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Travelling In Scotland
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Could anyone tell me how far you are allowed to travel in Scotland under the current relaxed lockdown guidelines?
I have tried looking at the govscot website but gave up.
I have tried looking at the govscot website but gave up.
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//Permitted to travel short distances for outdoor leisure and exercise but advice to stay within a short distance of your local community (broadly within 5 miles) and travel by walk, wheel and cycle where possible.//
Source
https:/ /www.go v.scot/ publica tions/c oronavi rus-cov id-19-f ramewor k-decis ion-mak ing-sco tlands- route-m ap-thro ugh-out -crisis /pages/ 7/
//Permitted to travel short distances for outdoor leisure and exercise but advice to stay within a short distance of your local community (broadly within 5 miles) and travel by walk, wheel and cycle where possible.//
Source
https:/
The news hasn't pleesed all understandably.
https:/ /www.sc otsman. com/spo rt/golf /critic ism-lay er-conf usion-o ver-tra vel-gui dance-s cottish -golfer s-28620 05
https:/
There is nothing within the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 which specifies any restriction upon distance for travel. It's the purpose of such travel which is all-important.
Section 5(1) states "Except to the extent that a defence would be available under regulation 8(4), during the emergency period, no person may leave the place where they are living".
The defence under Section 8(4) is one of 'reasonable excuse'. Section 8(5) provides a list of 'reasonable excuses' but it's non-exhaustive. (i.e. a person might still have a valid 'reasonable excuse', even though it's not included within the list):
"(a) to obtain basic necessities, including food and medical supplies for those in the same household (including any pets or animals in the household) or for a vulnerable person and supplies for the essential upkeep, maintenance and functioning of the household or the household of a vulnerable person, or to obtain money,
(b) to take exercise, either alone or with other members of their household,
(c) to seek medical assistance, including to access any of the services referred to in paragraph 37 or 38 of schedule 1,
(d) to provide care or assistance to a vulnerable person, including to provide emergency assistance,
(e) to donate blood,
(f) to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living,
(g) to attend a funeral of—
(i)a member of the person’s household,
(ii)a close family member, or
(iii)if no-one within sub-paragraphs (i) or (ii) are attending, a friend,
(h) to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings,
(i) to access critical public services, including—
>(i) childcare or educational facilities (where these are still available to the child in relation to whom that person is the parent of, or has parental responsibility for or care of, the child),
>(ii) social services,
>(iii) services provided by the Department of Work and Pensions,
> (iv) services provided to victims (such as victims of crime),
(j) in relation to children who do not live in the same household as their parents, or one of their parents, to continue existing arrangements for access to, and contact between, parents and children, and for the purposes of this paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has care of, the child,
(k) in the case of a minister of religion or worship leader, to go to their place of worship,
(l) to move house where reasonably necessary,
(m) to avoid injury, illness or to escape a risk of harm"
Section 5(1) states "Except to the extent that a defence would be available under regulation 8(4), during the emergency period, no person may leave the place where they are living".
The defence under Section 8(4) is one of 'reasonable excuse'. Section 8(5) provides a list of 'reasonable excuses' but it's non-exhaustive. (i.e. a person might still have a valid 'reasonable excuse', even though it's not included within the list):
"(a) to obtain basic necessities, including food and medical supplies for those in the same household (including any pets or animals in the household) or for a vulnerable person and supplies for the essential upkeep, maintenance and functioning of the household or the household of a vulnerable person, or to obtain money,
(b) to take exercise, either alone or with other members of their household,
(c) to seek medical assistance, including to access any of the services referred to in paragraph 37 or 38 of schedule 1,
(d) to provide care or assistance to a vulnerable person, including to provide emergency assistance,
(e) to donate blood,
(f) to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living,
(g) to attend a funeral of—
(i)a member of the person’s household,
(ii)a close family member, or
(iii)if no-one within sub-paragraphs (i) or (ii) are attending, a friend,
(h) to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings,
(i) to access critical public services, including—
>(i) childcare or educational facilities (where these are still available to the child in relation to whom that person is the parent of, or has parental responsibility for or care of, the child),
>(ii) social services,
>(iii) services provided by the Department of Work and Pensions,
> (iv) services provided to victims (such as victims of crime),
(j) in relation to children who do not live in the same household as their parents, or one of their parents, to continue existing arrangements for access to, and contact between, parents and children, and for the purposes of this paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has care of, the child,
(k) in the case of a minister of religion or worship leader, to go to their place of worship,
(l) to move house where reasonably necessary,
(m) to avoid injury, illness or to escape a risk of harm"
Just to complicate things, there will be some changes to the rules in Scotland from this Thursday:
https:/ /www.bb c.co.uk /news/u k-scotl and-527 45643
https:/
Its as clear as mud!
The issue is my sister is wanting our family to meet up, there will be my family of 4, my sisters family of 4 or maybe 6 and then my mum and step dad. They have picked a town which is a central point for us all but is a roughly 120 mile round trip for each of us. i've said we shouldn't be doing it as the guidance said stay in your local area and my sister is saying the guidance doesn't stipulate a distance.
The issue is my sister is wanting our family to meet up, there will be my family of 4, my sisters family of 4 or maybe 6 and then my mum and step dad. They have picked a town which is a central point for us all but is a roughly 120 mile round trip for each of us. i've said we shouldn't be doing it as the guidance said stay in your local area and my sister is saying the guidance doesn't stipulate a distance.
There's a big difference between what's 'law' and what's only 'guidance'.
If you've got a hospital appointment that's at a specialist unit, which is 100 miles from your home, then you're clearly entitled to travel there because the purpose of your journey (which is what the law relates to) is a valid one.
At PRESENT though you can't travel a 100 miles, or even 100 yards, simply to meet up with members of another household.
HOWEVER . . . Phase 1 of Scotland's 'routemap' comes into effect from this Thursday, meaning that members of one household will be able to meet up with members of another household provided that
(a) there are ONLY TWO households involved (and NOT, as your post at 1605 suggests, a greater number of households) ;
(b) the meeting takes place out of doors (either in a public place or a private garden) ; and
(c) social distancing continues to be maintained between members of different households.
The LAW doesn't place any limit upon how far people can travel to get to such meetings but the GUIDANCE remains that people should remain close to home (with a figure of 5 miles travel appearing within some of that guidance).
So, as far as the LAW is concerned, you'll be doing nothing wrong by travelling a long distance to meet up with others (even though you will be going against the GUIDANCE).
However, as I read your post at 1605, you will be BREAKING THE LAW anyway, due to the number of different households involved in your plans.
If you've got a hospital appointment that's at a specialist unit, which is 100 miles from your home, then you're clearly entitled to travel there because the purpose of your journey (which is what the law relates to) is a valid one.
At PRESENT though you can't travel a 100 miles, or even 100 yards, simply to meet up with members of another household.
HOWEVER . . . Phase 1 of Scotland's 'routemap' comes into effect from this Thursday, meaning that members of one household will be able to meet up with members of another household provided that
(a) there are ONLY TWO households involved (and NOT, as your post at 1605 suggests, a greater number of households) ;
(b) the meeting takes place out of doors (either in a public place or a private garden) ; and
(c) social distancing continues to be maintained between members of different households.
The LAW doesn't place any limit upon how far people can travel to get to such meetings but the GUIDANCE remains that people should remain close to home (with a figure of 5 miles travel appearing within some of that guidance).
So, as far as the LAW is concerned, you'll be doing nothing wrong by travelling a long distance to meet up with others (even though you will be going against the GUIDANCE).
However, as I read your post at 1605, you will be BREAKING THE LAW anyway, due to the number of different households involved in your plans.