Proportionality is key. Schedule 19 to the Coronavirus Act 2020 (under which the relevant Regulations are made) requires that Scottish Ministers consider that any restrictions are "proportionate to what is sought to be achieved". This is will be assessed objectively and what will https://twitter.com/BBCScotlandNews/status/1253341291028467712

be proportionate will change over time. The decisions taken by Scottish Ministers will also require to meet the test of reasonableness (i.e. a decision will not be reasonable if it is so unreasonable that no reasonable person acting reasonably could have made it). Furthermore,

the Human Rights Act 1998 continues to apply. The Regulations impose the biggest restriction on our fundamental freedoms ever seen. In terms of section 57(2) of the Scotland Act 1998 Scottish Ministers have "no power to make any subordinate legislation, or to do any other act, so

far as the legislation or act is incompatible with any of the Convention rights." This adds a further restriction on the use of the powers in Schedule 19 to the Coronavirus Act 2020 by Scottish Ministers. Others have already argued that the current (English) Regulations may not

be Convention Compliant. This could pose problems for Scottish Ministers if the Regulations are challenged. Very difficult decisions for Ministers to take, but they will have to ensure that they stay on the right side of the law otherwise it could have disastrous consequences for

public health.