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Category: Regulations

First Minister’s Update 5th January 2022

Posted on by Fiona Campbell

In a virtual sitting of the Scottish Parliament, the First Minister Nicola Sturgeon provided a Covid-19 update covering the following:

  • Setting out the latest statistics, the First Minister stated that 16,103 positive cases were reported yesterday, 1,223 were in hospital with Covid, 42 were in intensive care, and there were a further 5 deaths, taking the total number of deaths under the daily definition to 9,872. The FM added that, due to the omicron variant, tomorrow’s figures would likely show that Scotland would pass 1m reported Covid cases.
  • She confirmed that there would be no additional measures introduced by the Scottish Government but that existing measures, such as 1m social distancing in hospitality, limitations on event numbers and closure in nightclubs, would likely remain in place until 17 January. In addition, while this is not legally binding, the Scottish Government would continue to advise the public to limit contact with people in other households as far as possible – and to limit the number of households in any indoor gathering to a maximum of 3.
  • She confirmed that the Scottish Government is working on a new strategic framework, expected to be published “within the next few weeks”, on new measures to manage Covid-19 which are “more proportionate and sustainable and less restrictive.”
  • The FM unveiled two changes to self-isolation rules, mirroring the approach taken in other parts of the UK, which would come into effect from midnight: (1) the self-isolation period for Covid cases would be cut from 10 days to 7, if people record two negative tests and have no symptoms; and (2) for close contacts of positive cases, the requirement to self-isolate will end and be replaced by a requirement to take a lateral flow test every day for 7 days.
  • Following on from her announcement last week on business support, the FM noted an allocation of a further £55m. This would include up to £28m to taxi and private hire drivers and operators, £19m supporting services such as beauticians and hairdressers, £5m for sport, and an additional £3m for tourism.

Self-Catering 70 days Actual Letting Requirement – The Council Tax (Dwellings and Part Residential Subjects) (Scotland) Amendment Regulations 2021

Posted on by Fiona Campbell

In December 2017 the Scottish Government accepted a recommendation of the independent Barclay Review of Non-Domestic Rates, that ‘to counter a known avoidance tactic for second homes, owners or occupiers of self-catering properties must prove an intention to let for 140 days in the year and evidence of actual letting for 70 days.’

The Review had identified that some property owners, to avoid payment of council tax on second homes, claim that the property has moved from domestic use (liable for council tax) to non-domestic use as a self-catering property (liable for non-domestic rates). Although the gross liability is generally higher for non-domestic rates than it is for council tax, the majority of self-catering premises registered as non-domestic receive 100% Small Business Bonus Scheme relief.

Recognising the impact of COVID-19, the Scottish Government chose last year to delay the implementation of the requirement that self-catering properties be let for 70 days.

On 22 December the Scottish Government laid legislation – The Council Tax (Dwellings and Part Residential Subjects) (Scotland) Amendment Regulations 2021 – for 2022-23 to deliver the requirement of 70 days of actual letting for self-catering premises. The regulations can be found at the following link, http://www.legislation.gov.uk/id/ssi/2021/489.

The instrument creates a requirement that, to be classed as self-catering holiday accommodation, premises must actually be let for a period of at least 70 days in the financial year. The existing requirement, of an intention by a relevant person to make the premises available for letting for 140 days or more, will also need to be met. However, the 70 days of actual letting will be counted towards the 140 day period.

COVID-19 or Other Illness on the Premises

Posted on by Fiona Campbell

In the event that a guest develops symptoms whilst staying away from home, they should immediately book a test through NHS Inform or, if they can’t get online by phoning 0800 028 2816.

In accordance with Test and Protect, people with symptoms are required to self-isolate and book a test, and whilst awaiting this test result, everyone in their household should isolate. If the test is negative, everyone can end isolation. If the test is positive, the index case (or person who has tested positive for Covid) should continue to self-isolate and the NHS Test and Protect team will be in touch to start contact tracing. The household/close contacts should also self-isolate whilst awaiting a PCR test and depending on their age, vaccination status and whether they have any symptoms, they will be given advice on self-isolation through Test and Protect as appropriate.

If guests who are isolating can travel home safely to isolate, avoiding the use of public transport, they should do this.  In the event that this is not possible, if guests are able to isolate safely in holiday / temporary accommodation, this may be advisable.  If such an extended stay is necessary, unless otherwise provided for in the contractual terms of the booking, the guest will be expected to pay the costs of an extended stay in all but exceptional circumstances. Those who test positive for coronavirus should not travel by public transport or take a flight. If possible, they would be able to drive themselves home.  If the guest is either unable to travel home safely or to isolate within their current accommodation (for example if there are shared facilities, or risks cannot be mitigated to protect staff), the guest should discuss this with the NHS Test and Protect team. The guest may be signposted to the National Assistance Helpline on 0800 111 4000 if they need help to isolate and cannot arrange it themselves or through friends and family.

In some circumstances further discussion may be required with the local Health Protection Team and local authority to ensure that the person has suitable accommodation to isolate safely and effectively.

After the required period of self-isolation, guests and anyone else in their party who has been affected can then return to their main place of residence.

Non-coronavirus illness

If visitors become unwell (with non-coronavirus symptoms) while on holiday in Scotland, they should refer to the NHS inform website for self-management advice, information about medical services available locally, and other information about how they can access services. Depending on the nature of the illness a number of different services are available.

Local community pharmacies are a very useful first stop for any health advice, treatment of minor ailments or injuries. If necessary patients can also be seen as a temporary resident by the local GP practice. Please phone the GP practice first before attending.  If you need to be seen by a doctor or another member of the team e.g. a practice nurse, the practice may offer you a telephone consultation or a video consultation. Depending on the problem they might advise you to attend the local Minor Injury Unit or Emergency/ Accident and Emergency department.

If you are visiting from another part of the UK, you may also be able to contact your own GP practice who may be able to offer you a telephone or video consultation, depending on the nature of the problem.

If the medical issue occurs “out of hours” after 6 pm in the evening to 8 am in the morning and over the weekends, and is not an emergency, then please call 111 for advice. They will put you in touch with the local out of hours GP service if necessary.

In an emergency (for example suspected heart attack or stroke, breathing difficulties or severe bleeding) patients should dial 999 which is available 24 hours a day, 7 days a week.