F1Part 5APublic health protection measures

Annotations:

Public health protection regulations

86IReview of regulations

1

So long as regulations under section 86A(1) which make provision mentioned in section 86A(4) remain in effect, the Scottish Ministers must review the regulations—

a

before the end of the period of 21 days beginning with the date on which the regulations came into force, and

b

before the end of each subsequent period of 21 days.

2

Subsection (1) does not apply where the regulations make only provision of a general nature or contingent provision.

3

Subsection (4) applies where regulations under section 86A(1)—

a

enable a special restriction or requirement to be imposed by virtue of a decision taken under the regulations, and

b

the restriction or requirement is capable of remaining in force in relation to any person, thing or premises for more than a specified period.

4

The regulations must provide that a specified person may require the continuation of the restriction or requirement to be reviewed in accordance with the regulations at specified intervals by a person determined in accordance with the regulations.

5

In relation to a special restriction or requirement mentioned in section 86G(2)(c) or (d)—

a

the period specified by virtue of subsection (3)(b) and the intervals specified by virtue of subsection (4) must be 21 days or less, and

b

the regulations must require the continuation of the restriction or requirement to be reviewed without an application being made.

6

In this section, “specified” means specified in the regulations.