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Publication - Regulation/directive/order

Coronavirus (COVID-19): Declaration of a serious and imminent threat to public health (supplementary)

Published
30 March 2020
Directorate
Legal Services (Solicitor to the Scottish Government)
Topic
Coronavirus (COVID-19) in Scotland, Law and order, Public safety and emergencies

This is a supplementary declaration further to that made on 25 March 2020 for the exercise of powers under schedule 21 and 22 of the Coronavirus Act 2020.

The Coronavirus Bill was given Royal Assent on 25 March 2020. The powers in schedule 21 and 22 of the Bill (powers relating to potentially infectious persons and powers relating to events, gatherings and premises in Scotland) will commence on Royal Assent. However, the exercise of these powers in Scotland is contingent upon declarations being made by the Scottish Ministers.

COVID-19: Declaration of a serious and imminent threat to public health

The Coronavirus Bill was given Royal Assent on 25 March 2020. The powers in schedule 21 and 22 of the Bill (powers relating to potentially infectious persons and powers relating to events, gatherings and premises in Scotland) will commence on Royal Assent. However, the exercise of these powers in Scotland is contingent upon declarations being made by the Scottish Ministers.

These additional declarations make clear that they relate to the coronavirus (SARS-CoV-2) organism.

DECLARATION under Schedule 21, Part 3, para 25(1)

In accordance with section 51 of, and paragraph 25(1) of Part 3 of schedule 21 of the Coronavirus Act 2020, the Scottish Ministers declare that they are of the view that the incidence or transmission of coronavirus (also known as SARS-CoV-2) constitutes a serious and imminent threat to public health in Scotland and that the powers conferred by Part 3 of Schedule 21 of the Coronavirus Act 2020 will be an effective means of delaying or preventing significant further transmission of the virus in Scotland.

Before making this declaration, the Scottish Ministers have consulted with the Chief Medical Officer of the Scottish Administration, as required by paragraph 25(5) of Part 3 of schedule 21 of the 2020 Act.

In line with paragraph 26 of Part 3 of schedule 21 of the Coronavirus Act 2020, the “transmission control period” (for the purposes of Part 3 of Schedule 21) begins when this declaration is made.

DECLARATION under Schedule 22, Part 3, para 13(1)

In accordance with section 52 of and paragraph 13(1) of Part 3 of schedule 22 of the Coronavirus Act 2020, the Scottish Ministers declare that they are of the view that the incidence or transmission of coronavirus (also known as SARS-CoV-2) constitutes a serious and imminent threat to public health in Scotland, and that the powers conferred by Part 3 of Schedule 22 of the Coronavirus Act 2020 will be an effective means of preventing, protecting against, delaying or otherwise controlling the incidence or transmission of the virus in Scotland.

Before making this declaration, the Scottish Ministers have consulted with the Chief Medical Officer of the Scottish Administration, as required by paragraph 13(4) of Part 3 of schedule 22.

In line with paragraph 14 of Part 3 of Schedule 22 of the Coronavirus Act 2020, the “public health response period” (for the purposes of Part 3 of Schedule 22) begins when this declaration is made.

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