Publication - Progress report
Coronavirus Acts: fifth report to Scottish Parliament (February 2021)
Information on the status and operation of the provisions under Part 1 of the first and second Scottish Coronavirus Acts in this reporting period (1 December – 31 January) and the relevant provision of the UK Act.
8. Coronavirus-related Scottish Statutory Instruments
8.1. Section 14 of the second Scottish Act requires Scottish Ministers to report on all SSIs made by Scottish Ministers where the primary purposes relate to coronavirus. This does not apply to SSIs made by Scottish Ministers under the first or second Scottish Acts or the UK Act, as SSIs made under these Acts are already being reported on. Information on SSIs, to which section 14 of the second Scottish Act applies, is included in Table Five below.
| SSI title and number | Power under which SSI was made | Parliamentary procedure to which SSI was subject | Brief description of what the SSI does | Date(s) of commencement | Period for which it has effect | Status at the end of the reporting period (31 January 2021) |
|---|---|---|---|---|---|---|
| The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2020 SSI 2020/17 |
Sections 98 and 105 of the National Health Service (Scotland) Act 1978 | Negative | This instrument ensures that certain NHS services for any overseas visitor who requires diagnosis or treatment for coronavirus are provided without charge to that overseas visitor. | 30/01/2020 | Open-ended | In force No change to status since last reporting period |
| The Public Health etc. (Scotland) Act 2008 (Notifiable Disease and Notifiable Organisms) Amendment Regulations 2020 SSI 2020/51 |
Section 12(2) of the Public Health etc. (Scotland) Act 2008 | Negative | Makes SARS-CoV-2 a notifiable virus and COVID-19 a notifiable disease. | 22/02/2020 | Open-ended | In force No change to status since last reporting period |
| The Non-Domestic Rates (Coronavirus Reliefs) (Scotland) Regulations 2020 SSI 2020/101 |
Section 153 of the Local Government etc. (Scotland) Act 1994 | Negative | Introduces two reliefs in relation to Non-Domestic Rates in the financial year beginning on 01/04/2020, and makes consequential amendments to other regulations that provide a relief from liability to pay rates. | 01/04/2020 | 31/03/2021 | In force No change to status since last reporting period |
| The Council Tax Reduction (Scotland) (Amendment) (No.3) (Coronavirus) Regulations 2020 SSI 2020/108 |
Sections 80 and 113(1) and paragraph 1 of schedule 2 of the Local Government Finance Act 1992 | Negative | The purpose of these regulations is to increase the additional earnings disregard from £17.10 to £37.10. The regulation takes effect on 06/04/2020 and ceases to have effect at the end of 04/04/2021. | 06/04/2020 | 04/04/2021 | In force No change to status since last reporting period |
| The Carer's Allowance (Coronavirus) (Breaks in Care)(Scotland) Regulations 2020 SSI 2020/117 |
Sections 70(8) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992 | Negative | Relaxes the rules on breaks in caring so that breaks due to a carer or cared-for person being infected with or self-isolating due to COVID-19 do not affect carers’ entitlement to Carer’s Allowance. |
03/04/2020 | Initially 8 months from 03/04/2020 The application of regulation 2, which provides for the relaxation of the rules on breaks in care, was extended to 12/05/2021 at 2359 by regulations SSI 2020/350 – see related table entry. |
Duration of this easement was extended to 12 May 2021 at 2359 hours by SSI 2020/350 – see related table entry. |
| The Single Use Carrier Bag Charge (Scotland) Amendment Regulations 2020 SSI 2020/118 |
Sections 88 and 96(2) of the Climate Change (Scotland) Act 2009 | Affirmative | Waives the carrier bag fee in certain circumstances, such as bags being used to deliver groceries from a supermarket, for collections and for takeaways. | 02/04/2020 | Has effect until 00:01 on 03/10/2020 | Not in force No change to status since last reporting period |
| The Prisoner and Young Offenders Institutions (Scotland) Amendment Rules 2020 SSI 2020/122 |
Section 39 of the Prisons (Scotland) Act 1989 | Negative | The amendments provide Governors with flexibility in regards to compliance with timescales and the provision of services detailed in Prison Rules. | 07/04/2020 | 31/03/2021 | Partially in force- no change to status since last report – see entry for SSI 2020/264 |
| The Electricity Works (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 SSI 2020/123 |
Section 2(2) of the European Communities Act 1972, sections 36(8), 36C(2), 60(2) and (3) and paragraph 1(3) of schedule 8 of the Electricity Act 1989 | Negative | Suspends requirements for applicants to provide access to certain information at a physical location. | 24/04/2020 | Ending on the date on which Part 1 of the first Scottish Act expires | In force No change in status since last reporting period |
| The Town and Country Planning (Miscellaneous Temporary Modifications)(Coronavirus) (Scotland) Regulations 2020 SSI 2020/124 |
Section 2(2) of the European Communities Act 1972, sections 35B(5), 40, 43A(10) and (11) and 275 of the Town and Country Planning (Scotland) Act 1997 | Negative | Suspends requirements for certain public events and meetings for applicants to provide access to certain information at a physical location. | 24/04/2020 | Ending on the date on which Part 1 of the first Scottish Act expires | In force No change in status since last reporting period |
| The Education (Misc. Amendments)(Coronavirus) (Scotland) Regulations 2020 SSI 2020/128 |
Sections 28A(5) and 28D(3) of the Education (Scotland) Act 1980 and section 22 of, and paragraphs 4(3) and 6(6) of schedule 2 of the Education (Additional Support for Learning) (Scotland) Act 2004 | Negative | Extends timeframes for admissions related appeals and gives greater flexibility in how appeals can be conducted. | 23/04/2020 | Open-ended | In force No change to status since last reporting period |
| The Town and Country Planning (General Permitted Development) (Scotland) (Coronavirus) Amendment Order 2020 SSI 2020/129 |
Sections 30, 31 and 275 of the Town and Country Planning (Scotland) Act 1997 | Negative | Allows Local Authorities to carry out development for emergency purposes. | 24/04/2020 | 31/12/2021 | To be extended by SSI 2021/29 |
| The Children and Young People (Scotland) Act 2014 (Modification) (No.2) Revocation Order 2020 SSI 2020/136 |
Section 48(2) of the Children and Young People (Scotland) Act 2014 | Affirmative | This instrument revokes the increase of the mandatory amount of early learning and childcare from 600 hours to 1140 hours each year. | 30/04/2020 | Open-ended | In force No change to status since last reporting period. |
| The Homeless Persons (Unsuitable Accommodation)(Scotland) Amendment Order 2020 SSI 2020/139 |
Section 29(3) and (4) of the Housing (Scotland) Act 1987 | Negative | Extends the 2014 Unsuitable Accommodation Order to all homeless households. | 05/05/2020 | Open-ended except for Article 3 which expired on 30/09/2020 | Expired Repealed by the Homeless Persons (Unsuitable Accommodation) (Scotland) (Modification and Revocation) (Coronavirus) Order 2021 (SSI 2021/10). |
| The Education (Deemed Decisions) (Coronavirus) (Scotland) Amendment Regulations 2020 SSI 2020/149 |
Sections 28D(3)(b) and 28H(5)(b) of the Education (Scotland) Act 1980 | Negative | Amends regulations that relate to an appeal against the decision of an education authority to exclude a pupil from school, by amending the time period after which failure of the education authority to hold an appeal committee hearing becomes a deemed decision from one month to four months. | 15/05/2020 | Open-ended | In force No change to status since last reporting period |
| The Adults with Incapacity (Ethics Committee)(Coronavirus)(Scotland Amendment Regulations 2020 SSI 2020/151 |
Section 51(6) of the Adults with Incapacity (Scotland) Act 2000 | Negative | To improve capacity within, and allow some flexibilities in, working practice of the committee as a result of urgency of COVID-19 research and the subsequent amendments required to trials involving adults with incapacity in Scotland, as research continues and is finessed beyond the pandemic stage when clinician members may be require to absent themselves due to clinical duties. | 21/05/2020 | Open-ended | In force No change to status since last reporting period |
| The Marine Works & Marine Licensing (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 SSI 2020/157 |
Section 2(2) of the European Communities Act 1972, sections 23(3)(d), (4) and (5), 24(2) and 165(1) of the Marine (Scotland) Act 2010 | Negative | Replaces requirements for certain public consultation events with online events and suspends requirements for applicants to provide access to certain information at a physical location. | 21/05/2020 | Ending on the date on which Part 1 of the first Scottish Act expires | In force No change to status since last reporting period |
| The Police Act 1997 and Protection of Vulnerable Groups (Scotland) Act 2007 (Fees) (Coronavirus) Regulations 2020 SSI 2020/163 |
Sections 112(1)(b), 113A(1)(b), 113B(1)(b), 114(1)(b) and 116(1)(b) of the Police Act 1997 and sections 70(1) and (2) of the Protection of Vulnerable Groups (Scotland) Act 2007 | Negative | Qualifying sectors recruiting staff solely to respond to pandemic do not pay usual fee for a disclosure check. | 26/06/2020 | 25/03/2021 | In force The period for which this SSI has effect has been extended to 25 March 2021 by the Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 (Fees) (Coronavirus) (Amendment) Regulations 2020 (SSI 2020/376) |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 SSI 2020/169 |
Section 94(1)(b)(i) of the Public Health etc. (Scotland) Act 2008 | Made Affirmative | Introduces a requirement on international traveller arrivals into Scotland to provide data on their journey and contact details, and a requirement to self-isolate for 14 days after arrival, subject to a limited number of sectoral exemptions. | 08/06/2020 | 12 months | In force No change to status since last reporting period |
| The Health Protection (Coronavirus) (Public Health Information for Travellers to Scotland) (Scotland) Regulations 2020 SSI 2020/170 |
Section 94(1)(b)(i) of the Public Health etc. (Scotland) Act 2008 | Made Affirmative | Requires commercial carriers to provide information to travellers on applicable public health requirements in Scotland including the need to provide contact information and to self-isolate. | 08/06/2020 | 12 months | In force No change to status since last reporting period |
| The Health Protection (Coronavirus)(International Travel) (Scotland) Amendment Regulations 2020 SSI 2020/171 |
Section 94(1)(b)(i) of the Public Health etc. (Scotland) Act 2008 | Made Affirmative | Amendments on penalty provisions. | 08/06/2020 | 12 months | In force No change to status since last reporting period |
| The Land Reform (Scotland) Act 2016 (Supplementary Provision) (Coronavirus) Regulations 2020 SSI 2020/174 |
Section 127(1) of the Land Reform (Scotland) Act 2016 | Affirmative | Provides a six month extension to an Amnesty period that was due to end on 12/06/2020. | 12/06/2020 | Six month extension - expires 12/12/2020 | No longer in force as of 13 December 2020 |
| The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2020 SSI 2020/175 |
Section 39 of the Prisons (Scotland) Act 1989 | Negative | The Amendment Rules provide for the introduction of virtual visits, authorised personal communication devices and in-cell telephony in Scottish prisons. | 15/06/2020 | Open-ended | In force No change to status since last reporting period |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No.2)Regulations 2020 SSI 2020/184 |
Section 94(1)(b)(i) of the Public Health etc. (Scotland) Act 2008 | Made Affirmative | Amends some of the sectoral exemptions to provide clarity on seamen and masters. | 20/06/2020 | 12 months from 08/06/2020 | In force No change to status since last reporting period |
| The Local Government Finance (Coronavirus) (Scotland) Amendment Order 2020 SSI 2020/187 |
Paragraph 1 of schedule 12 of the Local Government Finance Act 1992 | Affirmative | Substitutes schedule 1 of the Local Government Finance (Scotland) Order 2020, which determines the amount of revenue support grant payable to each Local Authority in Scotland, in respect of the financial year 2020-2021. | 25/06/2020 | 31/03/2021 | In force No change to status since last reporting period |
| The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2020 SSI 2020/191 |
Sections 9, 12(3), 33(2), (3) and (3A), and 36(1), (2)(a) and (g) of the Legal Aid (Scotland) Act 1986 | Affirmative | Makes provision for temporary amendments to legal aid regulations (during the emergency period) to facilitate interim payments of legal aid fees, support adherence to travel restrictions and social distancing guidance, and support access to justice for appeals against special restrictions or requirement. | 01/07/2020 for Regulations 1 to 3, and 05/08/2020 for Regulation 4 | For the duration of the emergency period, defined as the period beginning on 01/07/2020 and ending on the date on which Part 9 of schedule 4 of the Coronavirus (Scotland) Act 2020 expires in accordance with section 12 of that Act | In force No change to status since last reporting period |
| The Registration of Independent Schools (Prescribed Persons)(Coronavirus) (Scotland) Amendment Regulations 2020 SSI 2020/205 |
Sections 98A(6) and 133(2D)(b) of the Education (Scotland) Act 1980 | Affirmative | Amends regulation 3 of Registration of Independent Schools (Prescribed Person) (Scotland) Regulations 2017 to extend the deadline to 01/06/2021 for those remaining teachers in independent schools to register with the General Teaching Council for Scotland. | 04/07/2020 | Open-ended | In force No change to status since last reporting period |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No.3)Regulations 2020 SSI 2020/209 |
Section 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made Affirmative | Amendments to introduce additional sectoral exemptions and exemptions from self-isolation for travellers from certain countries and territories. | 10/07/2020 | 12 months from 08/06/2020 | In force No change to status since last reporting period |
| The Land and Buildings Transaction Tax (Tax Rates and Tax Bands) (Scotland) Amendment (No.2) (Coronavirus) Order 2020 SSI 2020/215 |
Section 24(1) of the Land and Buildings Transaction Tax (Scotland) Act 2013 | Made Affirmative | Temporarily raises the nil rate band for Land and Buildings Transaction Tax (LBTT) for residential property transactions from £145,000 to £250,000. The revised rates will apply to all relevant transactions where the effective date is between 15/07/2020 and 31/03/2021 (inclusive of these dates). The rates for the Additional Dwelling Supplement and non-residential LBTT will remain unchanged. | 15/07/2020 | The end of the day of 31/03/2021 | In force No change to status since last reporting period |
| Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 4) Regulations 2020 SSI 2020/221 |
Section 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made affirmative | Added Spain to the list of exempt countries in the international travel regulations. Travellers from these countries and territories are exempt from the requirement to self-isolate for 14 days on arrival in Scotland. | 23/07/2020 | 12 months from 08/06/2020 | In force Superseded by SSI 2021/21 No change to status since the last reporting period. |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 5) Regulations 2020 SSI 2020/224 |
Section 94 of the Public Health etc. (Scotland) Act 2008 | Made Affirmative | Amended the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 to remove Spain from the list of exemptions from the requirement to self-isolate for 14 days on arrival in Scotland. | 26/07/2020 | 12 months from 08/06/2020 | In force No change to status since last reporting period |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 6) Regulations 2020 SSI 2020/229 |
Sections 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made Affirmative | To amend the principal regulations (SSI 2020/169) to add Estonia, Latvia, Slovenia, Slovakia and St Vincent and the Grenadines to the list of exempt countries and territories in the international travel regulations. Travellers from these countries and territories are exempt from the requirement to self-isolate for 14 days on arrival in Scotland. | 28/07/2020 | 12 months from 08/06/2020 | In force Superseded in respect of the addition of Estonia and Latvia by SSI 2020/404 and St Vincent and the Grenadines by SSI 2021/21 |
| The Non-Domestic Rates (Coronavirus Reliefs) (Scotland) Amendment Regulations 2020 SSI 2020/230 |
Section 153 of the Local Government etc. (Scotland) Act 1994 | Negative | Expanded the use categories of properties that qualify for the 100% rates relief introduced under the Non-Domestic Rates (Coronavirus Reliefs) (Scotland) Regulations 2020 in the financial year beginning on 01/04/2020 (retrospectively, the power to do so for the financial year 2020-21 in that financial year having been introduced by schedule 4 of the Coronavirus (Scotland) (No.2) Act 2020). Amends the Non-Domestic (Coronavirus Reliefs) (Scotland) Regulations 2020 by introducing an additional relief in relation to Non-Domestic Rates in the financial year beginning on 01/04/2020, and makes consequential amendments to other regulations that provide a relief from liability to pay rates. | 05/09/2020 | 31/03/2021 | In force No change to status since last reporting period |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No.7) Regulations 2020 SSI 2020/233 |
Sections 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made affirmative | To amend the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 to remove Luxembourg from the list of exempt countries from quarantine requirements. | 31/07/2020 | 12 months from 08/06/2020 | In force No change to status since last reporting period |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 8) Regulations 2020 SSI 2020/235 |
Section 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made affirmative | To amend the principal regulations (SSI 2020/169) to remove Andorra, Belgium and the Bahamas from, and add Brunei and Malaysia to, the list of exempt countries and territories in the international travel regulations. Travellers from these countries and territories are exempt from the requirement to self-isolate for 14 days on arrival in Scotland. | Removals came into force 08/08/2020 Additions came into force 11/08/2020 |
12 months from 08/06/2020 | In force Superseded in respect of the addition of Brunei and Malaysia by SSI 2021/21. |
| The Representation of the People (Absent Voting at Local Government Elections) (Amendment) (Coronavirus) (Scotland) Regulations 2020 SSI 2020/240 |
Sections 33 and 61(2) of the Local Electoral Administration and Registration Services (Scotland) Act 2006 | Negative | Allows individuals who may be following guidance or instructed to self-isolate due to COVID-19 to be eligible for an emergency proxy vote in local government election. | 23/09/2020 | 2 years from commencement with duty to review after one year (September 2021) | In force No change to status since last reporting period |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No.9) Regulations 2020 SSI 2020/242 |
Section 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made affirmative | To amend the principal regulations (SSI 2020/169) to remove France, Monaco, the Netherlands, Malta, Aruba, the Turks and Caicos Islands from the list of exempt countries and territories. Travellers from these countries and territories are exempt from the requirement to self-isolate for 14 days on arrival in Scotland. | 15/08/2020 | 12 months from 08/06/2020 | In force No change to status since last reporting period |
| The Direct Payments to Farmers (Controls) (Coronavirus) (Scotland) Regulations 2020 SSI 2020/244 |
Article 62 of Regulation 1306/2013 | Negative | To reduce the control rate for inspections on direct payments for the 2020 claim year. | 30/09/2020 | Scheme Year 2020 (1 January to 31 December) | In force No change to status since last reporting period Payments for the schemes run in the 2020 claim year are still being made. |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No.10) Regulations 2020 SSI 2020/252 |
Section 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made affirmative | To amend the principal regulations (SSI 2020/169) to remove Austria, Croatia, Switzerland and Trinidad & Tobago. Added Portugal to the list of exempt countries and territories in the International Travel regulations. Travellers from these countries and territories are exempt from the requirement to self-isolate for 14 days on arrival in Scotland. Amends schedule 2 exemptions for oil and gas workers, Crown servants, government contractors and officials of a foreign government bringing them into line with the provisions in England and Northern Ireland. Amends schedule 3 Specified Competitions adding the Dubai Duty Free Irish Open Golf Tournament (European Tour) and The Northern Ireland Golf Open Tournament (European Challenge Tour supported by the R&A). | 22/08/2020 | 12 months from 08/06/2020 | In force No change to status since last reporting period |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 11) Regulations 2020 SSI 2020/263 |
Section 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made affirmative | To amend the principal regulations (SSI 2020/169) to remove the Czech Republic and Jamaica from, and add Cuba to, the list of exempt countries and territories in the International Travel Regulations. Travellers from these countries and territories are exempt from the requirement to self-isolate for 14 days on arrival in Scotland. | 29/08/2020 | 12 months from 08/06/2020 | In force Superseded in relation to the addition of Cuba by SSI 2021/21. |
| The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment (No 2) Rules 2020 SSI 2020/264 |
Section 39 of the Prisons (Scotland) Act 1989 | Negative | To continue amendments made to prison rules in light of coronavirus beyond 30 September 2020. This further amended the Prison Rules so that the changes made by SSI 2020/122 have effect until 31 March 2021. |
29/09/2020 | 31/03/2021 | In force No change to status since last reporting period |
| The Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment (Coronavirus) Order 2020 SSI 2020/268 |
Section 29(3) and (4) of the Housing (Scotland) Act 1987 | Negative | To temporarily modify the Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2014 to allow temporary accommodation for reasons related to coronavirus. | 30/09/2020 | 31/01/2021 | Expired Repealed by the Homeless Persons (Unsuitable Accommodation) (Scotland) (Modification and Revocation) (Coronavirus) Order 2021 (SSI 2021/10). |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 12) Regulations 2020 SSI 2020/271 |
Section 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made affirmative | To amend the principal regulations (SSI 2020/169) to remove Greece from the list of exempt countries and territories in the International Travel regulations. Travellers from these countries and territories are exempt from the requirement to self-isolate for 14 days on arrival in Scotland. | 03/09/2020 | 12 months from 08/06/2020 | In force No change to status since last reporting period |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 13) Regulations 2020 SSI 2020/274 |
Section 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made affirmative | To amend the principal regulations (SSI 2020/169) to remove the French Polynesia and Portugal from the list of exempt countries and territories in the International Travel regulations. Travellers from these countries and territories are exempt from the requirement to self-isolate for 14 days on arrival in Scotland. Amends schedule 2 by amending the exemption for inspectors and surveyors of ships; and amends schedule 3 by substituting it with a new schedule 3A, which updates the list of specified competitions. | 05/09/2020 | 12 months from 08/06/2020 | In force No change to status since last reporting period |
| The Valuation Timetable (Disposal of Appeals and Complaints) (Coronavirus) (Scotland) Amendment Order 2020 SSI 2020/277 |
Sections 13(1) and 42(1) of the Valuation and Rating (Scotland) Act 1956 | Laid no procedure | To make the last date for the disposal by a valuation appeal committee of a valuation roll appeal, or complaint lodged with it, 31 December in the fourth year following the year of revaluation, instead of 31 December in the third year following a year of revaluation, unless another rule provides for a later disposal date. | 29/09/2020 | Open-ended | In force No change to status since last reporting period |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 14) Regulations 2020 SSI 2020/280 |
Section 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made Affirmative | To amend the principal regulations (SSI 2020/169) to remove Hungry and Reunion and add Sweden to the list of exempt countries and territories in the International Travel Regulations. Also enabled a regional approach to be taken to removals from and additions to the list of exempt countries and territories in schedule A1 replaced a reference to paragraphs 37 and 38 of schedule 1 of the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020; and a minor amendment to the definition of “specified competition” in schedule 2. | 12/09/2020 | 12 months from 08/06/2020 | In force No change to status since last reporting period |
| The Corporate Insolvency and Governance Act 2020 (Meetings of Scottish Charitable Incorporated Organisations) (Coronavirus) Regulations 2020 SSI 2020/284 |
Corporate Insolvency and Governance Act 2020, schedule 14, paragraph 2(2)(b) | Made affirmative | To extend the "relevant period" during which Scottish Charitable Incorporated Organisations (SCIOs) can hold meetings (such as AGMs) remotely to 30/12/2020. | 30/09/2020 | 30/12/2020 | Superseded by SSI 2020/421 |
| The Representation of the People (Register Publication Date)(Coronavirus)(Scotland) Regulations 2020 SSI 2020/287 |
Sections 13(1)(a) and 201(1) and (3) of the Representation of the People Act 1983 | Affirmative | Postpones the publication date of the revised electoral register from 01/12/2020 to 01/12/2021 to give electoral administrators more time to complete their canvass with reduced resources (an impact of COVID-19). | 17/09/2020 | 01/02/2021 | In force No change to status since last reporting period |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 15) Regulations 2020 SSI 2020/288 |
Section 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made Affirmative | They remove Guadeloupe and Slovenia from the list of exempt countries and territories in Part 1 of schedule A1 of the International Travel Regulations. This means that persons arriving in Scotland at or after the time these regulations come into force are no longer exempt from the movement restriction in regulation 6 of the International Travel Regulations if, during the 14 days preceding their arrival, they have departed from, or transited through, Guadeloupe or Slovenia. | 19/09/2020 | 12 months from 08/06/2020 | In force No change to status since last reporting period |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 16) Regulations 2020 SSI 2020/301 |
Sections 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made Affirmative | Amend the International Travel Regulations to remove Curacao, Denmark, Iceland and Slovakia from the list of exempt countries and territories. To update passenger information requirements. | 26/09/2020 | 12 months from 08/06/2020 | In force No change to status since last reporting period |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 17) Regulations 2020 SSI 2020/307 |
Sections 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made Affirmative | To further amend SSI 2020/169 - the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 to remove Turkey, Poland and Bonaire, Sint Eustatius and Saba from the list of exempt countries and territories in the International Travel Regulations and add Madeira and The Azores. Travellers from exempt countries and territories are exempt from the requirement to self-isolate for 14 days on arrival in Scotland. | 03/10/2020 | 12 months from 08/06/2020 | In force Superseded in respect of the addition of Madeira and the Azores by SSI 2021/19. |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 18) Regulations 2020 2020/326 |
Sections 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made Affirmative | To further amend SSI 2020/169 - the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 to remove Italy, Vatican City State and San Marino from the list of exempt countries and territories in the International Travel Regulations and add Greece excluding Mykonos. Also adds an exemption for elite sportspersons travelling to the United Kingdom for medical examinations and people accompanying them to provide necessary care and support, and amends the existing exemption for elite sportspersons so that it applies to domestic elite sportspersons who have been to non-exempt countries or territories for the purposes of training, and to multinational ancillary sportspersons. | 17/10/2020 | 12 months from 08/06/2020 | In force Superseded in respect of the additions to the list of exempt countries by SSIs 2020/378 and 2021/21 |
| The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) (Amendment) Regulations 2020 2020/328 |
Sections 94(1)(b)(i) of the Public Health etc. (Scotland) Act 2008 | Made Affirmative | To further amend The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020 to add a 4th stage at which information is to be provided to passengers and specify the information and the way in which it is to be provided. | 30/10/2020 | 12 months from 08/06/2020 | In force No change to status since last reporting period |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 19) Regulations 2020 2020/330 |
Sections 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made Affirmative | To further amend SSI 2020/169 - the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 to remove Liechtenstein from the list of exempt countries and territories in the International Travel Regulations and add The Canary Islands, Denmark, Maldives, and Mykonos. Travellers from exempt countries and territories are exempt from the requirement to self-isolate for 14 days on arrival in Scotland. To also remove booking reference from the passenger information requirements in schedule 1 and add seat number or coach number (where relevant) to same and substitute the definition of a “visiting force” with a new definition and amend the exemption for oil and gas workers (schedule 2). | 24/10/2020 | 12 months from 08/06/2020 | In force. Superseded in respect of the addition of the Canary Islands by SSI 2020/431 and the addition of the Maldives by SSI 2021/21 |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 20) Regulations 2020 2020/343 |
Sections 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made Affirmative | To further amend SSI 2020/169 - the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 to remove Lithuania and Cyprus from the list of exempt countries and territories in the International Travel Regulations. Travellers from exempt countries and territories are exempt from the requirement to self-isolate for 14 days on arrival in Scotland. To also remove competitions which have now concluded from the list of specified competitions in schedule 3A | 31/10/2020 | 12 months from 08/06/2020 | In force No change to status since last reporting period |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 21) Regulations 2020 2020/354 |
Sections 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made Affirmative | To further amend SSI 2020/169 - the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 to remove Denmark, Germany and Sweden from the list of exempt countries and territories in the International Travel Regulations. Travellers from exempt countries and territories are exempt from the requirement to self-isolate for 14 days on arrival in Scotland. | The removal of Denmark came into force on 06/11/2020 Removal of Germany and Sweden came into force on 07/11/2020 |
12 months from 08/06/2020 | In force No change to status since last reporting period |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 22) Regulations 2020 2020/358 |
Section 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made Affirmative | To further amend SSI 2020/169 - the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 to extend the requirement to stay in particular premises to members of the household of a person who has arrived in Scotland having departed from or transited through Denmark, and remove specific exemptions that apply to particular categories of person from those who have arrived from Denmark. | 07/11/2020 | 12 months from 08/06/2020 | Revoked by SSI 2020/404. |
| The Town and Country Planning (General Permitted Development) (Coronavirus) (Scotland) Amendment (No. 2) Order 2020 2020/366 |
Sections 30, 31 and 275 of the Town and Country Planning (Scotland) Act 1997 | Negative | Extends the duration of application of provisions in the emergency Town and Country Planning (General Permitted Development) (Scotland) (Coronavirus) Amendment Order 2020 which grant temporary Permitted Development Rights (PDR) for emergency development undertaken by Health Boards and Local Authorities to manage the impacts of the virus. | 30/12/20 | 01/07/21 | Superseded by SSI 2021/29 |
| The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 (Fees) (Coronavirus) (Amendment) Regulations 2020 2020/376 |
Sections 112(1)(b), 113A(1)(b), 113B(1)(b), 114(1)(b) and 116(1)(b) of the Police Act 1997 and sections 70(1) and (2) of the Protection of Vulnerable Groups (Scotland) Act 2007 | Negative | The amendment SSI will have the effect of extending the existing provisions of SSI 2020/163 for three months. This will ensure that the disclosure application fee of £0 for COVID-19 priority applications will remain on a statutory footing until 25 March 2021. | 26/12/20 | 25/03/21 | In force Extends the end date of SSI 2020/163 until 25 March 2021 |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 23) Regulations 2020 2020/378 |
Sections 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made affirmative | To further amend SSI 2020/169 - the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 to remove Greece (excluding the islands of Rhodes, Kos, Corfu, Crete and Zakynthos) and The Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus from the list of exempt countries and territories in the International Travel Regulations and add Bahrain, Cambodia, Chile, Iceland, Laos, Qatar, the United Arab Emirates and the Turks and Caicos Islands. Travellers from exempt countries and territories are exempt from the requirement to self-isolate for 14 days on arrival in Scotland. | 14/11/2020 | 12 months from 08/06/2020 | In force Superseded in respect of the additions to the list of exempt countries and territories by SSIs 2021/6, 2021/7, 2021/19 and 2021/21. |
| The Carer's Allowance (Coronavirus) (Breaks in Care) (Scotland) Amendment Regulations 2020 SSI 2020/350 |
Sections 70(8) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992 | Negative | To amend the Carer's Allowance (Coronavirus) (Breaks in Care) (Scotland) Regulations so as to extend the duration of the coronavirus easement to 12 May 2021 at 2359 hours. | 3/12/20 | 12/05/21 | In force |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 24) Regulations 2020 SSI 2020/404 |
Sections 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made affirmative | Removes Latvia and Estonia from the list of exempt countries or territories or in the international travel regulations. Adds Aruba, Bhutan, Kiribati, Micronesia, Mongolia, Samoa, Solomon Islands, Timor-Leste, Tonga, Vanuatu, Israel and Jerusalem, Namibia, Rwanda, Sri Lanka, Bonaire, Sint Eustatius and Saba, Uruguay, Northern Mariana Islands and the US Virgin Islands to the list of exempt countries or territories in the international travel regulations. Travellers from these countries and territories are exempt from the requirement to self-isolate for 14 days on arrival in Scotland. To revoke SSI 2020/358 which put in place additional measures in respect of Denmark. |
28/11/20 | 12 months from 08/06/2020 | In force Superseded in respect of the additions to the list of exempt countries by SSIs 2020/444, 2021/5, 2021/19 and 2021/21. |
| The Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment (Coronavirus) (No.2) Order 2020 2020/419 |
Section 29(3) and (4) of the Housing (Scotland) Act 1987 | Negative | To amend the Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment Order 2020 (2020/139) to take into account feedback from the Local Authority working group and other stakeholders about the drafting of the 2020/139 Order. | 31/01/2021 | Open ended | In force |
| The Corporate Insolvency and Governance Act 2020 (Meetings of Scottish Charitable Incorporated Organisations) (Coronavirus) (No.2) Regulations 2020 2020/421 |
Corporate Insolvency and Governance Act 2020, schedule 14, para 2(2)(b) | Made Affirmative | To extend a relevant period in which SCIOs can hold meetings including AGMs remotely to 30 March 2021 | 30/12/2020 | 30/12/2020 – 30/03/2021 | In force |
| The Health Protection (Coronavirus) (International Travel and Public Health Information) (Scotland) Regulations 2020 2020/431 |
Sections 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made affirmative | Removes the Canary Islands from the list of exempt countries or territories or parts of countries or territories in schedule A1, Part 1 and adds Botswana and Saudi Arabia to the list of exempt countries or territories or parts of countries or territories in schedule A1, Part 1. Reduces the quarantine period from 14 days to 10. | 11/12/2020 | 12 months from 08/06/2020 | In force Superseded in respect of the addition of Botswana by SSI 2021/5, and of Saudi Arabia by SSI 2021/21 |
| The Health Protection (Coronavirus) (International Travel and Public Health Information) (Scotland) (No. 2) Regulations 2020 2020/444 |
Sections 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made affirmative | Removes Namibia, the United States Virgin Islands and Uruguay from the list of exempt countries or territories or parts of countries or territories in schedule A1, Part 1 of the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 |
18/12/2020 | 12 months from 08/06/2020 | In force |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 25) Regulations 2020 2020/474 |
Sections 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made affirmative | Extends the requirement to stay in particular premises to members of the household of a person who has arrived in Scotland having departed from or transited through South Africa, and it removes specific exemptions that apply to particular categories of person from those who have arrived from South Africa. | 23/12/2020 | 12 months from 08/06/2020 | In force Superseded in part by amendments made by SSI 2021/5 |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment Regulations 2021 2021/5 |
Sections 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made affirmative | Removes Botswana, Israel and Jerusalem, Mauritius and Seychelles from the list of exempt countries or territories or parts of countries or territories in schedule A1, Part 1 of the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020. Creates schedule A2 for acute risk countries and territories and adds Angola, Botswana, Eswatini, Lesotho, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Zambia and Zimbabwe to that schedule. |
08/01/2021 | 12 months from 08/06/2020 | In force |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No.2) Regulations 2021 2021/6 |
Sections 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made affirmative | Removes the Emirate of Dubai from the list of exempt countries or territories in schedule A1 of the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 |
10/01/21 | 12 months from 08/06/2020 | In force |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No.3) Regulations 2021 2021/7 |
Sections 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made affirmative | Removes the United Arab Emirates from the list of exempt countries or territories in schedule A1 of the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 |
11/01/21 | 12 months from 08/06/2020 | In force |
| The Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment (Coronavirus) Order 2021 2021/10 |
Section 29(3) and (4) of the Housing (Scotland) Act 1987 | Negative | Extends coronavirus related exceptions created via The Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment Order 2020 and the Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment (Coronavirus) Order 2020, for a further 5 months, given the ongoing impact and repercussions to the housing and homelessness system of the pandemic. | 31/01/2021 | 30/06/2021 | In force |
| The Council Tax Reduction (Scotland) (Amendment) (Coronavirus) Regulations 2021 2021/12 |
Sections 80 and 113(1) and paragraph 1 of schedule 2 of the Local Government Finance Act 1992 | Negative | Amends the Council Tax Reduction Regulations to fully disregard the one-off payment of £500 to NHS and social care workers. |
To come into force 25/02/2021 | On-going once in force | Not yet in force |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No.4) Regulations 2021 2021/19 |
Sections 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made affirmative | Removes Aruba, the Azores, Bonaire, Sint Eustatius and Saba, Chile, Madeira and Qatar from the list of exempt countries or territories or parts of countries or territories in schedule A1, Part 1 of the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020, and removes the Falkland Islands from the list of exempt United Kingdom overseas territories in schedule A1 Part 2. Adds all countries in South America, Portugal, Panama and Cape Verde to the list of acute risk countries and territories in schedule A2. |
14/01/2021 | 12 months from 08/06/2020 | In force |
| The Health Protection (Coronavirus, Pre-Departure Testing and Operator Liability) (Scotland) Regulations 2021 2021/20 |
Sections 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made affirmative | Introduces a new scheme for pre-departure testing to apply to persons travelling to Scotland by placing duties on persons to obtain a negative test pre-departure underpinned by criminal offences. Provides exemptions from pre-departure testing for certain limited categories of traveller. Part 2 places related duties upon operators to ensure persons do not arrive in Scotland without a negative test result. The instrument creates criminal offences in respect of failure to comply with these duties. The instrument creates a duty on operators to ensure that persons do not arrive without a completed Passenger Locator Form and it creates a criminal offence in respect of a failure by an operator to comply with said duty. |
14/01/2021 | 12 months from 08/06/2020 [Except Part 2, which expires 08/06/22] |
In force |
| The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No.5) Regulations 2021 2021/21 |
Sections 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made affirmative | Removes all countries and territories from the list of exempt countries or territories in schedule A1 of the principal Regulation. Amends the principal Regulations to remove persons engaged in film or TV production and performing arts professionals from schedule 2 |
15/01/2021 | 12 months from 08/06/2020 | In force |
| The Health Protection (Coronavirus) (International Travel, Public Health Information and Pre-Departure Testing) (Scotland) Amendment Regulations 2021 2021/34 |
Sections 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made affirmative | Adds Democratic Republic of the Congo and Tanzania to the “acute risk countries or territories” contained in schedule A2. Reduces the amount of passenger information that people travelling to Scotland are required to provide on the Passenger Locator Form. The information operators are required to provide to passengers includes information about the requirement, under regulation 5A of the principal Regulations, to possess notification of a negative coronavirus test result. Amends Part 2 of the Pre-Departure Testing Regulations so that operators are not required to ensure that a notification of a negative coronavirus test result is from a “qualifying test”, but are instead required only to check that passengers possess a notification of a coronavirus test which includes specified information. |
21/01/2021 | 12 months from 08/06/2020 | In force |
| The Town and Country Planning (General Permitted Development) (Coronavirus) (Scotland) Amendment Order 2021 SSI 2021/29 |
Sections 30, 31 and 275 of the Town and Country Planning (Scotland) Act 1997 | Negative | Extends the duration of application of provisions in the emergency Town and Country Planning (General Permitted Development) (Scotland) (Coronavirus) Amendment Order 2020 which grant temporary Permitted Development Rights (PDR) for emergency development undertaken by Health Boards and Local Authorities to manage the impacts of the virus and would introduce PDR for similar developments by or on behalf of the Crown on Crown land. | Made 19/01/2021 To come into force 28/02/2021 |
31/12/2021 for local authority and health bodies/ 18 months from date development started on Crown land | Not yet in force |
| The Education (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2021 SSI 2021/31 |
Sections 28A(5), 28D(3), 28H(5), 56A, 56B and 56D of the Education (Scotland) Act 1980 and section 22 and paragraphs 4(3) and 6(6) of schedule 2 of the Education (Additional Support for Learning) (Scotland) Act 2004 | Negative | To amend timescales in regulations relating to placing requests and exclusion appeals procedure. Also to make non-coronavirus related amendments to the Nutritional Requirements for Food and Drink in Schools (Scotland) Regulations 2020. | To come into force 27/02/2021 | Open-ended once in force | Not yet in force |
| The Single Use Carrier Bags Charge (Coronavirus) (Scotland) Amendment Regulations 2021 SSI 2021/53 |
Sections 88 and 96(2) of the Climate Change (Scotland) Act 2009 | Affirmative | Waives the carrier bag fee in certain circumstances, such as bags being used to deliver groceries from a supermarket, for collections and for takeaways. | 29/01/2021 | Has effect until 00:01 on 31/05/2021 | In force |
| The Health Protection (Coronavirus) (International Travel, Prohibition on Travel from the United Arab Emirates) (Scotland) Amendment Regulations 2021 SSI 2021/52 |
Sections 94(1)(b) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 | Made affirmative | Adds Burundi, Rwanda and The United Arab Emirates to the list of acute risk countries and territories in schedule A2 of the International Travel Regulations. Bans the arrival of passenger flights from the United Arab Emirates. | 29/01/2021 | 12 months from 08/06/2020. No period specified in respect of ban on flights from UAE. | In force |
Contact
Email: Covid.Leg@gov.scot
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