Coronavirus Bill (HC Bill 122)

(b) by reference to a requirement for medical or emergency services to
attend the event or gathering, or

(c) in any other way.

(7) The reference in sub-paragraph (3)(c) to a person involved in the holding of
5an event or gathering does not include a person whose only involvement in
the event or gathering is, or would be, by attendance at the event or
gathering.

Power to close premises in Scotland or impose restrictions on persons entering or remaining
inside them

15 (1) 10The Scottish Ministers may, for the purpose of—

(a) preventing, protecting against, delaying or otherwise controlling the
incidence or transmission of coronavirus, or

(b) facilitating the most appropriate deployment of medical or
emergency personnel and resources,

15issue a direction imposing prohibitions, requirements or restrictions in
relation to the entry into, departure from, or location of persons in premises
in Scotland.

(2) A direction under sub-paragraph (1) may be issued in relation to—

(a) specified premises, or

(b) 20premises of a specified description.

(3) A direction under sub-paragraph (1) may only have the effect of imposing
prohibitions, requirements or restrictions on—

(a) the owner or occupier of premises to which the direction relates;

(b) any other person involved in managing entry into, or departure
25from, such premises or the location of persons in them.

(4) A direction under sub-paragraph (1) may only be issued during a public
health response period.

(5) A direction under sub-paragraph (1) may, among other things, impose
requirements for the purpose of—

(a) 30closing the premises;

(b) restricting entry into the premises;

(c) securing restrictions in relation to the location of persons in the
premises.

(6) A direction under sub-paragraph (1) may impose prohibitions,
35requirements or restrictions by reference to (among other things)—

(a) the number of persons in the premises;

(b) the size of the premises;

(c) the purpose for which a person is in the premises;

(d) the facilities in the premises;

(e) 40a period of time.

Variations and revocations

16 The Scottish Ministers may vary or revoke to any extent a direction issued
under this Part of this Schedule.

Procedure

17 (1) Before issuing a direction under this Part of this Schedule, the Scottish
Ministers must have regard to any relevant advice published by the Chief
Medical Officer of the Scottish Administration or such other person as may
5be designated for the purpose of this paragraph by the Scottish Ministers.

(2) Where a direction imposes prohibitions, requirements or restrictions on a
person specified by name, the direction—

(a) must be given in writing to that person, and

(b) may be published in such manner as the Scottish Ministers consider
10appropriate to bring it to the attention of other persons who may be
affected by it.

(3) In any other case, the direction must be published in such manner as the
Scottish Ministers consider appropriate to bring it to the attention of persons
who may be affected by it.

(4) 15Where the Scottish Ministers vary or revoke a direction which imposes
prohibitions, requirements or restrictions on a person specified by name,
notice of the variation or revocation—

(a) must be given in writing to that person, and

(b) may be published in such manner as the Scottish Ministers consider
20appropriate to bring it to the attention of other persons who may be
affected by it.

(5) Where the Scottish Ministers vary or revoke any other direction, notice of the
variation or revocation must be published in such manner as the Scottish
Ministers consider appropriate to bring it to the attention of persons who
25may be affected by the variation or revocation.

Enforcement

18 (1) Compliance with a direction issued under this Part of this Schedule may be
enforced by—

(a) a constable;

(b) 30any other person, or description of person, designated in writing for
the purpose of this paragraph by the Scottish Ministers.

(2) In exercising the power of enforcement conferred by sub-paragraph (1), a
person may—

(a) enter any premises;

(b) 35if necessary, use reasonable force.

(3) The powers conferred by sub-paragraph (2) are exercisable in relation to
Crown premises only with the consent of the appropriate authority.

(4) In sub-paragraph (3), “appropriate authority”, in relation to any premises—

(a) in the case of premises belonging to Her Majesty in right of the
40Crown and forming part of the Crown Estate, means the Crown
Estate Commissioners,

(b) in the case of any other premises belonging to Her Majesty in right of
the Crown, means the office holder in the Scottish Administration or,
as the case may be, government department having the management
45of the land or the relevant person, and

(c) in the case of premises belonging to an office holder in the Scottish
Administration or to a government department or held in trust for
Her Majesty for the purposes of the Scottish Administration or a
government department, means that office holder or government
5department.

(5) In sub-paragraph (4)(b), “relevant person”, in relation to any premises to
which section 90B(5) of the Scotland Act 1998 applies, means the person who
manages those premises.

(6) It is for the Scottish Ministers to determine any question which arises as to
10who is the appropriate authority in relation to any premises, and their
decision is final.

Constables

19 (1) The chief constable of the Police Service of Scotland may authorise a police
custody and security officer (see section 28 of the Police and Fire Reform
15(Scotland) Act 2012) to exercise the powers conferred on a constable by this
Part of this Schedule.

(2) Accordingly references to a constable in this Part of this Schedule include a
police custody and security officer so authorised.

Offences

20 (1) 20A person commits an offence if the person fails without reasonable excuse to
comply with a prohibition, requirement or restriction imposed on the person
by a direction issued under this Part of this Schedule.

(2) A person guilty of an offence under this paragraph is liable—

(a) on summary conviction, to a fine not exceeding the statutory
25maximum, or

(b) on conviction on indictment, to a fine.

21 (1) Sub-paragraph (2) applies where—

(a) an offence under paragraph 20 is committed by—

(i) a body corporate,

(ii) 30a Scottish partnership, or

(iii) an unincorporated association other than a Scottish
partnership, and

(b) the commission of the offence involves the connivance or consent of,
or is attributable to the neglect of—

(i) 35a relevant individual, or

(ii) an individual purporting to act in the capacity of a relevant
individual.

(2) The individual (as well as the body corporate, partnership or (as the case
may be) association) commits the offence.

(3) 40In sub-paragraph (1), “relevant individual” means—

(a) in relation to a body corporate (other than a limited liability
partnership)—

(i) a director, manager, secretary or other similar officer of the
body, or

(ii) where the affairs of the body are managed by its members, a
member,

(b) in relation to a limited liability partnership, a member,

(c) in relation to a Scottish partnership, a partner,

(d) 5in relation to an unincorporated association other than a Scottish
partnership, a person who is concerned in the management or
control of the association.

Compensation

22 (1) The Scottish Ministers may pay compensation in connection with the issuing
10of a direction under this Part of this Schedule.

(2) The power conferred by sub-paragraph (1) does not affect any other power
to pay compensation.

End of public health response period

23 When a public health response period comes to an end, a direction under
15this Part of this Schedule issued during that period ceases to have effect in
respect of times after the end of the period.

Review

24 The Scottish Ministers must—

(a) keep directions issued by them under this Part of this Schedule
20under review, and

(b) if they are of the view that a direction is no longer required for the
purpose set out in paragraph 14(1) or, as the case may be, 15(1), they
must revoke it.

Part 4 25Powers relating to events, gatherings and premises in Wales

Declaration of threat to public health in Wales due to coronavirus

25 (1) If at any time the Welsh Ministers are of the view that—

(a) the incidence or transmission of coronavirus constitutes a serious
and imminent threat to public health in Wales, and

(b) 30the powers conferred by this Part of this Schedule will be an effective
means of—

(i) preventing, protecting against, delaying or otherwise
controlling the incidence or transmission of coronavirus in
Wales, or

(ii) 35facilitating the most appropriate deployment of medical or
emergency personnel and resources in Wales,

the Welsh Ministers may make a declaration to that effect.

(2) If, having made a declaration under this paragraph, the Welsh Ministers
cease to be of the view mentioned in sub-paragraph (1), the Welsh Ministers
40must revoke the declaration.

(3) A declaration or the revocation of a declaration under this paragraph—

(a) is to be made by being published online, and

(b) must, as soon as reasonably practicable after it is made, also be
published in a newspaper in general circulation in Wales.

(4) Before making or revoking a declaration under this paragraph, the Welsh
5Ministers must consult the Chief Medical Officer or one of the Deputy Chief
Medical Officers for Wales.

(5) The Welsh Ministers may make a declaration under this paragraph on more
than one occasion.

26 In this Part of this Schedule, “public health response period” means a period
10which—

(a) begins when the Welsh Ministers make a declaration under
paragraph 25(1), and

(b) ends when the Welsh Ministers revoke the declaration.

Power to prohibit or otherwise restrict events or gatherings in Wales

27 (1) 15The Welsh Ministers may, for the purpose of—

(a) preventing, protecting against, delaying or otherwise controlling the
incidence or transmission of coronavirus, or

(b) facilitating the most appropriate deployment of medical or
emergency personnel and resources,

20issue a direction prohibiting, or imposing requirements or restrictions in
relation to, the holding of an event or gathering in Wales.

(2) A direction under sub-paragraph (1) may be issued in relation to—

(a) a specified event or gathering, or

(b) events or gatherings or a specified description.

(3) 25A direction under sub-paragraph (1) may only have the effect of imposing
prohibitions, requirements or restrictions on—

(a) the owner or occupier of premises for an event or gathering to which
the direction relates;

(b) the organiser of such an event or gathering;

(c) 30any other person involved in holding such an event or gathering.

(4) A direction under sub-paragraph (1) may only be issued during a public
health response period.

(5) A direction under sub-paragraph (1) may, among other things, impose
requirements about informing persons who may be planning to attend an
35event or gathering of its prohibition or any requirements or restrictions
imposed in relation to the holding of it.

(6) For the purposes of sub-paragraph (2), events or gatherings may be
described—

(a) by reference to a number of people attending the event or gathering,

(b) 40by reference to a requirement for medical or emergency services to
attend the event or gathering, or

(c) in any other way.

(7) The reference in sub-paragraph (3)(c) to a person involved in the holding of
an event or gathering does not include a person whose only involvement in

the event or gathering is, or would be, by attendance at the event or
gathering.

Power to close premises in Wales or impose restrictions on persons entering or remaining inside
them

28 (1) The Welsh Ministers may, for the purpose of—

(a) 5preventing, protecting against, delaying or otherwise controlling the
incidence or transmission of coronavirus, or

(b) facilitating the most appropriate deployment of medical or
emergency personnel and resources,

issue a direction imposing prohibitions, requirements or restrictions in
10relation to the entry into, departure from, or location of persons in premises
in Wales.

(2) A direction under sub-paragraph (1) may be issued in relation to—

(a) specified premises, or

(b) premises of a specified description.

(3) 15A direction under sub-paragraph (1) may only have the effect of imposing
prohibitions, requirements or restrictions on—

(a) the owner or occupier of premises to which the direction relates;

(b) any other person involved in managing entry into, or departure
from, such premises or the location of persons in them.

(4) 20A direction under sub-paragraph (1) may only be issued during a public
health response period.

(5) A direction under sub-paragraph (1) may, among other things, impose
requirements for the purpose of—

(a) closing the premises;

(b) 25restricting entry into the premises;

(c) securing restrictions in relation to the location of persons in the
premises.

(6) A direction under sub-paragraph (1) may impose prohibitions,
requirements or restrictions by reference to (among other things)—

(a) 30the number of persons in the premises;

(b) the size of the premises;

(c) the purpose for which a person is in the premises;

(d) the facilities in the premises;

(e) a period of time.

35Variations and revocations

29 The Welsh Ministers may vary or revoke to any extent a direction issued
under this Part of this Schedule.

Procedure

30 (1) Before issuing a direction under this Part of this Schedule, the Welsh
40Ministers must have regard to any relevant advice given to the Welsh
Ministers by—

(a) the Chief Medical Officer or one of the Deputy Chief Medical
Officers for Wales, or

(b) a director of, or senior clinician working within, Public Health Wales.

(2) Where a direction imposes prohibitions, requirements or restrictions on a
5person specified by name, the direction—

(a) must be given in writing to that person, and

(b) may be published in such manner as the Welsh Ministers consider
appropriate to bring it to the attention of other persons who may be
affected by it.

(3) 10In any other case, the direction must be published in such manner as the
Welsh Ministers consider appropriate to bring it to the attention of persons
who may be affected by it.

(4) Where the Welsh Ministers vary or revoke a direction which imposes
prohibitions, requirements or restrictions on a person specified by name,
15notice of the variation or revocation—

(a) must be given in writing to that person, and

(b) may be published in such manner as the Welsh Ministers consider
appropriate to bring it to the attention of other persons who may be
affected by it.

(5) 20Where the Welsh Minsters vary or revoke any other direction, notice of the
variation or revocation must be published in such manner as the Welsh
Ministers consider appropriate to bring it to the attention of persons who
may be affected by the variation or revocation.

(6) In this paragraph “Public Health Wales” means the Public Health Wales
25National Health Service Trust as established by the Public Health Wales
National Health Service Trust (Establishment Order) 2009 (S.I. 2009/2058
(W.177)).

Offences

31 (1) A person commits an offence if the person fails without reasonable excuse to
30comply with a prohibition, requirement or restriction imposed on the person
by a direction issued under this Part of this Schedule.

(2) A person guilty of an offence under this paragraph is liable on summary
conviction to a fine.

32 (1) If an offence under paragraph 31 committed by a body corporate is proved—

(a) 35to have been committed with the consent or connivance of an officer
of the body, or

(b) to be attributable to any neglect on the part of such an officer,

the officer (as well as the body corporate) is guilty of the offence and liable
to be prosecuted and proceeded against and punished accordingly.

(2) 40In sub-paragraph (1), “officer”, in relation to a body corporate, means a
director, manager, secretary or other similar officer of the body corporate.

Compensation

33 (1) The Welsh Ministers may pay compensation in connection with the issuing
of a direction under this Part of this Schedule.

(2) The power conferred by sub-paragraph (1) does not affect any other power
to pay compensation.

End of public health response period

34 When a public health response period comes to an end, a direction under
5this Part of this Schedule issued during that period ceases to have effect in
respect of times after the end of the period.

Part 5 Powers relating to events, gatherings and premises in Northern Ireland

Declaration of threat to public health in Northern Ireland due to coronavirus

35 (1) 10If at any time the Executive Office is of the view that—

(a) the incidence or transmission of coronavirus constitutes a serious
and imminent threat to public health in Northern Ireland, and

(b) the powers conferred by this Part of this Schedule will be an effective
means of—

(i) 15preventing, protecting against, delaying or otherwise
controlling the incidence or transmission of coronavirus in
Northern Ireland, or

(ii) facilitating the most appropriate deployment of medical or
emergency personnel and resources in Northern Ireland,

20the Executive Office may make a declaration to that effect.

(2) If, having made a declaration under this paragraph, the Executive Office
ceases to be of the view mentioned in sub-paragraph (1), the Executive
Office must revoke the declaration.

(3) A declaration or the revocation of a declaration under this paragraph—

(a) 25is to be made by being published online, and

(b) must, as soon as reasonably practicable after it is made, also be
published in the Belfast Gazette.

(4) Before making or revoking a declaration under this paragraph, the
Executive Office must consult the Chief Medical Officer or any of the Deputy
30Chief Medical Officers of the Department of Health in Northern Ireland.

(5) The Executive Office may make a declaration under this paragraph on more
than one occasion.

36 In this Part of this Schedule—

• “Executive Office” means the Executive Office in Northern Ireland;

• 35“public health response period” means a period which—

  (a)

  begins when the Executive Office makes a declaration under
  paragraph 35(1), and

  (b)

  ends when the Executive Office revokes the declaration.

Power to prohibit or otherwise restrict events or gatherings in Northern Ireland

37 (1) 40The Executive Office may, for the purpose of—

(a) preventing, protecting against, delaying or otherwise controlling the
incidence or transmission of coronavirus, or

(b) facilitating the most appropriate deployment of medical or
emergency personnel and resources,

issue a direction prohibiting, or imposing requirements or restrictions in
relation to, the holding of an event or gathering in Northern Ireland.

(2) 5A direction under sub-paragraph (1) may be issued in relation to—

(a) a specified event or gathering, or

(b) events or gatherings of a specified description.

(3) A direction under sub-paragraph (1) may only have the effect of imposing
prohibitions, requirements or restrictions on—

(a) 10the owner or occupier of premises for an event or gathering to which
the direction relates;

(b) the organiser of such an event or gathering;

(c) any other person involved in holding such an event or gathering.

(4) A direction under sub-paragraph (1) may only be issued during a public
15health response period.

(5) A direction under sub-paragraph (1) may, among other things, impose
requirements about informing persons who may be planning to attend an
event or gathering of its prohibition or any requirements or restrictions
imposed in relation to the holding of it.

(6) 20For the purposes of sub-paragraph (2), events or gatherings may be
described—

(a) by reference to a number of people attending the event or gathering,

(b) by reference to a requirement for medical or emergency services to
attend the event or gathering, or

(c) 25in any other way.

(7) The reference in sub-paragraph (3)(c) to a person involved in the holding of
an event or gathering does not include a person whose only involvement in
the event or gathering is, or would be, by attendance at the event or
gathering.

30Power to close premises in Northern Ireland or impose restrictions on persons entering or
remaining inside them

38 (1) The Executive Office may, for the purpose of—

(a) preventing, protecting against, delaying or otherwise controlling the
incidence or transmission of coronavirus, or

(b) 35facilitating the most appropriate deployment of medical or
emergency personnel and resources,

issue a direction imposing prohibitions, requirements or restrictions in
relation to the entry into, departure from, or location of persons in premises
in Northern Ireland.

(2) 40A direction under sub-paragraph (1) may be issued in relation to—

(a) specified premises, or

(b) premises of a specified description.

(3) A direction under sub-paragraph (1) may only have the effect or imposing
prohibitions, requirements or restrictions on—

(a) 45the owner or occupier of premises to which the direction relates;

(b) any other person involved in managing entry into, or departure
from, such premises or the location of persons in them.

(4) A direction under sub-paragraph (1) may only be issued during a public
health response period.

(5) 5A direction under sub-paragraph (1) may, among other things, impose
requirements for the purpose of—

(a) closing the premises;

(b) restricting entry into the premises;

(c) securing restrictions in relation to the location of persons in the
10premises.

(6) A direction under sub-paragraph (1) may impose prohibitions,
requirements or restrictions by reference to (among other things)—

(a) the number of persons in the premises;

(b) the size of the premises;

(c) 15the purpose for which a person is in the premises;

(d) the facilities in the premises;

(e) a period of time.

Variations and revocations

39 The Executive Office may vary or revoke to any extent a direction issued
20under this Part of this Schedule.

Procedure

40 (1) Before issuing a direction under this Part of this Schedule, the Executive
Office must—

(a) have regard to any relevant advice published by the Chief Medical
25Officer or any of the Deputy Chief Medical Officers of the
Department of Health in Northern Ireland, and

(b) consult the Chief Medical Officer or any of the Deputy Chief Medical
Officers.

(2) Where a direction imposes prohibitions, requirements or restrictions on a
30person specified by name, the direction—

(a) must be given in writing to that person, and

(b) may be published in such manner as the Executive Office considers
appropriate to bring it to the attention of other persons who may be
affected by it.

(3) 35In any other case, the direction must be published in such manner as the
Executive Office considers appropriate to bring it to the attention of persons
who may be affected by it.

(4) Where the Executive Office varies or revokes a direction which imposes
prohibitions, requirements or restrictions on a person specified by name,
40notice of the variation or revocation—

(a) must be given in writing to that person, and

(b) may be published in such manner as the Executive Office considers
appropriate to bring it to the attention of other persons who may be
affected by it.