Publication - Progress report
Coronavirus Acts: sixth report to Scottish Parliament (April 2021)
Sixth report to the Scottish Parliament on the Coronavirus Acts
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 in this reporting period.
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 expired 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 'description of provision' and 'operation of the provision in the reporting period' columns within Table One, and further information is provided at section seven.
| Table Ref. | Act | Provision | Description of provision | Operation of the provision in reporting period six (ending 31 March 2021) | Status at the end of reporting period six (31 March 2021) and details of any change of status since last reporting period |
|---|---|---|---|---|---|
| 1. | First Scottish Act | Section 2 and schedule 1 - Eviction from dwelling-houses | See section 7.1.1 | In operation Supplementary information provided – see section 7.1.1 for further information | Commenced and still in force. The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the eviction from dwelling-houses measures beyond 31 March. No change to status since last reporting period. |
| 2. | First Scottish Act | Section 3 and schedule 2 - Temporary extension of moratoria on diligence | The provisions extend the period of any new moratoria to a period of six months, and removes the limitation that only one such moratorium can be applied for in any twelve month period. | In operation Extended moratorium is available for individuals to apply. As at 28 February 2021, 1,685 applications had been granted under the new powers. | Commenced and still in force. The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the temporary extension of moratoria on diligence measures beyond 31 March. No change to status since last reporting period. |
| 3. | First Scottish Act | Section 4 and schedule 3 - Children and vulnerable adults – Part 1 – Children | See section 7.1.2 | Child protection provisions – in operation Children's hearings provisions – in operation Looked after children provisions – in operation Supplementary information provided - see section 7.1.2 for further information | Commenced and still in force: The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force and extended section 4 and schedule 3, paragraphs 1-5 and 7-10 beyond 31 March. Expired: The Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provisions) Regulations 2021 came into force on 29 March 2021 and expired paragraph 2(2) of schedule 3 on 30 March 2021. Paragraph 6 of schedule 3 was expired on 29 September 2020[8]. |
| 4. | First Scottish Act | Section 4 and schedule 3- Children and vulnerable adults – Part 2 – Vulnerable adults | See section 7.1.3 | Not in operation Paragraph 11(1) expired on 29 September 2020 and the rest of Paragraph 11 was suspended as from 30 September 2020. | No change to status since last reporting period Paragraph 11(1) - Expired The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 come into force on 30 March 2021 and extended paragraph 11(2)and (3) beyond 31 March. However, these provisions remain suspended |
| 5. | First Scottish Act | Section 5 and schedule 4, Part 1 - Courts and tribunals: conduct of business by electronic means | These provisions allow documents produced by a court or tribunal, or connected with criminal or civil proceedings, to be signed and transmitted electronically, removing the requirement for physical movement and contact. This enables documents to be sent, served and lodged by means of email or other electronic means. The provisions also provide that any participant in either criminal or civil proceedings (judge, clerk, legal representatives, parties to proceedings, accused, convicted persons, appellants and witnesses) can take part in any proceedings by way of live visual (television) or audio (telephone) link from any location. | In operation Remote hearings and electronic processes have increased across all areas of criminal and civil business. The Lord President has stated the use of written submissions, the digital transmission of documents and the use of electronic signatures have enabled swift process changes which are necessary to operate court services efficiently. The conduct of virtual courtroom trials has been piloted and criminal justice organisations are working together to develop a model for trials to be conducted virtually where appropriate. With the introduction of remote jury centres, the normal capacity of 16 trials per day for High Court evidence-led trials had been restored by November 2020 with robust public health measures and guidance in place to protect all court users, including jurors and staff. In addition, Sheriff and Jury trials are now back to pre-COVID levels through the use of remote jury centres, with eighteen Sheriff courts now running jury trials linked to these centres. On 12 March 2021 a Practice Note was issued by Sheriff Principal Derek Pyle. This set out that from May 2021 the majority of domestic abuse summary trials in Aberdeen Sheriff Court will be conducted virtually, with only the accused person and their solicitor having to be present in the court premises. Sheriff Principal Pyle noted that this initiative would improve the experience for witnesses and ensure the rights of the accused are protected during trials. It will allow up to nine trials to take place each week, which would otherwise not be able to proceed because of COVID-19 restrictions and also offers the opportunity for a national roll-out to provide much needed additional capacity. As of 8 March 2021 over 4,200 custody hearings have also been completed by remote and electronic methods. Civil business continues to operate virtually and remotely, as has been the case throughout the pandemic - almost all civil court and tribunal business is now conducted online or by telephone with all documents in civil cases lodged electronically; all new summonses signetted electronically and evidential hearings for civil cases being held remotely. In the Sheriff Appeal Court almost all civil hearings are being conducted remotely. From 13 July 2020 the All-Scotland Sheriff Personal Injury Court (ASSPIC) transitioned to a remote basis. The first ASSPIC proof hearings (for hearing evidential cases remotely) commenced in early August and since late November Scotland's Sheriff civil courts are now conducting proofs, debates, evidential and Fatal Accident Inquiry (FAI) hearings virtually using the WebEx video platform. The first blended civil proof (proof using both in person and video evidence) has taken place. Arrangements are currently being made for further blended commercial proofs in the Court of Session and work continues on plans for civil jury trial resumption both in the Court of Session and ASSPIC. | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 come into force on 30 March 2021 and extended the Courts and tribunals: conduct of business by electronic means measures beyond 31 March. No change to status since last reporting period. |
| 6. | First Scottish Act | Section 5 and schedule 4, Part 2 - Fiscal fines | The provisions enable a wider range of cases to be dealt with by fiscal fine and, thereby, mitigate the impact of coronavirus on the justice system. | In operation In accordance with the revised policy guidance issued by the Lord Advocate in relation to fiscal fines, the increase in fine amounts enables alternative action to be taken in a wider range of cases, where such action is assessed as appropriate by prosecutors. Prosecutors are directed to first consider offering a direct measure, in particular a fiscal fine, in relation to appropriate cases which would otherwise have proceeded in the Justice of the Peace court. In the period since 7 April 2020 up until 28 February 2021, 13,231 people or approximately 27% of individuals who received a first marking action for a Direct Measure were offered a fiscal fine. Since implementation of the revised scale on 7 April 2020, on average, 383 people or 3% of individuals offered a fiscal fine have been issued a fine amount above the previous scale maximum of £300. For as long as court business is affected by COVID-19, these provisions will continue to be required. COPFS will continue to monitor and review the use of the measure, which will only be used where such action is considered appropriate in the public interest. | Commenced and still in force. The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the Fiscal Fines measures beyond 31 March. No change to status since last reporting period |
| 7. | First Scottish Act | Section 5 and schedule 4, Part 3 - Cases beginning with an appearance from custody | The provisions introduce Scotland wide jurisdiction for sheriffs dealing with first appearances from police custody. This 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. The provision also enables the court to hear any continuation of a case, up until a not guilty plea is tendered, if that occurs. | In operation The provisions continue to enable 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. The provision creates the necessary flexibility to ensure the continued safe and effective operation of custody courts during the coronavirus outbreak while public health guidance remains in place 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 COVID-19 and public health measures remain in place these provisions will continue to be required. This provision enables the effective continued operation of custody court business and allows custody courts to be conducted in a way which will minimise unnecessary travel and congregation of people in accordance with public health guidance, and allow Police Scotland and the Scottish Courts and Tribunals Service to continue to operate a smaller number of centralised police custody suites and court hubs in response to the outbreak. | Commenced and still in force. The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the cases beginning with an appearance from custody measures beyond 31 March. No change to status since last reporting period |
| 8. | First Scottish Act | Section 5 and schedule 4, Part 4 - Extension of time limits | See section 7.1.4 | In operation Supplementary information provided – see section 7.1.4 for further information | Commenced and still in force. The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the extension of time limits measures beyond 31 March. No change to status since last reporting period |
| 9. | First Scottish Act | Section 5 and schedule 4, Part 5 - Evidence | The provisionsallow evidence by statement where a witness is unable to attend court because their attendance at court presents a health risk connected to coronavirus. | In operation The provisions are intended to ensure that the inability of witnesses to give evidence in court because, for example, they are self-isolating due to coronavirus, does not unnecessarily prevent criminal trials from proceeding. As such, it is likely to continue to be necessary for as long as public health guidelines around self-isolation and coronavirus remain in effect and may be especially important at a time when infection rates are high. | Commenced and still in force. The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the evidence measures beyond 31 March. No change to status since last reporting period |
| 10. | First Scottish Act | ---------------------------- Section 5 and schedule 4, Part 6 - Community orders | ----------------------------- Schedule 4, Para 12-13 extend time limits for unpaid work in Community Payback Orders (CPOs) by 12 months, and require similar time limits to be imposed in any new orders made. ----------------------------- Schedule 4, para 12(3) – regulation making power to further extend time limits ----------------------------- Schedule 4, Para 14 introduce regulation making powers to postpone requirements in CPOs or Drug Treatment and Testing Orders. ----------------------------- Schedule 4, Para 15 - introduce regulation-making powers for the Scottish Ministers to vary, or revoke requirements in CPOs or Drug Treatment and Testing Orders. | -------------------------------------------------- In operation ------------------------------------------------- Not in operation -------------------------------------------------- Not in operation. ----------------------------------------------- Schedule 4, para 15 – power to vary requirements in CPOs or Drug Treatment and Testing Orders - draft regulations to vary unpaid work and other activity requirements as part of a CPO were laid on 29 January 2021, and these were approved by Parliament on 11 March 2021 following scrutiny[9]. The Community Orders (Coronavirus) (Scotland) Regulations 2021 came into force at 5pm on Monday 15 March and vary the unpaid work or other activity requirements imposed in existing CPOs (except those imposed for domestic abuse, sexual offences, or stalking), reducing these by 35%. This is a necessary and proportionate action to reduce the overall volume of hours to be delivered and ensure that the community justice system can operate effectively. | The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the Community Orders measures beyond 31 March. ------------------------------------------ Commenced and still in force ------------------------------------------ No change since last reporting period ------------------------------------------ No change since last reporting period ----------------------------------------- Commenced and in force Regulations came into force on 15 March 2021. |
| 11. | First Scottish Act | Section 5 and schedule 4, Part 7 - Parole Board | The provisions allow parole hearings to continue and avoid postponements. They also provide the power for the Chair of the Parole Board to delegate their functions to another member of the Parole Board, should they become incapacitated for any reason. | In operation The Parole Board continue to hold hearings almostunaffected. In the period 23 March 2020 to 5 March 2021, over 99% of Tribunals/Oral Hearings scheduled have been heard successfully with only 3 of 1196 unsuccessful. | Commenced and still in force. The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the Parole Board measures beyond 31 March. No change to status since last reporting period |
| 12. | First Scottish Act | Section 5 and schedule 4, Part 8 - Release of prisoners | See section 7.1.5 | Not in operation Supplementary information provided – see section 7.1.5 for further information. | Commenced and still in force. The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the release of prisoners' measures beyond 31 March. No change to status since last reporting period |
| 13. | First Scottish Act | Section 5 and schedule 4, Part 9 - Legal Aid | The provisions allow for a reduction of the level of scrutiny required before interim payment may be made, enhanced powers of recovery in the event of overpayments resulting from interim payments, and removal of conditions for counsel to be able to apply for interim payment. | In operation Arrangements were introduced on 12 January 2021[10] in the Scottish court system to support the current lockdown, aspart of the public health response to the COVID-19, which mean there will be a significant reduction in cases proceeding. Restrictions on travel and to support social distancing also impact on businesses providing legally aided services to clients. Many providers of legal aid services will continue to experience disruption to cash flow and the provisions will support access to payment prior to a case concluding. | Commenced and still in force. The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the Legal Aid measures beyond 31 March. No change to status since last reporting period |
| 14. | First Scottish Act | Section 6 and schedule 5 – Alcohol licensing and section 7 and schedule 6, Part 1 - Licensing other than alcohol licensing | The Licensing (Scotland) Act 2005 and the Civic Government (Scotland) Act 1982 and associated statutory instruments provide the legislative framework to support licensing of activities such as the sale and supply of alcohol and taxi and private car hire. The legislative framework contains strict timescales and deadlines with little or no flexibility available to the relevant authorities. Without legislative change, the impact of the coronavirus outbreak would result in people losing their licences through no fault of their own. | In operation Licensing Boards and licensing authorities are responsible for the day to day administration of the civil licensing regimes in Scotland. Information on the operation of the civil licensing regimes and how these powers under the first Scottish Act have been used is not held centrally. Examples of licensing authorities continuing to make use of the provisions include holding virtual licence 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. | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the Alcohol licensing and Licensing other than alcohol measures beyond 31 March. No change to status since last reporting period |
| 15. | First Scottish Act | Section 7 and schedule 6, Part 2 – Freedom of Information (FOI) | See section 7.1.6 | Section 7, schedule 6, part 2, paragraph 6 - in operation Section 7, schedule 6, part 2, paragraph 7 – in operation Supplementary information provided – see section 7.1.6 for further information | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the Freedom of Information measures beyond 31 March. No change to status since last reporting period |
| 16. | First Scottish Act | Section 7 and schedule 6, Part 3 - Duties in respect of reports and other documents | The provision allows statutory reporting requirements to be postponed, and documents to be made available online instead of being made physically available. | 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 currently possible to provide physical access to documents in all circumstances. 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. | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the duties in respect of reports and other documents measures beyond 31 March. No change to status since last reporting period |
| 17. | First Scottish Act | Section 7 and schedule 6, Part 4 - Local Authority meetings | The provisions allow Local Authorities to exclude the public from Local Authority meetings on public health grounds.In addition, the requirement to provide hard copies or extracts of a document requested by a member of the public in their offices will only be provided if it is reasonably practicable and will no longer be compulsory. | In operation All 32 councils have arrangements in place for remote meetings. It is the responsibility of councils to determine for themselves the governance arrangements they put in place and it is not appropriate for the Scottish Government to intervene. A briefing prepared by the Improvement Service in October 2020 highlighted around half of councils reported or were found to be livestreaming meetings or allowing members of the public to participate (deputations etc.) in at least one meeting. Many of the councils that did not have the ability to livestream or allow the public to participate, were exploring options for doing so. At this stage, it is anticipated that these provisions will continue to be necessary until council offices can reopen to the public, without the need for physical distancing, and/or other relevant aspects of Local Authority business resumes. | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the Local Authority Meetings measures beyond 31 March. No change to status since last reporting period |
| 18. | First Scottish Act | Section 7 and schedule 6, and Part 5 - Duties under the Public Finance and Accountability (Scotland) Act 2000 | The provisions allow Scottish Ministers, by further regulation, to amend the statutory reporting deadlines of Scottish administration annual accounts. | Not in operation The provisions allow for amendment of the statutory deadlines for annual accounts as set by the Public Finance and Accountability (Scotland) Act 2000. The deadlines for such accounts is 31 December 2021. Although the powers under schedule 6, Part 5 do not currently require to be used, the provisions remain necessary overall as a contingency to ensure that during the resurgence of the virus, if for example, this is resulting in staff absences, that they could be used if required at that time. It is proportionate and appropriate that this provision remains commenced and still in force, although not operational in this reporting period. | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the duties under the Public Finance and Accountability (Scotland) Act 2000 measures beyond 31 March. No change to status since last reporting period. |
| 19. | First Scottish Act | Section 8 and schedule 7, paragraphs 1 to 5 - Social security | See section 7.1.7 | On re-determinations – Social Security Scotland has extended timescales allowed for re-determinations on 38 occasions, taking an average 38 days to complete these re-determinations. Clients are citing COVID-19 reasons or difficulties for not being able to provide evidence sooner and on these occasions Social Security Scotland are working with the client by extending and ensuring their application is determined as quickly as possible. On appeals - A small number of appeals have been accepted by the Tribunal, citing COVID-19 as a factor for accepting the late appeal. A recent tribunal appeal decision was partially allowed for Best Start Grant Early Learning Payment but not the School Age Payment where the client cited COVID-19 as their reason for the delay in applying. The Tribunal only allowed for one element of Best Start Grant as a result of the COVID-19 delay. | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended section 8 and schedule 7, paragraphs 1(b) and 5 of the Social Security measures beyond 31 March. Paragraphs 1(b) and 5 are commenced and in force Paragraphs 1(a), 2, 3 and 4 were expired on 29 September 2020[11] as they are spent provisions. No change to status since last reporting period. |
| 20. | First Scottish Act | Section 8 and schedule 7, paragraphs 6 and 7 -Irritancy clauses in commercial leases: non-payment of rent or other sums due | The provision allows for the statutory period for non-eviction of commercial tenants for non-payment of rent to be extended from 14 days to 14 weeks. | 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 to prevent evictions for non-payment of rent. Rather landlords and tenants are coming to mutually beneficial agreements on lease restructuring, Rental deferments, holidays and reductions | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the irritancy clauses in commercial leases: non-payment of rent or other sums due measures beyond 31 March. No change to status since last reporting period |
| 21. | First Scottish Act | Section 8 and schedule 7, paragraphs 8 to 10 - Duration of planning permission | The provision provides that if planning permission or planning permission in principle was to lapse during the emergency period, then the period within which development is to be commenced is extended. | 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 ScottishGovernment will continue to liaise with stakeholders as part of the ongoing review of the operation and continued necessity of these provisions. | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended these measures beyond 31 March. The emergency and extended periods are amended by SSI 2021/100[12] under powers conferred by these provisions. The emergency period will now end on 30 September 2021 and the extended period 31 March 2022. |
| 22. | First Scottish Act | Section 8 and schedule 7, paragraphs 11 to 19 – Land Registration | The provisions enable the digital submission of applications to the property registers and extend the period of protection provided by advance notices. | 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 Energy and Fair Work Committee. As per her commitment prior to commencement of the Act, and following consultation with the Law Society of Scotland, the Keeper declared the property registers fully open on 1 March 2021, which in turn ends the extended protection for advance notices. | Paragraphs 11 to 14 and 19are commenced and still in force These provisions were extended beyond 31 March by the Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021, which came into force on 30 March. The Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provisions) Regulations 2021 came into force on 29 March 2021 and expired paragraphs 15 to 18 on 30 March 2021. |
| 23. | First Scottish Act | Section 8 and schedule 7, paragraphs 20 to 22 - Anatomy Act | The provision extends the three year statutory time limit under the Anatomy Act 1984 for the retention of bodies which have been donated for anatomical research, to that of the life of the emergency legislation. This ensures that during this pandemic, licence holders are not committing an offence by possessing a body beyond the statutory three years from the date of the deceased's death. | In operation Where bodies can be disposed of within the three year period, then they should. If however for reasons of excess demand on crematoriums or lockdown complications for example, as a result of coronavirus, then bodies can be retained within the extension period until the opportunity arises at crematoriums for their safe disposal. As cremations have generally been able to proceed without issue, albeit with further advanced planning, it has been determined that this provision is no longer required. | Expired The Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provisions) Regulations 2021 came into force on 29 March and expired these provisions on 30 March 2021. |
| 24. | First Scottish Act | Section 8 and schedule 7, paragraphs 23 to 30 - Scrutiny of subordinate legislation in urgent cases | Paragraphs 23 to 30 of schedule 7 allow subordinate legislation which is subject to the affirmative procedure to be instead made under a made affirmative procedure where necessary by reason of urgency. | Not in operation The provisions have not required to be used in the reporting period. The provisions are appropriate and proportionate in the current circumstances to provide the Scottish Government and Parliament with the flexibility needed for any unexpected change in circumstances that may still arise due to the pandemic. This is particularly important now that the Parliament has moved into a campaign recess, equivalent to a normal dissolution period, ahead of the Scottish General Election to be held on 6 May 2021. The provisions would only be exercised when necessary. | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the scrutiny of subordinate legislation in urgent cases measures beyond 31. No change to status since last reporting period. |
| 25. | First Scottish Act | Section 8 and schedule 7, paragraph 31 – Business Improvement Districts | The provision extends to 31 March 2021 the duration of Business Improvement Districts (BIDs) that were due to end prior to that date, without the legal requirement to hold a ballot. | In operation The provision has supported BIDs (including Clarkston, Edinburgh West End and Dunblane) to deliver critical Covid-19 responses in partnership with their local authorities and others. The provision will cease to have any practical effect after 31 March 2021. The Scottish Government is providing much needed ongoing support to BIDs during the pandemic by providing £600,000 funding in 2021/22. This builds on over £1.85 million direct funding to BIDs since the beginning of the pandemic. It will support BIDs to manage continued risks caused by the effect of the pandemic, particularly those BIDs due to re-ballot during or after March 2021. Action has been taken to manage the risks of unsuccessful renewal ballots during or after March 2021 by provision of guidance and advice via Scotland's Towns Partnership (STP). STP is also working with BIDs on a one-to-one basis to manage the risks of unsuccessful ballots, establishing the most suitable approach for each BID, including delaying the ballot date where possible. | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the Business Improvement Districts measures beyond that date, to ensure the provision remained operative until 31 March 2021. No change to status since last reporting period, though this provision will be repealed at the next opportunity. |
| 26. | First Scottish Act | Section 8 and schedule 7, paragraphs 32 and 33 - Muirburn | The provisions ended the current Muirburn (management of moorland by burning and cutting) season early and they suspend Muirburn for the period in which the provisions are in force. In ordinary circumstances, Muirburn season runs from 1 October to 15 April inclusive in Scotland. | Not in operation As provided for by SSI 2020/260[13], which came into effect on 1 October 2020, the provision remained suspended during the reporting period until it was expired on 30 March 2021. | Expired The Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provisions) Regulations 2021 came into force on 29 March and expired paragraphs 32 and 33 on 30 March 2021. |
| 27. | Second Scottish Act | Section 2, schedule 1, Part 1 - Student residential tenancy: termination by tenant | See section 7.2.1 | In operation Supplementary information provided at 7.2.1.1 | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the student residential tenancy: termination by tenant measures beyond 31 March. No change to status since last reporting period. |
| 28. | Second Scottish Act | Section 2, schedule 1, Part 2 - Tenancies: pre-action requirements for order for possession or eviction order on ground of rent arrears | See section 7.2.2 | In operation Supplementary information provided – see section 7.2.2 for further information. | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the tenancies: pre-action requirements for order for possession or eviction order on grounds of rent arrears measures beyond 31 March. No change to status since last reporting period. |
| 29. | Second Scottish Act | Section 2, schedule 1, Part 3- Coronavirus Carer's Allowance Supplement | Paragraph 6 modifies the effect of section 81 of the Social Security (Scotland) Act 2018. This has the effect of adding an additional £230.10 to awards of Carer's Allowance Supplement for the period from 1 April 2020 to 30 September 2020. This addition is known as the Coronavirus Carer's Allowance Supplement ('CCAS'). | In operation This provision is still required for backdated payments of the Coronavirus Carer's Allowance Supplement. Some backdated payments of Carer's Allowance Supplement made in December 2020 included payments of CCAS. It is envisaged that further backdated awards including CCAS will be made as part of the next Carer's Allowance Supplement payment cycle, in June 2021, and in subsequent rounds. |
Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the Coronavirus Carer's Allowance Supplement measures beyond 31 March. No change to status since last reporting period |
| 30. | Second Scottish Act | Section 2, schedule 1, Part 4 - Social Care Staff Support Fund | 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. Paragraph 7(2) sets out what the fund is to be used for. The Scottish Ministers must use the fund to provide financial assistance to workers in the social care sector who have a restricted ability to work due to coronavirus and, as a result of that, have a reduced income and consequently are experiencing, or would experience, financial hardship while the second Scottish Act is in force. Paragraphs 7(3) to 7(7) require the Scottish Minsters to make further provision by regulations about the establishment, maintenance and administration of the fund. | In operation This Fund was extended to cover a small group of social care workers who were shielding, but were not placed on the Coronavirus Job Retention Scheme between March – October 2020. This element of the Fund closed 24 February 2021. The Social Care Staff Support Fund (Coronavirus) (Scotland) Regulations 2020 were amended by SSI 2020/469[14], which came into force on 24 December 2020, to widen the eligibility criteria for the Fund to include the social care workers and enables the Scottish Ministers to appoint different persons to manage different parts of the Fund on their behalf. | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the Social Care Staff Support Fund measures beyond 31 March. No change to status since last reporting period. |
| 31. | Second Scottish Act | Section 2, schedule 1, Part 5 – Bankruptcy | The provisions protect those in unsustainable debt by making bankruptcy more accessible, they provide that: the Minimal Asset Process (MAP) fee is reduced to £50; no fee will be payable in MAP cases for those receiving certain benefits, including when those benefits are not the applicant's sole income; the maximum debt level for MAP is increased to £25,000, and student loan debt is removed from that calculation; the Full Administration fee is reduced to £150; no fee will be payable in Full Administration cases for those receiving certain benefits, including when those benefits are not the applicant's sole income; and the minimum debt level for creditor petitions is increased to £10,000. All bankruptcy-related forms and circulars may be sent electronically. | In operation In the period between 27 May and 28 February 2021 there were 1,740 awards of bankruptcy subsequent to applications which benefitted from the reduced application fees – 1,357 (78%) of which paid no application fee at all. | Commenced and still in force The Bankruptcy (Miscellaneous Amendments) (Scotland) Regulations 2021 ("the bankruptcy regulations"), laid in draft before the Scottish Parliament on 28 January 2021, have been approved by Parliament and came into force on the 29 March 2021. The bankruptcy regulations place some of the temporary Coronavirus bankruptcy provisions on a permanent footing. There are provisions equivalent to paragraphs 9, 11, 13 and 14 of Part 5 of Schedule 1 of the Second Scottish Act. The bankruptcy regulations therefore expired paragraphs 9, 11, 13 and 14 of Part 5 of Schedule 1 of the Second Scottish Act early on 29 March 2021 (Regulation 3 of the bankruptcy regulations). The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended those remaining provisions not included in the bankruptcy regulations beyond 31 March. These provisions remain commenced and in force. |
| 32. | Second Scottish Act | Section 2, schedule 1, Part 6 – Mental health: named person nomination | The second Scottish Act temporarily removes the requirement for a nominated person to have their signature witnessed by a prescribed person when they agree to become a named person. This change applies to section 250(2A) of the Mental Health (Care and Treatment) (Scotland) Act 2003 and only affects the process for the proposed named person (nominee). There are no changes to the process for the patient (nominator). | 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 | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the Mental health: named person nomination measures beyond 31 March. No change to status since last reporting period |
| 33. | Second Scottish Act | Section 2, schedule 1, Part 7 – Care Homes | See section 7.2.3 | Not in operation Supplementary information provided – see section 7.2.3 for further information | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the Care Homes measures beyond 31 March. No change to status since last reporting period |
| 34. | Second Scottish Act | Section 2, schedule 1, Part 8 - Powers to purchase care home services and care at home providers | See section 7.2.4 | Not in operation Supplementary information provided – see section 7.2.4 for further information | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the power to purchase care home services and care at home providers measures beyond 31 March. No change to status since last reporting period |
| 35. | Second Scottish Act | Section 2, schedule 1, Part 9 - Care homes: further provisions | See section 7.2.5 | In operation Supplementary information provided – see section 7.2.5 for further information | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the care homes: further provisions measures beyond 31 March. No change to status since last reporting period |
| 36. | Second Scottish Act | Section 2, schedule 1, Part 10 – Marriage and civil partnership | See section 7.2.6 | In operation Supplementary information provided – see section 7.2.6 for further information | Suspended The Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provisions) Regulations 2021 came into force on 29 March and suspended schedule 1, part 10 on 30 March 2021. |
| 37. | Second Scottish Act | Section 3, schedule 2, Part 1 – Criminal justice - Criminal proceedings: extension of time limits | Paragraph 1 of schedule 2 makes provision to extend certain statutory time limits contained in the Criminal Procedure (Scotland) Act 1995 relating to criminal proceedings. | 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 did not need to be a large number of individual hearings to extend time limits on a case-by-case basis, placing further pressure on the courts at a time when their capacity is limited. The Lord President announced on 11 January that asa result of the increasing spread of the new variant of COVID-19 across Scotland, the criminal courts will focus on the most serious trials and the majority of summary trials in the Sheriff Court and Justice of the Peace Court would be adjourned. In doing so, theLord President was clear in setting business priorities that all criminal jury trials in the High Court and Sheriff Court must continue. | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the Criminal justice – Criminal proceedings: extension of time limits measures beyond 31 March. No change to status since last reporting period |
| 38. | Second Scottish Act | Section 3, schedule 2 and Part 1 Criminal justice - Arrangements for the custody of persons detained at police stations | The provisions under paragraph 2 of schedule 2 allow Scottish Ministers to make arrangements for the transfer and custody of prisoners in police stations in connection with appearances before the court by electronic means, and administrative functions connected with such appearances, to be performed by Prisoner Custody Officers. | In operation These provisions continue to be necessary to support the operation of vital custody hubs across Scotland. As at the end of February 2021, there are fourteen sites where Prisoner Custody Officers are facilitating the movement of detained persons for their remote appearance for court. As of 8 March 2021 over 4,200 custody hearings have been completed by remote and electronic methods. 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. | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 march 2021 and extended the Criminal justice – Arrangements for the custody of persons detained at police stations measures beyond 31 March. No change to status since last reporting period |
| 39. | Second Scottish Act | Section 3, schedule 2, Part 1 Criminal justice - Expiry of undertaking under section 25(2)(a) of the Criminal Justice (Scotland) Act 2016 | Paragraph 6 of schedule 2 makes provision which enables the court to prevent the expiry of an undertaking given under section 25(2)(a) of the Criminal Justice (Scotland) Act 2016 by changing the time at which the person who gave it is to appear at court when certain conditions are met. | In operation This provision provides the court with the power to prevent the expiry of an undertaking and any conditions attached to it by changing the time the person is due to appear at court. By preventing the expiry of undertakings in this way, the measure has allowed COPFS to review the previously extended undertaking timescales, so dates may revert back to within 28 days of liberation, and 14 days for domestic abuse cases. Retaining this provision will ensure the court continues to have the power to prevent the expiry of an undertaking and any conditions attached to it if a person fails to appear at court as required by the terms of their undertaking, the court considers that the failure to appear is attributable to a reason relating to coronavirus and it is not appropriate to grant a warrant for the person's arrest. This enables the preservation of protective conditions of undertaking that may otherwise be lost where a person fails to attend court due to coronavirus and is a key measure to preserve public and victim safety during the coronavirus outbreak, particularly in sensitive cases of domestic abuse. | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the Criminal justice – Expiry of undertaking under section 25(2)(a) of the Criminal Justice (Scotland) Act 2016 measures beyond 31 March. No change to status since last reporting period |
| 40. | Second Scottish Act | Section 3, schedule 2, Part 1 - Criminal justice – Fixed Penalty Notices under the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 | See section 7.2.7 | In operation Supplementary information provided – see section 7.2.7 for further information | Expired The Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provisions) Regulations 2021 came into force on 29 March and expired schedule 2, Part 1 on 30 March 2021. |
| 41. | Second Scottish Act | Section 3, schedule 2, Part 2 – Proceeds of Crime | Paragraph 8 inserts a new subsection (4A) in section 99 (confiscation orders: postponement) of the Proceeds of Crime Act 2002 ('the 2002 Act'). Subsection (4A) specifies that, for the purposes of section 99(4) of the 2002 Act, "exceptional circumstances" includes the effect (whether direct or indirect) of coronavirus on the proceedings. Paragraph 9 inserts section 116A to the 2002 Act and makes provision for an accused to make application to the court for a further extension of the time to pay a confiscation order where the court accepts that an accused's inability to pay has been affected (whether directly or indirectly) as a result of coronavirus, and dis-applies the payment of interest on the outstanding amount as set out at section 117 of the 2002 Act. | In operation The disruption to usual court business is expected to continue, especially given that level 4 measures currently apply to most areas in Scotland. In addition, the Lord President issued a new directive taking effect from 12 January 2021 which has again sought to prioritise only High court cases as well as priority and custody Sheriff Court cases. Application of that direction to confiscation in the Sheriff Court has been patchy resulting in a number of the confiscation cases again being administratively adjourned to later dates. 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. | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the Proceeds of Crime measures beyond 31 March. No change to status since last reporting period |
| 42. | Second Scottish Act | Section 3, schedule 2, Part 3 – Intimation, etc. of documents | Where there is provision requiring or permitting a document to be displayed on the walls (or any other part) of a court building, or to be made publicly available within a court, that is instead to be done by publication of the document on the Scottish Courts and Tribunals Service (SCTS) website. Paragraph 1A (2) and 1A (3) provides direction making powers for the Lord President - providing latitude for the courts to adjust the operation of the new rule as necessary. This could allow, for example, redaction of sensitive information to account for any issues arising from the potential publication of sensitive data on the SCTS website. | In operation The disruption to usual court access by members of the public is expected to continue. In addition the expansion of remote hearings has further reduced public attendance in court buildings. 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. Reverting to placing documents on the walls of court as a means of public display would be irreconcilable with rules for physical distancing and minimising contact. | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the Intimation of Documents measures beyond 31 March. No change to status since last reporting period |
| 43. | Second Scottish Act | Section 4, schedule 3, Part 1 – Reports, etc. under the Climate Change (Scotland) Act 2009 | Paragraph 1 of schedule 3 amends the Climate Change (Scotland) Act 2009 in relation to the dates by which; i) a Citizens Assembly on climate change is required to have completed its deliberations and reported to the Scottish Ministers and Scottish Parliament (such that if the Assembly is unable, for a reason relating to coronavirus, to report by 28 February 2021 then it must do so as soon as reasonably practicable after that date), and ii) the Scottish Ministers are required to have established – via regulations - a national Nitrogen Balance Sheet (the deadline is changed to 24 months after the relevant section of the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 came into force, which in practice means by 23 March 2022). | Not in operation (expired). | Expired as a spent provision No change to status since last reporting period |
| 44. | Second Scottish Act | Section 4, schedule 3, Part 2 – Accounts of registered social landlords | Paragraph 2 of schedule 3 amends section 70 of the Housing (Scotland) Act 2010. It dis-applies the duty, in respect of the financial year ending 31 March 2020, for Registered Social Landlords to submit audited annual accounts to the Scottish Housing Regulator within six months of the end of the period to which they relate. Instead, they must be provided within nine months of the end of the period to which they relate. | Not in operation In operation for the financial year ending 31 March 2020 only. | Expired as a spent provision No change to status since last reporting period |
| 45. | Second Scottish Act | Section 4, schedule 3, Part 3 – Accounts under the Public Finance and Accountability (Scotland) Act 2000 | This provision makes an amendment to the first Scottish Act to reflect the periods most likely to be affected by the coronavirus outbreak (i.e. financial years 2019/20 and 2020/2021), as part of the response to the accounting timetable disruption caused by the outbreak. The provision allows by further regulation amendments to the Public Finance and Accountability (Scotland) Act 2000 as it applies to accounts that are required under section 19 or 20 of that Act. | In operation | Expired as a spent provision No change to status since last reporting period. |
| 46. | Second Scottish Act | Section 4, schedule 3, Part 4 - Housing (Scotland) Act 1987: statement under section 33B | Paragraph 4 of schedule 3 amended section 33B (1) of the Housing (Scotland) Act 1987 ('the 1987 Act') to extend, by six months, the deadline for the Scottish Ministers to publish a statement on the circumstances and criteria for exercising their power, in section 33A of the 1987 Act to modify referrals between Scottish Local Authorities on the grounds of local connection. The deadline is now 18 months (by 7 May 2021) rather than 12 months after the coming into force of section 33B (1) (on 7 November 2019.) The provision also gives the Scottish Ministers the power to make regulations to further extend the period by up to an additional six months (by 7 November 2021), on a one-off basis, should this be necessary. | Not in operation (expired) The regulation making powers have not been used since the provisions came into force. | Expired as a spent provision No change to status since last reporting period |
| 47. | Second Scottish Act | Section 5, schedule 4, Part 1 - UEFA European Championship | Part 1 of schedule 4 modifies the UEFA European Championship (Scotland) Act 2020. | Not in operation (expired) | Expired as a spent provision No change to status since last reporting period |
| 48. | Second Scottish Act | Section 5, schedule 4, Part 2 - Listed buildings and conservation areas: consents | Paragraph 2 amends section 16 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (the '1997 Act') to extend the duration of a listed building consent or a conservation area consent that would otherwise lapse during the emergency period because works authorised by the consent have not begun. | 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. | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended these measures beyond 31 March. The emergency and extended periods are amended by SSI 2021/100[15] under powers conferred by these provisions. The emergency period will now end on 30 September 2021 and the extended period 31 March 2022. |
| 49. | Second Scottish Act | Section 5, schedule 4, Part 3 - Registers kept by the Keeper of the Registers of Scotland | Paragraph 3 makes provision for registration or recording in the Register of Inhibitions to proceed on the basis of electronic submission of documents and copies of documents to the Keeper of the Registers. Paragraph 4 makes provision for registration in the Register of Judgments and the issuing of documents to proceed on the basis of electronic submission to and by the Keeper of the Registers of documents and copies of documents. | 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, Energy and Fair Work Committee. | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended these measures beyond 31 March. No change to status since last reporting period |
| 50. | Second Scottish Act | Section 5, schedule 4, Part 4 - Care services: giving of notices by the Care Inspectorate | See section 7.2.8 | In operation Supplementary information provided – see section 7.2.8 for further information. | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 march 2021 and extended the Care services: giving of notices by the Care Inspectorate measures beyond 31 March. No change to status since last reporting period |
| 51. | Second Scottish Act | Section 5, schedule 4, Part 5 - Land and Buildings Transaction Tax: additional amount | The second Scottish Act extends to 36 months, for certain transactions, the period within which a previous main residence can be sold and a repayment of the Land and Buildings Transaction Tax (LBTT) Additional Dwelling Supplement (ADS) claimed. It provides a power for the Scottish Ministers to amend, by order, the period of 36 months or the period of transactions to which the Act applies, where the Scottish Ministers are satisfied that this is appropriate for a reason related to coronavirus. | Not in operation (expired) | Expired as a spent provision No change to status since last reporting period. |
| 52. | Second Scottish Act | Section 5, schedule 4, Part 6 – Non-Domestic Rates relief | Paragraph 7 amends section 153 of the Local Government etc. (Scotland) Act 1994 to allow the Scottish Ministers, during the financial year 2020/21, to make regulations prescribing rules that reduce or remit the amount payable as non-domestic rates. Those rules may reduce or remit the amount either for the whole of that year (including the period prior to the regulations being made), or for such period within that year as is specified in the regulations (including a period beginning prior to the regulations being made). Paragraph 8 provides that no Non-Domestic Rates are payable in respect of premises used wholly or mainly for production of newspapers and related news platforms. This relief applies on a daily basis, from the day after Royal Assent to the Act. The regulations that are amended provide for such relief to continue until and including 31 March 2021. | Not in operation | Expired as spent provision No change since last reporting period |
| 53. | Second Scottish Act | Section 5, schedule 4, Part 7 - Execution of documents, etc. | Paragraph 9 of schedule 4 removes the requirement for the physical presence of Scottish notaries public, solicitors and advocates in specific circumstances where an oath, affirmation or declaration is made, or where a document is executed, thus allowing for other methods for the duration of the operation of the second Scottish Act. | In operation Personal attendance to execute documents and administer oaths in person etc. remains difficult as a result of physical distancing, and these provisions require to remain in place. | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the Execution of documents, etc. measures beyond 31 March. No change to status since last reporting period |
| 54. | Second Scottish Act | Section 5, schedule 4, Part 8 – Freedom of information | Paragraph 12 requires the Scottish Ministers to lay reports before Parliament every two months on their responses to Freedom of Information (FOI) requests during the period that Part 2 of schedule 6 of the first Scottish Act is in force. Paragraph 12(2) sets out the information to be included in each report. | In operation Paragraph 12 is in operation and the Scottish Ministers laid their fourth report to Parliament[16] on 9 February – covering the period 27 November to 26 January. The fifth report will be published in April and will be laid before the Parliament at the first opportunity once it reconvenes following the Scottish Parliamentary election. | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the Freedom of Information measures beyond 31 March. No change to status since last reporting period |
| 55. | Second Scottish Act | Section 5, schedule 4, Part 9 - Low emission zones | Paragraph 13 places a requirement on the Scottish Ministers to lay a report before the Scottish Parliament by 4 December 2020 on progress towards establishing low emission zones under Part 2 of the Transport (Scotland) Act 2019. | Report was laid in theScottish Parliament thus meeting the 4 December 2020 deadline. | Expired The Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provisions) Regulations 2021 came into force on 29 March and expired schedule 4, Part 9 on 30 March 2021 as it is now a spent provision. |
| 56. | Second Scottish Act | Section 5, schedule 4, Part 10 - Council Tax: exempt dwellings | Paragraph 14 creates an exemption from paying Council Tax for those properties that were occupied by one of the groups of individuals listed at paragraphs 10 and 12 of schedule 1 of the Council Tax (Exempt Dwellings) (Scotland) Order 1997, and which are unoccupied on or after 17 March 2020 for a reason relating to coronavirus. This exemption applies until the property is occupied or the second Scottish Act ceases to be in force. | There is no central data collected on the extent of use of this provision, and there are no plans to collate information of this nature. The provision is proportionate and the status at this time of commenced and still in force is appropriate, especially since, as a result of the pandemic, a significant number of student accommodation properties will continue to remain empty with landlords receiving no income. This measure therefore provides support to those businesses that rely on students renting their properties during term time. | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the Council Tax: exempt dwellings measures beyond 31 March. No change to status since last reporting period |
| 57. | Second Scottish Act | Section 5, schedule 4, Part 11 - Traffic Regulation | Paragraph 15 of schedule 4 has the effect of extending the maximum duration of Temporary Traffic Regulation Orders (TTROs) made under section 14 of the Road Traffic Act 1984 (the '1984 Act') which can restrict or prohibit the use of certain types of roads, from 6 months to 18 months. Those roads are existing footpath, bridleway, cycle track or byway open to all vehicles. The maximum duration of TTROs on all other roads is unchanged and remains 18 months (see section 15(1) (b) of the 1984 Act). It also substitutes a reference to the 6 month time limit with a reference to 18 months in section 15(3) of the 1984 Act which deals with the power of the national authority (the Scottish Ministers) to direct that a TTRO may continue in force for a further period. | In operation The effect of this provision was to allow local authorities to make temporary traffic regulation orders regulating the use of routes that are mainly used by pedestrians, cyclists and persons on horse, for a period of up to 12 months longer than previously permitted. There have been no known uses of this provision, and there is no expectation that it will be used in the future. The provision was therefore unnecessary and was expired on 30 March 2021. | Expired The Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provisions) Regulations 2021 came into force on 29 March and expired, schedule 4, Part 11 on 30 March 2021. |
| 58. | Second Scottish Act | Section 5, schedule 4, Part 12 - Restriction on giving grant to businesses connected to tax havens | Schedule 4, Part 12 introduces new conditions in relation to tax havens that must be met before the Scottish Ministers, or any public body administering grants on their behalf, may make a coronavirus-related grant to a company. The Scottish Ministers are required to take steps to satisfy themselves that the conditions are met. A coronavirus-related grant may not be made if the conditions are not met and if, after a grant has been made, it is established that the conditions were not in fact met, the grant will be immediately repayable by the grantee. The conditions that must be met are that the grantee company must not be based in a tax haven, the subsidiary of a company based in a tax haven, the parent company of a subsidiary based in a tax haven nor party to an arrangement under which any of its profits are subject to the tax regime of a tax haven. | In operation List of tax havens has not been amended since last reporting period. The list was last updated on 6 October 2020, when Anguilla and Barbados were added to the list, and Cayman Islands and Oman were removed. | Commenced and still in force The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 came into force on 30 March 2021 and extended the restriction on giving grant to businesses connected to tax havens measures beyond 31 March. No change to status since last reporting period. |
| 59. | UK Act | Section 2 - Emergency registration of nurses and other healthcare professionals | Section 2 introduces schedule 1 which modifies the Nursing and Midwifery Order 2001, and the Health Professions Order 2001, to permit the independent statutory regulators, the Nursing and Midwifery Council (NMC) and the Health and Care Professions Council (HCPC) to add people they consider to be "fit and proper and suitably experienced" to an emergency temporary professional register for the duration of a public health emergency as declared by the Secretary of State. | In operation Both temporary registers under the UK Act have been in operation continuously since the onset of the pandemic. They are still required to bolster capacity in responding to the resurgence of new variants of the coronavirus while standing up normal services. The Health and Social Care Directorates Workforce Directorate has worked with the regulators with temporary registers (both under the Act and under their own legislation) to maximise the uptake of available posts in the Health Boards. | Commenced and still in force No change to status since last reporting period. |
| 60. | UK Act | Section 4 and schedule 3 – Emergency arrangements concerning medical practitioners: Scotland | Section 4 introduces schedule 3 which makes temporary modifications to the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 and creates a limited exception to the requirement that NHS GPs must be accepted on a register with their local Health Board (called a "performers list") before beginning to practice in any GP surgery which provides NHS care in that Health Board's area. | 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 extent of the use of the powers in the reporting period. The provisions continue to be required due to the continuous risk that Health Boards will be subject to staff shortages which could delay the standard processes around the performers list. Powers to further modify the application process by regulations have not been used. | Commenced and still in force No change to status since last reporting period |
| 61. | UK Act | Section 7 and schedule 6 - Temporary registration of social workers: Scotland | The provision increases the available social work workforce during the pandemic by inviting those on a career break, recently retired and final year students to join the register and return to/join frontline services. | In operation A direction was made by Scottish Ministers on 30 March 2020 (under section 46C(1) of the Regulation of Care (Scotland) Act 2001) - directing the Scottish Social Services Council to consider applications for registration as a temporary social worker in accordance with section 46D of the Regulation of Care (Scotland) Act 2001. The temporary social work register has been established and over 200 registrants are 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. | Commenced and still in force No change in status since last reporting period |
| 62. | UK Act | Section 10 and schedule 9 - Temporary modification of mental health legislation | See section 7.3.1 | Not in operation Supplementary information provided – see section 7.3.1 for further information | Not yet commenced No change to status since last reporting period |
| 63. | UK Act | Section 12 - Indemnity for health services activity: Scotland | The provision grants Scottish Ministers the discretionary power to make indemnity arrangements for any person who is working within the NHS in Scotland, where the indemnity relates to coronavirus. | Not in operation Scottish Ministers issued a direction[17] 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. | Commenced and still in force No change to status since last reporting period. |
| 64. | UK Act | Section 16 - Duty of Local Authority to assess needs: Scotland, and section 17 – section 16: further provision | See section 7.3.2 | Supplementary information provided – see section 7.3.2 for further information | Commenced Still in force for children's services. Suspended for adult services. Section 16 was suspended in respect of adult services from 30 November by the Coronavirus Act 2020 (Suspension: Adult Social Care) (Scotland) Regulations 2020 (SSI 2020/377). No change to status since last reporting period. |
| 65. | UK Act | Section 18 and schedule 13 - Registration of deaths and still-births etc. | Section 18 introduces schedule 13 which contains temporary modifications relating to the registration of deaths and still-births across the UK. Part 2 of schedule 13 relates to Scotland. | 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. | Commenced and still in force No change to status since last reporting period |
| 66. | UK Act | Section 20 and schedule 14 – Review of Medical Certificate of Cause of Death and cremation: Scotland | Provisions under Part 1 enable Scottish Ministers to suspend the review of randomly selected Medical Certificates of Cause of Death by the Death Certification Review Service (DCRS) and pause interested persons reviews under the Certification of Death (Scotland) Act 2011. Provisions under Part 2 give Scottish Ministers the power to dis-apply the offence under section 49 of the Burial and Cremation (Scotland) Act 2016, insofar as it relates to the signing of an application for cremation. It also enables Scottish Ministers to suspend sections 53-55 of the Burial and Cremation (Scotland) Act 2016 and relevant associated provisions of the Cremation (Scotland) Regulations 2019. | Part 1 – not in operation. Use of the power that was in operation for part of the first reporting period was revoked by direction[18] on 11 May 2020. Although the power has not been used in the reporting period, the provision is judged to continue to be necessary in order to ensure that the option to suspend again is available, should this be required. 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 Part 2 – in operation. In the first reporting period, Scottish Ministers made two determinations[19] (on 8 April 2020) which suspended certain provisions within the Burial and Cremation (Scotland) Act 2016 and the Cremation (Scotland) Regulations 2019. There has been no change to status since last reporting period. | Commenced and still in force No change to status since last reporting period |
| 67. | UK Act | Section 22 - Appointment of temporary Judicial Commissioners | The provision relates to the appointment of Judicial Commissioners under the Investigatory Powers Act 2016. Judicial Commissioners are appointed by the Prime Minister, following consultation with Scottish Ministers. The purpose of this provision is to allow the Secretary of State to make regulations allowing the Investigatory Powers Commissioner to appoint temporary commissioners for a 6 month period, renewable to 12 months. | In operation The Investigatory Powers (Temporary Judicial Commissioners and Modification of Time Limits) Regulations 2020 (SI 2020/360), made under the power in this section, which came into force on 27 March 2020, expired on 27 March 2021. The appointment of Temporary Judicial Commissioners has ensured that warrants needed by intelligence and law enforcement agencies continued to be considered. The temporary judicial commissioners are no longer in post, and the regulations expired during this sixth reporting period. No further regulations are planned at this time but retaining the ability to make further regulations, should it be necessary in future, is sensible and appropriate. Therefore, the Cabinet Secretary for Justice has agreed to the suspension of these provisions on a UK wide basis in order that, should further regulations be required under these provisions, then the section can be revived quickly. The Scottish Ministers are content that it remains appropriate for these provisions to continue to be in force during this reporting period until a UK wide SI suspending them has been laid and comes into force. | Commenced and still in force No change to status since last reporting period |
| 68. | UK Act | Section 23 - Time limits in relation to urgent warrants under Investigatory Powers Act | The provision relates to time period for urgent warrants under the Investigatory Powers Act 2016 and gives the Secretary of State the power to make provision by regulations which extend the time periods applying to urgent warrants, should this be necessary given the impact that coronavirus is having, or is likely to have on the capacity of Judicial Commissioners to carry out their functions. | In operation The Investigatory Powers (Temporary Judicial Commissioners and Modification of Time Limits) Regulations 2020 (SI 2020/360), made under the power in this section, which came into force on 27 March 2020, expired on 27 March 2021. The appointment of temporary Judicial Commissioners provided the independent Investigatory Powers Commissioner with resilience against the risk that their existing cohort of Judicial Commissioners may not be available as a result of the pandemic. While no further regulations are planned at this time, retaining the ability to make further regulations, should it be necessary in future, is sensible and appropriate. Therefore, the Cabinet Secretary for Justice has agreed to the suspension of these provisions on a UK wide basis in order that, should further regulations be required under these provisions, then the section can be revived quickly. The Scottish Ministers are content that it remains appropriate for these provisions to continue to be in force during this reporting period until a UK wide SI suspending them has been laid and comes into force. | Commenced and still in force No change to status since last reporting period |
| 69. | UK Act | Sections 25 to 29 and schedule 15 - Food supply | These provisions empower Scottish Ministers, by regulation, to require those involved in a food supply chain to provide information to help determine whether there is disruption (or risk thereof) to the supply chain. The provisions also provide enforcement powers and impose restrictions on the use of information. | Not in operation Industry has been very collaborative in sharing data and information throughout the Covid-19 response and so it has been decided that there is not enough evidence that the provisions remain proportionate to the current risk. The Cabinet Secretary for Rural Economy & Tourism has agreed to the early expiry of these provisions on a UK wide basis. The Scottish Ministers are content that it remains appropriate for these provisions to continue to be held in reserve during this reporting period until a UK wide SI expiring them has been laid and comes into force. | Not yet commenced No change to status since last reporting period |
| 70. | UK Act | Sections 34 and 35 - Temporary disapplication of disclosure offences: Scotland and Power to reclassify certain disclosure requests: Scotland | See section 7.3.3 | Not in operation Supplementary information provided – section 7.3.3 for further information | Commenced and still in force No change to status since last reporting period |
| 71. | UK Act | Section 36 - Vaccination and immunisation: Scotland | The provisions amend section 40 of the National Health Service (Scotland) Act 1978. The requirement in that section, that vaccinations and immunisations be administered by medical practitioners or persons acting under their direction and control, is removed. | 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. | Commenced and still in force No change to status since last reporting period |
| 72. | UK Act | Section 37 and Part 2 of schedule 16 and section 38 and Part 2 of schedule 17 - temporary closure of educational institutions and childcare premises, and temporary continuity: education, training and childcare | See section 7.3.4 | In operation Three directions have been issued during the reporting period – see 7.3.4.1 below | Commenced and still in force No change to status since last reporting period |
| 73. | UK Act | Section 46 - NHS pension schemes: suspension of restrictions on return to work: Scotland | The provision suspends pension scheme rules which prevent retired NHS staff from returning to work for more than 16 hours per week and require that some staff's pensions are abated upon return to work. It also suspends the requirement that NHS staff reduce their pay by 10% if they elect to 'draw down' their benefits and continue working. | In operation The suspension of pension scheme rules has allowed former NHS staff to return to frontline NHS roles, including supporting the vaccination programme, adding vital capacity to the NHS workforce. The measures allow skilled and experienced staff who have recently retired from the NHS to return to work, and they have also allowed retired staff who have already returned to work to increase their commitments if required, without having their pension benefits suspended. | Commenced and still in force No change to status since last reporting period |
| 74. | UK Act | Section 49 and schedule 19 - Health Protection Regulations: Scotland | See section 7.3.5 | In operation Supplementary information provided – see section 7.3.5for further information | Commenced and still in force No change to status since last reporting period |
| 75. | UK Act | Section 51 and Part 3 of schedule 21 - Powers relating to potentially infectious persons | See section 7.3.6 | Schedule 21 powers were "switched on" by way of statutory declaration in March 2020, however the powers have not been used in this reporting period. Supplementary information provided – see section 7.3.6 for further information | Commenced and still in force No change to status since last reporting period |
| 76. | UK Act | Section 52 and Part 3 of schedule 22 - Powers to issue directions relating to events, gatherings and premises | See section 7.3.7 | Schedule 22 powers were "switched on" by way of statutory declaration in March 2020, however the powers have not been used in this reporting period. Supplementary information provided – see section 7.3.7 for further information | Commenced and still in force No change since last reporting period |
| 77. | UK Act | Section 58 and schedule 28 – Powers in relation to transportation, storage and disposal of dead bodies etc. | Section 58 and schedule 28 contain powers relating to the transportation, storage and disposal of dead bodies and other human remains. If advice indicates that the number of people who might die from coronavirus is likely to significantly exceed the capacity to locally or nationally manage the deceased, designated Local Authorities and Scottish Ministers have the ability to take control of a component or components of the death management process. | Not in operation Although the powers have not been used in the reporting period, the provision is judged to continue to be necessary in order to ensure that the powers can be used in future if needed and in particular to ensure the ability to respond to particular pressures in a specific Local Authority area should these emerge at any point. With the continued uncertainty around the virus, the provisions should continue to be available. The Scottish Government has discussed this with the Society of Local Authority Chief Executives (SOLACE) and it has endorsed the Government's approach. | Commenced and still in force No change since last reporting period |
| 78. | UK Act | Sections 69 and 70 - Postponement of elections: Scotland | The provisions enable Returning Officers and the Presiding Officer to respectively postpone local government by-elections and by-elections for constituency seats to the Scottish Parliament. | Section 69 – not in operation The provision will only be relevant if a vacancy for a Scottish Parliament constituency seat occurs, following the May 2021 poll, during the period of the provision being in force. Section 70 – in operation In the sixth reporting period the provision was not used. The provision has been used a total of 20 times to postpone 13 by-elections. | Commenced and still in force No change to the status since last reporting period |
| 79. | UK Act | Section 75 - Financial assistance for industry (disapplication of limit under section 8 of the Industrial Development Act 1982) | This provision provides that financial assistance provided under section 8 of the Industrial Development Act 1982 is not to count towards the limits set out in the subsection of section 8, if the assistance has been given in relation to the coronavirus. | 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. As it applies to Scotland, the power has been in operation during the reporting period, with funding being paid in relation to an independent financial review of the impact of COVID-19 restrictions on Scottish snow sports centres. 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. | Commenced and still in force No change to status since last reporting period |
Contact
Email: alex.mowat@gov.scot
There is a problem
Thanks for your feedback