Journal der 1133. Plenarsitzung des Ständigen Rates

Where a panel, during a period for which paragraph 3, 4, 5 or 9 has effect, operates in reliance on that paragraph, the panel must as soon as practicable after making the decision concerned give written notice of that fact to P and P’s nominated person.

A court considering whether to remand an accused person to hospital under section 162(1) may regard the treatment condition as met where the court— and any other requirements for the treatment condition to be met are satisfied. In sub-paragraph (1)(b), “relevant medical practitioner” means a medical practitioner referred to in paragraph (a) or (b) (as the case may be) of section 165(3).

Section 183 (period within which appropriate medical practitioner making extension report in relation to public protection order without restrictions must have examined person subject to order) has effect as if in subsection (3)—

The Code of Practice for the time being published under section 288 is subject to the provisions of such further Code of Practice (“temporary Code”) as the Department of Health in Northern Ireland may prepare, as appropriate revise, and publish, for the guidance, in relation to a period for which a provision of this Schedule has effect, of such of the persons or bodies referred to in subsection (1) of that section as the Department considers appropriate on such matters as the Department considers appropriate. Subsections (4) to (6) and (8) to (10) of section 288 apply to a temporary Code as they apply to a Code of Practice referred to in that section. Section 288 does not otherwise apply to a temporary Code.

Section 297(2) (panels to have 3 members, all present) has effect as if for “(all of whom must be present during any proceedings of the panel)” there were substituted , all of whom must be present during any proceedings of the panel, except where—

Paragraph 4(2) of Schedule 2 (medical practitioner making medical report for inclusion in report under paragraph 2 to have examined P not more than 2 days before date on which medical report is made) has effect in relation to the making of a medical report during a period for which this paragraph has effect as if for “two days” there were substituted “five days”.

Before an appropriate authority imposes a financial penalty on a person under section 28, the authority must by written notice (a “notice of intent”) inform the person that it intends to impose the penalty. The notice of intent must specify—

After the end of the period of 14 days referred to in paragraph 3 the appropriate authority which gave the written notice must— If the appropriate authority decides to impose a financial penalty on the person, it must do so by written notice (a “final notice”). The final notice must require the person to pay the financial penalty within the period of 28 days beginning with the day after that on which the notice was given to the person. The final notice must specify—

A person on whom a financial penalty is imposed by a final notice may appeal against the notice— The grounds for an appeal under this paragraph are that— If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined or withdrawn. On an appeal under this paragraph the tribunal, court, sheriff or summary sheriff may—

A relevant authority must comply with a direction under this Part of this Schedule. A relevant authority must have regard to any guidance given by the Scottish Ministers about how to comply with a direction under this Part of this Schedule. The duty imposed on a relevant authority to comply with a direction under this Part of this Schedule is enforceable, on an application made by the Scottish Ministers, by interdict or (as the case may be) by specific implement. An application made under sub-paragraph (3) may be made without notice being given to the relevant authority. In this paragraph, “relevant authority” has the meaning given by paragraph 7(3).

The Department may give a temporary closure direction that applies to— A temporary closure direction under this paragraph is a direction that requires the governing body of a relevant institution to which it applies to take reasonable steps to secure that persons do not, for a specified period, attend premises of the institution for purposes connected with the institution. Before giving a direction under this paragraph the Department— A temporary closure direction under this paragraph may— Subject to sub-paragraph (6), the Department must publish a temporary closure direction under this paragraph. Where a direction relates to a person specified by name— A temporary closure direction under this paragraph has effect until the earlier of— The governing body of an institution to which a temporary closure direction under this paragraph applies must have regard to any guidance given by the Department about how to comply with that direction. The duty of a governing body of an institution to comply with a temporary closure direction under this paragraph is enforceable against that body by the Department making an application to the High Court or a county court for an injunction. An application under sub-paragraph (9) may be made without notice being given to the governing body of the institution. In this paragraph—

In this Part of this Schedule—

Where an educational closure direction has effect in relation to a school— Any failure by an education authority to discharge the duty under section 4(1) of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) (provision for additional support needs) is to be disregarded to the extent that the failure is attributable to an educational closure direction. Any failure by an education authority to discharge the duty under section 47(1) of the Children and Young People (Scotland) Act 2014 (duty to secure provision of early learning and childcare) is to be disregarded to the extent that the failure is attributable to an educational closure direction. Where early learning and childcare is provided by a person in premises other than a school, references to “school” in sub-paragraph (1) are to be read as if they were references to premises in which such early learning and childcare is provided.

A relevant operator of an educational establishment must have regard to any advice relating to coronavirus from the Chief Medical Officer of the Scottish Administration or such other person as may be designated for the purposes of this paragraph by the Scottish Ministers. Before giving a direction under paragraph 11, the Scottish Ministers— In this paragraph, “relevant operator”, in relation to an educational establishment, is to be construed in accordance with paragraph 11(6) to (8).

Subject to sub-paragraph (2), the Scottish Ministers must publish a direction under paragraph 11. Where a direction relates to a person specified by name— A direction under paragraph 11 has effect until the earlier of— Where a direction under paragraph 11 makes provision mentioned in paragraph 11(3), the Scottish Ministers must, so long as it remains in effect, review the direction—

The Welsh Ministers may give a temporary continuity direction that applies to— A temporary continuity direction is a direction that— Before giving a direction under this paragraph, the Welsh Ministers— A temporary continuity direction under this paragraph may— The duty of a responsible body or relevant institution to which a temporary continuity direction is given under this paragraph to comply with the direction is enforceable against the body or (as the case may be) institution by the Welsh Ministers making an application to the High Court or the county court for an injunction. An application made under sub-paragraph (5) may be made without notice being given to the relevant institution or responsible body. In this paragraph—

The Secretary of State may by notice make provision in relation to England— A notice under sub-paragraph (1) may limit the disapplication or modification of a provision by reference to— A notice under sub-paragraph (1) may also make such consequential modifications of any other enactment, for the specified period, as the Secretary of State considers appropriate. A notice under sub-paragraph (1) must state why the Secretary of State considers that the issuing of the notice is an appropriate and proportionate action in all the circumstances relating to the incidence or transmission of coronavirus. This is the list referred to in sub-paragraph (1)(a)— This is the table referred to in sub-paragraph (1)(b)— Act Enactment Authorised modification The Further and Higher Education Act 1992 Section 44 (collective worship) Any duty imposed on a person by section 44 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. The Further and Higher Education Act 1992 Section 51A (duty to provide for named individuals: England) Any duty imposed by section 51A on a governing body of an institution within section 51A(1) is to be treated as discharged if the governing body has used reasonable endeavours to discharge the duty. Education Act 1996 Section 3 (definition of “pupil”) A person is not for the purposes of the Education Act 1996 to be treated as a pupil at a school merely because any education is provided for that person at the school on a temporary basis for reasons relating to the incidence or transmission of coronavirus. Education Act 1996 Section 14 (functions in respect of primary and secondary schools) Any duty imposed on a person by section 14 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education Act 1996 Section 15ZA to 15ZC (duties on local authorities in respect of post-16 education and training) Any duty imposed on a person by sections 15ZA to 15ZC is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education Act 1996 Section 19 (exceptional provision of education in pupil referral units or elsewhere) Any duty imposed on a person by or under section 19 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education Act 1996 Sections 508A to 508F and Schedule 35C (travel arrangements) Any duty imposed on a person by sections 508A to 508F or Schedule 35C is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education Act 1996 Sections 512 to 512ZB (school meals) Any duty imposed on a person by sections 512 to 512ZB is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. School Standards and Framework Act 1998 Section 70 (requirements relating to collective worship) Any duty imposed on a person by section 70 is to be treated as discharged if the person used reasonable endeavours to discharge the duty. School Standards and Framework Act 1998 Section 88D (determination of admission numbers) Section 88D has effect as if subsections (1) and (3) were omitted, and in subsection (2) for “Such a determination under section 88C may also” there were substituted “A determination under section 88C may” and paragraph (b) (and the preceding “and”) were omitted. School Standards and Framework Act 1998 Section 99 (general restriction on selection by ability or aptitude) Section 99 has effect as if subsections (2) and (4), and the words from “unless” to the end in subsection (3), were omitted. Education Act 2005 Section 5 (duty of chief inspector to inspect certain schools) The duty imposed by section 5(1)(a) is to be treated as discharged if the Chief Inspector has used reasonable endeavours to discharge the duty. Education Act 2005 Section 13 (duty of chief inspector to consider comments on reports of schools causing concern) The duty imposed by section 13(2)(b) is to be treated as discharged if the Chief Inspector has used reasonable endeavours to discharge the duty. Education Act 2005 Section 15 (measures to be taken by local authority) The duty imposed on a local authority by virtue of section 15(3) is to be treated as discharged if the local authority has used reasonable endeavours to discharge the duty. Education Act 2005 Section 17 (statement to be prepared by proprietor of school) The duty imposed on a person by virtue of section 17(2) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education Act 2005 Section 48 (inspection of religious education: England) Any duty imposed on a person by section 48(3) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education Act 2005 Section 49 (procedure for inspection under section 48) Any duty imposed on a person by section 49(1) or (2) is treated as discharged if the person has used reasonable endeavours to discharge the duty. Childcare Act 2006 Sections 7 and 7A (duty to secure early years provision free of charge in accordance with regulations) Any duty imposed on a person by or under section 7 or 7A is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Childcare Act 2006 Section 12 (duty to provide information, advice and assistance) Any duty imposed on a person by or under section 12 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education and Skills Act 2008 Section 124(2) (time limit for appeal by proprietor against decision to deregister independent educational institution) The period for bringing an appeal is to be treated as increased from 28 days to 3 months. Education and Skills Act 2008 Section 125(2) (time limit for appeal by proprietor against other decisions relating to independent educational institution) The period for bringing an appeal is to be treated as increased from 28 days to 3 months. Children and Families Act 2014 Section 42 (duty to secure special educational provision and health care provision in accordance with EHC Plan) Any duty imposed on a person by section 42 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. The specified period in a notice under sub-paragraph (1) must not exceed one month. The Secretary of State may by notice (a “cancellation notice”) cancel a notice under sub-paragraph (1) with effect from the time specified in the cancellation notice. A cancellation notice may contain transitional or saving provision. Where a notice under sub-paragraph (1) modifies section 124(2) or 125(2) of the Education and Skills Act 2008 in the manner specified in the table in sub-paragraph (6), that modification continues to have effect in relation to any decision notice served during the specified period in the notice (except that if the notice is cancelled, that specified period is treated as having ended at the time the cancellation of the notice takes effect under sub-paragraph (8)). Nothing in sub-paragraph (7) or (8) prevents the making of a further notice in relation to any provision. Subject to sub-paragraph (13), the Secretary of State must— Where the notice relates to a person specified by name— In this paragraph—

The Scottish Ministers may by regulations make provision for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination in Scotland (whether from risks originating there or elsewhere). The power in sub-paragraph (1) may be exercised— Regulations under sub-paragraph (1) may in particular include provision— The restrictions or requirements mentioned in sub-paragraph (3)(c) include in particular— The power in sub-paragraph (1) is subject to paragraphs 2 and 3. For the purposes of this Schedule, “health board” and “local authority” have the meanings given in section 124 of the Public Health etc. (Scotland) Act 2008.

For the purposes of this Schedule— In relation to a person, that the person— In relation to a thing— In relation to premises— For the purposes of this paragraph—

Where the Secretary of State gives a direction under paragraph 1(1), the Secretary of State may also give a direction in writing to any person requiring the person to make such arrangements, or take such steps, as the Secretary of State considers appropriate in consequence of the direction under paragraph 1(1). A direction under sub-paragraph (1) must specify— and be accompanied by the direction under paragraph 1(1) to which it relates. A direction under sub-paragraph (1) may, among other things—

In this Schedule—

The Tribunals, Courts and Enforcement Act 2007 has effect as if after section 29 there were inserted—

In this Schedule “the relevant period” means the period— The relevant national authority may by regulations made by statutory instrument amend sub-paragraph (1)(b) to specify a later date than the date for the time being specified there. In this Schedule “relevant national authority” means—

Sub-paragraph (2) applies if the President of the Mental Health Review Tribunal for Wales (“the Tribunal”), or another member of the Tribunal appointed by the President for the purpose referred to in paragraph 4 of Schedule 2 to the 1983 Act, considers that it is impractical or would involve undesirable delay for the Tribunal to be constituted, for the purposes of any proceedings or class or group of proceedings under the 1983 Act, by at least three members as provided for in that paragraph. The President, or that other member, may instead appoint to constitute the Tribunal, for the purposes of those proceedings or that class or group of proceedings— Where the Tribunal is constituted by one or two members under sub-paragraph (2)(a) or (b), section 65(3) has effect as if the reference to any three or more of its members were a reference to that one member or those two members (as the case may be). Paragraph 6 of Schedule 2 to the 1983 Act does not apply where the Tribunal is constituted by one or two members under sub-paragraph (2)(a) or (b). If the Tribunal is constituted by two members, the legal member is to be the chairman. Where the Tribunal is constituted by a single member under sub-paragraph (2)(a), in rule 11(2) of the Mental Health Review Tribunal for Wales Rules 2008 (S.I. 2008/2705) (“the 2008 Rules”), the reference to the chairman is to be read as a reference to that member. Where the Tribunal is constituted under sub-paragraph (2) without a medical member, rule 20(1) and (2) of the 2008 Rules does not apply.

Sections 35(7) (period of remand to hospital for report on mental condition) and 36(6) (period of remand to hospital for treatment) have effect as if the words “or for more than 12 weeks in all” were omitted.

The provisions listed in sub-paragraph (2) have effect as if references to conveying or admitting a person to hospital within a specified period were references to doing so within that period or as soon as practicable after the end of that period. Those provisions are— Section 47(2) (period within which person subject to transfer direction must be received into hospital) has effect as if for “14 days” there were substituted “28 days”. This paragraph applies, during a period for which it has effect, only in relation to a person in respect of whom an order or direction is made after the beginning of that period.

Paragraph 5 of Schedule 2 (person making report under paragraph 2 to have personally seen P not more than 2 days before date on which report is made) has effect in relation to the making of a report during a period for which this paragraph has effect as if for “two days” there were substituted “five days”.

The Secretary of State may by regulations amend the list in paragraph 5(5) or the table in paragraph 5(6) so as to add an enactment relating (directly or indirectly) to children, education or training, or to vary or remove an entry. The power to make regulations under this paragraph is exercisable by statutory instrument. Regulations under this paragraph may— A statutory instrument containing regulations under this paragraph must be laid before Parliament as soon as reasonably practicable after being made. Regulations contained in an instrument laid before Parliament by virtue of sub-paragraph (4) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made, unless within that period the instrument is approved by a resolution of each House of Parliament. In calculating the period of 40 days, no account is to be taken of any time during which— Where regulations cease to have effect as a result of sub-paragraph (5), that does not— Where a notice has been given under paragraph 5 by virtue of the regulations and the regulations cease to have effect during the specified period set out in that notice, the specified period is treated as ending at the time the regulations cease to have effect.

The provisions of this Schedule bind the Crown.

The Mental Health Review Tribunal for Wales Rules 2008 (“the 2008 Rules”) have effect subject to this paragraph. The Tribunal may determine an application or reference without a hearing if it considers that— The Tribunal must, as soon as reasonably practicable, give notice to each party of— Where an application or reference is to be determined in accordance with sub-paragraph (2)— The Tribunal may at any time reverse a decision to dispense with a hearing under sub-paragraph (2), and if it does so it must give notice to each party and make such consequential directions as it considers appropriate. Expressions used in this paragraph and in the 2008 Rules have the same meaning as in those Rules.

If the President of the Tribunal is temporarily unable to discharge the functions of the office, the President of the Welsh Tribunals may from time to time nominate another legal member of the Tribunal to act as the temporary deputy of the President of the Tribunal for the purpose of discharging those functions generally or certain of them specifically. While such a nomination remains in force, any reference to the President of the Tribunal in the 1983 Act or any other enactment or instrument is to be read accordingly.

Paragraph 19(2) of Schedule 1 (time limit for panel’s decision) has effect as if for “7 working days” there were substituted “28 working days”.

For the purposes of paragraph 1 the “volunteering periods” are— A volunteering period specified in regulations under sub-paragraph (1)(b) or (1)(c)— In this paragraph the “relevant national authority” means— The Secretary of State may not make regulations under this paragraph in relation to Northern Ireland unless the Department for the Economy in Northern Ireland consents.

This paragraph applies in relation to a worker who is supplied by a person (an “agent”) to do work for another (a “principal”) under a contract or other arrangements made between the agent and the principal. Where the worker gives notice and a certificate under paragraph 1(2) to the employer, the employer must as soon as reasonably practicable provide copies of them— For the purposes of the provisions mentioned in sub-paragraph (4) references to the worker’s employer are to be read as including— (where they would not otherwise be the worker’s employer). The provisions referred to in sub-paragraph (3) are—

This paragraph applies where— In this paragraph “emergency period” means a period for which paragraph 26 or (as the case may be) 27 has effect. The local authority is not prevented by that decision from subsequently carrying out an assessment under section 63(2) of SSW(W)A 2014 (whether during or after the emergency period) and deciding to impose a charge for meeting those needs during that period; and nothing in that section is to be taken to prevent the authority from carrying out such an assessment, even though the authority has already begun to meet, or has met, those needs. In so far as there is any charge for meeting any needs under section 35 of SSW(W)A 2014 during the emergency period, the fact that condition 3 in that section is not met at the time of the imposition of the charge does not affect anything already done under that section. In so far as there is any charge for meeting any needs under section 40 of SSW(W)A 2014 during the emergency period, the fact that condition 3 in that section is not met at the time of the imposition of the charge does not affect anything already done under that section.

For the purposes of this Schedule, a person is “potentially infectious” at any time if— For the purposes of this paragraph, “infected area” means any country, territory or other area outside the United Kingdom which the Secretary of State has declared as a country, territory or area— A declaration under sub-paragraph (2)—

Paragraphs 30 to 32 apply where, during a transmission control period— A public health officer may exercise a power conferred by paragraphs 30 to 32 only if the officer considers that it is necessary and proportionate to do so—

This paragraph applies where, during a transmission control period— The immigration officer or constable may, subject to sub-paragraphs (3) to (6), keep the person at that place until such time as a public health officer can exercise the functions under paragraphs 53 to 55 in relation to that person. A person may not under sub-paragraph (2) be kept— If before the end of the period referred to in sub-paragraph (3)(a) or (b) the immigration officer or constable considers that it is necessary to extend the period because it is not reasonably practicable for a public health officer to exercise the functions under paragraphs 53 to 55 before the end of that period, the officer or constable may, with the consent of a relevant officer, extend the period for a further— In sub-paragraph (4) “relevant officer” means— An immigration officer or constable may keep a person under this paragraph only if they consider it is necessary and proportionate to do so— Where an immigration officer or constable keeps a person at a place under this paragraph, they must inform that person— An immigration officer or constable must, before exercising the powers conferred by this paragraph, consult a public health officer to the extent that it is practicable to do so.

A direction, instruction, requirement or restriction under this Part of this Schedule may be given or imposed orally or in writing. But where a requirement or restriction under paragraph 58 is given to a person orally by a public health officer, the public health officer must as soon as reasonably practicable thereafter give the person a notice setting it out in writing.

When the transmission control period during which a power conferred by this Part of this Schedule is exercised comes to an end, any requirement or restriction imposed under the power ceases to have effect in respect of times after the end of the period.

A public health officer may require the person referred to in paragraph 29 to remain at the place for screening and assessment purposes for a period not exceeding 48 hours. Where a public health officer requires a person to remain at a place under this paragraph, the officer must inform that person— A requirement imposed on a person under this paragraph may be enforced by a constable keeping the person at the place.

A public health officer may— Requirements under sub-paragraph (1)(a) may in particular include requirements on a person— In sub-paragraph (2)(a)(ii) “healthcare professional” means — Requirements under sub-paragraph (1)(b) may in particular include requirements on a person—

If a public health officer considers it appropriate for the purposes of screening or assessing the person, the officer may— Where a public health officer exercises the powers conferred by this paragraph, the officer must inform that person—

Where the powers in paragraph 27, 28 or 32 are exercised in relation to a person in a place so as to direct them to go to, or remove them to, another place, paragraphs 30 to 32 apply in relation to that person afresh in that other place.

A local authority does not have to comply with any duties imposed by the following provisions of CA 2014— The reference in paragraph (c) to subsection (4A) of section 27 of CA 2014 is to the subsection treated as inserted by regulation 11 of the Care and Support (Children’s Carers) Regulations 2015 (S.I. 2015/305).

A local authority does not have to comply with any duties imposed by—

The Secretary of State may issue guidance about how local authorities are to exercise functions under any of the following enactments in consequence of the provision made by this Part of this Schedule— A local authority must have regard to any guidance issued under this paragraph. A local authority must comply with such guidance issued under this paragraph as the Secretary of State directs. The Secretary of State— A local authority may disregard any guidance under section 7 of the Local Authority Social Services Act 1970 or section 78 of CA 2014, so far as it is inconsistent with guidance issued under this paragraph.

A local authority does not have to comply with any duties imposed by section 17 of CA 2014 (assessment of financial resources). This is subject to sub-paragraph (2). A local authority may not make a charge under section 14 of CA 2014 for meeting any needs under section 18, 19, 20 or 62 of that Act during a period for which paragraph 4, 5, 6 or (as the case may be) 9 of this Schedule has effect without having carried out an assessment under section 17 of that Act. The requirement under sub-paragraph (2) to carry out an assessment under section 17 of CA 2014 applies whether or not the authority has made a determination under section 13(1) of that Act.

The maximum amount of a financial penalty that may be specified in a notice of intent given to a person who is carrying on a business consisting of the provision of goods or services is 1% of the qualifying turnover of the person. In sub-paragraph (1), “qualifying turnover”, in relation to a person, means the amount of the person’s turnover for their most recent complete accounting period (or, if their first accounting period has not yet ended, the amount the appropriate authority estimates to be the likely turnover for that period). For the purposes of sub-paragraph (2) the amount of a person’s turnover for an accounting period is, in the event of a disagreement between the person and the appropriate authority, the amount determined by that authority. For the purposes of this paragraph—

This paragraph applies if a person to whom a final notice is given does not pay the financial penalty specified in the notice within the period of 28 days referred to in paragraph 4(3). The amount of the penalty is increased by 50%. The appropriate authority which gave the final notice may publish, in such manner as it thinks fit—

If a person does not pay the whole or any part of a financial penalty which the person is liable to pay under this Schedule, the penalty or part of the penalty is recoverable—

The Secretary of State may, subject to sub-paragraph (2), give a direction in writing to an operator of a port requiring the operator to suspend such relevant port operations as the Secretary of State may specify in the direction. The Secretary of State may give a direction under sub-paragraph (1) only if— A direction under sub-paragraph (1) must specify—

The Secretary of State must notify the Scottish Ministers, the Welsh Ministers and the Department for Infrastructure in Northern Ireland of any direction or notice given under this Schedule.

This paragraph applies where, during a transmission control period— A public health officer may at any time during the transmission control period impose such requirements and restrictions on the person as the officer considers necessary and proportionate— Requirements under this paragraph may include requirements— Restrictions on a person under this paragraph may include restrictions, for a specified period, on— Where a public health officer imposes a requirement or restriction on a person under this paragraph, the officer must inform the person— In deciding whether to impose a requirement referred to in sub-paragraph (3)(d) or (e) the public health officer must have regard to a person’s wellbeing and personal circumstances. A public health officer may vary or revoke a requirement or restriction imposed on a person (but may only extend the period to which a requirement referred to in sub-paragraph (3)(d) or (e) or a restriction relates in accordance with paragraph 15).

A public health officer, constable or immigration officer may give reasonable instructions to a person in connection with— Where a public health officer, constable or immigration officer gives a reasonable instruction to a person under sub-paragraph (1), the officer or constable must inform that person— A power conferred by this Part of this Schedule to remove a person to a place includes a power to keep the person for a reasonable period pending their removal. A constable or immigration officer may use reasonable force, if necessary, in the exercise of a power conferred by this Part of this Schedule. A constable may enter any place for the purpose of the exercise of a power conferred by this Part of this Schedule.

A person commits an offence if the person— A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

This paragraph applies if, during a transmission control period, a public health officer has reasonable grounds to suspect that a person in Wales is potentially infectious. The public health officer may, subject to sub-paragraph (3)— A public health officer may exercise the powers conferred by this paragraph in relation to a person only if the officer considers that it is necessary and proportionate to do so— Where a public health officer exercises the powers conferred by this paragraph, the officer must inform that person—

This paragraph applies where during a transmission control period— A public health officer may at any time during the transmission control period impose such requirements and restrictions on the person as the officer considers necessary and proportionate— Requirements under this paragraph may include requirements— Restrictions on a person under this paragraph may include restrictions, for a specified period, on— Where a public health officer imposes a requirement or restriction on a person under this paragraph, the officer must inform the person— In deciding whether to impose a requirement referred to in sub-paragraph (3)(d) or (e) the public health officer must have regard to a person’s wellbeing and personal circumstances. A public health officer may vary or revoke a requirement or restriction imposed on a person (but may only extend the period to which a requirement referred to in sub-paragraph (3)(d) or (e) or a restriction relates in accordance with paragraph 59).

This paragraph applies if, during a transmission control period, a public health officer has reasonable grounds to suspect that a person in England is potentially infectious. The public health officer may, subject to sub-paragraph (3)— A public health officer may exercise the powers conferred by this paragraph in relation to a person only if the officer considers that it is necessary and proportionate to do so— Where a public health officer exercises the powers conferred by this paragraph, the officer must inform that person—

A public health officer, constable or immigration officer may give reasonable instructions to a person in connection with— Where a public health officer, constable or immigration officer gives a reasonable instruction to a person under sub-paragraph (1), the officer or constable must inform that person— A power conferred by this Part of this Schedule to remove a person to a place includes a power to keep the person for a reasonable period pending their removal. A constable or immigration officer may use reasonable force, if necessary, in the exercise of a power conferred by this Part of this Schedule. A constable may enter any place for the purpose of the exercise of a power conferred by this Part of this Schedule.

A person commits an offence if the person— A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

A person, or description of person, designated in writing for the purpose of this sub-paragraph by the Secretary of State may take such action as is necessary to enforce compliance with a direction issued under this Part of this Schedule. Proceedings for an offence under this Part of this Schedule may be brought by a person, or description of person, designated in writing for the purpose of this sub-paragraph by the Secretary of State. The powers conferred by or under this paragraph do not affect any other power to enforce compliance with a direction issued under this Part of this Schedule or to bring proceedings for an offence under this Part of this Schedule.

The Secretary of State may at any time revoke a direction or notice under this Schedule to any extent, having regard to the risk referred to in paragraph 1(2)(a).

The period specified in relation to a requirement referred to in paragraph 14(3)(d) or (e) (a “requirement to remain”), or in relation to any restriction under paragraph 14, may not exceed 14 days. After the imposition of a requirement to remain or a restriction under paragraph 14, a public health officer must— The public health officer may, following reconsideration under sub-paragraph (2)— If under sub-paragraph (3) the public health officer revokes the requirement to remain or the restriction, the Secretary of State may, if satisfied that the person is potentially infectious, re-impose the requirement or restriction (for the period originally specified). If before the end of the period specified in relation to a requirement to remain or restriction (under paragraph 14(3) or sub-paragraph (3)(a))— the officer may extend the period for a further specified period. Except in the case of a requirement referred to in paragraph 14(3)(e) (requirement to remain in isolation), the further period specified under sub-paragraph (5) may not exceed 14 days. Where the period to which a requirement to remain or restriction under paragraph 14 relates is extended under sub-paragraph (5), a public health officer must review the requirement or restriction at least once in every period of 24 hours. If on a review under sub-paragraph (7) the public health officer considers that the person is no longer potentially infectious, the officer must revoke the requirement to remain or the restriction. If on a review under sub-paragraph (7)— the public health officer may substitute a different requirement or restriction under paragraph 14 (which may not apply beyond the end of the further period specified under sub-paragraph (5)).

This paragraph applies if, during a transmission control period— has reasonable grounds to suspect that a person in Wales is potentially infectious. The immigration officer or constable may, subject to sub-paragraph (3)— An immigration officer or constable may exercise the powers conferred by this paragraph in relation to a person only if the officer or constable considers that it is necessary and proportionate to do so— Where an immigration officer or constable exercises the power to direct or remove a person under this paragraph, the officer or constable must inform that person— An immigration officer or constable must, before exercising the powers conferred by this paragraph, consult a public health officer to the extent that it is practicable to do so.

The period specified in relation to a requirement referred to in paragraph 58(3)(d) or (e) (a “requirement to remain”), or in relation to any restriction under paragraph 58, may not exceed 14 days. After the imposition of a requirement to remain or a restriction under paragraph 58, a public health officer must— The public health officer may, following reconsideration under sub-paragraph (2)— If under sub-paragraph (3) the public health officer revokes the requirement to remain or the restriction, the Welsh Ministers may, if satisfied that the person is potentially infectious, re-impose the requirement or restriction (for the period originally specified). If before the end of the period specified in relation to a requirement to remain or restriction (under paragraph 58(3) or sub-paragraph (3)(a))— the officer may extend the period for a further specified period. Except in the case of a requirement referred to in paragraph 58(3)(e) (requirement to remain in isolation), the further period specified under sub-paragraph (5) may not exceed 14 days. Where the period to which a requirement to remain or restriction under paragraph 58 relates is extended under sub-paragraph (5), a public health officer must review the requirement or restriction at least once in every period of 24 hours. If on a review under sub-paragraph (7) the public health officer considers that the person is no longer potentially infectious, the officer must revoke the requirement to remain or the restriction. If on a review under sub-paragraph (7)— the public health officer may substitute a different requirement or restriction under paragraph 58 (which may not apply beyond the end of the further period specified under sub-paragraph (5)).

This paragraph applies if, during a transmission control period— has reasonable grounds to suspect that a person in England is potentially infectious. The immigration officer or constable may, subject to sub-paragraph (3)— An immigration officer or constable may exercise the powers conferred by this paragraph in relation to a person only if the officer or constable considers that it is necessary and proportionate to do so— Where an immigration officer or constable exercises the power to direct or remove a person under this paragraph, the officer or constable must inform that person— An immigration officer or constable must, before exercising the powers conferred by this paragraph, consult a public health officer to the extent that it is practicable to do so.

Where a person is required to remain at a place under paragraph 14(3)(d) or (e) the requirement may be enforced—

Where a person is required to remain at a place under paragraph 58(3)(d) or (e), the requirement may be enforced—

A person on whom a requirement or restriction is imposed under paragraph 14 may appeal against it (or against any variation of it or any extension of the period to which it relates) to a magistrates’ court. On an appeal under this paragraph the court may—

A person on whom a requirement or restriction is imposed under paragraph 58 may appeal against it (or against any variation of it or any extension of the period to which it relates) to a magistrates’ court. On an appeal under this paragraph the court may—

This paragraph applies where— In making an application under section 48(1) of the 2016 Act, the local authority may elect— Where the local authority makes such an election, it must retain the ashes until such time as— As soon as practicable after the revocation of the determination, the local authority must— Where the local authority is unable to identity a surviving relative or ascertain a relative’s wishes, it may direct the cremation authority to dispose of the ashes in accordance with the 2016 Act. Sub-paragraph (3) does not apply where a relative of the deceased person notifies the local authority of the way in which the ashes should be dealt with.

In this Part of this Schedule— Expressions used in this Part of this Schedule and in the 2016 Act have the same meanings as in that Act.

The Scottish Ministers may determine that the provisions listed in sub-paragraph (2) are to have no effect from such date as may be specified in the determination. The provisions are— A determination under sub-paragraph (1) may be revoked by the Scottish Ministers making a determination to that effect. The Scottish Ministers must publish any determination made under this paragraph in such manner as they consider appropriate.

The Department may give a temporary closure direction that applies to— A temporary closure direction under this paragraph is a direction that— Before giving a direction under this paragraph, the Department— A temporary closure direction under this paragraph, may— Subject to sub-paragraph (6), the Department must publish a temporary closure direction under this paragraph. Where a direction relates to a person specified by name— A temporary closure direction under this paragraph has effect until the earlier of— The managers of a school to which a temporary closure direction under this paragraph applies must have regard to any guidance given by the Department about how to comply with that direction. The duty of the managers of a school to comply with a temporary closure direction under this paragraph is enforceable against those managers by the Department making an application to the High Court or a county court for an injunction. An application under sub-paragraph (9) may be made without notice being given to the managers of the school. Where a temporary closure direction under this paragraph applies to a school, there is no breach of the following duties to the extent that a failure to satisfy the terms of the duty is attributable to the direction— For the purposes of Article 45(2) of, and paragraphs 1 and 4 of Schedule 13 to, the 1986 Order, a child cannot be taken to have failed to attend regularly at a school where that failure is attributable to a temporary closure direction under this paragraph. In this paragraph—

The Secretary of State may— The Welsh Ministers may— An authorisation granted under this paragraph may be subject to the fulfilment of such terms and conditions as are specified in the authorisation. In this paragraph—

This paragraph applies if, during a transmission control period, a public health officer has reasonable grounds to suspect that a person in Northern Ireland is potentially infectious. The public health officer may, subject to sub-paragraph (3)— A public health officer may exercise the powers conferred by this paragraph in relation to a person only if the officer considers that it is necessary and proportionate to do so— Where a public health officer exercises the powers conferred by this paragraph, the officer must inform that person—

This paragraph applies where, during a transmission control period— A public health officer may at any time during the transmission control period impose such requirements and restrictions on the person as the officer considers necessary and proportionate— Requirements under this paragraph may include requirements— Restrictions on a person under this paragraph may include restrictions, for a specified period, on— Where a public health officer imposes a requirement or restriction on a person under this paragraph, the officer must inform the person— In deciding whether to impose a requirement referred to in sub-paragraph (3)(d) or (e) the public health officer must have regard to a person’s wellbeing and personal circumstances. A public health officer may vary or revoke a requirement or restriction imposed on a person (but may only extend the period to which a requirement referred to in sub-paragraph (3)(d) or (e) or a restriction relates in accordance with paragraph 80).

A public health officer, constable or immigration officer may give reasonable instructions to a person in connection with— Where a public health officer, constable or immigration officer gives a reasonable instruction to a person under sub-paragraph (1), the officer or constable must inform that person— A power conferred by this Part of this Schedule to remove a person to a place includes a power to keep the person for a reasonable period pending their removal. A constable or immigration officer may use reasonable force, if necessary, in the exercise of a power conferred by this Part of this Schedule. A constable may enter any place for the purpose of the exercise of a power conferred by this Part of this Schedule.

A person commits an offence if the person— A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Nothing in this Schedule applies in relation to the Parliamentary Estate.

The Criminal Justice Act 2003 has effect as if amended in accordance with this Part of this Schedule.

The Criminal Justice Act 1988 has effect as if section 32 (evidence given by persons abroad through television links) were omitted. But section 32 continues to have effect for the purposes of— Accordingly the modification in sub-paragraph (1) does not—

After section 53 there were inserted—

Section 56 has effect as if amended as follows. In subsection (1)— For subsection (2) there were substituted— In subsection (3)— After subsection (3) there were inserted— For subsection (4) there were substituted—

The Serious Organised Crime and Police Act 2005 has effect as if section 75A were omitted.

A direction or scheme under this Part of this Schedule may—

The appropriate national authority may designate a local authority for the purposes of this Part of this Schedule if of the view that— If, having made a designation under this paragraph, the appropriate national authority ceases to be of the view mentioned in sub-paragraph (1), the appropriate national authority must revoke the designation (but this does not limit the future exercise of the power in sub-paragraph (1) in relation to the same local authority). If a mayoral combined authority is designated under sub-paragraph (1), the designation may make provision for its functions under this Part of this Schedule to be exercisable only by the mayor. A designation or revocation under this paragraph— In sub-paragraph (4)(b) “the appropriate Gazette” means— In this Part of this Schedule “designated local authority” means a local authority for the time being designated under this paragraph.

If there is a conflict between— the direction given by the local authority is of no effect to the extent of that conflict.

The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114) have effect subject to the following modifications. After regulation 3 insert— After regulation 7A insert— In regulation 13 (appeal to the Scottish Ministers) before paragraph (1) insert—

The Scottish Ministers may by regulations modify this Schedule. Regulations under sub-paragraph (1) are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

The Tribunal may consist of— if it is impractical to comply with paragraph 7(3) of that Schedule.

An application by a mental health officer under section 63 may be founded on a mental health report from a single approved medical practitioner (who may be the practitioner making the application) if the approved medical practitioner considers that compliance with the requirement under that section for mental health reports from two medical practitioners is impractical or would involve undesirable delay. A single mental health report must otherwise comply with the requirements of section 57.

Section 136(3) and (6) have effect as if references to admitting a person to hospital within the period of 7 days were references to doing so within that period or as soon as practicable after the end of that period.

This paragraph applies if, during a transmission control period— has reasonable grounds to suspect that a person in Northern Ireland is potentially infectious. The immigration officer or constable may, subject to sub-paragraph (3)— An immigration officer or constable may exercise the powers conferred by this paragraph in relation to a person only if the officer or constable considers that it is necessary and proportionate to do so— Where an immigration officer or constable exercises the power to direct or remove a person under this paragraph, the officer or constable must inform that person— An immigration officer or constable must, before exercising the powers conferred by this paragraph, consult a public health officer to the extent that it is practicable to do so.

The period specified in relation to a requirement referred to in paragraph 79(3)(d) or (e) (a “requirement to remain”) or in relation to any restriction under paragraph 79, may not exceed 14 days. After the imposition of a requirement to remain or a restriction under paragraph 79, a public health officer must— The public health officer may, following reconsideration under sub-paragraph (2)— If under sub-paragraph (3) the public health officer revokes the requirement to remain or the restriction, the Department of Health may, if satisfied that the person is potentially infectious, re-impose the requirement or restriction (for the period originally specified). If before the end of the period specified in relation to a requirement to remain or restriction (under paragraph 79(3) or sub-paragraph (3)(a))— the officer may extend the period for a further specified period. Except in the case of a requirement referred to in paragraph 79(3)(e) (requirement to remain in isolation), the further period specified under sub-paragraph (5) may not exceed 14 days. Where the period to which a requirement to remain or restriction under paragraph 79 relates is extended under sub-paragraph (5), a public health officer must review the requirement or restriction at least once in every period of 24 hours. If on a review under sub-paragraph (7) the public health officer considers that the person is no longer potentially infectious, the officer must revoke the requirement to remain or the restriction. If on a review under sub-paragraph (7)— the public health officer may substitute a different requirement or restriction under paragraph 79 (which may not apply beyond the end of the further period specified under sub-paragraph (5)).

Where a person is required to remain at a place under paragraph 79(3)(d) or (e), the requirement may be enforced—

A person on whom a requirement or restriction is imposed under paragraph 79 may appeal against it (or against any variation of it or any extension of the period to which it relates) to a court of summary jurisdiction. On an appeal under this paragraph the court may—

The Nursing and Midwifery Order 2001 (S.I. 2002/253) has effect as if it were subject to the following modifications. The Order has effect as if after article 9 there were inserted— Article 25(1) (power of Nursing and Midwifery Council to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the Registrar in carrying out functions in respect of identifying any person registered by virtue of article 9A(2)(b) (emergency registration of a group of persons). Article 37 (appeals against Registrar's decisions) has effect as if after paragraph (2B) there were inserted—

A local authority does not have to comply with any duties imposed by the following provisions— (and accordingly section 11 of that Act (refusal of assessment) does not apply). A local authority does not have to comply with any duties imposed by section 13 of CA 2014 (determination of whether needs meet the eligibility criteria) or any regulations made under that section. A local authority does not have to comply with any duties imposed by the following provisions— Nothing in this paragraph prevents a local authority from carrying out any assessment, or making any determination, it considers appropriate for the purposes of exercising its functions under section 18, 19, 20 or 62 of CA 2014 (as modified by paragraphs 4 to 6 and 9 of this Schedule).

A person who is required under the 1965 Act to give information about a death or still-birth to the district registrar for a registration district may give the information to the registrar— if the person is unable to attend the registrar personally. A person is to be treated as unable to give information for the purposes of sub-paragraph (1) if it would be unreasonable for the person to do so (whether because of illness, the need to care for others, the risk of infection, staff shortages at the district registrar’s office or any other reason). Where information is given under sub-paragraph (1)— For the purpose of sub-paragraph (3), “an approved digital means of attesting” is a means specified for that purpose in guidance issued by the Registrar General.

Anything relating to the registration of a death or still-birth that, immediately before the end of any period for which a provision of this Part of this Schedule has effect, is in the process of being done in reliance on that provision may continue to be done after the end of that period in reliance on that provision.

A person to whom a notice of intent is given may, within the period of 14 days beginning with the day after that on which the notice was given, make written representations about the proposed financial penalty to the appropriate authority which gave the notice.

The appropriate authority may at any time— The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person to whom the notice of intent or final notice was given.

The Secretary of State may give a temporary continuity direction that applies to— A temporary continuity direction is a direction under this paragraph that— Before giving a direction under this paragraph, the Secretary of State— A temporary continuity direction under this paragraph may— Where a temporary continuity direction under this paragraph applies to a relevant institution— subject to any modifications necessary to enable the direction to be complied with. The duty of a responsible body or relevant institution to which a temporary continuity direction is given under this paragraph to comply with the direction is enforceable against the body or (as the case may be) institution by the Secretary of State making an application to the High Court or the county court for an injunction. An application made under sub-paragraph (6) may be made without notice being given to the responsible body or relevant institution. In this paragraph—

Subject to sub-paragraph (2), the appropriate authority must publish a temporary continuity direction under paragraph 1 or 2. Where a direction relates to a person specified by name— A temporary continuity direction under paragraph 1 or 2 has effect until the earlier of— A person to whom a temporary continuity direction under paragraph 1 or 2 is given must have regard to any guidance given by the appropriate authority about how to comply with a direction given by that authority under that paragraph. In this paragraph, subject to sub-paragraph (6), “appropriate authority” means— Where a person gives a direction by virtue of an authorisation under paragraph 3, “the appropriate authority”—

The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 (S.I. 2004/478 (W. 48)) have effect subject to the following modifications. Sub-paragraph (1)(a) does not apply in the case of a person who is performing primary medical services by virtue of regulation 22A of the National Health Service (Primary Medical Services Performers Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)). This paragraph does not apply in the case of a person who is performing primary medical services by virtue of regulation 22A of the National Health Service (Primary Medical Services Performers Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)). This paragraph does not apply in the case of a person who is performing primary medical services by virtue of regulation 22A of the National Health Service (Primary Medical Services Performers Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)).

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

The Secretary of State may, for the purpose of— issue a direction prohibiting, or imposing requirements or restrictions in relation to, the holding of an event or gathering in England. A direction under sub-paragraph (1) may be issued in relation to— A direction under sub-paragraph (1) may only have the effect of imposing prohibitions, requirements or restrictions on— A direction under sub-paragraph (1) may only be issued during a public health response period. 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. For the purposes of sub-paragraph (2), events or gatherings may be described— 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.

Before issuing a direction under this Part of this Schedule, the Secretary of State must have regard to any relevant advice given to the Secretary of State by the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health and Social Care. Where a direction imposes prohibitions, requirements or restrictions on a person specified by name, the direction— In any other case, the direction must be published in such manner as the Secretary of State considers appropriate to bring it to the attention of persons who may be affected by it. Where the Secretary of State varies or revokes a direction which imposes prohibitions, requirements or restrictions on a person specified by name, notice of the variation or revocation— Where the Secretary of State varies or revokes any other direction, notice of the variation or revocation must be published in such manner as the Secretary of State considers appropriate to bring it to the attention of persons who may be affected by the variation or revocation.

The Criminal Appeal Act 1968 has effect as if amended as follows. In section 22 (right of appellant to be present), subsections (4) to (6) were omitted. In section 23 (evidence), subsection (5) were omitted. In section 31 (powers of Court which are exercisable by single judge)— In section 31A (powers of court under Part 1 which are exercisable by registrar)—

Section 57A has effect as if amended as follows. For subsections (1) and (2) there were substituted— In subsection (3)— After subsection (3) there were inserted—

Section 57F has effect as if amended as follows. In the heading, “certain” were omitted. For subsections (1) to (3) there were substituted— In subsection (4) for “Such a direction” there were substituted “A live link direction under this section”. After subsection (4) there were inserted— In subsection (5), after “relates” there were inserted “(but this does not affect the court‘s power to give a further live link direction in relation to the hearing)”. For subsection (6) there were substituted— For subsection (7) there were substituted— Subsection (8) were omitted. In subsection (10)(b) for “a preliminary” there were substituted “an enforcement”. After subsection (10) there were inserted—

Any power to make regulations under this Schedule— A statutory instrument containing regulations of the Secretary of State under paragraph 1 or 13 is subject to annulment in pursuance of a resolution of either House of Parliament. A statutory instrument containing regulations of the Welsh Ministers under paragraph 1 or 13 is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Section 5(1) of the Protection from Eviction Act 1977 (validity of notices to quit) is to be read, in relation to Rent Act notices to quit given by the landlord during the relevant period, as if the reference to 4 weeks were a reference to 3 months. In sub-paragraph (1) “Rent Act notice to quit” means a notice to quit relating to a tenancy that is a protected tenancy for the purposes of the Rent Act 1977 (see section 1 of that Act). Section 3 of the Rent Act 1977 (terms and conditions of statutory tenancies) is to be read as if after subsection (4) there were inserted—

Section 8 of the Housing Act 1988 (notice of proceedings for possession: assured tenancies) is to be read, in relation to notices served under that section during the relevant period, as if—

Section 143E of the Housing Act 1996 (notice of proceedings for possession of a dwelling-house let under a demoted tenancy) is to be read, in relation to notices served under that section during the relevant period, as if for subsection (3) there were substituted—

The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018 (S.S.I. 2018/66) have effect subject to the following modifications. Sub-paragraph (1)(a) does not apply in the case of a person who is performing primary medical services by virtue of regulation 3A of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114). This paragraph does not apply in the case of a person who is performing primary medical services by virtue of regulation 3A of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114). This paragraph does not apply in the case of a person who is performing primary medical services by virtue of regulation 3A of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114).

References in Part 2 of this Schedule to sections and schedules are to sections and schedules of the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”). Expressions used in Part 2 of this Schedule and in the 2003 Act have the same meaning as in that Act. References in Part 3 of this Schedule to sections are to sections of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”). Expressions used in Part 3 of this Schedule and in the 1995 Act have the same meaning as in that Act.

Medicine (as defined in section 240) may be given to a patient without a certificate under section 241(1) if the patient’s responsible medical officer has requested a certificate from a designated medical practitioner but the practitioner has not yet issued a certificate (and a certificate has not been refused).

Any power of a court under a provision listed in sub-paragraph (2) may be exercised if the court— and any other conditions for the exercise of the power are met. Those provisions are—

The Mental Health (Conflict of Interest) (Scotland) Regulations 2017 apply as if the regulations mentioned in sub-paragraph (2) (all of which make provision about circumstances in which there is to be taken to be a conflict of interest for medical practitioners) were omitted. Those regulations are—

An approved medical practitioner may grant a short-term detention certificate in respect of a patient under section 44(1) without consulting a mental health officer if the practitioner considers that compliance with the requirement under that section to consult a mental health officer (and for the mental health officer to consent to the granting of the certificate) is impractical or would involve undesirable delay. Sub-paragraphs (3) to (6) apply where a short-term detention certificate (the “first certificate”) is in force in respect of a patient. Despite section 44(1)(b), an approved medical practitioner may grant one further short-term detention certificate (the “second certificate”) in respect of the patient under section 44(1). The second certificate may be granted before or on the expiry of the first certificate. If the second certificate is granted before the expiry of the first certificate, the first certificate expires on the granting of the second certificate. If the approved medical practitioner grants a second certificate, the practitioner must record the reasons why it has been impracticable to apply instead for a compulsory treatment order. Other than as mentioned in sub-paragraphs (3) to (6), section 44 (as modified by sub-paragraph (1)) applies in relation to a second certificate as it applies in relation to a first certificate.

Section 299(2) (nurse’s power to detain pending medical examination) has effect as if for “3 hours” there were substituted “6 hours”.

This paragraph applies where, during any period for which paragraph 13 has effect, a person gives or delivers a relevant document in reliance on that paragraph. The person must give, deliver or send the document in accordance with the 1965 Act as soon as reasonably practicable after the end of the period, and in any event not later than the end of the period of 3 months beginning with the day on which the period ends. The Registrar General may give a direction— A direction under sub-paragraph (3) may be expressed as having effect generally, in relation to persons within a description specified in the direction, or in relation to a particular case. A direction under sub-paragraph (3) may vary or revoke previous directions given under that sub-paragraph. A district registrar may, in relation to a relevant document that is required to be given, delivered or sent to the registrar, give a direction in a particular case— In this paragraph “relevant document” has the same meaning as in paragraph 13.

The National Health Service (Performers Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)) have effect with the following modifications. The regulations have effect as if, after regulation 22, there were inserted— Regulation 15 (appeals) has effect as if before paragraph (1) there were inserted—

This paragraph applies if, during a transmission control period, a public health officer has reasonable grounds to suspect that a person in Scotland is potentially infectious. The public health officer may, subject to sub-paragraph (3)— A public health officer may exercise the powers conferred by this paragraph in relation to a person only if the officer considers that it is necessary and proportionate to do so— Where a public health officer exercises the powers conferred by this paragraph, the officer must inform that person—

This paragraph applies where, during a transmission control period— A public health officer may at any time during the transmission control period impose such requirements and restrictions on the person as the officer considers necessary and proportionate— Requirements under this paragraph may include requirements— Restrictions on a person under this paragraph may include restrictions, for a specified period, on— Where a public health officer imposes a requirement or restriction on a person under this paragraph, the officer must inform the person— In deciding whether to impose a requirement referred to in sub-paragraph (3)(d) or (e) the public health officer must have regard to a person’s wellbeing and personal circumstances. A public health officer may vary or revoke a requirement or restriction imposed on a person (but may only extend the period to which a requirement referred to in sub-paragraph (3)(d) or (e) or a restriction relates in accordance with paragraph 36).

A public health officer, constable or immigration officer may give reasonable instructions to a person in connection with— Where a public health officer, constable or immigration officer gives a reasonable instruction to a person under sub-paragraph (1), the officer or constable must inform that person— A power conferred by this Part of this Schedule to remove a person to a place includes a power to keep the person for a reasonable period pending their removal. A constable or immigration officer may use reasonable force, if necessary, in the exercise of a power conferred by this Part of this Schedule. A constable may enter any place for the purpose of the exercise of a power conferred by this Part of this Schedule.

A person commits an offence if the person— A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 5 on the standard scale (or to both).

The Scottish Ministers may, for the purpose of— issue a direction prohibiting, or imposing requirements or restrictions in relation to, the holding of an event or gathering in Scotland. A direction under sub-paragraph (1) may be issued in relation to— A direction under sub-paragraph (1) may only have the effect of imposing prohibitions, requirements or restrictions on— A direction under sub-paragraph (1) may only be issued during a public health response period. 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. For the purposes of sub-paragraph (2), events or gatherings may be described— 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.

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 be designated for the purposes of this paragraph by the Scottish Ministers. Where a direction imposes prohibitions, requirements or restrictions on a person specified by name, the direction— 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. Where 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— 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 may be affected by the variation or revocation.

A 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. A person guilty of an offence under this paragraph is liable—

The Scottish Ministers must—

A power to give directions under this Part of this Schedule includes power to vary or revoke the directions. A direction under this Part of this Schedule must be given in writing.

A designated local authority may give a direction requiring a person to do anything calculated to facilitate the transportation, storage or disposal of dead bodies or other human remains in the local authority’s area or from its area. The appropriate national authority may give a direction requiring a person to do anything calculated to facilitate the transportation, storage or disposal of dead bodies or other human remains if— A direction under this paragraph may, in particular— A direction may require a person to do things even if they would involve the person breaching a contract or incurring other liabilities (but the right of any other person to claim damages for such a breach or to enforce such a liability is not affected by the direction). A direction under this paragraph may not be given to— In exercising its functions under this paragraph a designated local authority or the appropriate national authority must have regard to the effect that any direction is likely to have on the ability of any person to carry on their normal business. Designated local authorities and the appropriate national authority must keep such records relating to directions under this paragraph for such time as they consider appropriate. A person commits an offence if the person fails without reasonable excuse to comply with a direction under this paragraph. A person guilty of an offence under this paragraph is liable on summary conviction— A direction under sub-paragraph (1) lapses on the revocation of the designation under paragraph 4 of the local authority that gave the direction. A direction under sub-paragraph (2) lapses if there are no designated local authorities.

The appropriate national authority must publish a scheme for the making of payments to persons to whom directions are given under paragraph 5. The scheme must include provision for a person to whom a direction is given under paragraph 5 to be paid— The scheme may include provision for payments in respect of other matters. The scheme may include provision designed to prevent double recovery (for example, by reducing a payment in respect of a liability for which a person is entitled to be indemnified under an insurance policy). A payment under the scheme— The scheme may include provision about procedural matters, including provision— The scheme may confer discretions or other functions on public authorities. The appropriate national authority may vary a scheme under this paragraph. The appropriate national authority need not make a scheme under this paragraph unless or until it has designated a local authority under paragraph 4.

Section 107D of the Housing Act 1985 (recovery of possession on expiry of flexible tenancy) is to be read, in relation to notices given under subsection (4) of that section during the relevant period, as if for “two months’ notice” in that subsection there were substituted “three months’ notice”.

Section 128 of the Housing Act 1996 (notice of proceedings for possession of a dwelling-house let under an introductory tenancy) is to be read, in relation to notices served under that section during the relevant period, as if—

The National Health Service (Primary Medical Services Section 17C Arrangements) (Scotland) Regulations 2018 (S.S.I. 2018/67) have effect subject to the following modifications. Sub-paragraph (1)(a) does not apply in the case of a person who is performing primary medical services by virtue of regulation 3A of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114). This paragraph does not apply in the case of a person who is performing primary medical services by virtue of regulation 3A of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114). This paragraph does not apply in the case of a person who is performing primary medical services by virtue of regulation 3A of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114).

A power to make regulations under this Schedule includes power to make consequential, supplementary, incidental, transitional or saving provision.

This paragraph applies for the interpretation of this Part of this Schedule. In relation to England, “appropriate authority” means— In relation to Wales, “appropriate authority” means— In relation to Scotland, “appropriate authority” means— In relation to Northern Ireland, “appropriate authority” means—

This paragraph applies if, during a transmission control period— has reasonable grounds to suspect that a person in Scotland is potentially infectious. The immigration officer or constable may, subject to sub-paragraph (3)— An immigration officer or constable may exercise the powers conferred by this paragraph in relation to a person only if the officer or constable considers that it is necessary and proportionate to do so— Where an immigration officer or constable exercises the power to direct or remove a person under this paragraph, the officer or constable must inform that person— An immigration officer or constable must, before exercising the powers conferred by this paragraph, consult a public health officer to the extent that it is practicable to do so.

The period specified in relation to a requirement referred to in paragraph 35(3)(d) or (e) (a “requirement to remain”), or in relation to any restriction under paragraph 35, may not exceed 14 days. After the imposition of a requirement to remain or a restriction under paragraph 35, a public health officer must— The public health officer may, following reconsideration under sub-paragraph (2)— If under sub-paragraph (3) the public health officer revokes the requirement to remain or the restriction, the Scottish Ministers may, if satisfied that the person is potentially infectious, re-impose the requirement or restriction (for the period originally specified). If before the end of the period specified in relation to a requirement to remain or restriction (under paragraph 35(3) or sub-paragraph (3)(a))— the officer may extend the period for a further specified period. Except in the case of a requirement referred to in paragraph 35(3)(e) (requirement to remain in isolation), the further period specified under sub-paragraph (5) may not exceed 14 days. Where the period to which a requirement to remain or restriction under paragraph 35 relates is extended under sub-paragraph (5), a public health officer must review the requirement or restriction at least once in every period of 24 hours. If on a review under sub-paragraph (7) the public health officer considers that the person is no longer potentially infectious, the officer must revoke the requirement to remain or the restriction. If on a review under sub-paragraph (7)— the public health officer may substitute a different requirement or restriction under paragraph 35 (which may not apply beyond the end of the further period specified under sub-paragraph (5)).

Sub-paragraph (2) applies where— The individual (as well as the body corporate, partnership or (as the case may be) association) commits the offence. In sub-paragraph (1), “relevant individual” means—

Regulations made by the Secretary of State under this Schedule are to be made by statutory instrument. A statutory instrument containing regulations made by the Secretary of State under this Schedule is subject to annulment in pursuance of a resolution of either House of Parliament.

Where a person is required to remain at a place under paragraph 35(3)(d) or (e) the requirement may be enforced—

Regulations made by the Department for the Economy in Northern Ireland under this Schedule may contain only provision which— if it were contained in an Act of that Assembly. The power of the Department for the Economy in Northern Ireland to make regulations under this Schedule is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument). Regulations under this Schedule made by the Department for the Economy in Northern Ireland are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954.

A person on whom a requirement or restriction is imposed under paragraph 35 may appeal against it (or against any variation of it or any extension of the period to which it relates) to the sheriff or summary sheriff. On an appeal under this paragraph the sheriff or summary sheriff may—

The Scottish Ministers may compensate any person on whom a requirement or restriction is imposed under paragraph 35.

The 1976 Order has effect as if it were subject to the following modifications.

Paragraph 2(1) of Schedule 3 to the 1976 Order (power of the Council to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the registrar in carrying out functions in respect of identifying any person registered by virtue of Article 8E(3)(b) (emergency registration of a group of persons).

The Regulation of Care (Scotland) Act 2001 (asp 8) has effect subject to the following modifications. In section 44 (register of social workers and other social service workers)— In section 46 (grant or refusal of registration) after subsection (2H) insert— After section 46B insert— In section 47 (variation of conditions) after subsection (2) insert— In section 48 (right to make representations to Council as respects decision under section 47) after subsection (2) insert— In section 50 (notice of Council’s decision under rules under section 49) after subsection (2) insert— In section 51 (appeals) before subsection (A1) insert— In section 52 (offence of using title of social worker while unregistered) in subsection (1)(a), in each of the three places where it occurs, after “social worker” insert “or temporary social worker”. In section 53 (codes of practice) before subsection (1) insert— In section 54 (approval of courses etc) after subsection (4) insert— In section 55 (grants and allowances for training) in subsection (1), after “social service workers” insert “or temporary social workers”. In section 57 (power of the Council to make rules)— In section 57A (notification of dismissal etc to Council)— In section 57B (provision of other information to Council by employer) after “social service worker” insert “or a person registered as a temporary social worker”. In section 58 (functions of the Scottish Ministers under this Part)— In section 77 (interpretation) after the definition of “EEA state”, insert—.

If an employment-related benefit scheme does not include an emergency volunteering rule, it is to be treated as including one. An emergency volunteering rule is a provision that has the effect set out in sub-paragraphs (3) and (4). If a relevant term does not treat time when a worker is on emergency volunteering leave as it treats time when they are not, the term is modified so as to treat time when they are on emergency volunteering leave as time when they are not. If a term confers a relevant discretion capable of being exercised so that time when a worker is on emergency volunteering leave is treated differently from time when they are not, the term is modified so as not to allow the discretion to be exercised in that way. A term is relevant if it is— A discretion is relevant if its exercise is capable of affecting— This paragraph does not require the worker’s contributions to the scheme in respect of time when they are on emergency volunteering leave to be determined otherwise than by reference to the amount they are paid by the employer in respect of that time. “Employment-related benefit scheme”—

An application by an approved mental health professional under section 2 or 3 made during a period for which this paragraph has effect may be founded on a recommendation by a single registered medical practitioner (a “single recommendation”), if the professional considers that compliance with the requirement under that section for the recommendations of two practitioners is impractical or would involve undesirable delay. A single recommendation must otherwise comply with the requirements of section 2(3) or 3(3). An application founded on a single recommendation must include a statement of the opinion referred to in sub-paragraph (1). An emergency application under section 4 may not be founded on a single recommendation (but this does not limit section 4(3)). Section 11(7) (applications may be founded on separate or joint recommendations) does not apply to an application founded on a single recommendation. Section 12(1) has effect as if it required a single recommendation to be signed on or before the date of the application, and to be given by a practitioner who has personally examined the patient. Section 12(2) has effect as if it required a single recommendation to be given by a practitioner approved for the purposes of that section by the Secretary of State as having special experience in the diagnosis or treatment of mental disorder (or by a person treated as so approved by virtue of section 12(2A)). Section 12(1) and (2) do not otherwise apply to a single recommendation (and accordingly there is no requirement for the practitioner giving the recommendation to have previous acquaintance with the patient). A single recommendation is subject to section 15(2) (except paragraph (b)) in the same way as one of two recommendations (and section 15(3) does not apply to it).

Any power of a court under a provision listed in sub-paragraph (2) may be exercised if the court— and any other conditions for the exercise of the power are met. Those provisions are— The power in section 45A(3) may only be exercised by virtue of sub-paragraph (1) if the practitioner has given evidence orally before the court (and section 45A(4) accordingly does not apply).

The approved clinician in charge of treatment within section 58(1)(b) (administration of medicine for more than three months) may give a certificate under section 58(3)(b) (appropriateness of treatment without consent) if the clinician considers that complying with the requirement under that provision for the certificate to be given by a registered medical practitioner other than that clinician or the responsible clinician is impractical or would involve undesirable delay. A registered medical practitioner (or an approved clinician acting in accordance with sub-paragraph (1)) may give a certificate under section 58(3)(b) having consulted only one other person, if the practitioner (or clinician) considers that complying with the requirement under section 58(4) for consultation with two other persons is impractical or would involve undesirable delay. The person consulted in accordance with sub-paragraph (2)—

After Article 8D insert—

In Article 9(2) (maintenance of the register), at the end insert “or in the case of the register mentioned in Article 6(1)(a) registered by virtue of Article 8E”.

At the end of Article 9 (the registrar and registers) insert—

Where any form prescribed for use in connection with a provision of the 1986 Order is inconsistent with a modification made by Part 2 of this Schedule, the form—

In this Schedule, “the 2016 Act” means the Mental Capacity Act (Northern Ireland) 2016 (c. 18 (N.I.)). In this Schedule— Expressions used in this Schedule and in the 2016 Act have the meaning given in that Act.

In this Part of this Schedule “CA 2014” means the Care Act 2014. Expressions used in this Part of this Schedule and in Part 1 of CA 2014 have the same meaning in this Part of this Schedule as in Part 1 of that Act.

A local authority does not have to comply with any duties imposed by the following provisions of CA 2014—

A provision of this Part of this Schedule that provides that a local authority does not have to comply with a relevant duty, or modifies a relevant duty of a local authority, applies in relation to duties arising before the commencement day as it applies in relation to duties arising on or after that day. In sub-paragraph (1)—

A local authority does not have to comply with the duty imposed by section 63(2) of SSW(W)A 2014 (duty to carry out a financial assessment). But a local authority may not impose a charge under section 59 of SSW(W)A 2014 for meeting any needs under section 35 or 40 of that Act during any period for which paragraph 26 or (as the case may be) 27 applies without having carried out an assessment under section 63(2) of that Act.

In the case of any adult (including an adult who is a carer), a local authority does not have to comply with any duties imposed by—

The Welsh Ministers may issue guidance about how local authorities are to exercise functions under Parts 2 to 5 of SSW(W)A 2014 in consequence of the provision made by this Part of this Schedule. A local authority must have regard to any guidance issued under this paragraph. A local authority must comply with such guidance issued under this paragraph as the Welsh Ministers direct. The Welsh Ministers— A local authority may disregard any provision of a code under section 145 of SSW(W)A 2014, so far as it is inconsistent with guidance issued under this paragraph.

Section 18 of CA 2014 (duty to meet needs for care and support) has effect as if for subsection (1) there were substituted—

In this Part of this Schedule— In this Part of this Schedule— Expressions used in this Schedule and in the 1976 Order have the meaning given in that Order.

A qualified informant who is required under the 1976 Order to give information concerning a death or still-birth to a registrar, but who is unable to attend before a registrar in person, may give that information— The duty of a qualified informant to sign the register does not apply where information is given in reliance on sub-paragraph (1). Where information is given in reliance on sub-paragraph (1), that information is to be regarded for the purposes of the 1976 Order as having been given in the manner that is required by the 2012 Regulations. An entry in the register of deaths or the register of still-births for which, by virtue of sub-paragraph (2), no signature is required is to be treated as an entry signed by a qualified informant for the purposes of the 2012 Regulations. A qualified informant is to be treated as unable to attend before a registrar in person for the purposes of sub-paragraph (1) if it would be unreasonable or impracticable for the person to do so (whether because of illness, the need to care for others, the risk of infection, staff shortages at the registrar’s office or any other reason).

The Department may by notice make provision disapplying or modifying, for a specified period, any one or more of the provisions listed in sub-paragraph (2). This is the list referred to in sub-paragraph (1)— The Department may by regulations amend the list in sub-paragraph (2). A notice under sub-paragraph (1) may limit the disapplication or modification of a provision by reference to— In particular, a notice under sub-paragraph (1) that disapplies any provision of, or made under, Part 2 of the Education (Northern Ireland) Order 2006 may— A notice under sub-paragraph (1) must state why the Department considers that the issuing of the notice is an appropriate and proportionate action in all the circumstances. The specified period in a notice under sub-paragraph (1) must not exceed one month. The Department may by notice (a “cancellation notice”) cancel a notice under sub-paragraph (1) with effect from the time specified in the cancellation notice. A cancellation notice may contain transitional or saving provision. Nothing in sub-paragraph (7) or (8) prevents the issuing of a further notice in relation to any provision. Subject to sub-paragraph (12), the Department must— Where the notice relates to a person specified by name— In this paragraph— The power to make regulations under sub-paragraph (3) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument). Regulations under sub-paragraph (3) may make different provision for different purposes. Regulations under sub-paragraph (3) must be laid before the Northern Ireland Assembly as soon as reasonably practicable after being made. Regulations laid before the Assembly by virtue of sub-paragraph (16) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made, unless within that period the instrument is approved by a resolution of the Assembly. In calculating the period of 40 days, no account is to be taken of any time during which the Assembly is dissolved or during which it is in recess for more than four days. Where regulations cease to have effect as a result of sub-paragraph (17), that does not— Where— the notice ceases to have effect at the time the regulations cease to have effect.

The Welsh Ministers may by regulations made by statutory instrument modify this Schedule. A statutory instrument containing regulations under sub-paragraph (1) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

A person commits an offence if the person fails without reasonable excuse to comply with a direction under this Schedule. A person has in particular a reasonable excuse for the purposes of sub-paragraph (1) if complying with the direction would cause the person to breach a duty to which the person is subject by virtue of any enactment. The duties referred to in sub-paragraph (2) include duties under a direction or instruction given by the Secretary of State under any of the following provisions— A person guilty of an offence under this paragraph is liable on summary conviction— In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in sub-paragraph (4) to 51 weeks is to be read as a reference to 6 months.

If at any time the Secretary of State is of the view that— the Secretary of State may make a declaration to that effect. If, having made a declaration under this paragraph, the Secretary of State ceases to be of the view referred to in sub-paragraph (1), the Secretary of State must revoke the declaration. A declaration or the revocation of a declaration under this paragraph— The Secretary of State may make a declaration under this paragraph on more than one occasion. Before making or revoking a declaration under this paragraph the Secretary of State must consult the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health and Social Care.

An individual who has responsibility for a child must, so far as reasonably practicable, secure that the child complies with any direction, instruction, requirement or restriction given to or imposed on the child under this Part of this Schedule. An individual who has responsibility for a child must provide to a person exercising a power under this Part of this Schedule such information and assistance in relation to the child as is reasonably necessary and practicable in the circumstances. A power under this Part of this Schedule to direct or require a child to go to a place may instead be exercised by directing or requiring an individual who has responsibility for the child to take the child to the place. A power under paragraph 31 or 35 may only be exercised in relation to a child in the presence of— Where a power under this Part of this Schedule is exercisable in relation to a child but the child is not accompanied by an individual who has responsibility for the child, the person by whom the power is exercisable must— Where a child has a right of appeal (see paragraph 38), the right may be exercised by an individual who has responsibility for the child. For the purposes of this paragraph—

A person exercising a power conferred by this Part of this Schedule must have regard to— In sub-paragraph (1) “relevant authority” means—

During a transmission control period, sections 56(1) and 58(2) of the Public Health etc. (Scotland) Act 2008 (asp 5) (which relate to compensation) have effect as if for “must” there were substituted “may”.

Paragraphs 74 to 76 apply where, during a transmission control period— A public health officer may exercise a power conferred by paragraphs 74 to 76 only if the officer considers that it is necessary and proportionate to do so—

The relevant national authority may by regulations made by statutory instrument amend this Schedule— Sub-paragraph (1) applies to references in this Schedule whether or not they are contained in text which is to be treated as if inserted or substituted into another enactment.

If the Tribunal considers that it would be impractical to hold a hearing rule 58 of the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005 (power of Tribunal to decide case without a hearing) applies as if rule 58(1)(d) to (f), (2)(b) to (e), (3) and (4) were omitted.

This paragraph applies where— Section 37 of CA 2014 has effect subject to the modifications in sub-paragraphs (3) to (5). In subsections (1) and (2)— In subsection (3)— In a case where subsection (4)(b) does not apply by virtue of sub-paragraph (3)(b) or (4)(b), subsection (5) has effect as if the reference to having received the notification under subsection (4)(b) were omitted. The reference in section 38(1) of CA 2014 to the day of the intended move is, in the case of an adult who moved as mentioned in section 37(1)(b), (2)(b) or (3)(b) of that Act during the emergency period, to be read as a reference to the day on which that period ended.

Section 19 of CA 2014 (power to meet needs for care and support) has effect as if there were omitted—

In accordance with paragraph 21—

In this Part of this Schedule, “transmission control period” means a period which—

A public health officer may require the person referred to in paragraph 73 to remain at the place for screening and assessment purposes for a period not exceeding 48 hours. Where a public health officer requires a person to remain at a place under this paragraph, the officer must inform that person— A requirement imposed on a person under this paragraph may be enforced by a public health officer or a constable keeping the person at the place.

In section 20 of CA 2014 (duty and power to meet a carer’s needs for support), subsection (1) has effect as if—

A public health officer may— Requirements under sub-paragraph (1)(a) may in particular include requirements on a person— In sub-paragraph (2)(a)(ii) “healthcare professional” means— Requirements under sub-paragraph (1)(b) may in particular include requirements on a person—

For the purposes of sections 18(6) and 20(9) of CA 2014 (meaning of references to there being no charge for meeting needs), a local authority that decides not to carry out an assessment under section 17 of that Act as a result of paragraph 3(1) above is to be treated as having decided not to make a charge under section 14 of that Act (but see paragraph 10 below). But the duty under section 18 or 20(1) of CA 2014 does not apply to a local authority if— In sub-paragraph (2) “the relevant person” means—

If a public health officer considers it appropriate for the purposes of screening or assessing the person, the officer may— Where a public health officer exercises the powers conferred by this paragraph, the officer must inform that person—

A local authority does not have to comply with any duties imposed by the following provisions—

Where the powers in paragraph 71, 72 or 76 are exercised in relation to a person in a place so as to direct them to go to, or remove them to, another place, paragraphs 74 to 76 apply in relation to that person afresh in that other place.

Section 62 of CA 2014 (power to meet child’s carer’s needs for support) has effect as if the reference in subsection (1) to having carried out a child’s carer’s assessment were omitted.

The Health Professions Order 2001 (S.I. 2002/254) has effect as if it were subject to the following modifications. The Order has effect as if after article 9 there were inserted— Article 25(1) (power of Health and Care Professions Council to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the Registrar in carrying out functions in respect of identifying any person registered by virtue of article 9A(2)(b) (emergency registration of a group of persons). Article 38 (appeals) has effect as if after paragraph (1A) there were inserted—

Section 162(5) (periods of remand or further remand of accused to hospital for report on mental condition or treatment) has effect as if the words “or for more than 12 weeks in total” were omitted.

A court may give a hospital direction under section 174 (when passing custodial sentence, for the removal to and detention in hospital of a convicted person) where the court— and any other conditions for giving the direction are met. In sub-paragraph (1), “relevant medical practitioner” means a medical practitioner referred to in paragraph (a) or (b) (as the case may be) of section 175(4).

Section 224(2)(b) (period within which person subject to hospital transfer direction must be admitted to hospital) has effect as if for “14 days” there were substituted “28 days”.

Paragraph 20 of Schedule 1 (interim authorisations by panels) has effect as if in each of sub-paragraphs (2)(b), (3)(b) and (5)(a) for “28 days” there were substituted “56 days”.

Paragraph 9(2) of Schedule 3 (time limit for panel’s decision on application for extension of period of authorisation) has effect as if for “7 working days” there were substituted “28 working days”.

This paragraph applies if— The medical practitioner— The informant is not subject to any duties in relation to the certificate.

This paragraph applies where— Irrespective of whether of any steps were taken to ascertain the wishes of the applicant in relation to the ashes prior to the revocation of the determination— For the purposes of sub-paragraph (2)(a), the specified period in sections 53(2) and 55(2)(a) of the 2016 Act is to be a period of 4 weeks beginning with the date on which the determination under paragraph 9(1) was revoked.

This paragraph applies to any review of a medical certificate of cause of death, other than one falling within paragraph 5, which— The medical reviewer or, as the case may be, senior medical reviewer must—

The Scottish Ministers may determine that section 49 of the 2016 Act (offences relating to applications for cremation) is not to have effect in relation to signing the declaration in an application for cremation made under section 48(1) of the 2016 Act in accordance with the 2019 Regulations on or after such date as may be specified in the determination. A determination under sub-paragraph (1) may be revoked by the Scottish Ministers making a determination to that effect. The Scottish Ministers must publish any determination made under this paragraph in such manner as they consider appropriate.

The Secretary of State may give a temporary closure direction that applies to— The Welsh Ministers may give a temporary closure direction that applies to— A temporary closure direction under this paragraph is a direction that requires a registered childcare provider to which it applies to take reasonable steps to secure that persons do not, for a specified period, attend premises of the provider for purposes connected with the provision of childcare. Before giving a direction under this paragraph, the Secretary of State— Before giving a direction under this paragraph, the Welsh Ministers— A temporary closure direction under this paragraph may— The duty of a registered childcare provider to which a temporary closure direction has been given under this paragraph to comply with the direction is enforceable against that provider by the appropriate authority making an application to the High Court or the county court for an injunction. An application made under sub-paragraph (7) may be made without notice being given to the registered childcare provider. In this paragraph—

Subject to sub-paragraph (2), the appropriate authority must publish a temporary closure direction under paragraph 1 or 2. Where a direction relates to a person specified by name— A temporary closure direction under paragraph 1 or 2 has effect until the earlier of— A person to whom a temporary closure direction under paragraph 1 or 2 is given must have regard to any guidance given by the appropriate authority about how to comply with a direction given by that authority under that paragraph. In this paragraph, subject to sub-paragraph (6), “appropriate authority” means— Where a person gives a direction by virtue of an authorisation under paragraph 4, “the appropriate authority”—

If at any time the Department of Health is of the view that— the Department of Health may make a declaration to that effect. If, having made a declaration under this paragraph, the Department of Health ceases to be of the view referred to in sub-paragraph (1), it must revoke the declaration. A declaration or the revocation of a declaration under this paragraph— The Department of Health may make a declaration under this paragraph on more than one occasion. Before making or revoking a declaration under this paragraph the Department of Health must consult the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health.

This Part of this Schedule applies to any proceedings in a court or statutory tribunal. In this Part of this Schedule “court” means— In this Part of this Schedule “statutory tribunal” means a tribunal (however named or described, and including a coroner holding an inquest) established by or under a statutory provision, but does not include— In this paragraph “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

A reference in this Part of this Schedule to participating in any proceedings includes (in particular) participation—

The Interpretation Act (Northern Ireland) 1954 applies for the purposes of the preceding provisions of this Part of this Schedule as if those provisions were contained in an Act of the Northern Ireland Assembly.

The Social Workers Regulations 2018 (S.I. 2018/893) have effect as if they were subject to the following modifications. Regulation 9 (information to be recorded in the register in relation to a registered social worker) has effect as if— The regulations have effect as if after regulation 12 there were inserted— Regulation 19 (registration appeals) has effect as if after paragraph (2) there were inserted—

The Registration of Social Workers and Social Service Workers in Care Services (Scotland) Regulations 2013 (S.S.I. 2013/227) have effect subject to the following modifications. In regulation 4 (requirements on social workers)— In regulation 5 (requirements on social service workers)—

In accordance with paragraph 27—

In this Part of this Schedule, “transmission control period” means a period which—