Publication - Speech/statement
Coronavirus (Scotland) Act 2020 and the Coronavirus (Scotland) (No.2) Act 2020 - proposed extension: statement of reasons
Statement of reasons providing detail of the considerations that have been made in the decision to seek an extension to the Coronavirus (Scotland) Act 2020 and the Coronavirus (Scotland) (No. 2) Act 2020 and the recommended list of provisions which are proposed to be covered by an extension.
7. Summary of recommendations made in relation to extending, expiring or suspending provisions in the Coronavirus (Scotland) Act 2020 and the Coronavirus (Scotland)(No. 2) Act 2020
| Coronavirus (Scotland) Act 2020 | ||||
|---|---|---|---|---|
| Provision | Subject | Action | Relevant section of statement | Further information |
| Schedule 1 | Eviction from dwelling-houses | Extension | See from section 6.1.1 | |
| Schedule 2 | Temporary extension of moratoriums on diligence | Extension | See from section 6.3.1 | |
| Schedule 3: paragraphs 1-10 | Children | Expiry - para 2(2) Extension - remainder of paras | See section 6.4.37 See from section 6.4.1 |
|
| Schedule 3: paragraph 11 | Vulnerable adults | Suspension already in force Extension | See from section 6.5.1 | |
| Schedule 4: paragraphs 1-6 | Courts and Tribunals: conduct of business by electronic means | Extension | See from section 6.6.1 | |
| Schedule 4: paragraph 7 | Fiscal fines | Extension | See from section 6.6.1 | |
| Schedule 4: paragraphs 8 and 9 | Cases beginning with an appearance from custody | Extension | See from section 6.6.1 | |
| Schedule 4: paragraph 10 | Extension of time limits | Extension | See from section 6.6.1 | |
| Schedule 4: paragraph 11 | Evidence | Extension | See from section 6.6.1 | |
| Schedule 4: paragraphs 12 -16 | Community orders | Extension | See from section 6.6.1 | |
| Schedule 4: paragraphs 17 and 18 | Parole Board | Extension | See from section 6.6.1 | |
| Schedule 4: paragraphs 19 and 20 | Release of prisoners | Extension | See from section 6.6.1 | |
| Schedule 4: paragraphs 21 - 23 | Legal aid | Extension | See from section 6.6.1 | |
| Schedule 5 | Alcohol licensing | Extension | See from section 6.6.1 | |
| Schedule 6: paragraph 1 | Licensing other than alcohol licensing | Extension | See from section 6.6.1 | |
| Schedule 6: paragraphs 2 -7 | Freedom of Information | Extension | See from section 6.7.1 | |
| Schedule 6: paragraphs 8 - 10 | Duties in respect of reports and other documents | Extension | See from section 6.8.1 | |
| Schedule 6: paragraphs 11-14 | Local authority meetings | Extension | See from section 6.9.1 | |
| Schedule 6: Para 15 | Duties under the Public Finance and Accountability (Scotland) Act 2000 | Extension | See from section 6.10.1 | |
| Schedule 7: paragraphs 1 – 5 | Social security | Extension | See from section 6.11.1 | |
| Schedule 7: paragraphs 6 and 7 | Irritancy clauses in commercial leases | Extension | See from section 6.12.1 | |
| Schedule 7: paragraphs 8 – 10 | Duration of planning permission | Extension | See from section 6.13.1 | |
| Schedule 7: paragraphs 11-19 | Land registration: period of effect of advance notice | Extension - paragraphs 11-14 and 19 Expiry - paragraphs 15-18 from 30 March Expiry – proposed expiry of para 19 from 6 April 2021 | See from section 6.14.1 See from section 6.14.6 | See the Policy Note accompanying the Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provision) Regulations 2021 |
| Schedule 7: paragraphs 20 – 22 | Anatomy Act 1984 | Expiry | No reference | See the Policy Note accompanying the Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provision) Regulations 2021 |
| Schedule 7: paragraphs 23-30 | Scrutiny of subordinate legislation in urgent cases | Extension | See from section 6.16.1 | |
| Schedule 7: paragraph 31 | Business improvement districts | Extension Proposed expiry from 1 April 2021 | See from section 6.17.1 | |
| Schedule 7: paragraphs 32 and 33 | Muirburn | Expiry | No reference | See the Policy Note accompanying the Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provision) Regulations 2021 |
| Coronavirus (Scotland) (No. 2) Act 2020 | ||||
| Provision | Subject | Recommendation | Relevant section of statement | Further information |
| Schedule 1: paragraphs 1 – 3 | Student residential tenancies | Extension | See from section 6.2.1 | |
| Schedule 1: paragraphs 4 and 5 | Tenancies pre-action requirements | Extension | See from section 6.1.16 | |
| Schedule 1: paragraph 6 | Carer's allowance supplement | Extension | See from section 6.18.1 | |
| Schedule 1: paragraph 7 | Social care staff support fund | Extension | See from section 6.19.1 | |
| Schedule 1: paragraphs 8 – 14 | Bankruptcy | Extension (some will be expired if draft Bankruptcy Regulations to make equivalent provision that is not time-limited are approved) | See from section 6.3.7 | See the draft Bankruptcy (Miscellaneous Amendments) (Scotland) Regulations 2021 |
| Schedule 1: paragraph 15 | Mental health | Extension | See from section 6.20.1 | |
| Schedule 1: paragraphs 16 - 17 | Care Homes - Emergency directions and emergency intervention orders | Extension | See from section 6.21.1 | |
| Schedule 1: paragraphs 18 to 21 | Powers to purchase care home services and care at home providers | Extension | See from section 6.22.1 | |
| Schedule 1: paragraphs 22 and 23 | Care homes – further provision | Extension | See from section 6.23.1 | |
| Schedule 1: paragraph 24 | Marriage and civil partnership | Suspension from 30 March 2021 Extension | See section 6.25.1 | See the Policy Note accompanying the Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provision) Regulations 2021 |
| Schedule 2: paragraphs 1 to 6 | Criminal justice | Extension | See from section 6.6.1 | |
| Schedule 2: paragraph 7 | Criminal justice - Fixed Penalty Notices | Expiry | No reference | See the Policy Note accompanying the Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provision) Regulations 2021 |
| Schedule 2: paragraphs 8 and 9 | Proceeds of crime | Extension | See from section 6.6.1 | |
| Schedule 2: paragraph 10 | Intimation of documents | Extension | See from section 6.6.1 | |
| Schedule 4: paragraph 2 | Listed buildings and conservation areas | Extension | See from section 6.13.1 | |
| Schedule 4: paragraph 3 and 4 | Registers kept by the Keeper of the Registers of Scotland | Extension | See from section 6.15.1 | |
| Schedule 4: paragraph 5 | Care Inspectorate Notices | Extension | See from section 6.24.1 | |
| Schedule 4: paragraph 9 | Execution of documents | Extension | See from section 6.6.1 | |
| Schedule 4: paragraphs 10 to 12 | Freedom of Information | Extension | See from section 6.7.9 | |
| Schedule 4: paragraph 13 | Low emission zones | Expiry | No reference | See the Policy Note accompanying the Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provision) Regulations 2021 |
| Schedule 4: paragraph 14 | Council tax – exempt dwellings | Extension | See from section 6.26.1 | |
| Schedule 4: paragraph 15 | Traffic Regulation | Expiry | No reference | See the Policy Note accompanying the Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provision) Regulations 2021 |
| Schedule 4: paragraph 16 | Restriction on giving grant to businesses connected to tax havens | Extension | See from section 6.27.1 | |
Contact
Email: covid.leg@gov.scot
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