operation of the provision in reporting period ten (ending 31 January 2022)

Section 69 – not in operation
The provision would only have been relevant if a vacancy for a Scottish Parliament constituency seat occurred during the period of the provision being in force.
Section 70 – not in operation In the eighth reporting period the provision was not in operation. The provision was used a total of 20 times to postpone 13 by-elections during it being in force.

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Spent The provisions have no effect after 6 May 2021 (date of the Scottish Parliament election), but remain on the statute book. Primary legislation is required to repeal them.

Ref. 79.

Act

UK Act

Provision

Section 75 – Financial assistance for industry (disapplication of limit under section 8 of the Industrial Development Act 1982)

Operation of the provision in reporting period ten (ending 31 January 2022)

In operation This provision has elements of both reserved and devolved competence. As set out within section 75(3) of the UK Act, there are alternative reporting requirements in place for this provision, however these only relate to designated assistance provided by the Secretary of State. It does not cover assistance provided by the Scottish Ministers or Welsh Ministers. The Scottish Government continues to consider how devolved elements of this provision might aid industry in ever changing circumstances, including as part of Covid recovery. Ministers consider it appropriate that provision which might provide a source of support should not be prematurely expired. It is therefore proportionate and appropriate that this provision remains commenced and still in force, although not operational in this period

Status at the end of reporting period ten (31 January 2022) and details of any change of status since last reporting period

Commenced and still in force No change to status since last reporting period