UK:
Summary Of The Scottish Government Five-tier System
28 April 2021
Shepherd and Wedderburn LLP
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With the Scottish Government recently setting out its plans for
the easing of COVID-19 restrictions across Scotland, now is a good
time to review what is permitted under each level of the updated "five-tier alert system" of
Coronavirus regulations.
As with the previous system (first introduced on 2 November
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.
Every area in Scotland will be categorised into one of the five
tiers, which will be searchable via the postcode checker, allowing people to see what
tier they are in over the coming weeks and months as the situation
develops.
As before, the Scottish Government has issued Hospitality Sector Statutory Guidance. For
those in the hospitality sector, the Scottish Government's
decision to move to Tier 3 from 26 April 2021 hopefully represents
the start of the road back to normal trading for
these premises, which have been closed since the second
lockdown was announced in January.
The tiers
The Scottish Government has published an extensive list of what
is, and what is not, permitted within each of the tiers.
It is important that businesses familiarise themselves with how
they are permitted to operate, based on their geographic location
and their categorisation under 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. This is not an exhaustive list, and reference should be made
to the full details contained in the Scottish Government guidance.
A short summary of the Scottish Government Tier System
Level 4: Lockdown
These restrictions were announced on 4
January 2021 and imposed on all of Scotland (with the exception of
certain island areas):
What is permitted? |
What is not permitted? |
- A maximum of four people from up to two households can meet
outdoors and in hospitality settings.
- Some outdoor meetings will be allowed and schools will remain
open.
- Outdoor non-contact sports and group exercise only for adults,
with groups of up to 15. 12-17 year old outdoor contact sport and
group exercise up to 15 people, and under-12s outdoor contact sport
and group exercise with no limit.
- Weddings, funerals and wakes with a maximum of 20 people. No
receptions permitted.
- Food to go/takeaways may open only for doorway/hatch collection
or deliveries.
- Hairdressers and barbers may open for appointments only.
|
- Non-essential shops may be forced to close.
- No travel into or out of the Level 4 local authority area
unless for a permitted reason.
- Hotels, B&Bs and self-catering accommodation to close,
unless used for essential accommodation.
- All hospitality must close.
- Gyms must closed.
- No non-essential use of public transport.
- Public buildings, including gyms and all leisure,
entertainment, events locations and indoors visitor attractions
must close.
- International travel quarantine regulations apply.
|
Level 3:
Since 26 April 2021, all of Scotland
has been placed into Level 3.
What is permitted? |
What is not permitted? |
-
Travel within Scotland, England and Wales will be allowed
(subject to local restrictions in place)
-
A maximum of six people from up to two households can meet
indoors in public places.
-
Outdoor meetings with a maximum of six people from up to six
households.
-
Restaurants may remain open, with alcohol permitted to be sold
outdoors subject to local licensing laws. Indoor services (no
alcohol) must close by 20.00.
-
Weddings, funerals and wakes with a maximum of 50 people, with
alcohol permitted.
-
Only individual indoor exercise, and outdoor exercise, except
adult contact sports, is permitted.
-
Tourist accommodation may open, subject to in-house
socialising rules.
-
Visitor attractions may open.
-
Close contact services may open.
|
The same restrictions as apply to Levels 0, 1 and 2. In
addition:
-
Sale of alcohol is not permitted indoors.
-
Non-essential use of public transport should be avoided.
-
Whilst travel anywhere in Scotland is permitted, you should
not stay away from your local council area overnight.
-
Leisure and entertainment facilities will be closed.
-
Stadia and events closed, with the exception of drive in
events.
|
Level 2:
On 17 May 2021, Scottish Government
hopes to be able to reduce restrictions to Level 2 across the
mainland and all islands. This will be subject to the progress made
with the vaccination programme and based on what the government has
learned about the vaccine's impact on virus transmission
rates.
What is permitted? |
What is not permitted? |
In addition to the restrictions that
were eased in Level 3:
- A maximum of six people from up to three households can meet
indoors in public places, while a maximum of four people from up to
two households can meet in a private dwelling.
- Outdoor meetings with a maximum of eight people from up to
eight households.
- Pubs will be permitted to sell alcohol indoors in two-hour
slots, and must close by 22.30.
- Sale of alcohol outdoors is permitted subject to local
licensing laws.
- Weddings, funerals and wakes with a maximum of 50 people, with
alcohol permitted.
- Cinemas, theatres, concert halls, music venues, comedy clubs,
amusement arcades, and bingo halls permitted to open.
- Stadia and events (indoors and outdoors) permitted to open,
with up to 100 permitted indoors, and either 500 or 250 outdoors
depending on whether people are seated or standing
respectively.
|
The same restrictions as apply to
Levels 0 and 1. In addition:
- Soft play, funfairs, bowling alleys, snooker/pool halls and
nightclubs must remain closed.
- Travel restrictions will be kept under review.
|
Level 1:
This level is designed to allow for
some level of normality but imposes greater restrictions on indoor
and outdoor meetings than at Level 0, with the Scottish Government
targeting a move to Level 1 by the start of June.
What is permitted? |
What is not permitted? |
In addition to the restrictions that
were eased in Levels 3 and 2:
- Indoor meetings with a maximum of eight people from up to three
households in public spaces, or a maximum of six people from up to
three households in private dwellings.
- Outdoor meetings with a maximum of 12 people from up to 12
households.
- Sale of alcohol outdoors is permitted subject to local
licensing laws but indoors sales must stop by 23.00.
- Weddings, funerals and wakes with a maximum of 100 people, with
alcohol permitted.
- Stadia and events (indoors and outdoors) permitted to open,
with up to 200 permitted indoors, and either 1,000 or 500 outdoors
depending on whether people are seated or standing
respectively.
|
The same restrictions as apply to Level
0. In addition:
- Indoor contact sports for adults are not permitted.
- Travel restrictions will be kept under review.
|
Level 0:
This level represents the final stage
of restrictions being eased with circumstances back to
'normal', with the Scottish Government targeting a move to
Level 0 by the end of June.
What is permitted? |
What is not permitted? |
In addition to the restrictions that
were eased in Levels 3, 2 and 1:
- Indoor meetings with a maximum of 10 people from up to four
households in public spaces, or a maximum of eight people from up
to four households in private dwellings.
- Outdoor meetings with a maximum of 15 people from up to 15
households.
- Weddings, funerals and wakes with a maximum of 200 people, with
alcohol permitted.
- Retail, leisure, hospitality and entertainment facilities may
remain open.
- Sale of alcohol (both indoors and outdoors) is permitted, with
local licensing laws applying.
- All sport and exercise is permitted.
- Work from home remains default but phased and limited return to
offices can begin
- Stadia and events (indoors and outdoors) permitted to open,
with up to 400 permitted indoors, and either 2,000 or 4,000
outdoors depending on whether people are seated or standing
respectively.
|
- Travel restrictions will be kept under review. It may be that
unrestricted travel will be allowed to all Levels 0-2 areas, but no
travel to Level 3 or 4 areas unless for a permitted reason.
- Car sharing with people outside of extended household should be
avoided wherever possible.
- People are not permitted to use public transport without
wearing face coverings.
- Nightclubs cannot open.
|
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.
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