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coronavirus act 2020

This is from the scottish Gorverment -Coronavirus Act 2020 plz go have a look its so shocking people

Children

40(1)An individual who has responsibility for a child must, so far as reasonably practicable, secure that the child complies with any direction, instruction, requirement or restriction given to or imposed on the child under this Part of this Schedule. (2)An individual who has responsibility for a child must provide to a person exercising a power under this Part of this Schedule such information and assistance in relation to the child as is reasonably necessary and practicable in the circumstances. (3)A power under this Part of this Schedule to direct or require a child to go to a place may instead be exercised by directing or requiring an individual who has responsibility for the child to take the child to the place. (4)A power under paragraph 31 or 35 may only be exercised in relation to a child in the presence of— (a)an individual who has responsibility for the child, or (b)if the child is not accompanied by such an individual, an adult (not being a person on whom powers are conferred under this Part of this Schedule) that the person exercising the power considers to be appropriate, having regard to any views of the child. (5)Where a power under this Part of this Schedule is exercisable in relation to a child but the child is not accompanied by an individual who has responsibility for the child, the person by whom the power is exercisable must— (a)if practicable, contact an individual who has responsibility for the child before the power is exercised, or (b)if that is not practicable, take reasonable steps after the power is exercised to contact such an individual and inform them of any exercise of the power in relation to the child. (6)Where a child has a right of appeal (see paragraph 38), the right may be exercised by an individual who has responsibility for the child. (7)For the purposes of this paragraph— “adult” means a person aged 16 or over; “child” means a person under the age of 16; an individual has responsibility for a child— (a)if the individual has custody or charge of the child for the time being (without being a person on whom powers are conferred by this Part of this Schedule), or (b)if the individual has parental responsibilities or parental rights in relation to the child (see sections 1(3) and 2(4) of the Children (Scotland) Act 1995). Formalities 41(1)A direction, instruction, requirement or restriction under this Part of this Schedule may be given or imposed orally or in writing. (2)But where a requirement or restriction under paragraph 35 is given to a person orally by a public health officer, the public health officer must as soon as reasonably practicable thereafter give the person a notice setting it out in writing. Ancillary powers 42(1)A public health officer, constable or immigration officer may give reasonable instructions to a person in connection with— (a)a direction given to that person under a power conferred by this Part of this Schedule, or (b)removing the person to or keeping the person at a place under a power conferred by this Part of this Schedule. (2)Where a public health officer, constable or immigration officer gives a reasonable instruction to a person under sub-paragraph (1), the officer or constable must inform that person— (a)of the reason for the instruction, and (b)that it is an offence to fail to comply with it. (3)A power conferred by this Part of this Schedule to remove a person to a place includes a power to keep the person for a reasonable period pending their removal. (4)A constable or immigration officer may use reasonable force, if necessary, in the exercise of a power conferred by this Part of this Schedule. (5)A constable may enter any place for the purpose of the exercise of a power conferred by this Part of this Schedule. Guidance and advice 43(1)A person exercising a power conferred by this Part of this Schedule must have regard to— (a)any relevant guidance issued, before or after the passing of this Act, by the relevant authority, and (b)any advice given by a public health officer in relation to any particular case. (2)In sub-paragraph (1) “relevant authority” means— (a)in relation to the exercise of a power by an immigration officer, the Secretary of State; (b)in relation to the exercise of a power by a public health officer or constable, the Scottish Ministers. End of transmission control period 44 When the transmission control period during which a power conferred by this Part of this Schedule is exercised comes to an end, any requirement or restriction imposed under the power ceases to have effect in respect of times after the end of the period. Offences 45(1)A person commits an offence if the person— (a)fails without reasonable excuse to comply with any direction, reasonable instruction, requirement or restriction given to or imposed on the person under this Part of this Schedule, (b)fails without reasonable excuse to comply with a duty under paragraph 40(1) or (2) (duties of individuals who have responsibility for a child), (c)absconds or attempts to abscond while being removed to or kept at a place under this Part of this Schedule, (d)knowingly provides false or misleading information in response to a requirement to provide information under this Part of this Schedule or otherwise in connection with the exercise of any power under this Part of this Schedule, or (e)obstructs a person who is exercising or attempting to exercise a power conferred by this Part of this Schedule. (2)A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 5 on the standard scale (or to both). Modifications of Public Health etc. (Scotland) Act 2008 46 During a transmission control period, sections 56(1) and 58(2) of the Public Health etc. (Scotland) Act 2008 (asp 5) (which relate to compensation) have effect as if for “must” there were substituted “may”. Constables 47(1)The chief constable of the Police Service of Scotland may authorise a police custody and security officer (see section 28 of the Police and Fire Reform (Scotland) Act 2012 (asp 8)) to exercise the powers conferred on a constable by this Part of this Schedule. (2)Accordingly references to a constable in this Part of this Schedule include a police custody and security officer so authorised.

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