Publication - Progress report

Coronavirus Acts: fifth report to Scottish Parliament (February 2021)

Published: 11 Feb 2021

Information on the status and operation of the provisions under Part 1 of the first and second Scottish Coronavirus Acts in this reporting period (1 December – 31 January) and the relevant provision of the UK Act.

Coronavirus Acts: fifth report to Scottish Parliament (February 2021)
Footnotes

Footnotes

1 The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 13) Regulations 2021

2 - The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 15) Regulations 2021 (legislation.gov.uk)

3 Coronavirus Acts: first report to Scottish Parliament - https://www.gov.scot/publications/coronavirus-acts-two-monthly-report-scottish-parliament/

4 Coronavirus Acts: second report to Scottish Parliament - https://www.gov.scot/publications/coronavirus-acts-second-report-scottish-parliament/

5 Coronavirus Acts: third report to Scottish Parliament - https://www.gov.scot/publications/coronavirus-acts-third-report-scottish-parliament/

6 Coronavirus Acts: fourth report to Scottish Parliament - https://www.gov.scot/publications/coronavirus-acts-fourth-report-scottish-parliament/

7 The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2020 - https://www.legislation.gov.uk/ssi/2020/299/contents/made

8 Coronavirus (Scotland) Act 2020 and the Coronavirus (Scotland) (No.2) Act 2020 - proposed extension: statement of reasons - https://www.gov.scot/publications/proposed-extension-coronavirus-scotland-act-2020-coronavirus-scotland-no-2-act-2020-statement-reasons/

9 The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2020 - https://www.legislation.gov.uk/ssi/2020/249/introduction/made

10 The Bankruptcy (Miscellaneous Amendments) (Scotland) Regulations 2021 (legislation.gov.uk)

11 The Homeless Persons (Unsuitable Accommodation) (Scotland) (Modification and Revocation) (Coronavirus) Order 2021 (legislation.gov.uk)

12 The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2020 -https://www.legislation.gov.uk/ssi/2020/249/pdfs/ssipn_20200249_en.pdf

13 Submission from SHRC to COVID-19 Committee - https://www.parliament.scot/Meeting%20Papers/20200916CVDMeetingSubmissions.pdf

14 The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 13) Regulations 2020 - https://www.legislation.gov.uk/ssi/2020/261/resources

15 The Health Protection (Coronavirus) (Restrictions and Requirements) (Scotland) Regulations 2020 - https://www.legislation.gov.uk/ssi/2020/279/resources

16 The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 - https://www.legislation.gov.uk/ssi/2020/344/resources

17 Two monthly report on the status of the non-devolved provisions of the Coronavirus Act 2020: January 2021 https://www.gov.uk/government/publications/coronavirus-act-report-january-2021

18 Coronavirus Act report: May 2020 - https://www.gov.uk/government/publications/coronavirus-act-report-may-2020

19 Two monthly report on the status of the non-devolved provisions of the Coronavirus Act 2020: July 2020 https://www.gov.uk/government/publications/coronavirus-act-report-july-2020/two-monthly-report-on-the-status-on-the-non-devolved-provisions-of-the-coronavirus-act-2020-july-2020

20 Coronavirus Act report: September 2020 -https://www.gov.uk/government/publications/coronavirus-act-report-september-2020

21 Two monthly report on the status of the non-devolved provisions of the Coronavirus Act 2020: November 2020 https://www.gov.uk/government/publications/coronavirus-act-report-november-2020

22 Coronavirus (COVID-19): Justice Analytical Services Data Report - December 2020 - gov.scot (www.gov.scot)

23 The Community Orders (Coronavirus) (Scotland) Regulations 2021

24 https://www.legislation.gov.uk/sdsi/2021/9780111049105/introduction

25 NEW COURT ARRANGEMENTS FROM TUESDAY 12 JANUARY 2021 (scotcourts.gov.uk)

26 https://www.legislation.gov.uk/ssi/2020/469/contents/made

27 Report on the Scottish Ministers’ handling of requests for information under the Freedom of Information (Scotland) Act 2002 for the period from 27 September to 26 November 2020: https://www.gov.scot/publications/coronavirus-scotland-no-2-act-2020-third-report-scottish-ministers-responses-requests-information-under-freedom-information-scotland-act-2002/

28 Scottish Ministers indemnity cover direction - https://www.sehd.scot.nhs.uk/publications/DC20200407negligence.pdf

29 Coronavirus Act 2020 (C.7): direction under paragraph 2(4) of Schedule 14 - gov.scot (www.gov.scot)

30 Coronavirus Act 2020 (C.7): determination under paragraph 8(1) of Schedule 14 (Cremations) - https://www.gov.scot/publications/coronavirus-act-2020-c7-direction-under-paragraph-81-of-schedule-14/

31 The Investigatory Powers (Temporary Judicial Commissioners and Modification of Time Limits) Regulations 2020 -

http://www.legislation.gov.uk/uksi/2020/360/made

32 The Investigatory Powers (Temporary Judicial Commissioners and Modification of Time Limits) Regulations 2020 - https://www.legislation.gov.uk/uksi/2020/360/made

33 Provision of routine vaccinations and immunisations (Coronavirus Outbreak) (Scotland) Directions 2020 - https://www.sehd.scot.nhs.uk/publications/DC20200407Delivery_vaccinations_immunisations_coronavirus.pdf

34 The Coronavirus (Scotland) Act 2020 (Eviction from Dwelling-houses) (Notice Periods) Modification Regulations 2020 - https://www.legislation.gov.uk/ssi/2020/270/made

35 The Health Protection (Coronavirus) (Protection from Eviction) (Scotland) Regulations 2020 SSI 2020/425 The Health Protection (Coronavirus) (Protection from Eviction) (Scotland) Regulations 2020 (revoked) (legislation.gov.uk)

36 Scottish Government Labour Market Trends December 2020

37 Universal Credit Scotland Dashboard, December 2020

38 Office for National Statistics financial resilience analysis

39 YouGov survey - https://yougov.co.uk/topics/economy/articles-reports/2020/09/04/third-renters-worry-about-affording-food

40 https://www.resolutionfoundation.org/publications/coping-with-housing-costs-six-months-on/

41 Joseph Rowntree Foundation survey of Scottish households - https://www.jrf.org.uk/press/almost-third-scots%E2%80%99-incomes-have-reduced-lockdown-half-affected-renters-worried-about-paying

42 Scottish Housing Regulator monthly Covid-19 dashboards - https://www.housingregulator.gov.scot/landlord-performance/national-reports/monthly-covid-19-dashboards/full-dataset-from-all-landlords-from-april-to-november-2020

43 Joseph Rowntree Foundation research findings - https://www.jrf.org.uk/blog/government-can-provide-housing-lifeline-coming-economic-storm

44 Bespoke analysis provided by PayProp, based on residential clients in Scotland who processed funds in all 5 months January to May 2020.

45 PayProp UK Special Report: 2020 in review - https://f.hubspotusercontent10.net/hubfs/8690612/Downloads/PayProp%20UK%20Special%20Report%20%E2%80%93%202020%20in%20review.pdf

46 Joseph Rowntree Foundation briefing - https://www.jrf.org.uk/report/stronger-scottish-lifeline-economic-storm

47 Social tenants in Scotland 2017 - https://www.gov.scot/publications/social-tenants-scotland-2017/pages/1/

48 Resolution Foundation: young workers in the coronavirus crisis - https://www.resolutionfoundation.org/app/uploads/2020/05/Young-workers-in-the-coronavirus-crisis.pdf

49 Scottish household survey 2019: annual report - https://www.gov.scot/publications/scottish-household-survey-2019-annual-report/

50 Social tenants in Scotland 2017 - https://www.gov.scot/publications/social-tenants-scotland-2017/pages/1/

51 Scottish household survey 2018: annual report - https://www.gov.scot/publications/scotlands-people-annual-report-results-2018-scottish-household-survey/

52 Coronavirus (Scotland) Act 2020 – Guidance on looked-after children and children’s hearings provisions - https://www.chip-partnership.co.uk/wp-content/uploads/2020/04/Coronavirus-Scotland-Act-2020.pdf

53 This data was provided by SCRA.

54 This data was provided by the SCTS.

55 This data is from Children’s Hearings Scotland (CHS). It comes from reports from Area Support Teams (AST) from 7 April – 6 May and from 7 May onwards, data is drawn from survey of Panel Members feedback on hearings in which they participated and from AST reports. 317 responses were received, of which 276 were completed in full and 41 completed in part. It should be noted that the survey responses do not reflect reports on 100% of hearings. However, the National Convener also required AST to report when the powers have been used.

56 For the second reporting period, CHS introduced a new survey collecting information on the composition of panels at hearings. Returns reporting on 826 hearings were received.

57 The data for the third reporting period onward is a combination of responses to the survey on the composition of panels at hearings, and AST notifications to the National Convener of when the powers have been used.

58 The data on this provision and all of the children’s hearings provisions that follow is from the SCRA. Its case management system was not set up for recording the detail of this legislation so generating figures has been complex. As the report is based on live operational data it will be subject to change over time. SCRA’s live operational data is regularly adjusted by staff‎ when issues with data integrity become apparent and as cases progress. This is especially prevalent in SCRA data where the time between the reporting period and the production of the report is short.

59 https://www.chip-partnership.co.uk/wp-content/uploads/2020/11/CHIP-Recovery-Plan-2020-2021-FINAL.pdf

60 This is likely to be undercounted as a result of the way SCRA’s new case management system records IVCSOs (Interim Variation of a Compulsory Supervision Order) – any undercount may be captured in the count of Compulsory Supervision Orders with secure accommodation authorisation.

61 The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2020 Policy Note - https://www.legislation.gov.uk/ssi/2020/249/policy-note/contents

62 Adults with Incapacity Emergency Legislation Commencement Consideration Group https://www.gov.scot/groups/adults-with-incapacity-emergency-legislation-commencement-consideration-group/

63 The Release of Prisoners (Coronavirus) (Scotland) Regulations 2020 - https://www.legislation.gov.uk/ssi/2020/138/contents/made

64 The Criminal Justice (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 - http://www.legislation.gov.uk/ssi/2020/137/contents/made

65 https://www.gov.scot/publications/coronavirus-acts-fourth-report-scottish-parliament/

66 The Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) Regulations 2020 - https://www.legislation.gov.uk/ssi/2020/304/contents/made

67 The Care Homes Emergency Intervention Orders (Coronavirus) (Scotland) Regulations 2020 - https://www.legislation.gov.uk/ssi/2020/201/contents/made

68 Reports to Scottish Parliament on Care Inspectorate inspections - https://www.careinspectorate.com/index.php/publications-statistics/139-corporate-annual-reports-accounts/reports-to-scottish-parliament-on-care-inspectorate-inspections

69 https://www.careinspectorate.com/index.php/coronavirus-professionals/inspection-during-covid-19

70 Coronavirus (COVID-19): adult care homes: additional data - https://www.gov.scot/publications/coronavirus-covid-19-additional-data-about-adult-care-homes-in-scotland/

71Equality Outcomes, Mainstreaming Report and Action Plan - https://www.careinspectorate.com/images/documents/5046/Equalities%20report%202019-21.pdf

72 Coronavirus (COVID-19): wedding ceremonies and civil partnership registrations -https://www.gov.scot/publications/coronavirus-covid-19-guidance-for-small-marriages-and-civil-partnership-registrations/pages/purpose-of-guidance/

73 Getting Married or Civilly Partnered in Scotland - https://www.nrscotland.gov.uk/registration/getting-married-in-scotland

74 Coronavirus (Scotland) (No.2) Act 2020: Third Report on Marriage and Civil Partnership Coronavirus (Scotland) (No.2) Act 2020 - marriage and civil partnership: third report - gov.scot (www.gov.scot)

75 The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 - https://www.legislation.gov.uk/ssi/2020/103/contents/made

76 COVID-19 Police Scotland Response - https://www.scotland.police.uk/about-us/covid-19-police-scotland-response/enforcement-and-response-data/

77 The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 - https://www.legislation.gov.uk/ssi/2020/344/contents

78 Under the new Regulations, the power to issue a Fixed Penalty Notice is, in some circumstances, also exercisable by a person designated by a local authority (see regulations 4(11) and (12) and 7).

79 Equality impact assessment: The Coronavirus Act 2020 (Suspension: Adult Social Care) (Scotland) Regulations 2020 (legislation.gov.uk). Revised guidance:

Coronavirus (COVID 19): changes to social care assessments - statutory guidance for local authorities on sections 16 and 17 of the Coronavirus Act 2020 as updated on 6 Nov - gov.scot (www.gov.scot)

80 Coronavirus Act 2020 (Commencement No. 1) (Scotland) Regulations 2020 - https://www.legislation.gov.uk/ssi/2020/121/made

81 Coronavirus Act 2020: educational continuity direction - https://www.gov.scot/publications/coronavirus-act-2020-educational-continuity-direction/

82 Coronavirus (COVID-19): school re-opening arrangements for January 2021 - gov.scot (www.gov.scot)

83 Coronavirus (COVID-19): childcare provision for January 2021 - gov.scot (www.gov.scot)

84 Coronavirus (COVID-19): strategic framework for reopening schools, early learning and childcare provision - https://www.gov.scot/publications/excellent-equity-during-covid-19-pandemic-strategic-framework-reopening-schools-early-learning-childcare-provision-scotland/

85 Children's rights and wellbeing impact assessment: The closure and reopening of schools as part of the COVID-19 recovery process in Scotland - https://www.gov.scot/publications/childrens-rights-wellbeing-impact-assessment-closure-reopening-schools-part-covid-19-recovery-process-scotland/

86 Coronavirus (COVID-19): re-opening childcare - impact assessment - gov.scot (www.gov.scot)

87 Working Safely During Coronavirus Guidance - https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19

88 https://www.legislation.gov.uk/ssi/2020/103/contents/made

89 Physical Distancing Guidance Staying at Home and Away from Others - https://www.gov.scot/publications/coronavirus-covid-19-staying-at-home-and-away-from-others/pages/staying-at-home/

90 https://www.legislation.gov.uk/ssi/2020/106/contents/made

91 http://www.legislation.gov.uk/ssi/2020/126/made

92 Coronavirus (COVID-19): framework for decision making - https://www.gov.scot/publications/coronavirus-covid-19-framework-decision-making/

93 http://www.legislation.gov.uk/ssi/2020/164/contents/made

94 https://www.legislation.gov.uk/ssi/2020/182/contents

95 https://www.legislation.gov.uk/ssi/2020/190/contents

96 https://www.legislation.gov.uk/ssi/2020/199/contents

97 https://www.legislation.gov.uk/ssi/2020/210/contents

98 https://www.legislation.gov.uk/ssi/2020/211/contents

99 https://www.legislation.gov.uk/ssi/2020/232/contents

100 https://www.legislation.gov.uk/ssi/2020/236/contents

101 https://www.legislation.gov.uk/ssi/2020/241/contents

102 https://www.legislation.gov.uk/ssi/2020/251/contents

103 https://www.legislation.gov.uk/ssi/2020/261/contents

104 https://www.legislation.gov.uk/ssi/2020/262/made

105 https://www.legislation.gov.uk/ssi/2020/279/contents

106 https://www.legislation.gov.uk/ssi/2020/300/contents

107 https://www.legislation.gov.uk/ssi/2020/318/contents

108 https://www.legislation.gov.uk/ssi/2020/325/contents

109 https://www.legislation.gov.uk/ssi/2020/329/contents/made

110 https://www.legislation.gov.uk/ssi/2020/344/contents

111 https://www.legislation.gov.uk/ssi/2020/347/contents/made

112 https://www.legislation.gov.uk/ssi/2020/374/contents/made

113 https://www.legislation.gov.uk/ssi/2020/389/contents/made

114 https://www.legislation.gov.uk/ssi/2020/392/contents/made

115 https://www.legislation.gov.uk/ssi/2020/400/contents/made

116 https://www.legislation.gov.uk/ssi/2020/415/contents/made

117 https://www.legislation.gov.uk/ssi/2020/427/contents/made

118 https://www.legislation.gov.uk/ssi/2020/439/contents

119 https://www.legislation.gov.uk/ssi/2020/452/contents/made

120 https://www.legislation.gov.uk/ssi/2020/471/contents/made

121 https://www.legislation.gov.uk/ssi/2021/1/contents/made

122 https://www.legislation.gov.uk/ssi/2021/3/contents/made

123 https://www.legislation.gov.uk/ssi/2021/17/contents/made

124 https://www.legislation.gov.uk/ssi/2021/25/contents/made

125 https://www.legislation.gov.uk/ssi/2021/35/contents/made

126 https://www.legislation.gov.uk/ssi/2021/49/contents/made

127 https://www.legislation.gov.uk/ssi/2021/50/contents/made

128 https://www.legislation.gov.uk/ssi/2021/54/contents/made

129 Coronavirus (COVID-19): Route Map - supporting evidence for the 15 October review https://www.gov.scot/publications/covid-19-framework-decision-making-scotlands-route-map-through-out-crisis-supporting-evidence-15-october-review/pages/1/

130 Covid Protection Levels: Reviews and evidence; Coronavirus (COVID-19): protection levels - reviews and evidence - gov.scot (www.gov.scot)

131 Assessing the Four Harms of the Crisis; COVID-19: Framework for Decision Making – Assessing the Four Harms of the Crisis (www.gov.scot)

132 Publications - gov.scot (www.gov.scot)

133 COVID-19 statistical report 13 January 2021 - Data & intelligence from PHS (isdscotland.org)

134 Police Scotland weekly updates on the use of the coronavirus legislation - https://www.scotland.police.uk/about-us/covid-19-police-scotland-response/enforcement-and-response-data/

135 Recorded Crime in Scotland, 2018-19 National Statistics - https://www.gov.scot/publications/recorded-crime-scotland-2018-19/

136 Criminal Proceedings in Scotland, 2018-19 National Statistics - https://www.gov.scot/publications/criminal-proceedings-scotland-2018-19/

137 SCOTSTAT network for users and providers of Scottish Official Statistics - https://www2.gov.scot/Topics/Statistics/scotstat

138Coronavirus (COVID-19): Declaration of a serious and imminent threat to public health: https://www.gov.scot/publications/covid-19-declaration-of-a-serious-and-imminent-threat-to-public-health/

139 Coronavirus (COVID-19): Declaration of a serious and imminent threat to public health (supplementary): https://www.gov.scot/publications/coronavirus-covid-19-declaration-of-a-serious-and-imminent-threat-to-public-health-supplementary/

140Coronavirus (COVID-19): Declaration of a serious and imminent threat to public health: https://www.gov.scot/publications/covid-19-declaration-of-a-serious-and-imminent-threat-to-public-health/

141 Coronavirus (COVID-19): Declaration of a serious and imminent threat to public health (supplementary): https://www.gov.scot/publications/coronavirus-covid-19-declaration-of-a-serious-and-imminent-threat-to-public-health-supplementary/

142 The Health Protection (Coronavirus, Restrictions)(Directions By Local Authorities)(Scotland) Regulations 2020: https://www.legislation.gov.uk/ssi/2020/262/contents/made


Contact

Email: Covid.Leg@gov.scot