Coronavirus (Scotland) (No.2) Act 2020

2020 asp 10 · Enacted 26 May 2020 · Extends to Scotland

An Act of the Scottish Parliament to make provision in connection with coronavirus; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th May 2020 and received Royal Assent on 26th May 2020

Part 1: Main provisions
Key expression
1Meaning of “coronavirus” Repealed
Protection of the individual
2Protection of the individual
Justice
3Operation of the justice system Repealed
Reports, accounts and other documents
4Reports, accounts and other documents Repealed
Other measures in response to coronavirus
5Other measures in response to coronavirus Repealed
Part 2: Supporting and final provisions
Supporting provisions
6Advancement of equality and non-discrimination
7Subordinate legislation making powers
8Power to suspend and revive provisions
9Expiry
10Power to bring forward expiry
11Power to amend Act in consequence of amendments to subordinate legislation
Reporting requirements
12Reports by the Scottish Ministers on the status of provisions
13Reviews: information about domestic abuse
14Reports by the Scottish Ministers on coronavirus-related instruments
General
15Ancillary provision
16Commencement
17Short title
Schedule 1: Protection of the individual
Part 1: Student residential tenancy: termination by tenant
Interpretation of this Part
1Paragraph 1 Repealed
Tenant's ability to bring tenancy to an end
2Paragraph 2 Repealed
Requirements for notice to be given by tenant
3Paragraph 3 Repealed
Part 2: Tenancies: pre-action requirements for order for possession or eviction order on ground of rent arrears
Assured and short assured tenancy
4Paragraph 4 Repealed
Private residential tenancy
5Paragraph 5 Repealed
Part 3: Carer's allowance supplement
6Paragraph 6 Repealed
Part 4: Social care staff support fund
7Paragraph 7
Part 5: Bankruptcy
Electronic service of documents
8Paragraph 8 Repealed
Financial criteria for minimal asset process
9Paragraph 9 Repealed
Meaning of “qualified creditor”
10Paragraph 10 Repealed
Deadline for sending proposals for debtor's contribution
11Paragraph 11 Repealed
Virtual meetings of creditors
12Paragraph 12 Repealed
Electronic signature of forms
13Paragraph 13 Repealed
Fees for debtor applications
14Paragraph 14 Repealed
Part 6: Mental health: named person nomination
15Paragraph 15 Repealed
Part 7: Care homes
Emergency directions
16Paragraph 16 Repealed
Emergency intervention orders
17Paragraph 17 Repealed
Part 8: Powers to purchase care home services and care at home providers
Power of local authority to purchase distressed care home or care at home service provider
18Paragraph 18 Repealed
Power of health body to purchase distressed care home service provider
19Paragraph 19 Repealed
Circumstances in which powers under this Part may be exercised
20Paragraph 20 Repealed
Interpretation
21Paragraph 21 Repealed
Part 9: Care homes: further provision
Inspections
22Paragraph 22 Repealed
Reporting on coronavirus deaths
23Paragraph 23 Repealed
Part 10: Marriage and civil partnership
24Paragraph 24 Repealed
Schedule 2: Operation of the justice system
Part 1: Criminal justice
Criminal proceedings: extension of time limits
1Paragraph 1 Repealed
Arrangements for the custody of persons detained at police stations
2Paragraph 2 Repealed
3Paragraph 3 Repealed
4Paragraph 4 Repealed
5Paragraph 5 Repealed
Expiry of undertaking under section 25(2)(a) of the Criminal Justice (Scotland) Act 2016
6Paragraph 6 Repealed
Fixed penalty notices under the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020
7Paragraph 7 Repealed
Part 2: Proceeds of crime
Extension of permitted period for purpose of confiscation order
8Paragraph 8 Repealed
Time limits for payment of confiscation orders
9Paragraph 9 Repealed
Part 3: Intimation, etc. of documents
Replacement of requirement for intimation on walls of court, etc.
10Paragraph 10 Repealed
Schedule 3: Reports, accounts and other documents
Part 1: Reports, etc. under the Climate Change (Scotland) Act 2009
1Paragraph 1 Repealed
Part 2: Accounts of registered social landlords
Extension of deadline for accounts
2Paragraph 2 Repealed
Part 3: Accounts under the Public Finance and Accountability (Scotland) Act 2000
3Paragraph 3 Repealed
Part 4: Housing (Scotland) Act 1987: statement under section 33B
Referral of application for accommodation to another local authority: extension of deadline for Ministerial statement
4Paragraph 4 Repealed
Schedule 4: Other measures in response to coronavirus
Part 1: UEFA European Championship
1Paragraph 1 Repealed
Part 2: Listed buildings and conservation areas: consents
Extension of period of consent
2Paragraph 2 Repealed
Part 3: Registers kept by the Keeper of the Registers of Scotland
Register of Inhibitions
3Paragraph 3 Repealed
Register of judgments
4Paragraph 4 Repealed
Part 4: Care services: giving of notices by the Care Inspectorate
5Paragraph 5 Repealed
Part 5: Land and buildings transaction tax: additional amount
6Paragraph 6 Repealed
Part 6: Non-domestic rates relief
Special power in respect of financial year 2020-21
7Paragraph 7 Repealed
Relief to be provided to the newspaper publishing industry
8Paragraph 8 Repealed
Part 7: Execution of documents, etc.
9Paragraph 9 Repealed
Part 8: Freedom of information
Modification of Coronavirus (Scotland) Act 2020
10Paragraph 10 Repealed
11Paragraph 11 Repealed
Reporting on Scottish Ministers' responses to requests for information
12Paragraph 12 Repealed
Part 9: Low emission zones
13Paragraph 13 Repealed
Part 10: Council tax: exempt dwellings
14Paragraph 14 Repealed
Part 11: Traffic Regulation
15Paragraph 15 Repealed
Part 12: Restriction on giving grant to businesses connected to tax havens
16Paragraph 16 Repealed

1Meaning of “coronavirus”F1

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2Protection of the individual

~~F1~~F2Schedule 1 contains modifications to the law in response to coronavirus in relation to various matters concerning the protection of the individual.~~~~

3Operation of the justice systemF1

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4Reports, accounts and other documentsF1

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5Other measures in response to coronavirusF1

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6Advancement of equality and non-discrimination

(~~F11~~)

~~In exercising a function conferred by virtue of Part 1 (including a function of making subordinate legislation), the Scottish Ministers must have regard—~~

(a)

~~to the importance of communicating in an inclusive way,~~

(b)

~~to opportunities to advance equality and non-discrimination.~~

(2)

~~In subsection (1)(a), “communicating in an inclusive way~~” means communicating in a way that ensures that individuals who have difficulty communicating (in relation to speech, language or otherwise) can receive information and express themselves in ways that best meet each individual's needs.

(3)

~~Section 9 (advancement of equality and non-discrimination) of the Coronavirus (Scotland) Act 2020 is amended by subsections (4) to (6).~~

(4)

~~The existing text becomes subsection (1).~~

(5)

~~In that subsection, for “regard” substitute~~

“~~regard—~~
(a)
~~to the importance of communicating in an inclusive way,~~”.
(b)

(6)

~~After that subsection insert—~~

“(2)
~~In subsection (1)(a), “communicating in an inclusive way~~” means communicating in a way that ensures that individuals who have difficulty communicating (in relation to speech, language or otherwise) can receive information and express themselves in ways that best meet each individual's needs.”.

7Subordinate legislation making powers

A power to make subordinate legislation conferred by virtue of Part 1 includes power to make—

(a)

incidental, supplementary, consequential, transitional, transitory or saving provision,

(b)

different provision for different purposes or areas.

8Power to suspend and revive provisionsC1

(1)

The Scottish Ministers may by regulations—

(a)

suspend the operation of any provision of Part 1,

(b)

revive the operation of a provision so suspended.

(2)

Sections 15 to 17 of the Interpretation and Legislative Reform (Scotland) Act 2010 (effect of repeals) apply to the suspension of a provision by regulations under subsection (1)(a) as if the provision had been repealed by an Act.

(3)

The powers in subsection (1) may be exercised more than once in relation to the same provision.

(4)

Regulations under this section may make—

(a)

different provision for different purposes or areas,

(b)

consequential provision,

(c)

transitional, transitory or saving provision.

(5)

The power under subsection (4)(b) and (c) includes power to modify any enactment (including this Act).

(6)

Regulations under this section—

(a)

which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,

(b)

otherwise, are subject to the negative procedure.

9Expiry

(1)

Part 1 expires F1at the end of F230 September 2022.

(2)

Subsection (1) is subject to section 10 (power to bring forward expiry).

F3(3)

The Scottish Ministers may by regulations amend subsection (1) so as to replace “31 March 2022” with “30 September 2022”.

(5)

Regulations under subsection (3) are subject to the affirmative procedure.

(6)

F4At the same time as laying a draft Scottish statutory instrument containing regulations under subsection (3) before the Scottish Parliament in accordance with section 29(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (instruments subject to affirmative procedure), the Scottish Ministers must lay before the Parliament a statement of their reasons why the regulations should be made.

F5(7)

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(8)

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(9)

The Scottish Ministers may by regulations make—

(a)

consequential provision,

(b)

transitional, transitory or saving provision,

in connection with the expiry under subsection (1) of any provision of this Act.

(10)

Regulations under subsection (9) may—

(a)

make different provision for different purposes or areas,

(b)

modify any enactment (including this Act).

(11)

Regulations under subsection (9)—

(a)

which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,

(b)

otherwise, are subject to the negative procedure.

10Power to bring forward expiry

C1(1)

The Scottish Ministers may by regulations provide that any provision of Part 1—

(a)

does not expire at the time when it would otherwise expire (whether by virtue of section 9 or previous regulations under this section), and

(b)

expires instead at such earlier time as is specified in the regulations.

(2)

Regulations under this section may make—

(a)

different provision for different purposes or areas,

(b)

consequential provision,

(c)

transitional, transitory or saving provision.

(3)

The power under subsection (2)(b) and (c) includes power to modify any enactment (including this Act).

(4)

Regulations under this section—

(a)

which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,

(b)

otherwise, are subject to the negative procedure.

11Power to amend Act in consequence of amendments to subordinate legislation

(1)

The Scottish Ministers may by regulations modify any provision of this Act which modifies the effect of a provision of subordinate legislation.

(2)

The power in subsection (1) may be exercised only if the modification is necessary in consequence of the modification of the provision of the subordinate legislation by other subordinate legislation.

(3)

Regulations under subsection (1) may make transitional, transitory or saving provision.

(4)

Regulations under subsection (1) must be laid before the Scottish Parliament as soon as reasonably practicable after they have been made.

(5)

Regulations under subsection (1) 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, they are approved by resolution of the Scottish Parliament.

(6)

In calculating the period of 28 days for the purpose of subsection (5), no account is to be taken of any period during which the Scottish Parliament is—

(a)

in recess for more than 4 days, or

(b)

dissolved.

(7)

If regulations cease to have effect as a result of subsection (5), that does not—

(a)

affect the validity of anything previously done under them, or

(b)

prevent the making of new regulations.

12Reports by the Scottish Ministers on the status of provisions

(1)

The Scottish Ministers must, in respect of each reporting period—

(a)

undertake a review of the operation of the provisions of Part 1 with a view to considering whether those provisions remain necessary, and

(b)

prepare a report on that review.

(2)

A report prepared under subsection (1) must—

(a)

set out how any powers conferred by the provisions of Part 1 have been exercised, and

(b)

include—

(i)

the status of the provisions of Part 1 (whether or not any power under a provision has been exercised), and

(ii)

a statement that the Scottish Ministers are satisfied that the status of those provisions is appropriate.

(3)

The references in subsection (2) to the “status” of a provision are to—

(a)

whether the provision is in force at the end of the reporting period, and

(b)

whether any power under the following provisions has been exercised by the Scottish Ministers in relation to it during that period (and, if so, how)—

(i)

section 8 (power to suspend and revive provisions),

(ii)

section 10 (power to bring forward expiry).

(4)

Each of the following is a “reporting period”—

(a)

the period beginning with the day after Royal Assent and ending on 31 July 2020,

(b)

each successive period of 2 months that ends during the period before Part 1 expires by virtue of section 9(1).

(5)

The Scottish Ministers must lay each report under subsection (1) before the Scottish Parliament no later than 14 days after the expiry of a reporting period.

13Reviews: information about domestic abuse

(1)

The Scottish Ministers must—

(a)

in undertaking a review under section 12(1)(a), take account of any information about the nature and number of incidents of domestic abuse occurring during the reporting period to which the review relates given to them, or published, by—

(i)

the Scottish Police Authority, or

(ii)

the chief constable of the Police Service of Scotland, and

(b)

explain in the report on that review prepared under section 12(1)(b) how the information was taken account of.

(2)

The Coronavirus (Scotland) Act 2020 is amended by subsection (3).

(3)

After section 15 (reports by the Scottish Ministers on status of provisions), insert—

“Reviews: information about domestic abuse
15A
(1)
The Scottish Ministers must—
(a)
in undertaking a review under section 15(1)(a), take account of any information about the nature and number of incidents of domestic abuse occurring during the reporting period to which the review relates given to them, or published, by—
(i)
the Scottish Police Authority, or
(ii)
the chief constable of the Police Service of Scotland, and
(b)
explain in the report on that review prepared under section 15(1)(b) how the information was taken account of.
(2)
In subsection (1)(a), “reporting period” means a period mentioned in section 15(4)(b).”.

14Reports by the Scottish Ministers on coronavirus-related instruments

(1)

The Scottish Ministers must, in respect of each reporting period—

(a)

undertake a review of all Scottish statutory instruments (other than excepted instruments)—

(i)

made by them, and

(ii)

the main purpose of which is to make provision for a reason relating to coronavirus, and

(b)

prepare a report on that review.

(2)

A report prepared under subsection (1) must, in relation to each instrument—

(a)

set out—

(i)

its title,

(ii)

the powers under which it was made,

(iii)

the parliamentary procedure to which it was subject, and

(iv)

the period for which it has effect,

(b)

include—

(i)

its status, and

(ii)

a statement that the Scottish Ministers are satisfied that its status is appropriate.

(3)

The references in subsection (2)(b) to the “status” of an instrument are to whether the provision made by the instrument is in force at the end of the reporting period.

(4)

Each of the following is a “reporting period”—

(a)

the period beginning with the day after Royal Assent and ending on 31 July 2020,

(b)

each successive period of 2 months that ends during the period before Part 1 expires by virtue of section 9(1).

(5)

The Scottish Ministers must lay each report under subsection (1) before the Scottish Parliament no later than 14 days after the expiry of a reporting period.

(6)

In subsection (1)(a), “excepted instruments” means Scottish statutory instruments containing provision made under a power conferred by virtue of—

(a)

this Act,

(b)

the Coronavirus (Scotland) Act 2020, or

(c)

the Coronavirus Act 2020.

15Ancillary provision

(1)

The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, or in connection with, or for giving full effect to this Act or any provision made under it.

(2)

Regulations under subsection (1) may modify any enactment (including this Act).

(3)

Without prejudice to section 6 of the Interpretation and Legislative Reform (Scotland) Act 2010 (power to revoke, amend and re-enact), the Scottish Ministers may by regulations modify any regulations made under subsection (1) in consequence of—

(a)

the exercise of a power under section 8 (power to suspend and revive provisions),

(b)

the expiry of a provision of this Act under section 9 (expiry),

(c)

the exercise of a power under section 10 (power to bring forward expiry).

(4)

Regulations under subsection (3) may make transitional, transitory or saving provision.

(5)

Regulations under this section—

(a)

which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,

(b)

otherwise, are subject to the negative procedure.

16Commencement

(1)

This Act comes into force on the day after Royal Assent.

(2)

The Scottish Ministers may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.

17Short title

The short title of this Act is the Coronavirus (Scotland) (No.2) Act 2020.

1F1

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3F1

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6F1

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7F1

(1)

~~F2The Scottish Ministers must, as soon as practicable after Royal Assent, establish and maintain a fund to be known as the “social care staff support fund”.~~

(2)

~~The Scottish Ministers must use the fund to provide financial assistance to workers in the social care sector—~~

(a)

whose ability to undertake contracted health and care work is, or has been, restricted, for a reason relating to coronavirus (such as, but not limited to, inability to work in multiple or linked workplaces), and

(b)

~~as a result of that restriction, whose income is reduced and consequently would experience, or are experiencing, financial hardship during the period when Part 1 is in force.~~

(3)

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

(4)

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(5)

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(6)

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(7)

~~In sub-paragraph (2), the “~~~~social care sector~~~~” includes any care service within the meaning given in section 47 of the Public Services Reform (Scotland) Act 2010.~~

Coronavirus (Scotland) (No.2) Act 2020

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