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Welcome to Scotsnet - discuss all aspects of life in Scotland, including relocating, schools and local areas.

What are the Christmas covid laws in Scotland (not guidance, laws)

25 replies

CherubMonkey · 20/12/2020 10:37

Can anyone point me to a reputable source for the legislation in place for Covid restrictions in place over Christmas in Scotland?

Everything I'm finding is England, or guidance.

I'm generally very very unbendingly law abiding, but this current situation after I've made plans & we'll all be isolating for a week before yet cannot travel to see 1 elderly (also isolating) relative on boxing Day, is absolutely beyond a joke.

I wouldn't have made such plans if the government hadn't announced the few days restrictions lift over Christmas earlier this month.

I'm not really terribly interested in opinions or guidance, I want to understand the law.

(Fwiw we're in an area which is in the safest zone, i.e. T1 until the t4 restrictions on boxing Day)

OP posts:
ceeveebee · 20/12/2020 10:40

I don’t think the amendment has been published yet
Here are the previous regulations . They will be amended soon to reflect yesterday’s announcement though
www.legislation.gov.uk/ssi/2020/344/regulation/3B

RaspberryCoulis · 20/12/2020 10:40

Just go. Police Scotland have said they won't be enforcing it.

unknownscot · 20/12/2020 10:45

You can find information on the Scot gov website

anon444877 · 20/12/2020 10:46

And if you did some help get caught, it's a fine. Anybody know what the fine is? Aren't you caring for an elderly relative with that visit - as that's an exemption.

anon444877 · 20/12/2020 10:46

£30-£60 unless you're a repeat offender.

anon444877 · 20/12/2020 10:47

www.bbc.com/news/uk-scotland-55104724

generalexpert · 20/12/2020 10:50

So you want to travel from one of the safest areas in the country out and back again?

You probably need to follow your moral compass rather than the law.

CherubMonkey · 20/12/2020 11:00

I didn't ask about my moral fucking compass. I asked what the applicable law is for our devolved nation in this corrupt, "one rule for politicians, another for the plebs" "democracy" of ours.

Which other posts have helped with - thank you.

As I said, I'm unfailing law abiding and have been a mug so far, but this has pushed me beyond the limits.

The elderly relative is in semi ok health (we think) but isn't coping amazingly re lugging coal into the house at late 70s, doesn't have family nearby to help, has sight issues. Unofficially this was more a welfare check but she would never admit that to police if questioned, she's fine blah blah, except we think she's really not ok, and no one has visited her for months, and I am extremely worried. So sod off with moral compass, I've made plans to check exactly because I thought it was per government guidelines!

OP posts:
user1487194234 · 20/12/2020 11:05

I would definitely just go
I will be doing similar and if the police stop me I will explain exactly what I am doing and if they fine me then so be it

StarryEyeSurprise · 20/12/2020 12:23

Guessing you didn't watch the briefing? The FM said it's lawful to provide care , as has been the case throughout the pandemic.

CherubMonkey · 20/12/2020 13:22

No, we don't have TV or a licence to stream it no.

Does care still count if she would deny it? She's an independent person living alone who is able bodied.

I'm not sure whether we might get there and find her without having been able to get the house warm for weeks, dirty etc due to the sight issues with barely enough food Vs if she has everything she needs (which she is insisting on, but I don't believe)... Neither extreme would surprise me.

So how the fuck am I supposed to prove care if I get stopped? (Even if police Scotland aren't stopping cars proactively surely If I bump into one at the supermarket they'd ask why I'm miles from home?)

I'd planned to call in and see if she has enough food in cupboards, Staples etc that Doesn't go off.

But I don't want to get food locally only to find she's not needing/store them.

I don't understand how any of this can be enforced and feel completely at a loss between trying to act legally but being put in a shitty situation!

OP posts:
LizzieMacQueen · 20/12/2020 13:50

Proving you're going for care purposes doesn't necessarily mean food. You could take a hairbrush, shampoo, clean clothes etc and if stopped just explain why you're going. To provide care.

Hope she's okay but I remember how bad my mum was when her eyesight deteriorated. I really worried she'd poison herself.

Redglitter · 20/12/2020 13:56

surely If I bump into one at the supermarket they'd ask why I'm miles from home

How will they know you're miles from home? Anyway if you did get stopped for another reason and they discovered you're out of area as pp said you just need to say you're providing care for an elderly relative. Theyre not going to then go and visit her to confirm it.

Basically the only covid breaches Police will be actively dealing with are the ones where people report breaches. They have to get dealt with but as already said there's going to be no random stops

Grellbunt · 20/12/2020 13:59

It’s providing care to a vulnerable person and in my view would have been permitted throughout actually. It’s very difficult. I hope you get a positive outcome.

LizzieMacQueen · 20/12/2020 14:39

If you can read this, this was on Twitter. Police Scotland statement.

twitter.com/policescotland/status/1340629056132423682?s=21

emmathedilemma · 20/12/2020 15:13

It's levels not tiers in Scotland.

CherubMonkey · 20/12/2020 15:51

Level then, sorry.

The statement says: highly visible patrols will be proactively deployed on our road networks to continue our operational activity to ensure drivers and vehicles are in a fit condition to drive. The patrols will also deter anyone who might be considering breaching the coronavirus travel restrictions.

Sooooo. If my car is stopped because a police officer says they weren't sure of it being road worthy, which it is, they have legitimacy to intimidate people like me from travelling, even though my purpose is in a wierd grey area (evident by the differing reactions here). If that's not abuse of police power I don't know what is.

OP posts:
StarryEyeSurprise · 20/12/2020 15:55

But you're not breathing the covud restrictions as you're providing care. I'm sorry but people have given you the answer and it's something that's never changed throughout the pandemic. If you are providing care to an elderly person, they will not fine you.

StarryEyeSurprise · 20/12/2020 15:56
  • breaking
ApolloandDaphne · 20/12/2020 16:00

You would be very unlucky to be stopped and if you were an explanation such as you have given here would be sufficient for you to be allowed on your way. They won't check up with your relative.

thereplycamefromanchorage · 20/12/2020 16:00

Extended households still exist in Scotland as a concept, as far as I can work out from the guidance, as well as the care exemption, so could you not form an extended household with your relative? Assuming you don't already have one.

GintyMcGinty · 20/12/2020 16:14

You've got an essential reason to travel permissible by law.

You don't need to prove it.

Worst case the police issue you with a fine - which you can then appeal as you have broken the law.

My husband has been to collect his elderly mother from England. He wasn't stopped. He intends to return her at some point in the next coupe of weeks. We are confident we have broken no laws.

CherubMonkey · 20/12/2020 16:38

We don't have an extension household already no. I wasn't aware of this concept until I've literally just googled it. I'm sure that would cover us!!!! (Before & now!!?)

OP posts:
CherubMonkey · 20/12/2020 16:38

And thank you!

OP posts:
unknownscot · 20/12/2020 22:01

@CherubMonkey
To be honest, if you didn't understand the concept of an extended household I'd highly recommend the Scot Gov website.

It's all explained very well on there.

Ultimately, you are going for care. You believe it is a welfare issue hence not breaking the law.

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