With the second wave of COVID-19 cases, it has become clear that a new system is needed to regulate the country's response to the pandemic. From Monday 2 November 2020, the Scottish Government will implement a new five-tier alert system of COVID-19 regulations - two more than the English three-tier alert system, implemented on 14 October 2020.
The five tiers will, in theory, allow the Scottish Government to impose appropriate restrictions targeted to those geographic regions most affected by the virus. Areas with low levels of COVID-19 cases should face fewer restrictions than those impacted by high numbers of cases of the virus. The system hopes to tackle the "four harms of the virus" by:
- Suppressing the virus and reducing the direct harm caused by the virus to people's health;
- Supporting broader health and reducing the pressure put on the NHS and social care services;
- Mitigating social harms; and
- Supporting the economy.
Every area in Scotland will be categorised into one of the five tiers, which will be searchable via a new postcode checker, allowing people to see what tier they are in over the coming weeks and months as the situation develops. The First Minister noted that her overriding objective across all the tiers was to keep schools open.
The updated guidance also offers a small glimmer of hope for those licensed premises located within Tier 3. For the last couple of weeks, licensed premises within the central belt have been forced to close. Going forward, licensed premises will be able to be open for food, albeit they will need to close by 6pm and there can be no sales of alcohol.
The Scottish Government has prepared a very helpful table summarising the hospitality measures that it has put in place.
The Tiers
The Scottish Government has published an extensive list of what is, and what is not, permitted within each of the Tiers.
It will be important for businesses to familiarise themselves with how they are permitted to operate, based on their geographic location and if that location is re-categorised, within the five tier system. That is not just important for business, but also for employees and customers.
A failure to review, understand, and implement the new rules could result in enforcement action being taken against businesses that fail to comply.
We have set out a summary of the five tier system in the tables below.
If you have any further questions, please do not hesitate to speak to Kevin Clancy or your usual Shepherd and Wedderburn contact.
A short summary of the Scottish Government Tier System
Level 0: Nearly Normal
This level represents the most 'normal' set of circumstances that the Scottish Government believes can be permitted in the absence of a vaccine.
What is permitted? | What is not permitted? |
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Level 1: Medium
This level is designed to allow for some level of normality but imposes greater restrictions on indoor and outdoor meetings than at Level 0.
What is permitted? | What is not permitted? |
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The same restrictions as apply to Level 0. In addition:
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Level 2: High
These restrictions are similar to the current restrictions (as at 29 October 2020) across Scotland.
What is permitted? | What is not permitted? |
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The same restrictions as apply to Levels 0 and 1. In addition:
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Level 3: Very High
These restrictions are similar to the current restrictions (as at 29 October 2020) across the central belt of Scotland.
What is permitted? | What is not permitted? |
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The same restrictions as apply to Levels 0, 1 and 2. In addition:
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Level 4: Lockdown
This tier would impose restrictions that are broadly consistent with those imposed at the end of March 2020. The Scottish Government has confirmed it will not resort to imposing these restrictions unless "absolutely necessary" - i.e. in circumstances where there is a risk of the NHS being overwhelmed.
What is permitted? | What is not permitted? |
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The same restrictions as apply to Levels 0, 1, 2 and 3. In addition:
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.