It's late and I'm pretty tired so I may be missing something here, but it appears to me that the Health Protection (Coronavirus) (Restrictions and Requirements) (Scotland) Regulations 2020 may not be complying with the requirements of Schedule 19 to the Coronavirus Act 2020.

Schedule 19 is the powers under which Scottish Ministers have made all of the coronavirus restrictions regulations. Schedule 19 gives them broad powers in relation to what the regulations may contain. This includes what schedule 19 terms "special restrictions and requirements".

Special restrictions and requirements includes the power to close premises. The current regulations make provision in relation to closing of premises in two ways: (1) a general requirement for certain premises to close to the public or to close for specific activities at certain

times; and (2) the power to issue a prohibition notice (see Reg 14(2)). Schedule 19 also provides, at para 5(5) that "the regulations must provide for a right of appeal to the sheriff against any decision taken under the regulations by virtue of which a special restriction or

requirement is imposed on or in relation to a person, thing or premises." This would seem to me (unless I'm missing something) to apply to prohibition notices under Regulation 14(2). However, the Regulations made no provision for an appeal to the Sheriff anywhere in them.

Para 5(5) of Schedule 19 to the Coronavirus Act 2020 says that the regulations *must* provide for a right of appeal to the Sheriff. It would therefore seem to me that the Regulations must provide for a right of appeal to the Sheriff against a decision to issue a prohibition

notice under Regulation 14(2), but it fails to do so. This appears like it may be quite a serious omission from the Regulations.