Coronavirus (COVID-19) legislation

A collection of documents relating to coronavirus legislation.

Introduction

The temporary Scottish Coronavirus Acts expired on 30 September 2022. The Scottish Government’s priorities are to continue to lead Scotland safely through and out of the Covid pandemic and to address inequalities made worse by Covid, progressing towards a wellbeing economy, and accelerating inclusive, person-centred public services.

On 28 June 2022 the Parliament passed the Coronavirus (Recovery and Reform) (Scotland) Act 2022 to help Scotland recover from the pandemic and ensure greater resilience against future public health threats. Please see the news release for the Bill passing.

As part of learning lessons from the Covid pandemic, the Act updates the statute book to embed reforms in Scotland’s public services and justice system. These were necessitated by the pandemic and have delivered improvements for service users and improved efficiency. Furthermore, the Act continues certain temporary justice system provisions on a longer extension basis as a response to the impact of Covid on the justice system. The Act supports our updated Covid Strategic Framework and our Covid Recovery Strategy

Other relevant coronavirus information

The temporary Scottish Coronavirus Acts

The Recovery and Reform Act makes changes in 35 specific legislative areas, many of which originated in temporary Scottish and UK Covid legislation that has now expired. For example the Act allows local authorities to issue directions so that birth and death registrations can be done remotely, without the need to attend in person, unless those making the registration wish to do so;

The temporary Scottish Coronavirus Acts were the Coronavirus (Scotland) Act 2020, passed on 1 April 2020, and the Coronavirus (Scotland) (No.2) Act 2020, passed on 20 May 2020. The Coronavirus (Extension and Expiry) (Scotland) Act 2021, passed on 24 June 2021 removed (expired) provisions from these Acts that were no longer required and initially extended those still required until the end of March 2022. On 22 March 2022, Parliament agreed to further extend certain of those provisions and certain UK Coronavirus Act 2020 provisions for which the Scottish Parliament gave legislative consent, to the end of September 2022.

Where the Scottish ministers proposed the extension of Scottish Coronavirus Act provisions by secondary legislation, they are required to lay before the Parliament a formal Statement of Reasons:

Reports on coronavirus legislation

We also publish reports every two months on provisions in the Scottish Coronavirus Acts and provisions in the UK Act for which the Scottish Parliament gave legislative consent, plus secondary legislation whose main purpose is coronavirus related. These are below. Statutory reports concerning the Freedom of Information (Scotland) Act 2002 specifically are published on the freedom of information (FOI): document collection.

A special report was published under the Extension and Expiry Act in September 2021 on our response to the pandemic, including measures on marriage ceremonies and civil partnerships, support for businesses and a range of other policy areas:

Other coronavirus-related Acts

The Scottish General Election (Coronavirus) Act 2021, passed by the Scottish Parliament on 23 December 2020, made arrangements for the 6 May 2021 Scottish Parliament general election which were considered necessary to mitigate the public health effects of the Covid pandemic. The Act does not apply to any other national or local election.

The Carer's Allowance Supplement (Scotland) Act 2021 was passed by the Scottish Parliament on 7 October 2021 and ensured carers in Scotland who get Carer’s Allowance Supplement received a further Coronavirus Carer’s Allowance Supplement, by way of an increased payment of the Carer’s Allowance Supplement, in December 2021. The Act also contains an enabling provision that allows for a more flexible approach to future payments should this be required. See the news release for the bill passing. For more information about financial support available to carers see our carer benefits pages.

As well as this, the Scottish Parliament passed the Coronavirus (Discretionary Compensation for Self-isolation) (Scotland) Act 2022 on 9 February 2022 to support health boards’ response to Covid and management of their compensation duties during the pandemic. See the news release about the Bill passing.

The Non-Domestic Rates (Coronavirus) (Scotland) Act 2022 was passed by the Scottish Parliament on 21 June 2022. The Act rules out Covid appeals on non-domestic properties on the basis that market-wide economic changes to rateable values, such as from Covid, should only be considered at revaluation in order to ensure fairness to all ratepayers, and that it is not appropriate to use the material change of circumstances provisions in the non-domestic rates legislation in relation to Covid, or Covid restrictions. See the news release for the Bill passing.

Consultations

Our consultation on a Covid Recovery and Reform Bill ran for 12 weeks between 17 August and 9 November 2021. Consultation responses received (where permission to publish has been given) can be found on our consultation portal. We published a consultation analysis on 26 January 2022. Please also see our news release for the consultation launch.

A disability consultation workshop was co-hosted on 26 October 2021 with Disability Equality Scotland, to hear what people with lived experience of disability think about Covid recovery and changes to the law. An easy read document was co-produced with Disability Equality Scotland to support participation in this workshop.

Our four-week consultation on a Coronavirus (Discretionary Compensation for Self-isolation) (Scotland) Bill, which ended on 24 September 2021, can be found on our consultation portal. We published a consultation analysis and response on 21 October 2021.

Revocation notices

Coronavirus - Powers relating to potentially infectious persons

Published: 24 March 2022

Revocation under Schedule 21, Part 3, para 25(2) and (3) of the Coronavirus Act 2020.

In accordance with section 51 and paragraph 25(2) and (3) of Part 3 of schedule 21 of the Coronavirus Act, the Scottish Ministers give notice that they cease to be of the view that the provisions in Part 3 of schedule 21 are considered as an effective means of delaying or preventing significant further transmission of coronavirus in Scotland. The declaration made by them under section 51 of and paragraph 25 (1) of Part 3 of schedule 21 of that Act on 27 March 2020, and the declaration made under the same provisions on 7th April 2020 for clarification, are revoked.

Before revoking these declarations, the Scottish Ministers have consulted with the Chief Medical Officer, as required by paragraph 25(5) of Part 3 of schedule 21 of the Coronavirus Act 2020.

Coronavirus - Powers to issue directions relating to event, gatherings and premises

Published: 10 December 2021

Revocation under Schedule 22, Part 3, para 13(3) of the Coronavirus Act 2020.

The Scottish Ministers give notice that the declaration made by the Scottish Ministers under section 52 of and paragraph 13(1) of Part 3 of schedule 22 of the Coronavirus Act 2020 on 25 March 2020 and the supplementary declaration made by the Scottish Ministers on 30 March 2020 are revoked.

Before revoking these declarations, the Scottish Ministers have consulted with the Chief Medical Officer, as required by paragraph 13(4) of Schedule 22 of the Coronavirus Act 2020.

Back to top