Coronavirus (Recovery and Reform) (Scotland) Act 2022

Part 1 — Public health protection

Chapter 1 — Modifications of the Public Health etc. (Scotland) Act 2008

Public health protection measures

1

• (1) The Public Health etc. (Scotland) Act 2008 is modified as follows.

• (2) After section 86 insert—

(86A) (1) The Scottish Ministers may by regulations make provision for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination in Scotland (whether from risks originating there or elsewhere). (2) In subsection (1)— (a) reference to infection or contamination is a reference to infection or contamination which presents or could present significant harm to human health, (b) reference to the spread of contamination includes a reference to the spread of any source of contamination. (3) The power in subsection (1) may be exercised— (a) in relation to infection or contamination generally or in relation to particular forms of infection or contamination, and (b) so as to make provision of a general nature, to make contingent provision or to make specific provision in response to particular circumstances. (4) Regulations under subsection (1) may in particular include provision directly or indirectly imposing restrictions or requirements on or in relation to persons, things or premises in the event of, or in response to, a threat to public health (but see sections 86D and 86E). (5) The restrictions or requirements mentioned in subsection (4) include, for example— (a) a requirement that a pupil (within the meaning given by section 135(1) of the Education (Scotland) Act 1980) is to be kept away from school, (b) a prohibition or restriction relating to the holding of an event or gathering, (c) a restriction or requirement relating to the handling, transport, burial or cremation of dead bodies or the handling, transport or disposal of human remains, and (d) a special restriction or requirement (see section 86G). (86B) (1) Regulations under section 86A(1) which are responding to a particular infection or contamination may be made only when a public health declaration under this section has effect. (2) A public health declaration means a declaration by the Scottish Ministers that they consider that— (a) an infectious disease or contaminant constitutes or may constitute a danger to human health, and (b) the making of regulations under section 86A(1) may be a way of protecting against that danger. (3) Before making a public health declaration, the Scottish Ministers must consult the Chief Medical Officer of the Scottish Administration or another person designated for the purposes of this section by the Scottish Ministers. (4) A public health declaration has effect if— (a) it is made by the Scottish Ministers, (b) either— (i) it is approved in accordance with subsection (6), or (ii) a statement under section 86C(1) is made, and (c) it has not ceased to have effect in accordance with subsection (10). (5) The Scottish Ministers must publish a public health declaration in such manner as they consider appropriate. (6) A public health declaration is approved if— (a) the Scottish Ministers lay a copy of the declaration before the Scottish Parliament, (b) a member of the Scottish Government lodges a motion that the declaration be approved, and (c) the Parliament agrees to the motion. (7) A motion under subsection (6)(b) may not be amended. (8) The Scottish Ministers must publish notice of the approval of a public health declaration and the time at which the declaration has effect, in such manner as they consider appropriate. (9) If, during the period that a public health declaration has effect, the Scottish Ministers consider that paragraphs (a) and (b) of subsection (2) no longer apply, they must— (a) revoke the declaration, (b) lay notice of revocation before the Scottish Parliament, and (c) publish notice of revocation in such manner as the Scottish Ministers consider appropriate. (10) A public health declaration ceases to have effect immediately after it is revoked. (11) A public health declaration’s ceasing to have effect neither— (a) affects anything done before the declaration ceased to have effect, nor (b) prevents the making of regulations revoking regulations made during the period that the declaration had effect. (86C) (1) If the Scottish Ministers consider that it is not practicable for a public health declaration to be approved in accordance with section 86B(6), they may make a statement explaining why. (2) An example of when it may not be practicable for a public health declaration to be approved in accordance with section 86B(6) is if the Scottish Parliament is dissolved. (3) When a statement under subsection (1) is made, the Scottish Ministers must— (a) lay a copy of the public health declaration and the statement before the Scottish Parliament, and (b) publish the statement in such manner as they consider appropriate. (4) If a statement under subsection (1) is made— (a) the public health declaration has effect immediately after the declaration is made, and (b) the declaration ceases to have effect at the end of the period of 28 days beginning with the day on which it is made unless before the end of that period it is approved by the Scottish Parliament on a motion by a member of the Scottish Government (if it has not already ceased to have effect under subsection (5)). (5) If, on any day during that period of 28 days, the Parliament comes to a decision not to approve the public health declaration, the declaration ceases to have effect immediately after the decision is made. (6) In calculating the period of 28 days mentioned in subsections (4) and (5), no account is to be taken of any time during which the Scottish Parliament is— (a) in recess for more than 4 days, or (b) dissolved. (7) A motion under subsection (4)(b) may not be amended. (86D) (1) Regulations under section 86A(1) may not impose a restriction or requirement by virtue of section 86A(4) unless the Scottish Ministers consider, when making the regulations, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it. (2) Regulations under section 86A(1) may not impose a restriction or requirement mentioned in section 86G(2)(a), (b), (c) or (d). (3) For the purpose of this section, the regulations “impose” a restriction or requirement if the restriction or requirement is imposed directly by the regulations. (86E) (1) Regulations under section 86A(1) may not enable the imposition of a restriction or requirement by virtue of section 86A(4) unless the regulations provide that a decision to impose such a restriction or requirement may only be taken if the person taking it considers, when taking the decision, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it. (2) Regulations under section 86A(1) may not enable the imposition of a special restriction or requirement unless— (a) the regulations are made in response to a serious and imminent threat to public health, or (b) the imposition of the special restriction or requirement is expressed to be contingent on there being such a threat at the time when it is imposed. (3) For the purpose of this section, the regulations “enable the imposition of” a restriction or requirement if the restriction or requirement is imposed by virtue of a decision taken under the regulations by the Scottish Ministers, a local authority, a health board or other person. (86F) (1) Regulations under section 86A(1) may not include provision requiring a person to undergo medical treatment. (2) “Medical treatment” includes vaccination and other prophylactic treatment. (86G) (1) In this Part, a “special restriction or requirement” means a restriction or requirement mentioned in subsections (2) to (5). (2) In relation to a person, the restriction or requirement referred to in subsection (1) is that the person— (a) submit to medical examination, (b) be removed to a hospital or other suitable establishment, (c) be detained in a hospital or other suitable establishment, (d) be kept in quarantine (within the meaning of section 39(4)), (e) be disinfected or decontaminated, (f) wear protective clothing, (g) provide information or answer questions about the person’s health or other circumstances, (h) has the person’s health monitored and the results reported, (i) attend training or advice sessions on how to reduce the risk of infecting or contaminating others, (j) be subject to restrictions as to where the person may go or with whom the person has contact, (k) abstain from working or trading. (3) Where regulations enable the imposition of a requirement to submit to medical examination, section 35 applies to that examination in the same way as it applies to an examination authorised by virtue of an order under section 34(1). (4) In relation to a thing, the restriction or requirement referred to in subsection (1) is— (a) that the thing be seized or detained, (b) that the thing be kept in quarantine, (c) that the thing be disinfected or decontaminated, (d) that the vector, agent or source of any infection or contamination be removed, (e) in the case of a dead body, that the body be buried or cremated, (f) in any other case, that the thing be destroyed or disposed of. (5) In relation to premises, the restriction or requirement referred to in subsection (1) is— (a) that the premises be closed, (b) that, in the case of a vehicle or movable structure, the premises be detained, (c) that the premises be disinfected or decontaminated, (d) that the vector, agent or source of any infection or contamination be removed, (e) that, in the case of a building, structure, mobile home or vehicle, the premises be destroyed. (86H) (1) This section makes further provision about regulations under section 86A(1). (2) The regulations may— (a) confer functions on local authorities, health boards and other persons, (b) make different provision for different areas, (c) create offences, (d) modify any enactment (including this Act), (e) enable a court to order a person convicted of any offence under the regulations to take or pay for remedial action in appropriate circumstances, (f) provide for the carrying out and enforcement of restrictions and requirements imposed by virtue of the regulations, (g) provide for appeals from and reviews of restrictions and requirements imposed by virtue of the regulations, (h) permit or prohibit the levying of charges, (i) permit or require the payment of incentive payments and expenses, (j) permit the payment of compensation, (k) provide for the resolution of disputes. (3) The maximum penalties that may be imposed in relation to offences created under the regulations are— (a) on summary conviction, imprisonment for a period not exceeding 12 months or a fine not exceeding the statutory maximum (or both), (b) on conviction on indictment, imprisonment for a period not exceeding two years or a fine (or both). (4) The regulations must provide for a right of appeal to the sheriff against any decision taken under the regulations by virtue of which a special restriction or requirement is imposed on or in relation to a person, thing or premises. (86I) (1) So long as regulations under section 86A(1) which make provision mentioned in section 86A(4) remain in effect, the Scottish Ministers must review the regulations— (a) before the end of the period of 21 days beginning with the date on which the regulations came into force, and (b) before the end of each subsequent period of 21 days. (2) Subsection (1) does not apply where the regulations make only provision of a general nature or contingent provision. (3) Subsection (4) applies where regulations under section 86A(1)— (a) enable a special restriction or requirement to be imposed by virtue of a decision taken under the regulations, and (b) the restriction or requirement is capable of remaining in force in relation to any person, thing or premises for more than a specified period. (4) The regulations must provide that a specified person may require the continuation of the restriction or requirement to be reviewed in accordance with the regulations at specified intervals by a person determined in accordance with the regulations. (5) In relation to a special restriction or requirement mentioned in section 86G(2)(c) or (d)— (a) the period specified by virtue of subsection (3)(b) and the intervals specified by virtue of subsection (4) must be 21 days or less, and (b) the regulations must require the continuation of the restriction or requirement to be reviewed without an application being made. (6) In this section, “specified” means specified in the regulations. (86J) The Scottish Ministers may by regulations make provision conferring on local authorities, health boards or other persons functions in relation to the monitoring of public health risks.

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• (3) In section 122 (regulations and orders)—

• (a) in subsection (5), after “25(3),” insert “86A(1),”,

• (b) in subsection (6)—

• (i) after “25(3)” insert “, 86A(1)”,

• (ii) after “urgently” insert “(but see subsection (11))”,

• (c) after subsection (10) insert—

(11) Subsection (6) does not apply to regulations under section 86A(1) which make provision modifying an Act of the Scottish Parliament or an Act of Parliament. (12) Where subsection (6) applies to regulations made under section 86A(1)— (a) the Scottish Ministers must explain why they consider that the regulations need to be made urgently, and (b) the regulations must include provision for them to expire on a day specified in the regulations. (13) Subsection (12)(b) does not apply where the regulations amend regulations in which the provision mentioned in subsection (12)(b) has already been included.

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International travel regulations

2

• (1) The Public Health etc. (Scotland) Act 2008 is modified as follows.

• (2) In section 94 (international travel)—

• (a) in subsection (1)(a)(ii)—

• (i) after “agreements” insert “or arrangements”,

• (ii) after “contamination” insert “(including any recommendations issued under such agreements or arrangements)”,

• (b) in subsection (2)—

• (i) in paragraph (e), after sub-paragraph (iii) insert—

(iv) kept in quarantine,

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• (ii) after paragraph (i) insert—

(ia) enabling a court to order a person convicted of any offence under the regulations to take or pay for remedial action in appropriate circumstances, (ib) providing for the carrying out and enforcement of restrictions and requirements imposed by virtue of the regulations, (ic) providing for appeals from and reviews of restrictions and requirements imposed by virtue of the regulations, (id) permitting or requiring the payment of incentive payments or expenses, (ie) permitting the payment of compensation, (if) providing for the resolution of disputes,

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• (iii) in paragraph (j), after “permitting” insert “or prohibiting”,

• (c) after subsection (2) insert—

(2A) Regulations under subsection (1) may not include provision requiring persons to undergo medical treatment. (2B) In subsection (2A), “medical treatment” includes vaccination and other prophylactic treatment.

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Meaning of “premises”

3

• (1) The Public Health etc. (Scotland) Act 2008 is modified as follows.

• (2) In section 123 (meaning of “premises”)—

• (a) in the definition of “premises”, in paragraph (b)—

• (i) before sub-paragraph (i) insert—

(zi) a tent or other moveable structure,

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• (ii) after sub-paragraph (i), the word “and” is repealed,

• (iii) after sub-paragraph (ii) insert “, and

(iii) an offshore installation (within the meaning given by regulation 3 of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 (S.I. 1995/738)).

,

• (b) in the definition of “mobile home”—

• (i) for “means” substitute “includes”,

• (ii) for “, houseboat or other moveable structure” substitute “or houseboat”.

Chapter 2 — Arrangements for vaccination and immunisation

Arrangements for vaccination and immunisation

4

• (1) The National Health Service (Scotland) Act 1978 is modified by subsection (2).

• (2) In section 40 (vaccination and immunisation)—

• (a) for subsection (1) substitute—

(1) The Scottish Ministers may make arrangements for the vaccination or immunisation of persons against any disease.

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• (b) in subsection (3)—

• (i) for “Secretary of State” substitute “Scottish Ministers”,

• (ii) for “medical practitioners” substitute “persons”.

• (3) The Functions of Health Boards (Scotland) Order 1991 (S.I. 1991/570) is modified by subsection (4).

• (4) In article 4 (functions to be exercised by Health Boards), for paragraph (g) substitute—

(g) the power of the Scottish Ministers under section 40 to make arrangements for the vaccination or immunisation of persons against any disease and to supply vaccines, sera or other preparations for such vaccination or immunisation;

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Part 2 — Education

Chapter 1 — Educational establishments etc.

Interpretation of Chapter

5

• (1) In this Chapter—

• “the 1980 Act” means the Education (Scotland) Act 1980,

• “the 2005 Act” means the Further and Higher Education (Scotland) Act 2005,

• “child minder” has the meaning given by paragraph 12 of schedule 12 of the Public Services Reform (Scotland) Act 2010,

• “early learning and childcare” has the meaning given by section 46 of the Children and Young People (Scotland) Act 2014,

• “education” includes early learning and childcare, school education, further education and higher education,

• “education authority,” “grant-aided school”, “independent school”, “public school”, “school” and “school education” have the meanings given by section 135(1) of the 1980 Act,

• “educational establishment”— means— a school, an education and training establishment approved by the Scottish Qualifications Authority under section 2 of the Education (Scotland) Act 1996 as suitable for presenting persons for SQA qualifications, a further education institution, a higher education institution, and is also to be construed in accordance with subsections (3) and (4) of this section,

• “further education” has the meaning given by section 6 of the Further and Higher Education (Scotland) Act 1992,

• “further education institution” means— a body listed under the heading “Institutions formerly eligible for funding by the Scottish Further Education Funding Council” or under the heading “Other institutions” in schedule 2 of the 2005 Act, a college of further education which is assigned to a regional strategic body by an order made under section 7C(1) of the 2005 Act,

• “governing body” has the meaning given by section 35(2) of the 2005 Act,

• “higher education” has the meaning given by section 38 of the Further and Higher Education (Scotland) Act 1992,

• “higher education institution” means— a body listed under the heading “Institutions formerly eligible for funding by the Scottish Higher Education Funding Council” or under the heading “Other institutions” in schedule 2 of the 2005 Act, a person who provides a course of higher education designated by the Scottish Ministers under regulation 4(9) of the Education (Student Loans) (Scotland) Regulations 2007 (S.S.I. 2007/154) for the purposes of regulation 3(2) of those Regulations,

• “managers”, in relation to a grant-aided school, has the meaning given by section 135(1) of the 1980 Act,

• “out of school care” means care which is provided— to children who are in attendance at a school, outside school hours or during school holidays, and by a child minder or a service for the day care of children within the meaning given by paragraph 13 of schedule 12 of the Public Services Reform (Scotland) Act 2010,

• “proprietor”, in relation to an independent school, has the meaning given by section 135(1) of the 1980 Act,

• “protecting public health” has the meaning given by section 1(5) of the Public Health etc. Scotland Act 2008.

• (2) In this Chapter, “relevant operator”—

• (a) in relation to a school, means—

• (i) where the school is a public school, the education authority by which it is managed,

• (ii) where the school is an independent school, the proprietor,

• (iii) where the school is a grant-aided school, the managers,

• (b) in relation to an education and training establishment approved by the Scottish Qualifications Authority under section 2 of the Education (Scotland) Act 1996 as suitable for presenting persons for SQA qualifications, means the person who has responsibility for the management of the establishment,

• (c) in relation to a further education institution or a higher education institution, means the governing body of the institution.

• (3) Where out of school care is provided by a person in a school, “relevant operator” also includes such a person.

• (4) Where school education, early learning and childcare or out of school care is provided by a person in premises other than a school—

• (a) “relevant operator” also includes such a person, and

• (b) references to “educational establishment” in this Chapter are to be read as if they were references to such premises.

Duty to have regard to public health advice

6

• (1) A relevant authority must have regard to any advice from the Chief Medical Officer of the Scottish Administration, or from another person designated for the purposes of this section by the Scottish Ministers, about protecting public health.

• (2) In subsection (1), “relevant authority” means—

• (a) a relevant operator of an educational establishment,

• (b) a relevant manager of a school boarding establishment (within the meaning given by section 9(6)),

• (c) a relevant manager of student accommodation premises (within the meaning given by section 10(6)).

Guidance on public health measures

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• (1) A relevant authority must have regard to any guidance issued by the Scottish Ministers about protecting public health and ensuring the continuity of education.

• (2) The Scottish Ministers must publish any guidance issued under subsection (1).

• (3) In subsection (1), “relevant authority” has the meaning given by section 6(2).

Regulations on continuing operation of educational establishments

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• (1) The Scottish Ministers may by regulations make provision relating to the continuing operation of an educational establishment for a specified period.

• (2) Regulations under subsection (1) may make provision applying to—

• (a) the relevant operator of one or more named educational establishments,

• (b) the relevant operators of all educational establishments,

• (c) the relevant operators of a particular description of educational establishment.

• (3) Where regulations under subsection (1) apply to the relevant operator of a further education institution or higher education institution, they may not make provision relating to any non-educational functions of the operator.

• (4) For the purposes of subsection (3), “non-educational functions”—

• (a) are functions of the operator which do not relate solely to the teaching and delivery of further education or higher education, but

• (b) exclude any additional functions conferred on the operator by virtue of subsection (7)(a)(iii) relating to the use of the operator’s premises for the purpose of protecting public health.

• (5) Before making regulations under subsection (1), the Scottish Ministers—

• (a) must have regard to any advice from the Chief Medical Officer of the Scottish Administration about protecting public health (or, as the case may be, from another person designated for the purposes of this section by the Scottish Ministers), and

• (b) must be satisfied, in view of that advice, that making the regulations is a necessary and proportionate action for or in connection with the continued provision of education.

• (6) Regulations under subsection (1) may provide that any failure to comply with a duty or time limit imposed under any enactment or rule of law relating to education is to be disregarded to the extent that the failure would be attributable to the regulations.

• (7) Regulations under subsection (1) may—

• (a) confer additional functions on a relevant operator relating to—

• (i) the provision of early learning and childcare, school education, further education or higher education,

• (ii) the provision of related services,

• (iii) where the relevant operator is an education authority or a further education institution or higher education institution, the use of the operator’s premises for the purpose of protecting public health,

• (b) require an educational establishment to open, to stay open, to re-open, or to open at times when it would not usually be open,

• (c) require a relevant operator to allow specified people or people of a specified description to attend an educational establishment or relevant premises for which the operator is responsible,

• (d) provide for or require specified people or people of a specified description to attend a specified educational establishment or specified premises for the purposes of receiving early learning and childcare, school education, further education or higher education there,

• (e) restrict or prohibit access in respect of the whole or a specified part of an educational establishment or of relevant premises,

• (f) restrict or prohibit access in respect of the carrying on of all activities or in respect of the carrying on of specified activities,

• (g) require measures to ensure safe standards of hygiene, and other measures to protect public health, to be put in place,

• (h) require the alteration of term dates, holiday dates or examination dates,

• (i) require the taking of actions in general terms, or require the taking of particular actions, that the Scottish Ministers consider appropriate,

• (j) make different provision for different purposes (for example, for different descriptions of people attending an educational establishment),

• (k) make transitional, transitory or saving provision.

• (8) Where early learning and childcare or out of school care is provided by a person acting as a child minder in premises used mainly as a private dwelling, regulations under subsection (1) may only make provision applying to the part of the premises in which such care is provided.

• (9) In this section—

• “relevant premises” means any premises (other than residential accommodation) which people attend in order to receive services provided by or on behalf of the relevant operator of an educational establishment there,

• “specified” means specified, or falling within a description specified, in regulations under subsection (1).

Regulations on school boarding accommodation

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• (1) The Scottish Ministers may by regulations—

• (a) require a relevant manager of a school boarding establishment to take reasonable steps to restrict or prohibit access to the establishment for a specified period,

• (b) require a relevant manager of a school boarding establishment to provide support for pupils for a specified period in order to assist—

• (i) their compliance with any restriction or requirement relating to the protection of public health imposed by virtue of an enactment or rule of law,

• (ii) their following of any guidance or advice from a public authority relating to the protection of public health,

• (iii) their response to a particular request or recommendation from a public authority relating to the protection of public health (for example, a recommendation for a pupil or group of pupils to self-isolate).

• (2) Regulations under subsection (1) may make provision applying to—

• (a) the relevant manager of one or more named school boarding establishments,

• (b) the relevant manager of all school boarding establishments,

• (c) the relevant managers of a particular description of school boarding establishment.

• (3) Before making regulations under subsection (1), the Scottish Ministers—

• (a) must have regard to any advice from the Chief Medical Officer of the Scottish Administration about protecting public health (or, as the case may be, from another person designated for the purposes of this section by the Scottish Ministers), and

• (b) must be satisfied, in view of that advice, that making the regulations is a necessary and proportionate action for or in connection with protecting public health.

• (4) Regulations under subsection (1) may provide that any failure to comply with a duty or time limit imposed under any enactment or rule of law relating to education is to be disregarded to the extent that the failure would be attributable to the regulations.

• (5) Regulations under subsection (1) may—

• (a) restrict or prohibit access in respect of the whole or a specified part of premises in which school boarding accommodation is provided,

• (b) restrict or prohibit access in respect of the carrying on of all activities or in respect of the carrying on of specified activities,

• (c) require the taking of actions in general terms, or require the taking of particular actions, that the Scottish Ministers consider appropriate,

• (d) make different provision for different purposes (for example, for different descriptions of people for whom school boarding accommodation is provided),

• (e) make transitional, transitory or saving provision.

• (6) In this section—

• “pupil” has the meaning given by section 135(1) of the 1980 Act,

• “relevant manager”, in relation to school boarding accommodation, means a person having responsibility for the management of the accommodation,

• “school boarding accommodation”, in relation to a pupil, means residential accommodation provided to the pupil by a school care accommodation service (within the meaning of paragraph 3 of schedule 12 of the Public Services Reform (Scotland) Act 2010)),

• “school boarding establishment” means a place where school boarding accommodation is provided,

• “specified” means specified, or falling within a description specified, in regulations under subsection (1).

Regulations on student accommodation

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• (1) The Scottish Ministers may by regulations—

• (a) require a relevant manager of student accommodation premises to take reasonable steps to restrict or prohibit access to the premises for a specified period,

• (b) require a relevant manager of student accommodation premises to provide support for students for a specified period in order to assist—

• (i) their compliance with any restriction or requirement relating to the protection of public health imposed by virtue of an enactment or rule of law,

• (ii) their following of any guidance or advice from a public authority relating to the protection of public health,

• (iii) their response to a particular request or recommendation from a public authority relating to the protection of public health (for example, a recommendation for a student or group of students to self-isolate).

• (2) Regulations under subsection (1) may make provision applying to—

• (a) the relevant manager of one or more named student accommodation premises,

• (b) the relevant managers of all student accommodation premises,

• (c) the relevant managers of a particular description of student accommodation premises.

• (3) Before making regulations under subsection (1), the Scottish Ministers—

• (a) must have regard to any advice from the Chief Medical Officer of the Scottish Administration about protecting public health (or, as the case may be, from another person designated for the purposes of this section by the Scottish Ministers), and

• (b) must be satisfied, in view of that advice, that making the regulations is a necessary and proportionate action for or in connection with protecting public health.

• (4) Regulations under subsection (1) may provide that any failure to comply with a duty or time limit imposed under any enactment or rule of law relating to education is to be disregarded to the extent that the failure would be attributable to the regulations.

• (5) Regulations under subsection (1) may—

• (a) restrict or prohibit access in respect of the whole or a specified part of student accommodation premises,

• (b) restrict or prohibit access in respect of the carrying on of all activities or in respect of the carrying on of specified activities,

• (c) require the taking of actions in general terms, or require the taking of particular actions, that the Scottish Ministers consider appropriate,

• (d) make different provision for different purposes (for example, for different descriptions of people for whom student accommodation is provided),

• (e) make transitional, transitory or saving provision.

• (6) In this section—

• “relevant manager”, in relation to student accommodation, means a person having responsibility for the management of the accommodation,

• “specified” means specified, or falling within a description specified, in regulations under subsection (1),

• “student” means a person who is or is about to be matriculated at a further education institution or a higher education institution,

• “student accommodation” means residential accommodation which has been built or converted for the purpose of being provided to students,

• “student accommodation premises” means a place where student accommodation is provided.

Compliance and enforcement

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• (1) Regulations under this Chapter may provide for the carrying out and enforcement of restrictions and requirements imposed by virtue of the regulations.

• (2) A relevant authority must have regard to any guidance issued by the Scottish Ministers about how to comply with regulations under this Chapter.

• (3) The Scottish Ministers must publish any guidance issued under subsection (2).

• (4) In subsection (2), “relevant authority” has the meaning given by section 6(2).

Procedure for regulations

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• (1) Regulations made by the Scottish Ministers under this Chapter are subject to the affirmative procedure, unless subsection (2) applies to them.

• (2) This subsection applies to regulations if the Scottish statutory instrument containing the regulations includes a declaration that the Scottish Ministers are of the opinion that, by reason of urgency, it is necessary to make the regulations without their being subject to the affirmative procedure.

• (3) Where subsection (2) applies—

• (a) section 30 of the Interpretation and Legislative Reform (Scotland) Act 2010 does not apply to the regulations,

• (b) the Scottish statutory instrument containing the regulations must be laid before the Scottish Parliament as soon as practicable after they are made, and

• (c) the regulations cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the Scottish statutory instrument containing them is approved by a resolution of the Parliament.

• (4) In calculating the period of 28 days mentioned in subsection (3)(c), no account is to be taken of any time during which the Scottish Parliament is—

• (a) in recess for more than 4 days, or

• (b) dissolved.

• (5) Regulations ceasing to have effect by virtue of subsection (3)(c) neither—

• (a) affects anything previously done under the regulations before they ceased to have effect, nor

• (b) prevents new regulations being made.

• (6) Where subsection (2) applies to regulations made under this Chapter, the Scottish Ministers must explain why they are of the opinion that, by reason of urgency, it is necessary to make the regulations without their being subject to the affirmative procedure.

• (7) Where subsection (2) applies to regulations made under this Chapter, the regulations must include provision for them to expire on a day specified in the regulations.

• (8) Subsection (7) does not apply where the regulations amend regulations in which the provision mentioned in subsection (7) has already been included.

• (9) Where subsection (2) applies but the regulations—

• (a) revoke (in whole or in part) previous regulations made under this Chapter, and

• (b) do—

• (i) nothing else, or

• (ii) nothing else except make transitional, transitory or saving provision related to the revocation,

the Scottish statutory instrument containing the regulations must be laid before the Scottish Parliament as soon as practicable after they are made (and subsection (3)(b) and (c) do not apply to the regulations).

Regulations: public health declarations

13

• (1) Regulations under this Chapter which are responding to a particular infection or contamination may be made only when a public health declaration under this section has effect.

• (2) A public health declaration means a declaration by the Scottish Ministers that they consider that—

• (a) an infectious disease or contaminant constitutes or may constitute a danger to human health, and

• (b) the making of regulations under this Chapter may be a way of protecting against that danger.

• (3) Before making a public health declaration, the Scottish Ministers must consult the Chief Medical Officer of the Scottish Administration or another person designated for the purposes of this section by the Scottish Ministers.

• (4) A public health declaration has effect if—

• (a) it is made by the Scottish Ministers,

• (b) either—

• (i) it is approved in accordance with subsection (6), or

• (ii) a statement under section 14(1) is made, and

• (c) it has not ceased to have effect in accordance with subsection (10).

• (5) The Scottish Ministers must publish a public health declaration in such manner as they consider appropriate.

• (6) A public health declaration is approved if—

• (a) the Scottish Ministers lay a copy of the declaration before the Scottish Parliament,

• (b) a member of the Scottish Government lodges a motion that the declaration be approved, and

• (c) the Parliament agrees to the motion.

• (7) A motion under subsection (6)(b) may not be amended.

• (8) The Scottish Ministers must publish notice of the approval of a public health declaration and the time at which the declaration has effect, in such manner as they consider appropriate.

• (9) If, during the period that a public health declaration has effect, the Scottish Ministers consider that paragraphs (a) and (b) of subsection (2) no longer apply, they must—

• (a) revoke the declaration,

• (b) lay notice of revocation before the Scottish Parliament, and

• (c) publish notice of revocation in such manner as the Scottish Ministers consider appropriate.

• (10) A public health declaration ceases to have effect immediately after it is revoked.

• (11) A public health declaration’s ceasing to have effect neither—

• (a) affects anything done before the declaration ceased to have effect, nor

• (b) prevents the making of regulations revoking regulations made during the period that the declaration had effect.

Regulations: further provision about public health declarations

14

• (1) If the Scottish Ministers consider that it is not practicable for a public health declaration to be approved in accordance with section 13(6), they may make a statement explaining why.

• (2) An example of when it may not be practicable for a public health declaration to be approved in accordance with section 13(6) is if the Scottish Parliament is dissolved.

• (3) When a statement under subsection (1) is made, the Scottish Ministers must—

• (a) lay a copy of the public health declaration and the statement before the Scottish Parliament, and

• (b) publish the statement in such manner as they consider appropriate.

• (4) If a statement under subsection (1) is made—

• (a) the public health declaration has effect immediately after the declaration is made, and

• (b) the declaration ceases to have effect at the end of the period of 28 days beginning with the day on which it is made unless before the end of that period it is approved by the Scottish Parliament on a motion by a member of the Scottish Government (if it has not already ceased to have effect under subsection (5)).

• (5) If, on any day during that period of 28 days, the Parliament comes to a decision not to approve the public health declaration, the declaration ceases to have effect immediately after the decision is made.

• (6) In calculating the period of 28 days mentioned in subsections (4) and (5), no account is to be taken of any time during which the Scottish Parliament is—

• (a) in recess for more than 4 days, or

• (b) dissolved.

• (7) A motion under subsection (4)(b) may not be amended.

Review of regulations

15

So long as regulations under this Chapter remain in effect, the Scottish Ministers must review the regulations—

• (a) before the end of the period of 21 days beginning with the day on which the regulations came into force, and

• (b) before the end of each subsequent period of 21 days.

Alcohol licensing: how hearings may be held

16

• (1) So long as regulations under section 8(1) remain in effect, the Scottish Ministers must seek views from the persons listed in subsection (2) about those regulations, and about any regulations under section 9(1) and 10(1) which are also in effect—

• (a) before the end of the period of 28 days beginning with the day on which the regulations under section 8(1) came into force, and

• (b) before the end of each subsequent period of 28 days.

• (2) The persons are—

• (a) such persons as the Scottish Ministers consider representative of—

• (i) relevant operators of educational establishments to which the regulations apply,

• (ii) relevant managers of school boarding accommodation and student accommodation to which the regulations apply,

• (iii) users of such establishments and accommodation (including children and young people),

• (iv) staff of such establishments and accommodation (including any trade union which appears representative of such staff), and

• (b) such other persons as the Scottish Ministers consider appropriate.

• (3) In subsection (2)(a)(ii)—

• “relevant manager”, in relation to school boarding accommodation or student accommodation, means a person having responsibility for the management of the accommodation,

• “school boarding accommodation” has the meaning given by section 9(6),

• “student accommodation” has the meaning given by section 10(6).

Report on public schools’ readiness for remote learning

17

• (1) The Scottish Ministers must report on—

• (a) how ready education authorities are for the provision of education in public schools by remote learning, and

• (b) any specific steps that have been taken by education authorities and the Scottish Ministers to improve readiness for the provision of education in public schools by remote learning.

• (2) The Scottish Ministers must publish the report —

• (a) in the case of the first report, as soon as practicable after 31 July 2023,

• (b) in each other case, from time to time as the Scottish Ministers consider appropriate.

• (3) For the purposes of subsection (1), the provision of education does not include the provision of early learning and childcare.

Chapter 2 — School consultations

School consultations: meetings and documents

18

• (1) The Schools (Consultation) (Scotland) Act 2010 is modified as follows.

• (2) After section 11 insert—

(11ZA) (1) The Scottish Ministers may, on the application of an education authority, give a direction that the education authority is to take one or more of the actions mentioned in subsection (2). (2) Those actions are— (a) to disregard the duty under section 4(4)(a) and 9(3)(a) to publish things in printed form, (b) to treat the duty under sections 4(4)(b) and 9(3)(b) to make things available for inspection in a place as a duty to make things available in such manner as the education authority considers appropriate instead, (c) to meet the duty under section 7(1) to hold a public meeting in a place by holding a meeting using remote facilities instead. (3) A direction may be given under this section only if the Scottish Ministers are satisfied that giving the direction is a necessary and proportionate action for or in connection with the protection of public health. (4) A direction given under this section may vary or revoke an earlier direction. (5) A direction under this section— (a) may be varied or revoked, (b) may relate to one or more relevant proposals, (c) may be given subject to such conditions as may be specified in the direction. (6) A direction given under this section must be published in such manner as the Scottish Ministers consider appropriate. (7) In this section— - “protection of public health” is to be construed in accordance with section 1(5) of the Public Health etc. (Scotland) Act 2008, - “remote facilities” means any equipment or facility which— enables persons who are not in the same place to participate in the meeting, and enables those persons to speak to and be heard by each other (whether or not it enables those persons to see and be seen by each other).

.

Part 3 — Public service reform

Bankruptcy

Bankruptcy: service of documents

19

• (1) The Bankruptcy (Scotland) Act 2016 is modified by subsections (2) and (3).

• (2) After section 224 insert—

(224A) (1) Where a provision of this Act or of any regulations made under it authorises or requires a document to be served on a person (whether the expression “serve”, “give”, “send” or any other expression is used), the document may be served on the person— (a) by being delivered personally to the person, (b) by being sent to the proper address of the person— (i) by a registered post service (as defined in section 125(1) of the Postal Services Act 2000), or (ii) by a postal service which provides for the delivery of the document to be recorded, or (c) by being transmitted to the person electronically. (2) For the purpose of subsection (1)(b), the proper address of a person is— (a) in the case of a body corporate, the address of the registered or principal office of the body, (b) in the case of a partnership, the address of the principal office of the partnership, (c) in any other case, the last known address of the person. (3) Where a document is served as mentioned in subsection (1)(b) on an address in the United Kingdom it is to be taken to have been received 48 hours after it is sent unless the contrary is shown. (4) For the purpose of subsection (1)(c)— (a) electronic transmission of a document must be effected in a way that the recipient has indicated to the sender that the recipient is willing to receive the document, (b) the recipient’s indication of willingness to receive a document in a particular way may be— (i) specific to the document in question or generally applicable to documents of that kind, (ii) expressed specifically to the sender or generally (for example on a website), (iii) inferred from the recipient having previously been willing to receive documents from the sender in that way and not having indicated unwillingness to do so again, (c) the sender’s uploading of a document to an electronic storage system from which the recipient is able to download the document may constitute electronic transmission of the document, where the recipient is sent a notification that the document has been uploaded in that way, (d) a notice transmitted electronically is taken to have been received on the day of transmission unless the contrary is shown. (5) This section does not apply where some other form of delivery is required by rules of court or by order of the court.

.

• (3) Section 187 is repealed.

• (4) The modifications made by subsection (2) have no effect in relation to any document served before 1 October 2022.

Bankruptcy: meaning of “qualified creditor” and “qualified creditors”

20

• (1) The Bankruptcy (Scotland) Act 2016 is modified by subsection (2).

• (2) In section 7(1) (qualified creditor and qualified creditors)—

• (a) in the definition of “qualified creditor”, for “£3,000” substitute “£5,000”,

• (b) in the definition of “qualified creditors”, for “£3,000” substitute “£5,000”.

• (3) The modifications made by subsection (2) have no effect in relation to any sequestration in respect of which the petition was presented before 1 October 2022.

Bankruptcy: remote meetings of creditors

21

• (1) The Bankruptcy (Scotland) Act 2016 is modified as follows.

• (2) In schedule 6 (meetings of creditors and commissioners)—

• (a) for paragraph 13 and the italic heading immediately preceding it substitute—

(13) Every meeting must be held either— (a) in such place (whether or not in the sheriffdom) as is, in the opinion of the person calling the meeting, the most convenient for the majority of the creditors, or (b) by such electronic means as would, in the opinion of the person calling the meeting, be most convenient to allow the majority of the creditors to participate in the meeting without being together in the same place. (13A) Where a meeting is to be held in pursuance of paragraph 13(b), the references in paragraphs 4 and 6 to the place fixed for the holding of the meeting are to be read as references to the electronic means by which attendees are to be able to attend the meeting without being together in the same place.

,

• (b) in paragraph 24—

• (i) for “and place” substitute “, and at the same place or by the same electronic means,”,

• (ii) for “in” to “specified” substitute “the resolution specifies otherwise”.

Diligence

Bank arrestments: protected minimum balance

22

• (1) The Debtors (Scotland) Act 1987 is modified by subsection (2).

• (2) In section 73F (protection of minimum balance in certain bank accounts)—

• (a) in subsection (3), for “mentioned in subsection (4) below” substitute “of £1,000”,

• (b) subsection (4) is repealed,

• (c) in subsection (6)—

• (i) the “and” at the end of paragraph (a)(ii) is repealed,

• (ii) after paragraph (a), insert—

(aa) vary the protected minimum sum mentioned in subsection (3)(a), and

.

• (3) The modifications made by subsection (2) have no effect in relation to an arrestment executed before 1 November 2022.

Period of moratorium on diligence

23

• (1) Section 198 of the Bankruptcy (Scotland) Act 2016 (period of moratorium) is modified as follows.

• (2) In each of the following, for “6 weeks” substitute “6 months”—

• (a) subsection (1)(b)(i),

• (b) subsection (3),

• (c) subsection (5),

• (d) subsection (7).

• (3) In subsection (6)(b), for “13 weeks after the day on which the moratorium began under subsection (1)(a)” substitute “7 weeks after the day on which the moratorium would have ended but for this subsection”.

Power to amend period of moratorium on diligence

24

• (1) The Bankruptcy (Scotland) Act 2016 is modified as follows.

• (2) In section 198 (period of moratorium), after subsection (8), insert—

(9) The Scottish Ministers may by regulations modify this section so as to vary any of the periods specified in subsections (1)(b)(i), (3), (5), (6)(b) or (7).

.

• (3) In section 225 (regulations: general), in subsection (4)(a), after “194(1)” insert “, 198(9)”.

Registration of births

Giving information of particulars of birth remotely

25

• (1) The Registration of Births, Deaths and Marriages (Scotland) Act 1965 is modified as follows.

• (2) In section 14 (duty to give information of particulars of birth)—

• (a) in subsection (1)(b), for “the next following subsection” substitute “subsection (2)”,

• (b) in subsection (1A)—

• (i) in the opening words, the word “by” is repealed,

• (ii) in paragraph (a), before “attending” insert “by”,

• (iii) after paragraph (a), the word “or” is repealed,

• (iv) for paragraph (b) substitute—

(b) in a manner permitted in the circumstances (or any circumstances) by a direction issued by the registrar, or (c) in a manner permitted in the circumstances (or any circumstances) by a direction issued by the Registrar General.

,

• (c) after subsection (1A) insert—

(1B) A person has not discharged the duty under subsection (1) in relation to a birth until the birth registration form containing the information given by the person of the prescribed particulars concerning the birth is attested by, or on behalf of, the person. (1C) References in this section to a birth registration form being attested— (a) by a person are to the person attesting the form— (i) in the prescribed manner in the presence of the district registrar, or (ii) in a manner approved by the Registrar General, (b) on behalf of a person are to the form being attested by the district registrar in a manner approved by the Registrar General (once the person has provided the registrar with any information the registrar requests). (1D) Where there is a way for— (a) a person (“the informant”) to give information of the prescribed particulars of a birth that does not entail the informant attending personally at a registration office, or (b) a birth registration form to be attested that does not entail the informant attesting it in the presence of a district registrar, it is for the informant to choose whether to give the information, or attest the form, that way.

.

• (3) After section 14 insert—

(14A) (1) A direction under section 14(1A)(b) may only permit information to be given in a manner approved by the Registrar General. (2) A direction under section 14(1A)(c) may not make different provision for different areas. (3) A power to issue a direction under section 14(1A) includes the power to revise or revoke an earlier direction issued under the power. (4) Directions under section 14(1A) must be made publicly available. (5) There is no duty to issue any direction under section 14(1A)(b) or (c).

.

• (4) In section 16 (registrar’s power to require information concerning birth to be given)—

• (a) in subsection (1)—

• (i) after “requiring him” insert “before such date (being not less than 8 days and not more than 15 days after the date of service of the notice) as may be specified in the notice”,

• (ii) paragraph (a) is repealed,

• (iii) in paragraph (b), after “birth” insert “in one of the following ways—

(i) by attending personally at the registration office for that district and giving the information to the registrar there; or (ii) in a manner permitted in the circumstances (or any circumstances) by a direction under section 14(1A)(b) or (c)

,

• (iv) for paragraph (c) substitute—

(c) to either— (i) attest, in the prescribed manner, the birth registration form concerning the birth in the presence of the registrar; or (ii) provide the registrar with any information the registrar requests in order for the registrar to attest the form, in a manner approved by the Registrar General, on the person’s behalf.

,

• (b) in subsection (2), for “him to attend personally as aforesaid” substitute “the person to do the things mentioned in subsection (1)(b) and (c)”,

• (c) after subsection (3) insert—

(3A) Where there is a way for— (a) a person on whom a notice under subsection (1) or (2) is served (“the informant”) to give information of the prescribed particulars of a birth that does not entail the informant attending personally at a registration office, or (b) a birth registration form to be attested that does not entail the informant attesting it in the presence of a district registrar, it is for the informant to choose whether to give the information, or attest the form, that way.

.

• (5) In section 16B(2) (registration of births)—

• (a) for “he obtained the attested birth registration by virtue of” substitute “information was given in a manner permitted by a direction under”,

• (b) after “14(1A)(b)” insert “or (c)”.

• (6) In section 18 (which makes provision about registration by a father not married to, or in a civil partnership with, the child’s mother)—

• (a) in subsection (1)(a), for “that person” to “together with” substitute “the birth registration form is to be attested by, or on behalf of, both that person and”,

• (b) in subsection (1A), for “by him” to “the registrar” substitute “by, or on behalf of, that person”,

• (c) after subsection (3) insert—

(4) References in this section to a birth registration form being attested— (a) by a person are to the person attesting the form— (i) in the prescribed manner in the presence of the district registrar, or (ii) in a manner approved by the Registrar General, (b) on behalf of a person are to the form being attested by the district registrar in a manner approved by the Registrar General (once the person has provided the registrar with any information the registrar requests). (5) Where— (a) a person is required by this section to attest a birth registration form, and (b) there is a way for the person to do so that does not entail attesting it in the presence of a district registrar, it is for the person to choose whether to attest the form that way.

.

• (7) In section 18B (births of children where second female parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008)—

• (a) in subsection (1)(a), for “woman concerned shall” to “together with” substitute “birth registration form is to be attested by, or on behalf of, both the woman concerned and”,

• (b) in subsection (2), for “in the presence of the registrar” substitute “, or on her behalf”,

• (c) after subsection (3) insert—

(4) References in this section to a birth registration form being attested— (a) by a person are to the person attesting the form— (i) in the prescribed manner in the presence of the district registrar, or (ii) in a manner approved by the Registrar General, (b) on behalf of a person are to the form being attested by the district registrar in a manner approved by the Registrar General (once the person has provided the registrar with any information the registrar requests). (5) Where— (a) a person is required by this section to attest a birth registration form, and (b) there is a way for the person to do so that does not entail attesting it in the presence of a district registrar, it is for the person to choose whether to attest the form that way.

.

• (8) After section 21 insert—

(21A) In this Part, references to a birth registration form are to the prescribed form in which— (a) a person gives a district registrar information of the prescribed particulars concerning a birth, or (b) a district registrar records information of the prescribed particulars concerning a birth.

.

Registration of deaths

Funeral director giving information of particulars of death

26

• (1) The Registration of Births, Deaths and Marriages (Scotland) Act 1965 is modified as follows.

• (2) In section 23 (duty to give information of particulars of death)—

• (a) after subsection (1) insert—

(1ZA) The duty to give information concerning a death imposed by subsection (1) is discharged in relation to every person upon whom the duty is imposed if the funeral director responsible for arranging the deceased’s funeral gives the information to the district registrar for a registration district on behalf of any of those persons. (1ZB) In subsection (1ZA), “funeral director” has the meaning given by section 31(1) of the Certification of Death (Scotland) Act 2011.

,

• (b) in subsection (1A), after “subsection (1)” insert “or (1ZA)”.

Giving information of particulars of death remotely

27

• (1) The Registration of Births, Deaths and Marriages (Scotland) Act 1965 is modified as follows.

• (2) In section 23 (duty to give information of particulars of death)—

• (a) in subsection (1A)—

• (i) in the opening words, the word “by” is repealed,

• (ii) in paragraph (a), before “attending” insert “by”,

• (iii) after paragraph (a), the word “or” is repealed,

• (iv) for paragraph (b) substitute—

(b) in a manner permitted in the circumstances (or any circumstances) by a direction issued by the registrar, or (c) in a manner permitted in the circumstances (or any circumstances) by a direction issued by the Registrar General.

,

• (b) after subsection (1A) insert—

(1B) A person has not discharged the duty under subsection (1) by giving information to a district registrar until the death registration form containing the information is attested by, or on behalf of, the person. (1C) References in this section to a death registration form being attested— (a) by a person are to the person attesting the form— (i) in the prescribed manner in the presence of the district registrar, or (ii) in a manner approved by the Registrar General, (b) on behalf of a person are to the form being attested by the district registrar in a manner approved by the Registrar General (once the person has provided the registrar with any information the registrar requests). (1D) Where there is a way for— (a) a person (“the informant”) to give information of the prescribed particulars concerning a death that does not entail the informant attending personally at a registration office, or (b) a death registration form to be attested that does not entail the informant attesting it in the presence of a district registrar, it is for the informant to choose whether to give the information, or attest the form, that way.

.

• (3) After section 23 insert—

(23A) (1) A direction under section 23(1A)(b) may only permit information to be given in a manner approved by the Registrar General. (2) A direction under section 23(1A)(c) may not make different provision for different areas. (3) A power to issue a direction under section 23(1A) includes the power to revise or revoke an earlier direction issued under the power. (4) Directions under section 23(1A) must be made publicly available. (5) There is no duty to issue any direction under section 23(1A)(b) or (c).

.

• (4) In section 25 (registrar’s power to require information concerning death to be given)—

• (a) in subsection (1)—

• (i) after “requiring him” insert “before such date (being not less than 8 days nor more than 15 days after the date of service of the notice) as may be specified in the notice”,

• (ii) paragraph (a) is repealed,

• (iii) in paragraph (b), after “death” insert “in one of the following ways—

(i) by attending personally at the registration office for that district and giving the information to the registrar there; or (ii) in a manner permitted in the circumstances (or any circumstances) by a direction under section 23(1A)(b) or (c)

,

• (iv) for paragraph (c) substitute—

(c) to either— (i) attest, in the prescribed manner, the death registration form concerning the death in the presence of the registrar; or (ii) provide the registrar with any information the registrar requests in order for the registrar to attest the form, in a manner approved by the Registrar General, on the person’s behalf.

,

• (b) in subsection (2), for “him to attend personally as aforesaid” substitute “the person to do the things mentioned in subsection (1)(b) and (c)”,

• (c) after subsection (3) insert—

(3A) Where there is a way for— (a) a person on whom a notice under subsection (1) or (2) is served (“the informant”) to give information of the particulars required to be registered concerning a death that does not entail the informant attending personally at a registration office, or (b) a death registration form to be attested that does not entail the informant attesting it in the presence of a district registrar, it is for the informant to choose whether to give the information, or attest the form, that way.

.

• (5) In section 25B(2) (registration of deaths)—

• (a) for “he obtained the attested death registration form by virtue of” substitute “information was given in a manner permitted by a direction under”,

• (b) after “23(1A)(b)” insert “or (c)”.

• (6) After section 28 insert—

(28ZA) In this Part, references to a death registration form are to the prescribed form in which— (a) a person gives a district registrar information of the prescribed particulars concerning a death, or (b) a district registrar records information of the prescribed particulars concerning a death.

.

Further modification of the Registration of Births, Deaths and Marriages (Scotland) Act 1965

Regulations under the 1965 Act

28

• (1) The Registration of Births, Deaths and Marriages (Scotland) Act 1965 is modified as follows.

• (2) In section 54(1A) (regulations), for “prescribing the form of a register of marriages under section 32” substitute “under subsection (1)”.

Civil Partnership Register

Power to make a register electronic

29

• (1) The Civil Partnership Act 2004 is modified as follows.

• (2) In section 95 (further provision as to registration), after subsection (3) insert—

(3ZA) A civil partnership register may, if the Registrar General so determines, be electronic rather than paper-based.

.

Civic licensing

Civic licensing: how hearings may be held

30

• (1) The Civic Government (Scotland) Act 1982 is modified as follows.

• (2) In schedule 1 (licensing: further provisions as to the general system), after paragraph 18A insert—

(18B) (1) A licensing authority may determine that a hearing is to be held— (a) in person, (b) wholly through the use of remote facilities, or (c) partly in person and partly through the use of remote facilities. (2) When determining how a hearing is to be held, a licensing authority must take account of any views given on that issue by any person who notifies the authority of an intention to participate in the hearing. (3) In sub-paragraph (1), “remote facilities” means any equipment or facility which— (a) enables persons who are not in the same place to participate in the hearing, and (b) enables those persons to speak to and be heard by each other (whether or not it enables those persons to see and be seen by each other).

.

• (3) In schedule 2 (control of sex shops and sexual entertainment venues), after paragraph 24A insert—

(24B) (1) A local authority may determine that a hearing is to be held— (a) in person, (b) wholly through the use of remote facilities, or (c) partly in person and partly through the use of remote facilities. (2) When determining how a hearing is to be held, a local authority must take account of any views given on that issue by any person who notifies the authority of an intention to participate in the hearing. (3) In sub-paragraph (1), “remote facilities” means any equipment or facility which— (a) enables persons who are not in the same place to participate in the hearing, and (b) enables those persons to speak to and be heard by each other (whether or not it enables those persons to see and be seen by each other).

.

Civic licensing: how notices may be published

31

• (1) The Civic Government (Scotland) Act 1982 is modified as follows.

• (2) In paragraph 2(8) of schedule 1 (licensing: further provisions as to the general system), after “the authority” insert “, or by publication of a notice on the licensing authority’s website,”.

• (3) In paragraph 7(2) of schedule 2 (control of sex shops and sexual entertainment venues), after “area” insert “, or by publishing an advertisement on the local authority’s website,”.

• (4) In section 45B(6)(d) (licensing of sexual entertainment venues)—

• (a) sub-paragraph (i) is repealed,

• (b) in sub-paragraph (ii), sub-paragraphs (3A) and (3B) of the inserted text are repealed.

Alcohol licensing

Alcohol licensing: how hearings may be held

32

• (1) The Licensing (Scotland) Act 2005 is modified as follows.

• (2) After section 133 insert—

(133A) (1) A Licensing Board may determine that a hearing is to be held— (a) in person, (b) wholly through the use of remote facilities, or (c) partly in person and partly through the use of remote facilities. (2) When determining how a hearing is to be held, a Licensing Board must take account of any views given on that issue by any person who notifies the Board of an intention to participate in the hearing. (3) In subsection (1), “remote facilities” means any equipment or facility which— (a) enables persons who are not in the same place to participate in the hearing, and (b) enables those persons to speak to and be heard by each other (whether or not it enables those persons to see and be seen by each other).

.

• (3) In paragraph 12 of schedule 1 (proceedings)—

• (a) before sub-paragraph (1) insert—

(A1) A Licensing Board may determine that a meeting is to be held— (a) in person, (b) wholly through the use of remote facilities, or (c) partly in person and partly through the use of remote facilities. (A2) When determining how a meeting is to be held, a Licensing Board must take account of any views given on that issue by any person who notifies the Board of an intention to participate in the meeting.

,

• (b) after sub-paragraph (2) insert—

(2A) Where a meeting is held wholly or partly through the use of remote facilities, a Licensing Board complies with the requirement mentioned in sub-paragraph (2) by enabling the public to observe the meeting through the use of remote facilities (for example, by making a web link to the meeting publicly available).

,

• (c) after sub-paragraph (6) insert—

(7) In this paragraph, “remote facilities” means any equipment or facility which— (a) enables persons who are not in the same place to participate in the meeting, and (b) enables those persons to speak to and be heard by each other (whether or not it enables those person to see and be seen by each other).

.

Land registration

Electronic submission of copies of deeds and writs to Registers of Scotland

33

• (1) The Land Registration etc. (Scotland) Act 2012 is modified by subsection (2).

• (2) In section 21 (application for registration of deed), after subsection (4) insert—

(5) For the purposes of this section, submission by electronic means of a copy of the deed is sufficient evidence of the original for the purposes of accepting an application for registration. (6) But subsection (5) applies only where submission of the copy is by a means (and in a form) which is specified on the Keeper’s website as being acceptable. (7) In subsection (5), the reference to submission by electronic means is to submission— (a) by means of an electronic communications network (for example as an attachment to an email), or (b) by other means but in a form which requires the use of electronic apparatus by the recipient to render the thing delivered intelligible. (8) In this section— - “electronic communications network” has the meaning given by section 32 of the Communications Act 2003, - “the Keeper’s website” means the website maintained by, or on behalf of, the Keeper of the Registers of Scotland.

.

• (3) The Land Registers (Scotland) Act 1868 is modified by subsection (4).

• (4) In section 6A (provision for writs transmitted electronically to general register of sasines)—

• (a) in subsection (1), the words “which is an electronic document” are repealed,

• (b) after subsection (5) insert—

(6) For the purposes of this section, submission by electronic means of a copy of the writ is sufficient evidence of the original for the purposes of accepting an application. (7) But subsection (6) applies only where submission of the copy is by a means (and in a form) which is specified on the Keeper’s website as being acceptable. (8) In subsection (6), the reference to submission by electronic means is to submission— (a) by means of an electronic communications network (for example as an attachment to an email), or (b) by other means but in a form which requires the use of electronic apparatus by the recipient to render the thing delivered intelligible. (9) In this section— - “electronic communications network” has the meaning given by section 32 of the Communications Act 2003, - “the Keeper’s website” means the website maintained by, or on behalf of, the Keeper of the Registers of Scotland.

.

Register of Inhibitions: electronic signature of documents

34

• (1) The Bankruptcy and Diligence etc. (Scotland) Act 2007 is modified as follows.

• (2) After section 148 insert—

(148A) (1) This section applies in relation to a document which is required or permitted to be registered or recorded in the Register of Inhibitions. (2) An electronic signature fulfils any requirement (however expressed) that the document be signed in order to be registered or recorded in the Register. (3) Any requirement (however expressed) that the document be given to the Keeper in order to be registered or recorded in the Register may be fulfilled by transmitting it to the Keeper electronically. (4) For the purposes of subsection (3), the document must be transmitted by a means (and in a form) which is specified on the Keeper’s website as being acceptable for those purposes. (5) In this section— - “document” includes a copy of a document, - “electronic signature” is to be construed in accordance with section 7(2) of the Electronic Communications Act 2000, but includes a version of an electronic signature which is reproduced on a paper document, - “the Keeper” means the Keeper of the Registers of Scotland, - “the Keeper’s website” means the website maintained by, or on behalf of, the Keeper of the Registers of Scotland.

.

Legal aid and advice

Claim for interim payment of fees and outlays

35

• (1) The Legal Aid (Scotland) Act 1986 is modified by subsections (2) to (4).

• (2) In section 4 (Scottish Legal Aid Fund)—

• (a) in subsection (2)—

• (i) in paragraph (a), for “section 4A(13)” substitute “sections 4A(13) and 33(6)”,

• (ii) after paragraph (ac) insert—

(ad) such sums as are, by virtue of section 33ZB of this Act, due out of the Fund to a solicitor or counsel in connection with the provision of legal aid or advice and assistance;

,

• (b) in subsection (3), after paragraph (ad) insert—

(ae) any sums payable to the Board by a solicitor or counsel by virtue of section 33ZC of this Act;

.

• (3) In section 33 (fees and outlays of solicitors and counsel)—

• (a) after subsection (3B) insert—

(3BA) But subsection (3B) does not preclude a solicitor from being paid out of the Fund under section 4(2)(ad) following a claim for interim payment made under section 33ZB in respect of the professional services and outlays mentioned in subsection (3A).

,

• (b) in subsection (3C), the word “however,” is repealed,

• (c) after subsection (5) insert—

(6) Where a sum is paid out of the Fund under section 4(2)(ad) in connection with the provision of legal aid or advice and assistance, that sum must be deducted from the sum payable to the solicitor or counsel under section 4(2)(a) in connection with the provision of the legal aid or advice and assistance.

.

• (4) After section 33ZA insert—

(33ZB) (1) A claim for interim payment may be submitted to the Board by— (a) a solicitor who is acting for a person by providing legal aid or advice and assistance under this Act, (b) counsel who is acting for a person by providing legal aid under this Act. (2) A claim for interim payment must— (a) be submitted in the manner specified by the Board, (b) include a declaration from the solicitor or (as the case may be) counsel that the sum claimed does not exceed the sum that the solicitor or counsel would expect to be paid under section 4(2)(a) in connection with the provision of the legal aid or advice and assistance. (3) If a claim for interim payment is submitted to the Board, the sum claimed must be paid out of the Fund in accordance with section 4(2)(ad) to the solicitor or counsel who submitted the claim. (4) But the Board may reject the claim if it appears to it that the sum claimed is likely to exceed the sum it would expect to be payable to the solicitor or counsel under section 4(2)(a) in connection with the provision of the legal aid or advice and assistance. (5) In forming an expectation about the sum payable under section 4(2)(a), for the purposes of subsections (2) and (4), no account is to be taken of the deduction that would be made under section 33(6) if the claim for interim payment were met. (33ZC) (1) This section applies where— (a) a sum has been paid out of the Fund under section 4(2)(ad) to a solicitor or counsel while providing legal aid or advice and assistance, and (b) the solicitor or counsel is no longer providing the legal aid or advice and assistance. (2) Where the sum paid out of the Fund exceeds the sum that would, but for section 33(6), be payable under section 4(2)(a) in connection with the provision of the legal aid or advice and assistance, the solicitor or (as the case may be) counsel is liable to the Board for the difference between the sums. (3) A firm is jointly and severally liable for a sum owed by a solicitor to the Board by virtue of subsection (2) if the interim payment referred to in that subsection was made to the firm on the solicitor’s instruction. (4) Where— (a) a firm is jointly and severally liable to the Board for a sum by virtue of subsection (3), and (b) a separate sum is due to be paid out of the Fund to the firm, on the instruction of a solicitor, the Board may deduct all or part of the sum mentioned in paragraph (a) from the sum mentioned in paragraph (b). (5) This section is without prejudice to any other enactment or rule of law under which the difference between the sums mentioned in subsection (2) may be recovered.

.

• (5) Regulation 11 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989 (S.I. 1989/1490) is revoked.

Freedom of information

Freedom of information: giving notice electronically

36

• (1) The Freedom of Information (Scotland) Act 2002 is modified as follows.

• (2) In section 74(1)(a) (giving of notice etc.)—

• (a) after sub-paragraph (i), the word “or” is repealed,

• (b) after sub-paragraph (ii) insert “, or

(iii) transmitted by electronic means,

.

Mental health

Mental health: removal of need for witnessing of signature of nominated person

37

• (1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is modified as follows.

• (2) In section 250(2A) (nomination of named person)—

• (a) after paragraph (b), the word “and” is repealed,

• (b) paragraph (c) is repealed.

Care services

Care services: giving of notices by SCSWIS

38

• (1) The Public Services Reform (Scotland) Act 2010 is modified as follows.

• (2) For section 101 (giving of notice) substitute—