Coronavirus - Powers relating to potentially infectious persons

The Coronavirus Act 2020The Coronavirus Act 2020, s. 51The Coronavirus Act 2020, Sch. 21 Pt. 32020-03-252020-04-062020-04-07TSO (The Stationery Office),


The Coronavirus Bill was given Royal Assent on 25 March 2020. The powers in schedule 21 of the Bill (powers relating to potentially infectious persons) will commence on Royal Assent. However, the exercise of these powers in Scotland is contingent upon declarations being made by the Scottish Ministers.

This additional declaration makes clear that they relate to the coronavirus (SARS-CoV-2) organism.

DECLARATION under Schedule 21, Part 3, para 25(1)

In accordance with section 51 of, and paragraph 25(1) of Part 3 of schedule 21 of the Coronavirus Act 2020, the Scottish Ministers declare that they are of the view that the incidence or transmission of coronavirus (also known as SARS-CoV-2) constitutes a serious and imminent threat to public health in Scotland and that the powers conferred by Part 3 of Schedule 21 of the Coronavirus Act 2020 will be an effective means of delaying or preventing significant further transmission of the virus in Scotland.

Before making this declaration, the Scottish Ministers have consulted with the Chief Medical Officer of the Scottish Administration, as required by paragraph 25(5) of Part 3 of schedule 21 of the 2020 Act.

In line with paragraph 26 of Part 3 of schedule 21 of the Coronavirus Act 2020, the “transmission control period” (for the purposes of Part 3 of Schedule 21) begins when this declaration is made.