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Coronavirus Acts: fourth report to Scottish Parliament (December 2020)

Fourth two-monthly report to Scottish Parliament on the use of the powers contained within the Coronavirus Act 2020, Coronavirus (Scotland) Act 2020 and Coronavirus (Scotland) (No.2) Act 2020 covering the reporting period up to 30 November 2020.

Coronavirus Acts: fourth report to Scottish Parliament (December 2020)
Footnotes

Footnotes

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

2Coronavirus Acts: second report to Scottish Parliament - https://www.gov.scot/publications/coronavirus-acts-second-report-scottish-parliament/

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

4The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2020 - https://www.legislation.gov.uk/ssi/2020/299/contents/made

5 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/

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

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

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

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

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

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

12 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

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

14Two 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

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

16 https://www.gov.scot/publications/coronavirus-covid-19-justice-analytical-services-data-report-october-2020/

17 Coronavirus (COVID-19): domestic abuse and other forms of violence against women and girls during Phases 1, 2 and 3 of Scotland's Route Map (22 May to 11 August 2020) - https://www.gov.scot/publications/coronavirus-covid-19-domestic-abuse-forms-violence-against-women-girls-during-phases-1-2-3-scotlands-route-map-22-11-august-2020/

18 https://www.gov.scot/publications/coronavirus-covid-19-domestic-abuse-forms-violence-against-women-girls-during-phase-3-scotlands-route-map-11-august-11-october/pages/3/

19 Equally Safe delivery plan: year two update report - gov.scot (www.gov.scot)

20 Coronavirus (Scotland) (No.2) Act 2020: Report on Marriage and Civil partnership - https://www.gov.scot/publications/coronavirus-scotland-no-2-act-2020-report-marriage-civil-partnership-2/

21 An Update for SOLACE on 'Transitioning to the new normal: political governance (improvement https://www.improvementservice.org.uk/__data/assets/pdf_file/0022/18292/SOLACE-update-political-governance-nov20.pdf service.org.uk)

22 Report on the Scottish Ministers’ handling of requests for information under the Freedom of Information (Scotland) Act 2002 for the period from 27 July to 26 September 2020: Coronavirus (Scotland) (No.2) Act 2020: second report on the Scottish Ministers' responses to requests for information under the Freedom of Information (Scotland) Act 2002 - gov.scot (www.gov.scot)

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

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

25 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/

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

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

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

28 Coronavirus (Scotland) (No.2) Act 2020: Report on Marriage and Civil partnership - https://www.gov.scot/publications/coronavirus-scotland-no-2-act-2020-report-marriage-civil-partnership-2/

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

30 Scottish Government Labour Market Trends November 2020 - https://www.gov.scot/publications/labour-market-trends-november-2020/

31 Universal Credit Scotland Dashboard, September 2020 - https://www.gov.scot/publications/universal-credit-scotland-dashboard-october-2020/

32 Office for National Statistics Coronavirus (COVID-19) roundup - https://www.ons.gov.uk/peoplepopulationandcommunity/healthandsocialcare/conditionsanddiseases/articles/coronaviruscovid19roundup/2020-03-26#lossofincome

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

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

35 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

36 Scottish Housing Regulator monthly Covid-19 dashboards - https://www.housingregulator.gov.scot/landlord-performance/national-reports/monthly-covid-19-dashboards

37 Housemark Scotland Covid-19 monitoring impact data – https://www.housemark.co.uk/media/2776/scotland-exec-summary-month-7.pdf

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

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

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

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

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

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

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

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

46 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

47 This data was provided by SCRA.

48 This data was provided by the SCTS.

49 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.

50 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.

51 The data for the third and fourth reporting periods 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.

52 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. To enable SCRA to provide accurate totals for the three periods, it has had to re-run period one and period two data. This has resulted in small changes in some of the figures as the report is based on live operational data which 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.

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

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

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

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

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

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

59 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

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

61Coronavirus (COVID-19): adult care homes: additional data - https://www.gov.scot/publications/coronavirus-covid-19-additional-data-about-adult-care-homes-in-scotland/

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

63 Coronavirus (COVID-19): Scotland's Strategic Framework https://www.gov.scot/publications/covid-19-scotlands-strategic-framework/

64 Coronavirus (COVID-19): local protection levels https://www.gov.scot/publications/coronavirus-covid-19-protection-levels/

65 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/

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

67 Coronavirus (Scotland) (No.2) Act 2020: Report on Marriage and Civil Partnership https://www.gov.scot/publications/coronavirus-scotland-no-2-act-2020-report-marriage-civil-partnership-2/

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

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

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

71 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).

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

73 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)

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

75 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/

76 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/

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

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

79 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/

80 The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment Regulations 2020 https://www.legislation.gov.uk/ssi/2020/106/contents/made

81 The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 2) Regulations 2020 http://www.legislation.gov.uk/ssi/2020/126/made

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

83 Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 3) Regulations 2020 - http://www.legislation.gov.uk/ssi/2020/164/contents/made

84 The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 4) Regulations 2020 - https://www.legislation.gov.uk/ssi/2020/182/contents

85 The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 5) Regulations 2020 -https://www.legislation.gov.uk/ssi/2020/190/contents

86 The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 6) Regulations 2020 -https://www.legislation.gov.uk/ssi/2020/199/contents

87 The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 7) Regulations 2020 - https://www.legislation.gov.uk/ssi/2020/210/contents

88 The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 8) Regulations 2020 - https://www.legislation.gov.uk/ssi/2020/211/contents

89 The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 9) Regulations 2020 -https://www.legislation.gov.uk/ssi/2020/232/contents

90 The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 10) Regulations 2020 -https://www.legislation.gov.uk/ssi/2020/236/contents

91 The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 11) Regulations 2020 -https://www.legislation.gov.uk/ssi/2020/241/contents

92 The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 12) Regulations 2020 -https://www.legislation.gov.uk/ssi/2020/251/contents

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

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

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

96 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/

97 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/

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

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

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

101 Shown as rounded percentage figure. Percentage difference in total (1%) is comprised unrounded figures.

102 Please note - the data includes a small number (16 in total) of quarantine related charges under the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020.

103 By date of offence

104 Coronavirus (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/

105 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/

106 Coronavirus (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/

107 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/

108 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