Coronavirus Acts: third report to Scottish Parliament (October 2020)
Third two-monthly report to Scottish Parliament on the use of the powers contained within the Coronavirus Act 2020, Coronavirus (Scotland) Act 2020 and Coronavirus (Scotland) (No.2) Act 2020 covering the reporting period up to 30 September 2020.
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 paragraphs of provisions which have been expired or suspended in this reporting period.
6.3. Where it is indicated in Table One that paragraphs have been expired as they are 'spent provisions', this means that the paragraphs have made amendments to other legislation and therefore the paragraphs 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 paragraphs will not affect the amendments they have made to other legislation. The effect of the expiry is simply to remove the 'spent' paragraphs in each of the Scottish Acts.
6.4. The purpose of the expiry of such paragraphs, even though this does not affect the amendments to other legislation made by those provisions, is to respect the commitment given by Ministers to seek to expire paragraphs as soon as is appropriate.
6.5. It was considered appropriate to expire these paragraphs as they are considered to no longer be needed and this will aid clarity in the statute book.
6.6. As outlined above, our reporting approach 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.
| Act | Provision | Description of provision | Operation of the provision in reporting period three (ending 30 Sept) | Status at end of reporting period three (30 Sept) and details of any change to status since last reporting period |
|---|---|---|---|---|
| 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 Regulation making powers used in this reporting period |
| First Scottish Act | Section 3 and schedule 2 - Temporary extension of moratoriums 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 31 August 2020, 423 applications for moratoria had been granted under the new powers. |
Commenced and still in force No change to status since last reporting period |
| 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 |
Section 4 and schedule 3, Part 1 Paragraphs 1-5 and 7-10 - commenced and still in force Paragraph 6 - expired Since the last reporting period paragraph 6 has been expired |
| First Scottish Act | Section 4 and schedule 3- Children and vulnerable adults – Part 2 – Vulnerable adults | See section 7.1.3 | Section 11(1) – not in operation Sections 11(2) and 11(3) – in operation during the reporting period but suspended as of 30 September Supplementary information provided – see section 7.1.3 for further information |
Section 4 and schedule 3, Part 2 Paragraph 11(1) - expired Paragraph 11(2) and (3) - suspended Since the last reporting period paragraph 11(1) has been expired and paragraph 11(2) and (3) has been suspended |
| 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. For civil, they are now the default position: evidential hearings for civil cases are underway; all documents in civil cases lodged electronically; all civil hearings in the Sheriff Appeal Court conducted remotely; lodging motions by email in the Sheriff Appeal Court; and from 13 July 2020 the All -Scotland Sheriff Personal Injury Court transitioned to a remote basis. 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. In High Court and Sheriff and Jury cases, the use of jury centres will enable the conduct of trials by jury while physical distancing requirements remain in force. 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. |
Commenced and still in force No change to status since last reporting period |
| 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. The use of fiscal fines under this provision will continue to be monitored by the Crown Office and Procurator Fiscal Service (COPFS). The monitoring will include the numbers of fiscal fines and their levels. Due to the statutory framework, and the timescales involved in administering and processing fiscal fines, the impact of the changed fiscal fine scale cannot be fully confirmed at this stage. |
Commenced and still in force No change to status since last reporting period |
| 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. |
Commenced and still in force No change to status since last reporting period |
| 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 No change to status since last reporting period |
| First Scottish Act | Section 5 and schedule 4, Part 5 - Evidence | The provisions allow 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 However, given that there have been only a very small number of jury trials (they only re-commenced in mid-July) and these provisions are likely to be used mainly in respect of summary trials, it is expected their use has been limited. It is likely that as solemn court business re-commences there will be a greater need for this provision. 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. |
Commenced and still in force No change to status since last reporting period |
| First Scottish Act | Section 5 and schedule 4, Part 6 - Community orders | The provisions 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. The provisions introduce regulation-making powers for the Scottish Ministers to postpone, vary, or revoke requirements in CPOs or Drug Treatment and Testing Orders. |
Schedule 4, paragraphs 12 and 13 - extension of time limits for unpaid work and requirements around time limits for new orders – in operation Schedule 4, paragraphs 14 and 15 - powers to postpone, vary, or revoke requirements in CPOs or Drug Treatment and Testing Orders, which need to be made under the affirmative procedure – not in operation The delegated powers relating to those provisions have not been used to date. Equality and human rights impacts were considered before the commencement of these provisions with the conclusion that adverse impacts on equality or on individual human rights are not anticipated as a result of these provisions. |
Commenced and still in force No change to status since last reporting period |
| 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 Parole hearings and casework meetings have continued and during the period 23 March to 11 September 2020:
|
Commenced and still in force No change to status since last reporting period |
| 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 No change to status since last reporting period |
| 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 A substantial backlog in the court system has resulted from suspension of court business during lockdown. The legal profession will continue to require to draw down interim fees to assist with cashflow in these circumstances. The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2020[18] (SSI 220/191), partially commenced on 1 July 2020 and fully commenced on 5 August 2020 to further support these provisions. |
Commenced and still in force No change to status since last reporting period |
| 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 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 No change to status since last reporting period |
| 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, but has not yet been exercised 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 No change to status since last reporting period |
| 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 No change to status since last reporting period |
| 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 operation The vast majority of Local Authority meetings being held are being conducted remotely. It is the responsibility of Local Authorities to determine for themselves the governance arrangements they put in place and the Scottish Government has no locus in this decision. However, in the interests of openness, democracy and transparency, the Scottish Government expects and has encouraged Local Authorities to make every effort to reintroduce decision-making structures using technology which also enables the public to view the proceedings online where appropriate. The Scottish Government has liaised with the Improvement Service which has agreed to seek clarity from Local Authorities on the extent of the use of this provision as part of a wider briefing it is preparing on Political Governance Arrangements of councils. This briefing is expected to be available in the autumn. At this stage, it is anticipated that this provision will continue to be necessary until council offices can reopen to the public and/or other relevant aspects of Local Authority business resumes. |
Commenced and still in force No change to status since last reporting period |
| 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 2020 this year, and 31 December 2021 next year. 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 if there were a resurgence of the virus, for example, 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 No change to status since last reporting period |
| First Scottish Act | Section 8 and schedule 7, paragraphs 1 to 5 - Social security | See section 7.1.7 | In operation These provisions were in operation during the reporting period and paragraphs 1(a), 2, 3 and 4 were expired on 29 September 2020. Paragraphs 1(a), 2, 3 and 4 made textual amendments to the Social Security (Scotland) Act 2018, without limit of time. They are already 'spent' and their expiry will have no impact on the relaxation of timescales for individuals to apply for certain forms of assistance, and to request a redetermination or appeal, when the delay is related to coronavirus-related disruption. The relaxation will continue to benefit individuals whilst there is coronavirus-related disruption. Supplementary information provided – see section 7.1.7 for further information. |
Section 8 and schedule 7 Paragraphs 1(b) and 5 - commenced and still in force Paragraphs 1(a),2,3 and 4 - expired Since the last reporting period paragraphs 1(a), 2, 3 and 4 have been expired |
| 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. | In operation The measure came into force 7 April 2020 and as such, the first date an eviction could take place was 14 July 2020. These provisions are to give the parties to a commercial lease sufficient time to come to an agreement as to any restructuring of the lease in the light of the effect of coronavirus. On 19 June 2020, the Ministry of Housing, Communities and Local Government (MHCLG) issued a UK-wide Code of Practice which provides guidance on a voluntary basis as to relationships between landlords and tenants. Since this date, the anti-irritancy provision has worked in conjunction with the UK-wide Code of Practice with positive feedback from many stakeholders. Landlords can still evict tenants for non-payment of rent in Scotland after the requisite 14 week period which is considered to be a more balanced approach than that adopted in England and Wales where the moratorium on forfeiture procedures is absolute. This has recently (16 September 2020) been extended to 31 December 2020. |
Commenced and still in force No change to status since last reporting period |
| 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 Given the aim of reducing undue burdens, it would be disproportionate to request authorities or applicants to report on the individual uses of these powers. Although construction sites are permitted to reopen, that has happened recently and it may take some time to become fully operational, including dealing with any 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 No change to status since last reporting period |
| 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 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. The Keeper has agreed to consult with the Law Society of Scotland prior to declaring the property registers fully reopen, which in turn will end the extended protection for advance notices. |
Commenced and still in force No change to status since last reporting period |
| 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 after anatomical examination has concluded to that of the life of the emergency legislation. This ensures that during this pandemic, licence holders are not committing an offence by retaining a body beyond the statutory three years. | 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. |
Commenced and still in force No change to status since last reporting period |
| 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. The provisions would only be exercised when necessary. |
Commenced and still in force No change to status since last reporting period |
| First Scottish Act | Section 8 and schedule 7, paragraph 31 – Business Improvement Districts | The provision extends the duration of Business Improvement Districts (BIDs) that are due to end in the coming months or have recently ended, without the legal requirement to hold a ballot. | In operation | Commenced and still in force No change to status since last reporting period |
| 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. | In operation The provisions were in operation during this reporting period. The Coronavirus (Scotland) Act 2020 (Suspension: Muirburn) Regulations 2020 were laid in Parliament on 28 August 2020, and are due to come into force on 1 October 2020. The regulations, when in force, suspend section 8 and schedule 7, paragraphs 32 and 33. |
Commenced and still in force No change to status since last reporting period |
| 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 – see section 7.2.1 for further information |
Commenced and still in force No change to status since last reporting period |
| 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 No change to status since last reporting period |
| Second Scottish Act | Section 2, schedule 1, Part 3- Coronavirus Carer's Allowance Supplement | Paragraph 6 amends 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. | In operation While this is a one off payment made to the majority of recipients in June 2020, some backdated payments will be made in December 2020, and potentially future dates, to people with backdated claims of Carer's Allowance, which is the qualifying benefit for the Coronavirus Supplement. The provisions therefore continue to be necessary and the expiry date has been extended to 31 March 2021 as part of the extension regulations, to allow for payments on backdated claims. |
Commenced and still in force No change to status since last reporting period |
| 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 The Social Care Staff Support Fund (Coronavirus) (Scotland) Regulations 2020[19] (SSI 2020/188) commenced on 24 June 2020. These regulations were made in exercise of the powers conferred by sections 2 and 7, and paragraph 7(3) of schedule 1, of the second Scottish Act. The Scottish Government has commissioned feedback from social care provider representative organisations which will provide an indication of how many social care workers have been supported by this provision. This information will be available for inclusion in the fourth two-monthly report to Parliament which will be due after the reporting period ends on 30 November 2020. The Scottish Government is currently working with Integration Joint Board Chief Finance Officers to develop better financial reporting information around support provided to social care providers. This includes use of the Social Care Staff Support Fund. It should be noted that due to the cross-over between financial support provided, there are limitations to the level of detail that can be provided. However, the sustainability payment principles agreed with COSLA ensure that it is simpler for social care providers to access appropriate funding and reduces the risk of duplication of support. |
Commenced and still in force No change to status since last reporting period |
| 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 31 August, there were 612 new applications for bankruptcy which benefitted from the reduced application fee – 474 of which paid no application fee at all. |
Commenced and still in force No change to status since last reporting period |
| 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 The purpose of a named person is one of safeguarding which not only allows for the patient to be represented, it also helps the patient exercise their rights. This temporary amendment was introduced in order to reduce delays in securing the validity of named persons nominations and therefore reduces any disruption for the Mental Health Tribunal Scotland (MHTS) which is responsible for determining whether a person should be detained. All patient safeguards have remained as there are no changes to the process for the patient. |
Commenced and still in force No change to status since last reporting period |
| 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 No change to status since last reporting period |
| 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 No change to status since last reporting period |
| 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 No change to status since last reporting period |
| 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 |
Commenced and still in force No change to status since last reporting period |
| 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. |
Commenced and still in force No change to status since last reporting period |
| 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 | Commenced and still in force No change to status since last reporting period |
| 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. This provision remains a key measure to preserve public and victim safety during the coronavirus outbreak. Data on incidents of domestic abuse for April-July 2020 highlights the continued importance of the provisions in order to preserve victim safety, particularly in sensitive cases of domestic abuse while self-isolation guidance for people infected with, or living with people infected with coronavirus remains in place. |
Commenced and still in force No change to status since last reporting period |
| 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 |
Commenced and still in force No change to status since last reporting period |
| 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 and 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 in force No change to status since last reporting period |
| 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 and 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 No change to status since last reporting period |
| 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). | In operation Preparations for Scotland's Climate Assembly are ongoing. Ministers will provide further updates to the Scottish Parliament on arrangements for the Assembly before the time of its first meeting. The provision to allow for a delay to the deliberations and reporting of the Assembly beyond February 2021, should this be necessary for reasons related to coronavirus, will apply to all persons irrespective of protected characteristics. As such, there may be positive equalities benefits for some groups as delay could allow the participation of individuals that might otherwise be excluded due to coronavirus restrictions. A report outlining the arrangements for Scotland's Climate Assembly was laid in the Scottish Parliament on 8 September 2020[20]. Work within the Scottish Government on a project to establish a national Nitrogen Balance Sheet has begun, but it is not yet possible to set out an exact date by which it expects the process of regulating to establish a Balance Sheet to have concluded. A formal screening exercise for an Equality Impact Assessment will be undertaken in due course. The provisions were in operation during the reporting period and paragraph 1 was expired on 29 September 2020. These are 'spent' provisions, which upon commencement immediately and permanently amended the Climate Change (Scotland) Act 2009 to amend the deadlines associated with a Citizens Assembly and a national Nitrogen Balance Sheet. |
Section 4 and schedule 3, Part 1 Paragraph 1 – expired Since the last reporting period, paragraph 1 has been expired |
| 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. | In operation The provisions were in operation during the reporting period and paragraph 2 was expired on 29 September 2020. This is a 'spent' provision which made a permanent amendment to other legislation. Part 2 of schedule 3 amends section 70 of the Housing (Scotland) Act 2010 (the '2010 Act'). Expiring Section 4, schedule 3, Part 2 of the second Scottish Act retains the amendments to section 70 of the 2010 Act. |
Section 4 and schedule 3, Part 2 Paragraph 2 - expired Since the last reporting period, paragraph 2 has been expired |
| 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 paragraph 15(1) of schedule 6 of 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 The provisions were in operation during the reporting period and paragraph 3 was expired on 29 September 2020. This is a 'spent' provision which made a permanent amendment to section 7 and schedule 6, Part 5 of the 'duties under the Public Finance and Accountability (Scotland) Act 2000' provisions of the first Scottish Act. Expiring this provision retains the amendments to the first Scottish Act. |
Section 4, schedule 3, Part 3 Paragraph 3 - expired Since the last reporting period paragraph 3 has been expired |
| 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. | In operation The provisions were in operation during the reporting period and paragraph 4 was expired on 29 September 2020. This is a 'spent' provision which permanently amended section 33B of the Housing (Scotland) Act 1987 to extend the period for Scottish Ministers to publish a statement on exercising the power to modify local connection. The regulation making powers have not been used since the provisions came into force. |
Section 4 and schedule 3, Part 4 Paragraph 4- expired Since the last reporting period paragraph 4 has been expired |
| 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. | In operation The provisions were in operation during the reporting period and paragraph 1 was expired on 29 September 2020. This is a 'spent' provision. This provision made permanent amendments to the UEFA European Championship (Scotland) Act 2020 ('the 2020 Act'). The provisions of the 2020 Act, as amended by this provision, will continue to be required beyond 29 September 2020, but will remain in force after that date, or the later date of repeal of the second Scottish Act, by virtue of section 15(2)(d) of the Interpretation and Legislative Reform (Scotland) Act 2010. |
Section 5 and schedule 4, Part 1 Paragraph 1 - expired Since the last reporting period paragraph 1 has been expired |
| 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. The emergency period is the period beginning with the coming into force of these provisions and ending on 6 October 2020. The changes made to section 16 apply to conservation area consent by virtue of section 66(3) of the 1997 Act. Consents to which the provision applies will instead lapse at the end of an extended period (which ends on 6 April 2021) unless works have commenced before the end of the extended period. It enables the Scottish Ministers to make regulations to amend the definition of the emergency and extended periods. | In operation The Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Regulations 2020 (SSI 2020/254)[21] are due to come into force on 5 October 2020. When in force, these regulations will extend the duration of the provisions, with the "emergency period" to expire on 31 March 2021 and the "extended period" expiring on 30 September 2021. |
Commenced and still in force No change to status since last reporting period |
| 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 No change to status since last reporting period |
| 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 No change to status since last reporting period |
| 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. | In operation The provisions were in operation during the reporting period and paragraph 6 was expired on 29 September 2020. These are 'spent' provisions. The provisions permanently amended schedule 2A of the Land and Buildings Transaction Tax (Scotland) Act 2013 (the 'LBTT Act'). Expiry of these provisions will not affect this permanent amendment, including with regard to the delegated powers provided. |
Section 5 and schedule 4, Part 5 Paragraph 6 - expired Since the last reporting period paragraph 6 has been expired |
| 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 rate. 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. |
In operation The provisions were in operation during the reporting period and paragraphs 7 and 8 were expired on 29 September 2020. These are 'spent' provisions. Paragraph 7 amends section 153 of the Local Government etc. (Scotland) Act 1994 (power to prescribe amount of non-domestic rate) to enable Ministers to make regulations in respect of financial year 2020-21 to reduce or remit Non-Domestic Rates liabilities. Paragraph 8 amends schedule 1 of the Non-Domestic Rates (Coronavirus Reliefs) (Scotland) Regulations 2020 (SSI 2020/101)[22] to provide an additional class of businesses to be given relief under those regulations, being those in the news publishing industry. |
Section 5 and schedule 4, Part 6 Paragraphs 7 and 8 - expired Since the last reporting period paragraphs 7 and 8 have been expired |
| 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 No change to status since last reporting period |
| 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 first report to Parliament[23] on 7 August – covering the period 27 May to 26 July. It is anticipated the second report will be laid in Parliament in October. |
Commenced and still in force No change to status since last reporting period |
| 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. | In operation | Commenced and still in force No change to status since last reporting period |
| 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. | In operation 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. |
Commenced and still in force No change to status since last reporting period |
| 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 It would be disproportionate to request traffic authorities to report on the individual uses of this power and therefore information on the extent of use of the provision is not held at this time. The traffic authorities this provision will be most relevant to are Local Authorities who are at the core of the coronavirus response and many of their services are under significant pressure. Local Authorities continue to indicate that they need flexibility in their options for regulating the use of the various types of roads in their areas due to the ongoing need for physical distancing and increased active travel. For this reason, the status of the provision in this reporting period is appropriate. |
Commenced and still in force No change to status since last reporting period |
| 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 'Key principles' guidance has been developed for stakeholders and early scoping conversations have been held to support implementation. The Scottish Government has carried out work with stakeholders to understand implementation needs and detailed guidance is being developed for publication in due course. |
Commenced and still in force No change to status since last reporting period |
| 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 | Commenced and still in force No change to status since last reporting period |
| 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 |
| 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 290 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 as we ease out of lockdown is expected and therefore the temporary social work register continues to be necessary. |
Commenced and still in force No change in status since the last reporting period |
| 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 |
| 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[24] 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. |
Commenced and still in force No change to status since last reporting period |
| 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 and still in force No change to status since last reporting period |
| 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 registration priorities |
Commenced and still in force No change to status since last reporting period |
| 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[25] 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. Part 2 – in operation. In the first reporting period, Scottish Ministers made two determinations[26] (on 8 April 2020) which suspended certain provisions within the Burial and Cremation (Scotland) Act 2016 and the Cremation (Scotland) Regulations 2019. There have been no changes from the position in the first or second reporting period. |
Commenced and still in force No change to status since last reporting period |
| 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)[27] came into force on 27 March 2020. The provision is in operation and it continued to be necessary in this reporting period. The appointment of Temporary Judicial Commissioners has ensured that warrants needed by intelligence and law enforcement agencies continued to be considered. The need for this provision will be kept under review by the independent Investigatory Powers Commissioner. |
Commenced and still in force No change to status since last reporting period |
| 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) came into force on 27 March 2020[28]. The provision is in use and has continued to be necessary in this reporting period. The variation to the urgent warrant procedure has ensured that intelligence and law enforcement agencies have the flexibility they need to protect national security and prevent serious crime. The need for this provision will be kept under review by the independent Investigatory Powers Commissioner. |
Commenced and still in force No change to status since last reporting period |
| 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 The provisions continue to be required, to hold in reserve, in the event that voluntary provision of information by food supply chain participants breaks down. The voluntary provision of information continues to work well. |
Not yet commenced No change to status since last reporting period |
| 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 |
| 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[29] 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 |
| 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 | Schedule 16, Part Two – not in operation Schedule 17, Part Two – in operation Supplementary information provided - see section 7.3.4 for further information |
Commenced and still in force No change to status since last reporting period |
| 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, 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 |
| UK Act | Section 49 and schedule 19 - Health Protection Regulations: Scotland | See section 7.3.5 | In operation Supplementary information provided – see section 7.3.5 for further information |
Commenced and still in force No change to status since last reporting period |
| 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 |
| 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 to status since last reporting period |
| 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. While there is potential for resurgence of 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 to status since last reporting period |
| 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 provisions will only be relevant if a vacancy for a Scottish Parliament constituency seat occurs during the period of the provision being in force. Section 70 – in operation In the third reporting period the provision was used to further postpone three local government by-elections previously postponed using the provision. In total 11 by-elections have been postponed, albeit the provision has been used 15 times. |
Commenced and still in force No change to status since last reporting period |
| 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 the Scottish Ministers or Welsh Ministers. As it applies to Scotland, the provision applies to the Energy Transition Fund, however no monies were paid in respect of this, in the reporting period. |
Commenced and still in force No change to status since last reporting period |
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