[F1Part 5ASPublic health protection measures

Public health protection regulationsS

86DLimits on use of power: regulations directly imposing restrictions or requirements S

(1)Regulations under section 86A(1) may not impose a restriction or requirement by virtue of section 86A(4) unless the Scottish Ministers consider, when making the regulations, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it.

(2)Regulations under section 86A(1) may not impose a restriction or requirement mentioned in section 86G(2)(a), (b), (c) or (d).

(3)For the purpose of this section, the regulations “impose” a restriction or requirement if the restriction or requirement is imposed directly by the regulations.]