Coronavirus restriction regulations come into force

Businesses and the public in Scotland are now required by law to follow necessary social distancing measures to slow the spread of coronavirus, following the making yesterday of the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 (SSI 2020/103).

The regulations, which came into force immediately have been made using powers in the emergency Coronavirus Act, which received Royal Assent on Wednesday evening. They make it a criminal offence to flout the strict public health guidance enforcing social distancing.

By reg 5, people are now required not to go beyond their own property unless they have a "reasonable excuse". These are defined in reg 8 as including shopping for necessary food, household and medical supplies, travelling to and from work where working from home is not an option, and daily exercise that adheres to social distancing guidance.

Regulation 6 also prohibits gatherings in a public place of more than two people. Listed exceptions include members of the same household, or where it is essential for work places, or to attend a funeral, or “(d) where reasonably necessary– (i) to facilitate a house move;... (iv) to participate in legal proceedings or to fulfil a legal obligation”.

Enforcement can be used against businesses and venues that have been told to close, including drinking establishments, entertainment venues, and indoor leisure and sports facilities.

Police Scotland can issue penalty notices of £30, rising to £60 if not paid within 28 days, where they have reason to believe there has been an offence under the regulations. These penalties are doubled for each repeat offence up to a £960 cap, with no reduction for early payment. Due to the exceptional nature of these powers, the regulations will be reviewed at least every 21 days to ensure they are still necessary.

The UK Government has laid English regulations which are intended to, in the main, have the same effect as the Scottish regulations. All regulations will expire in six months’ time.

Constitution Secretary Michael Russell said: "There has been a huge effort by the people and businesses of Scotland to respond to the unprecedented situation we face dealing with the coronavirus.

"I would like to thank everyone who is playing their part by staying at home to ensure the social distancing measures we have introduced help stop the spread of the virus.

"While the majority of people are doing the right thing, these regulations provide the police with emergency powers to enforce social distancing where necessary.

"It is only because of the unprecedented crisis we are facing, and to save lives, that these powers are being introduced. They are temporary and will be kept under review.

"I urge the people of Scotland to continue their outstanding collective effort and follow the rules that have been laid down."

The Scottish Government has issued specific further social distancing guidance for business.