Coronavirus Acts: fifteenth and final report to Scottish Parliament (October 2022)

6. Status update

6.1. Table One below provides detail on the status and operation of the temporary provisions under Part 1 of the first and second Scottish Acts, and the temporary and permanent provisions of the UK Act for which the Scottish Parliament gave legislative consent.

6.2. Where provisions are now expired but were in operation during the reporting period, these have been marked as "in operation". The present tense is therefore used in describing how those provisions operated.

6.3. Where it is indicated in Table One that provisions have previously expired as they are 'spent' provisions, this may mean that the provisions make amendments to other legislation and therefore the provisions themselves no longer need to remain in force. The operation of section 15(2)(d) of the Interpretation and Legislative Reform (Scotland) Act 2010 means that the expiry of these provisions does not affect the amendments they have made to other legislation. The effect of the expiry is simply to remove the 'spent' provisions in each of the Scottish Acts. Other provisions have been described as 'spent' as they no longer have any practical effect as their purpose has now been served.

6.4 As outlined above, this approach to reporting has ensured that the Parliament is given as much information as is available across all of the provisions in the relevant legislation, but with a particular emphasis on those provisions which have been identified as being likely to have the most significant impacts or interest. Where supplementary information has been provided, this is indicated within the 'operation of the provision in the reporting period' column within Table One, and further information is provided at section 7. For descriptions of the provisions, please refer to the ninth report.

Table One – Status and operation of provisions

(Provisions in rows marked in grey have been expired (see in PDF format only). For descriptions of the provisions, please refer to the ninth report)

Ref. 1.

Act: First Scottish Act

Provision: Section 2 and schedule 1 – Eviction from dwelling-houses

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

Supplementary information provided – see section 7.1.1 for further information.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022 expired the provisions relating to extended notice periods on 30 March 2022, subject to saving and transitional provision.

The remaining provisions expired at end of 30 September 2022. See also Part 4 of the Recovery and Reform Act.

Ref. 2.

Act: First Scottish Act

Provision: Section 3 and schedule 2 – Temporary extension of moratoria on diligence

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

Section 3, schedule 2, paragraphs 2 and 3 (moratorium on diligence: multiple applications) expired at the end of 30 September 2021 as part of the Extension and Expiry Act.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

All remaining provisions expired on 30 September 2022. See also section 23 of the Recovery and Reform Act.

Ref. 3.

Act: First Scottish Act

Provision: Section 4 and schedule 3 – Children and vulnerable adults – Part 1 – Children

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Children's Hearings have reverted back to pre-pandemic legislation. Additional Rules of Procedure commenced on 26 July 2021 which allows for Children's Hearings to take place virtually if required to do so.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

Paragraph 2(2)^[6] expired on 30 March 2021 and paragraph 6 on 29 September 2020.^[7] As part of the Extension and Expiry Act, all remaining provisions of Schedule 3, Part 1 expired at the end of 30 September 2021, subject to transitional and saving provisions.^[8] See also section 42 of the Recovery and Reform Act.

Ref. 4.

Act: First Scottish Act

Provision: Section 4 and schedule 3 – Children and vulnerable adults – Part 2 – Vulnerable adults

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Paragraph 11(1) expired on 29 September 2020^[9] and the rest of Paragraph 11 was suspended as from 30 September 2020^[10].

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

All remaining provisions expired as part of the Extension and Expiry Act at the end of 30 September 2021.

Ref. 5.

Act: First Scottish Act

Provision: Section 5 and schedule 4, Part 1 – Courts and tribunals: conduct of business by electronic means

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

These provisions continue to support key elements of the Justice Recovery programme, enabling Court and tribunal business to continue and helping address the backlog built up due to the pandemic. For example, they have minimised the number of paper documents in circulation and the number of people required to attend buildings, and they have facilitated the use of video link for hearings from police custody so that hearings could proceed safely when an accused person was thought to have coronavirus.

They also enable the continued use of remote jury centres. The Scottish Courts and Tribunals Service has begun the phased decommissioning of remote jury centres, but while that is still underway, provisions have continued to support the transition.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provisions expired at the end of 30 September 2022. See also Part 1 of the Schedule of the Recovery and Reform Act.

Ref. 6.

Act: First Scottish Act

Provision: Section 5 and schedule 4, Part 2 - Fiscal fines

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

This provision enables a wider range of summary cases to be dealt with by fiscal fine and, thereby, mitigate the impact of coronavirus on the justice system.

In the period since 7 April 2020 up until 31 August 2022, 30,197 people or approximately 24% of individuals who received a first marking action for a Direct Measure were offered a fiscal fine. Over the same time period, 886 people or 3% of individuals offered a fiscal fine have been issued a fine amount above the previous scale maximum of £300.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provisions expired at the end of 30 September 2022. See also Part 2 of the Schedule of the Recovery and Reform Act.

Ref. 7.

Act: First Scottish Act

Provision: Section 5 and schedule 4, Part 3 - Cases beginning with an appearance from custody

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

The provision, which enables custody proceedings to be heard in any sheriff court in Scotland by a sheriff of any sheriffdom, no matter where the alleged offence took place, creates the necessary flexibility to ensure the continued safe and effective operation of custody courts during the coronavirus pandemic and allows the court to deal with guilty pleas and move them out of the court system, and in doing so, minimise the number of cases that have to be transferred to local court.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provisions expired at the end of 30 September 2022. See also Part 4 of the Schedule of the Recovery and Reform Act.

Ref. 8.

Act: First Scottish Act

Provision: Section 5 and schedule 4, Part 4 - Extension of time limits

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

See section 7.1.2 for additional information.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provisions expired at the end of 30 September 2022. See also Part 5 of the Schedule of the Recovery and Reform Act.

Ref. 9.

Act: First Scottish Act

Provision: Section 5 and schedule 4, Part 5 - Evidence

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

As part of the Extension and Expiry Act, this provision expired at the end of 30 September 2021 subject to saving provision in the Coronavirus (Extension and Expiry) (Scotland) Act 2021 (Evidence) (Saving Provision) Regulations 2021.

Ref. 10.

Act: First Scottish Act

Provision: Section 5 and schedule 4, Part 6 - Community orders

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

The power to vary community payback orders remained available during the reporting period but has not been used since the Community Order (Coronavirus) Scotland Regulations 2021 came into force in March 2021. Unpaid work and other activity requirements continue to be extended to at least 12 months.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The remaining provisions expired at the end of 30 September 2022.

Saving provision

The Coronavirus (Scotland) Acts 2020 (Saving Provision) Regulations 2022 (SSI 2022/261) contain saving provision to save the 12 month period in relation to completion of community payback orders with unpaid work and other activity requirements imposed before the end of 30 September 2022.

Ref. 11.

Act: First Scottish Act

Provision: Section 5 and schedule 4, Part 7 - Parole Board

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation (paragraph 17 only).

The provisions allow the functions of the Chairperson of the Parole Board for Scotland to be delegated to other members of the Board should the Chairperson be incapacitated or absent for any reason.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The remaining provisions expired at the end of 30 September 2022. See also section 41 of the Recovery and Reform Act.

Ref. 12.

Act: First Scottish Act

Provision: Section 5 and schedule 4, Part 8 - Release of prisoners

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

The provisions have not been used in the reporting period. See section 7.1.3 for additional information.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provisions expired at end of 30 September 2022. See also Part 5 of the Recovery and Reform Act.

Ref. 13.

Act: First Scottish Act

Provision: Section 5 and schedule 4, Part 9 - Legal Aid

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provisions expired at the end of 30 September 2022. See also section 35 of the Recovery and Reform Act.

Ref. 14.

Act: First Scottish Act

Provision: Section 6 and schedule 5 – Alcohol licensing and section 7 and schedule 6, Part 1 – Licensing other than alcohol licensing

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

Licensing authorities and licencing boards continue to make use of the provisions. For example, holding virtual licence hearings/meetings to progress day to day licensing business due to the coronavirus pandemic and physical distancing requirements as suggested in Scottish Government Guidance.

The provisions enable the licensing regime to function effectively and to ensure, as far as practicable, people do not lose licenses through no fault of their own.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The remaining provisions expired at the end of 30 September 2022.

See also sections 30, 31 and 32 of the Recovery and Reform Act.

Saving provision

The Coronavirus (Scotland) Acts 2020 (Saving Provision) Regulations 2022 (SSI 2022/261) makes a number of saving provisions for alcohol and civic licensing regimes.

Ref. 15.

Act: First Scottish Act

Provision: Section 7 and schedule 6, Part 2 – Freedom of Information (FOI)

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Expired

Section 7, schedule 6, part 2, paragraph 6 – The provisions of paragraph 6 allowing the Commissioner to take account of the impact of coronavirus expired on 30 September 2021. However, provisions of the Extension and Expiry Act continue the provision in effect in relation to any request made under FOISA on or before 30 September 2021.

In operation

Section 7, schedule 6, part 2, paragraph 7 - The provision at paragraph 7, expressly allowing the issuance of formal notices under the Freedom of Information (Scotland) Act 2002 by electronic means operates.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The remaining provision expired at end of 30 September. See also Part 3, Section 36 of the Recovery and Reform Act.

Ref. 16.

Act: First Scottish Act

Provision: Section 7 and schedule 6, Part 3 - Duties in respect of reports and other documents

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

These are generic provisions that apply to reporting and publication requirements across the public sector.

The power to postpone reporting should only be used as necessary to enable public authorities to focus on the coronavirus response. Given the aim of reducing undue burdens, it would be disproportionate to request authorities to report on the individual uses of these powers.

Expired

The provision expired at end of 30 September 2022.

Ref. 17.

Act: First Scottish Act

Provision: Section 7 and schedule 6, Part 4 - Local Authority meetings

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

This provision provides local authorities with the flexibility to only provide hard copies or extracts of a document requested by a member of the public in their offices if it is reasonably practicable to do so and is now no longer compulsory.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

Paragraph 13 expired as part of the Extension and Expiry Act at the end of 30 September 2021.

The remaining paragraphs were expired on 30 March 2022 by the Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022.

Ref. 18.

Act: First Scottish Act

Provision: Section 7 and schedule 6, and Part 5 – Duties under the Public Finance and Accountability (Scotland) Act 2000

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Expired

As part of the Extension and Expiry Act, these provisions expired at the end of 30 September 2021.

Ref. 19.

Act: First Scottish Act

Provision: Section 8 and schedule 7, paragraphs 1 - 5 – Social security

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

Paragraphs 1(a), 2,3 and 4 were expired on 29 September 2020 by the Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2020.

Paragraphs 1(b) and 5 expired at the end of 30 September 2021 by Extension and Expiry Act.

Ref. 20.

Act: First Scottish Act

Provision: Section 8 and schedule 7, paragraphs 6 and 7 – Irritancy clauses in commercial leases: nonpayment of rent or other sums due

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

These provisions were expired on 30 March 2022 by the Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022.

Ref. 21.

Act: First Scottish Act

Provision: Section 8 and schedule 7, paragraphs 8 to 10 – Duration of planning permission

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

It would be disproportionate to request authorities or applicants to report on the individual uses of these powers.

The Scottish Government continues to liaise with stakeholders as part of the ongoing review of the operation and continued necessity of these provisions.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The remaining provisions expired at the end of 30 September 2022.

Saving provision

The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2022 (SSI 2022/66) contain saving provisions so that the permission or consent durations of planning permission, listed building consent and conservation area consent extended on or before 30 September 2022 last until 31 March 2023.

Ref. 22.

Act: First Scottish Act

Provision: Section 8 and schedule 7, paragraphs 11 to 19 – Land Registration

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

The portal for the submission of digital applications to the Land Register and Register of Sasines continues to operate successfully.

Expired

The advance notice provisions (paras 15 to 19) were fully expired by 30 June 2021.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The remaining provisions expired at end of 30 September 2022. See also section 33 of the Recovery and Reform Act.

Ref. 23.

Act: First Scottish Act

Provision: Section 8 and schedule 7 paragraphs 20 to 22 – Anatomy Act

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

As cremations have generally been able to proceed without issue, albeit with further advanced planning, this provision was expired on 30 March 2021 by SSI 2021/93^[11].

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

Ref. 24.

Act: First Scottish Act

Provision: Section 8 and schedule 7, paragraphs 23 to 30 – Scrutiny of subordinate legislation in urgent cases

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

As part of the Extension and Expiry Act, the provision expired at the end of 30 September 2021.

Ref. 25.

Act: First Scottish Act

Provision: Section 8 and schedule 7, paragraph 31 – Business Improvement Districts

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

These provisions were expired on 30 June 2021 by the Coronavirus (Scotland) Act 2020 (Early Expiry of Provisions) Regulations 2021

Ref. 26.

Act: First Scottish Act

Provision: Section 8 and schedule 7, paragraphs 32 and 33 – Muirburn

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

The provision was expired on 30 March 2021 by SSI 2021/93^[12].

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

Ref. 27.

Act: Second Scottish Act

Provision: Section 2 and schedule 1, Part 1 – Student residential tenancy: termination by tenant

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provisions expired at end of 30 September 2022.

The provisions were previously suspended on 1 July 2022 by the Coronavirus (Scotland) (No. 2) Act 2020 (Suspension: Termination of Student Residential Tenancy) Regulations 2022.

Ref. 28.

Act: Second Scottish Act

Provision: Section 2 and schedule 1, Part 2 – Tenancies: pre-action requirements for order for possession or eviction order on ground of rent arrears

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

The provisions apply during the reporting period. The Rent Arrears Pre Action Requirements (Coronavirus) (Scotland) Regulations 2020 (SSI 2020/304) came into force on 30 September 2020. See section 7.2.1 for additional information.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provision expired at end of 30 September 2022. See also Part 4 of the Recovery and Reform Act.

Ref. 29.

Act: Second Scottish Act

Provision: Section 2 and schedule 1, Part 3 – Coronavirus Carer's Allowance Supplement

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

As part of the Extension and Expiry Act, the provision expired at the end of 30 September 2021.

Ref. 30.

Act: Second Scottish Act

Provision: Section 2 and schedule 1, Part 4 Social Care Staff Support Fund

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

The Social Care Staff Support Fund (Coronavirus) (Scotland) Regulations 2020 established the Fund and operate.

No amending regulations have been made during this reporting period.

Paragraph 7 makes provision to require the Scottish Ministers to establish a Social Care Staff Support Fund as soon as is practicable when the second Scottish Act came into force. The provisions set out what the fund is to be used for and require the Scottish Minsters to make further provision by regulations about the establishment, maintenance and administration of the fund.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provision expired at the end of 30 September 2022.

Saving provision

The Coronavirus (Scotland) Acts 2020 (Saving Provision) Regulations 2022 (SSI 2022/261) contain saving provision to enable the continued processing and payment of claims on the Social Care Staff Support Fund for absences up to and including 30 September. The savings provision allows for processing to take place until 31 March 2023.

Ref. 31.

Act: Second Scottish Act

Provision: Section 2 and schedule 1, Part 5 – Bankruptcy

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Partially in operation

In operation

Paragraphs 8, 10 and 12 of Part 5 of Schedule 1 – these include increased minimum debt level for creditor petition bankruptcy along with provisions enabling electronic service of documents and virtual meetings in bankruptcy procedures.

Expired

Paragraphs 9, 11, 13 and 14 of Part 5 of Schedule 1 - as set out in the ninth report to Parliament, these provisions have been made permanent through The Bankruptcy (Miscellaneous Amendments) (Scotland) Regulations 2021 which commenced on 29 March 2021

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The remaining provisions expired on 30 September 2022. See also sections 19, 20 and 21 of the Recovery and Reform Act.

Ref. 32.

Act: Second Scottish Act

Provision: Section 2 and schedule 1, Part 6 – Mental health: named person nomination

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

These provisions retain all the safeguards for the patient and apply to minimise any delay in the operation of the Mental Health Tribunal Scotland which is responsible for determining certain detention applications in terms of the Mental Health (Care and Treatment) (Scotland) Act 2003. In addition, this change ensures that people can continue to be treated and cared for in a way which respects their rights and allows services to be delivered effectively.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provisions expired at the end of 30 September 2022. See also Part 3, section 37 of the Recovery and Reform Act.

Ref. 33.

Act: Second Scottish Act

Provision: Section 2 and schedule 1, Part 7 – Care Homes

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Although these powers have been commenced and are available, they have not been used in this reporting period. Health Boards have not required to exercise their power of a direction over care homes using this legislation. Consequently, Health Boards have not had to use the corresponding power under section 63B of the Public Services Reform (Scotland) Act 2010 to act when said direction has not been complied with Scottish Ministers have not required to make an application to the courts for an Emergency Intervention Order in relation a care home under these powers. The Care Inspectorate updates Ministers of any care home providers with which they have serious concerns and provide regular updates to them to enable emergency action to be taken quickly if required. No further regulations have been made under powers in section 65B during this fifteenth and final reporting period.

See section 7.2.2 for additional information.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provisions expired at end of 30 September 2022.

Ref. 34.

Act: Second Scottish Act

Provision: Section 2 and schedule 1, Part 8 – Powers to purchase care home services and care at home providers

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

These powers have not been used in the reporting period. Neither a health body nor a Local Authority has acquired a care home, nor has a Local Authority acquired a care at home service, under these voluntary purchase powers. Consequently, Scottish Ministers have not required to direct a health body to seek voluntarily acquisition of a care home under these powers. See section 7.2.3 for additional information.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provisions expired at end of 30 September 2022.

Ref. 35.

Act: Second Scottish Act

Provision: Section 2 and schedule 1, Part 9 – Care homes: further provisions

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

These provisions were suspended at the end of 30 September 2021 - and have not been used over this reporting period.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provisions expired at end of 30 September 2022.

Ref. 36.

Act: Second Scottish Act

Provision: Section 2 and schedule 1, Part 10 – Marriage and civil partnership

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

This provision was suspended on 30 March 2021 by SSI 2021/93^[13].

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

As part of the Extension and Expiry Act these provisions expired at the end of 30 September 2021

Ref. 37.

Act: Second Scottish Act

Provision: Section 3 and schedule 2, Part 1 – Criminal justice - Criminal proceedings: extension of time limits

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

See section 7.1.2 for additional information.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provisions expired at the end of 30 September 2022. See also Part 5 of the Schedule of the Recovery and Reform Act.

Ref. 38.

Act: Second Scottish Act

Provision: Section 3 and schedule 2 and Part 1 Criminal justice - Arrangements for the custody of persons detained at police stations

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

These provisions continue to be necessary to support the operation of vital custody hubs across Scotland, particularly to minimise the transfer of detained persons who are either suspected or confirmed as having coronavirus symptoms.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provisions expired at the end of 30 September 2022. See also section 40 of the Recovery and Reform Act.

Ref. 39.

Act: Second Scottish Act

Provision: Section 3 and schedule 2, Part 1 Criminal justice - Expiry of undertaking under section 25(2)(a) of the Criminal Justice (Scotland) Act 2016

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

See section 7.2.5 for additional information.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provisions expired at the end of 30 September 2022. See also Part 3 of the Schedule of the Recovery and Reform Act.

Ref. 40.

Act: Second Scottish Act

Provision: Section 3 and schedule 2, Part 1 – Criminal Justice – Fixed Penalty Notices under the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 have been revoked. Regulations^[14] in place since then provide that a police officer^[15] can only issue a Fixed Penalty Notice where the officer believes that the person is aged 18 or over. This provision is therefore no longer necessary and was expired on 30 March 2021 by SSI 2021/93^[16].

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired as a spent provision

Ref. 41.

Act: Second Scottish Act

Provision: Section 3 and schedule 2, Part 2 – Proceeds of Crime

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

Crown Office & Procurator Fiscal Service (COPFS) has indicated that it is not presently facing the same level of disruption for confiscation hearings due to the impact of the pandemic. Cases are currently being called timeously and hearings are scheduled promptly when requested.

In relation to extension of the permitted period in terms of s.99(4), there have been no applications applied for since the fourteenth report.

Over this period three enforcement cases under s116A were applied for. One application was granted, one refused and one still subject to decision.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provisions expired at the end of 30 September 2022. See also Part 6 of the Schedule of the Recovery and Reform Act.

Ref. 42.

Act: Second Scottish Act

Provision: Section 3 and schedule 2, Part 3 – Intimation, etc. of documents

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

Whilst all court and tribunal buildings and the Office of the Public Guardian are open for business, there is continuing use of virtual and remote hearings, reducing footfall in court premises.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provisions expired at the end of 30 September 2022. See also Part 1 of the Schedule of the Recovery and Reform Act.

Ref. 43.

Act: Second Scottish Act

Provision: Section 4 and schedule 3, Part 1 – Reports, etc. under the Climate Change (Scotland) Act 2009

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired as a spent provision

Ref. 44.

Act: Second Scottish Act

Provision: Section 4 and schedule 3, Part 2 – Accounts of registered social landlords

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired as a spent provision

Ref. 45.

Act: Second Scottish Act

Provision: Section 4 and schedule 3, Part 3 – Accounts under the Public Finance and Accountability (Scotland) Act 2000

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired as a spent provision

Ref. 46.

Act: Second Scottish Act

Provision: Section 4 and schedule 3, Part 4 – Housing (Scotland) Act 1987: statement under section 33B

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired as a spent provision

Ref. 47.

Act: Second Scottish Act

Provision: Section 5 and schedule 4, Part 1 – UEFA European Championship

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired as a spent provision

Ref. 48.

Act: Second Scottish Act

Provision: Section 5 and schedule 4, Part 2 – Listed buildings and conservation areas: consents

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

It would be unduly burdensome to request authorities or applicants to report on the individual uses of these powers. Whilst construction sites are permitted to remain open, it may take some time to deal with the backlog of developments. The Scottish Government will continue to liaise with stakeholders as part of the ongoing review of the operation and continued necessity of these provisions.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The remaining provisions expired at the end of 30 September 2022.

Saving provision

The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2022 (SSI 2022/66) contain saving provisions so that the permission or consent durations of planning permission, listed building consent and conservation area consent extended on or before 30 September 2022 last until 31 March 2023.

Ref. 49.

Act: Second Scottish Act

Provision: Section 5 and schedule 4, Part 3 – Registers kept by the Keeper of the Registers of Scotland

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

The portal for the submission of digital applications to the Register of Inhibitions and Register of Judgments is operating successfully.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provisions expired at end 30 September 2022.

Ref. 50.

Act: Second Scottish Act

Provision: Section 5 and schedule 4, Part 4 – Care services: giving of notices by the Care Inspectorate

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

Care Inspectorate staff have access to its premises. Their offices are open to visitors and the body can receive postal correspondence. However, the Care Inspectorate have indicated a preference to continue to serve notices electronically and on the wider list of persons provided through the provisions. As of 1 September 2022 this power has been used by the Care Inspectorate in relation to 5,714 matters for the issuing of notices relating to registration, variation of conditions of registration and enforcement action.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provisions expired at the end of 30 September 2022. See also Part 3, section 38 of the Recovery and Reform Act.

Ref. 51.

Act: Second Scottish Act

Provision: Section 5 and schedule 4, Part 5 – Land and Buildings Transaction Tax: additional amount

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired as a spent provision

Ref. 52.

Act: Second Scottish Act

Provision: Section 5 and schedule 4, Part 6 – Non-Domestic Rates relief

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired as a spent provision

Ref. 53.

Act: Second Scottish Act

Provision: Section 5 and schedule 4, Part 7 – Execution of documents, etc.

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

Scottish Government safer workplaces guidance continues to encourage employers to facilitate hybrid and flexible working. These provisions continue to support this position, allowing solicitors, advocates and notaries public to execute documents and administer oaths etc, remotely or in person.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provisions expired at the end of 30 September 2022. See also section 39 of the Recovery and Reform Act.

Ref. 54.

Act: Second Scottish Act

Provision: Section 5 and schedule 4, Part 8 – Freedom of information

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

Paragraph 12 remained in operation.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provision expired at end of 30 September. However, for completeness the Scottish Government has produced a final report covering the period 27 July – 30 September, which is being published alongside this report.

Ref. 55.

Act: Second Scottish Act

Provision: Section 5 and schedule 4, Part 9 – Low emission zones

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Spent provision expired on 30 March 2021 by SSI 2021/93^[17].

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

Ref. 56.

Act: Second Scottish Act

Provision: Section 5 and schedule 4, Part 10 – Council Tax: exempt dwellings

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

Expired on 30 March 2022 by the Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022.

Ref. 57.

Act: Second Scottish Act

Provision: Section 5 and schedule 4, Part 11 – Traffic Regulation

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Provision expired on 30 March 2021 by SSI 2021/93^[18].

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

Ref. 58.

Act: Second Scottish Act

Provision: Section 5 and schedule 4, Part 12 - Restriction on giving grant to businesses connected to tax havens

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

Applicants must meet conditions in relation to tax havens (as defined by the EU list of non-cooperative jurisdictions) to be eligible recipients of grant funding from Ministers or any public body.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provision expired at the end of 30 September 2022.

Ref. 59.

Act: UK Act

Provision: Section 2 and schedule 1 – Emergency registration of nurses and other healthcare professionals

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

The provision has continued to operate in the same way as the previous operating period. On 24 March 2022, the temporary registration of new applicants ended and the relevant regulators no longer accepted professionals onto the temporary register.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

These expired on 24 March 2022 except in so far as they make provision about a person who has been registered in any register by virtue of Schedule 1 or make provision for or in connection with the revocation of a person's registration.

Ref. 60.

Act: UK Act

Provision: Section 4 and schedule 3 – Emergency arrangements concerning medical practitioners: Scotland

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

This expired on 24 March 2022 and there are transitional provisions in place to ensure routine administrative processes resume safely.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

This expired on 24 March 2022 and there are transitional provisions in place to ensure routine administrative processes resume safely.

Ref. 61.

Act: UK Act

Provision: Section 7 and schedule 6 - Temporary registration of social workers: Scotland

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The temporary register closed on 24 March 2022. The current Ministerial Direction has been revoked from that date.

The sector has been made aware of the closure of the register and SSSC will contact all those still on the register directly to advise that the register is closing and their names will be removed.

Ref. 62.

Act: UK Act

Provision: Section 10 and schedule 9 - Temporary modification of mental health legislation

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

This expired on 24 March 2022.

Ref. 63.

Act: UK Act

Provision: Section 12 – Indemnity for health services activity: Scotland

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation The Scottish Ministers issued a direction^[19] on 7 April 2020 under existing powers (the NHS (Scotland) Act 1978) to Health Boards to indemnify staff engaged in the coronavirus response.

As directions were made under existing powers in the first reporting period, the provisions around indemnity arrangements under section 12 of the UK Act have not had to be used by Health Boards in this reporting period. Professional negligence claims relating to coronavirus treatment received during the pandemic may still be under investigation or otherwise pending.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

In force

No change to status since last reporting period. This section remains in force by virtue of section 89(2) of the Act.

Ref. 64.

Act: UK Act

Provision: Section 16 – Duty of Local Authority to assess needs: Scotland, and section 17 – section 16: further provision

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation - Section 16.

In operation - Section 17.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

Section 16 expired on 24 March 2022.

In force

Section 17 remains in force by virtue of section 89(2) of the Act.

Ref. 65.

Act: UK Act

Provision: Section 18 and schedule 13 - Registration of deaths and stillbirths etc.

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

The provisions continue to operate successfully in this reporting period, facilitating remote registration of deaths and still-births to the same standard of accuracy as in-person registration but without unnecessary exposure to coronavirus, and given the efficiency of the process to enable Local Authorities to better address other remaining registration priorities such as birth and marriage/civil partnership.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provisions (with the exception of transitional paragraphs 15 and 16 read with paragraph 10) expired on 24 September 2022. See also sections 25 to 27 of the Recovery and Reform Act.

Ref. 66.

Act: UK Act

Provision: Section 20 and schedule 14 – Review of Medical Certificate of Cause of Death and cremation: Scotland

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Part 1

Use of the power that was in operation for part of the first reporting period was revoked by direction on 11 May 2020.

Rather than full suspension, Ministers can choose to reduce the percentage of random reviews to be undertaken, as a temporary measure. This is by agreement and does not require legislative change. Parliament are notified via a letter to the Health and Sport Committee.

Part 2

Use of the powers that were in operation from 8 April 2020 to 22 July 2021 were revoked by determination on 22 July 2021.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

These provisions expired on 24 March 2022.

Ref. 67.

Act: UK Act

Provision: Section 22 - Appointment of temporary Judicial Commissioners

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

This expired on 24 March 2022.

Ref. 68.

Act: UK Act

Provision: Section 23 – Time limits in relation to urgent warrants under Investigatory Powers Act

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

Expired by The Coronavirus Act 2020 (Early Expiry) (No. 2) Regulations 2021 with effect from 9 Dec 2021.

Ref. 69.

Act: UK Act

Provision: Sections 25 to 29 and schedule 15 – Food supply

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

These provisions were expired in July 2021, having never been brought into force.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

Expired by The Coronavirus Act 2020 (Early Expiry) Regulations 2021 which came into force on 16 July 2021.

Ref. 70.

Act: UK Act

Provision: Sections 34 and 35 – Temporary disapplication of disclosure offences: Scotland and Power to reclassify certain disclosure requests: Scotland

Operation of the provision in reporting period fifteen (ending 30 September 2022):

No longer in operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

These provisions expired on 24 March 2022.

Ref. 71.

Act: UK Act

Provision: Section 36 – Vaccination and immunisation: Scotland

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

The provisions operated in this reporting period.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The provision expired on 24 September 2022. See also section 4 of the Recovery and Reform Act.

Ref. 72.

Act: UK Act

Provision: Section 37 and schedule 16, Part 2 and section 38 and schedule 17, Part 2 – Temporary closure of educational institutions and childcare premises, and temporary continuity: education, training and childcare

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

The remaining powers under section 37 and Part 2 of schedule 16 have not been used in the reporting period. The powers under section 38 and Part 2 of schedule 17 have not been used in the reporting period.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

The remaining provisions expired on 24 September 2022. See also Chapter 1 of Part 2 of the Recovery and Reform Act.

Ref. 73.

Act: UK Act

Provision: Section 46 – NHS pension schemes: suspension of restrictions on return to work: Scotland

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

These provisions expired on 24 March 2022.

Ref. 74.

Act: UK Act

Provision: Section 49 and schedule 19 – Health Protection Regulations: Scotland

Operation of the provision in reporting period fifteen (ending 30 September 2022):

In operation

See section 7.3.1 for additional information.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

These provisions expired on 24 September 2022. See also section 1 of the Recovery and Reform Act.

Ref. 75.

Act: UK Act

Provision: Section 51 and schedule 21, Part 3 – Powers relating to potentially infectious persons

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

These provisions expired on 24 March 2022.

Ref. 76.

Act: UK Act

Provision: Section 52 and schedule 22, Part 3 – Powers to issue directions relating to events, gatherings and premises

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Not in operation

The powers have been expired.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

Section 52 and Parts 1 (so far as it applies to Scotland) and 3 of Schedule 22 were expired on 12 December by the Coronavirus Act 2020 (Early Expiry of Provisions) (Scotland) Regulations 2021.

Ref. 77.

Act: UK Act

Provision: Section 58 and schedule 28 – Powers in relation to transportation, storage and disposal of dead bodies etc.

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Suspended

The powers have not been used in the reporting period.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Expired

These provisions expired on 24 March 2022.

Ref. 78.

Act: UK Act

Provision: Sections 69 and 70 - Postponement of elections: Scotland

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Section 69 – not in operation

The provision would only have been relevant if a vacancy for a Scottish Parliament constituency seat occurred during the period of the provision being in force.

Section 70 – not in operation

In the eighth reporting period the provision was not in operation. The provision was used a total of 20 times to postpone 13 by-elections during it being in force.

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

Spent

The provisions have no effect after 6 May 2021 (date of the Scottish Parliament election), but remain on the statute book by virtue of section 89(2) of the UK Act. Primary legislation is required to repeal them.

Ref. 79.

Act: UK Act

Provision: Section 75 – Financial assistance for industry (disapplication of limit under section 8 of the Industrial Development Act 1982)

Operation of the provision in reporting period fifteen (ending 30 September 2022):

Subsections (2) and (3) not in operation

Status at the end of reporting period fifteen (30 September 2022) and details of any change of status since last reporting period:

In force

Subsections (2) and (3) expired on 24 March 2022.