Royal Assent for Coronavirus (Scotland) Act

Emergency powers to combat the COVID-19 emergency come into force from midnight after the Coronavirus (Scotland) Act received Royal Assent today.

The Act contains a wide range of emergency powers and measures, including:

• protection of renters from eviction during the outbreak by adjusting the notice periods for the majority of repossession grounds across both private and social rented sectors;
• additional protection for debtors through temporary extension of certain moratoriums on diligence;
• provision to make temporary changes to legislation in relation to children and vulnerable adults;
• provision to make adjustments to criminal procedure and to other aspects of the justice system, though the proposed suspension of jury trials was dropped from the bill following widespread opposition and further proposals will be brought before Holyrood;
• temporary modifications of legislation in relation to alcohol licensing;
• provision in relation to the functions of public bodies including various changes relating to non-alcohol licensing, local authority meetings and the provision of accounts;
• a range of other provisions including measures relating to social security, irritancy clauses in commercial leases, planning, registration of deeds, changes to the Anatomy Act 1984, changes to the scrutiny of secondary legislation and provisions relating to business improvement districts.

Some provisions, including in the justice sphere, depend on ministers making regulations, which they can only do if satisfied that it is necessary and proportionate in response to the actual or anticipated effects of COVID-19.

Constitution Secretary Michael Russell commented: “Scotland is facing an unprecedented situation. This emergency bill, that has now become law, was unanimously passed by the Scottish Parliament and delivers necessary powers so we can prioritise tackling the coronavirus pandemic.

“Many businesses and people struggling financially because of the crisis will now receive vital practical help. In particular we must have a criminal justice system that can operate effectively while treating all those involved, including victims, fairly.

“The nation is pulling together during these difficult times and the Scottish Government will continue to engage across parties to help us get through the coming months.”

Most of the emergency measures in the Act will expire automatically six months after they come into force. The Scottish Parliament may extend the measures for two further periods of six months, giving a maximum duration of 18 months.

The Scottish Government will provide a report to the Parliament every two months about the use of these emergency powers. It has also published guidance for public bodies on the key changes made by the Act.