Section 48 and Schedule 18: Powers to act for the protection of public health: Northern Ireland Section 49 and Schedule 19: Health Protection Regulations: Scotland
The section and the Schedule provide the Scottish Ministers with a regulation-making power for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination of COVID-19 in Scotland. The threat can come from within or outside of Scotland.
	Paragraph 1(3) of the Schedule gives examples of particular provisions which might be made. For example, the regulations could impose restrictions or requirements on or in relation to persons, things or premises in the event of, or in response to, a threat to public health. This includes ‘special requirements’, which are defined at paragraph 4 and include (amongst other things) requiring a person to submit to medical examination, be removed to or detained in a hospital or other suitable establishment and be kept in isolation or quarantine. Special requirements also include requirements relating to seizure and disinfection of things and the closing and disinfecting of premises.
	The following measures are not regarded as special restrictions or requirements: a requirement to keep a child away from school; a restriction on the holding of an event; or a restriction or requirement relating to the handling, transport, burial or cremation of dead bodies or the handling, transport or disposal of human remains.
	Paragraphs 2 and 3 restrict how the power under paragraph 1 can be used. Paragraph 2 puts in place restrictions to ensure that any restrictions or requirements authorised by the regulations are used proportionately. In particular, paragraph 2(3) prohibits regulations from enabling the imposition of a special restriction or requirement unless certain conditions are met. Those conditions are: that there is a serious and imminent threat to public health when the regulations are made; or the decision to impose the restrictions or requirements is expressed in the regulations to be contingent on there being such a threat at the time the decision to impose them is made. Paragraph 3 makes clear that the regulations cannot be used to make a person undergo medical treatment (including vaccination).
	Paragraph 5 makes further provision about the regulations. For example, it provides that the regulations can create offences and can provide for appeals and reviews of decisions taken under the regulations. It also sets out the maximum penalties which can be imposed if offences are created. Paragraphs 5(5) and 5(6) also set out particular requirements in relation to appeals and reviews of a decision which imposes a special restriction or requirement.
	Paragraph 6 provides that the procedure for regulations made under paragraph 1 is the affirmative procedure, unless the Scottish Ministers consider that the regulations need to be made urgently. If they do, an emergency procedure applies. This is necessary to ensure that the Scottish Ministers can make regulations quickly in response to a COVID-19 outbreak.
	The territorial extent and application of the section and the Schedule is Scotland only.