New travel restriction laws in Scotland

[ewant81]

Hi,

The Scottish government have put the covid travel restrictions into law. I’m trying to figure out what exactly the new laws entails and what enforcement is likely?

I can’t seem to find much information on what the new laws mean to me. We rely on family on child care, and have relatives that live on their own that we want to check in on.

Is there somewhere we can look for clarification?

[anonymous-user]

Start here, but - IMPORTANT - only Acts and Regulations have legal effect. Guidance has no legal effect.


https://www.legislation.gov.uk/coronavirus

Scroll down for Scottish measures.

https://www.gov.scot/collections/coronavirus-covid...

[ewant81]

Thank you! Exactly what I was looking for

[anonymous-user]

You're welcome. If Holyrood has legislated today, the new rules may not go up until tomorrow.

[AndyAudi]

Police apparently not actively targeting, so I guess you just don’t give them a reason to stop you or you’d get two fines?

[Biker 1]

There seem to be a lot of clauses including 'should' rather than 'must', & the exceptions mention: 'travel locally (within around 5 miles of your local authority area) to reach a place to take exercise outdoors'. Does this mean 4.5 miles, 5.5 miles???????????????

[anonymous-user]

If you are referring to guidance, you can ignore that. Guidance has no legal status. It is deplorable that such vague messages are given out by Government

[Foss62]

Breadvan72 said:

If you are referring to guidance, you can ignore that. Guidance has no legal status. It is deplorable that such vague messages are given out by Government

Whilst I tend to agree with you that guidance can never be legally enforceable (and the Police shouldn't try), I can't see anything particularly wrong with governments giving guidance in general. I'll never be prosecuted for not following the bird flu guidance regarding the chickens at the bottom of my garden, or drinking more than 14 units of alcohol in a week, or constructing a mantrap from a slippery floor and a rug (if anyone else remembers that one) but it is not necessarily deplorable that the government gives the advice; and ignoring it might not be the sensible course.

[Ruskie]

Judging by my flight out of the UK last week no one gives a toss anyway. I would suggest half the plane were holiday makers.

[anonymous-user]

Foss62 said:

Breadvan72 said:

If you are referring to guidance, you can ignore that. Guidance has no legal status. It is deplorable that such vague messages are given out by Government

Whilst I tend to agree with you that guidance can never be legally enforceable (and the Police shouldn't try), I can't see anything particularly wrong with governments giving guidance in general. I'll never be prosecuted for not following the bird flu guidance regarding the chickens at the bottom of my garden, or drinking more than 14 units of alcohol in a week, or constructing a mantrap from a slippery floor and a rug (if anyone else remembers that one) but it is not necessarily deplorable that the government gives the advice; and ignoring it might not be the sensible course.

In this context is is deplorable because the guidance is often expressed in the form not of advice but of commands, and is treated as such by authoritarians in the police and elsewhere. When curbs are placed on liberties, citizens should not be misled about the extent of those curbs.

Public confusion about the rules is evidenced by numerous threads here.

[anonymous-user]

People have had enough now, what with the endless stupid rules and made-up or cherry-picked stats or people like the BBC deliberately blowing this "crisis" out of all proportions....most people are just ignoring it all now I think.

[Janluke]

JimSuperSix said:

People have had enough now, what with the endless stupid rules and made-up or cherry-picked stats or people like the BBC deliberately blowing this "crisis" out of all proportions....most people are just ignoring it all now I think.

Yes indeed. I'm on the border of 3 areas all in different tiers. I'm no longer complying and stopped watching the news. It's like a weight lifted from my shoulders

[hiccy18]

I'm assuming I can travel through a different area to get to the supermarket, can I use pay at the pump in a different area? Can I travel in a different area without stopping (excepting junctions and traffic lights)? Can I travel in my area if I don't have a reason on the exemption list?

[anonymous-user]

I CBA to read the Regulations, and anyway I am not a Scots lawyer, but check if the list is exhaustive or non exhaustive. If words such as "includes" are used, the list is non exhaustive.

[anonymous-user]

NB: The latest Regs on the website may be out of date, but they say NOTHING about travel restrictions.

[hiccy18]

Ta for reply, looking at the draft it says "Examples of reasonable excuse" so guess it's non-exhaustive. Honestly all I'm really bothered about is can I go out on the bike but given the stty weather it's not likely to happen!

[anonymous-user]

In England, the list is non exhaustive, but is wrongly treated by police and by many citizens as exhaustive. In England, a recreational ride on motorbike or pushbike would be lawful.

Sturgeon seems to me to enjoy authoritarian rule. She's an able politician and an engaging speaker, but she's quite unscrupulous as far as I can see,.

[Amateurish]

I don't think the regs have been published yet.

[anonymous-user]

I cannot find them. Opaque messaging about the law is bad government.

[naetype]

Is this what you're looking for?


https://www.gov.scot/publications/coronavirus-covi...


Travel restrictions will be put into law on 20 November to further enforce the current guidance that restricts people who live in a Level 3 or Level 4 local authority area from travelling outside their local authority except for an essential purpose - such as work or caring responsibilities.

The regulations also prevent non-essential travel into a Level 3 or 4 local authority area, except for the same reasons.