Covid in Scotland: Legal review of 1m rule in cross-border rail row
- Published
Rail operator LNER has said it will not enforce social distancing
Scotland's social distancing regulations are being reviewed following a row with cross-border rail operators, the first minister has said.
Nicola Sturgeon said lawyers would see whether "clarification or tightening" of the 1m rule was necessary.
On Monday London North Eastern Railway (LNER) told customers it was operating "under English guidance" as the measure had been lifted down south.
Transport Scotland criticised the firm for issuing "inaccurate advice".
Operator Avanti West Coast also refused to enforce the 1m rule on its cross-border services, and will instead make announcements about changes in restrictions as trains enter Scotland.
Currently people in Scotland should stay 1m from each other in public places - but the rule has been lifted in England.
Scottish legislation, external states that anyone providing a service in a level zero area take measures to ensure that "as far as reasonably practicable", that a 1m distance is maintained.
During a Covid briefing on Tuesday, the first minister said she had seen commentary suggesting trains may not be included in the law because they were not classified as "premises".
The first minister said her legal team would review social distancing rules
She said: "I've just asked our lawyers to look at that to see whether there is any clarification or tightening required.
"But the intention is clear. I would expect companies operating in Scotland to follow the law in Scotland and follow the guidance in place in Scotland, even if it is not contained in statute."
Hours after saying it would not enforce Scottish regulations, LNER changed its position saying it was "reviewing its approach" on Anglo-Scottish services.
Enhanced cleaning
It said it would provide an update in due course.
A spokesperson for the firm said: "The safety of our customers and colleagues remains our top priority. We are continuing to provide an enhanced cleaning programme onboard our trains and at our stations as well as reminding customers to wear a face mask, unless exempt.
"We are also using our reservation system to prevent overcrowding and our website to continue to inform customers which are our least busy and busier services."
The first minister thanked the firm for "making clear" it would follow Scottish guidance.
Avanti West Coast will take an advisory position with social distancing rules
The BBC understands that Avanti West Coast will make announcements on trains leaving Carlisle, advising people of Scotland's social distancing rules to give them a chance to move seats.
The firm has encouraged passengers to travel at quieter times.
Meanwhile, operator ScotRail said "physical distancing can't be guaranteed" in stations or on trains and asks people to "take personal responsibility".
Transport Scotland earlier said the "law was clear", external and that rail operators had to take steps to ensure social distancing was "reasonably practicable" in level zero areas.
A spokesman said: "It is our expectation that operators providing a public transport service in Scotland to comply with the law as far as is reasonably practical and inform passengers using their services."Transport Scotland officials received assurance from LNER on Friday that their messages to customers would be changed to reflect and respect Scottish government law and guidance. It is not acceptable that LNER has continued to issue inaccurate advice."
Scotland has moved to the lowest level of Covid restrictions, while England has lifted most legal restrictions.
The move means more people in Scotland will be allowed to meet indoors and attend weddings and funerals but there are some "modifications".
In public places, one-metre physical distancing remains for people from different households.
Some limits on outdoor meetings are also being maintained and the mandatory use of face coverings is to remain in place for "some time".
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