Emergency measures in the public interest (covid-19) act 2020

• Statutory Instrument No.: 2/2020
• Enactment Date: 27 March 2020
• Act Number: 2

Number 2 of 2020
EMERGENCY MEASURES IN THE PUBLIC INTEREST (COVID-19) ACT 2020
CONTENTS
PART 1
Preliminary and General
Section
1. Short title, commencement and operation
2. Definition
PART 2
Operation of Residential Tenancies Act 2004
3. Interpretation
4. Extension of emergency period
5. Notices of termination under Act of 2004
6. Prohibition on rent increases under Act of 2004
7. Proceedings before Tenancy Tribunal
8. Entitlement to remain in occupation of dwelling during emergency period
PART 3
Calculation of Time Limits Relating to Planning and Development
9. Calculation of time limits during emergency
PART 4
Amendments to Certain Acts Regulating Health and Social Care Professions
10. Special measures registration having regard to Covid-19
11. Special measures registration having regard to Covid-19
12. Special measures registration having regard to Covid-19
13. Amendment of Medical Practitioners Act 2007 - insertion of sections 110 and 111
14. Special measures registration having regard to Covid-19
PART 5
Amendments to Mental Health Act 2001
15. Definition (Part 5)
16. Exigencies of public health emergency
17. Amendment of section 17 of Act of 2001
18. Amendment of section 18 of Act of 2001
19. Amendment of section 28 of Act of 2001
20. Amendment of section 48 of Act of 2001
21. Amendment of section 49 of Act of 2001
22. Amendment of section 58 of Act of 2001
23. Certain provisions of Act of 2001 not to have effect
24. Transitional provisions
PART 6
Amendment to Defence Act 1954: Re-enlistment of Formerly Enlisted Persons
25. Interpretation
26. Amendment of Defence Act 1954: re-enlistment of formerly enlisted persons
27. Provisions governing return of reservists to employment
PART 7
Covid-19: Temporary Wage Subsidy Provisions
28. Covid-19: temporary wage subsidy provisions
PART 8
Amendment to Redundancy Payments Act 1967
29. Operation of section 12 - emergency period
PART 9
Amendments to Civil Registration Act 2004
30. Definition (Part 9)
31. Performance of functions of registrar and Superintendent Registrar by staff of Ard-Chláraitheoir in certain exceptional circumstances
32. Alleviation of requirement on certain persons to appear in person under Part 3 of Act of 2004
33. Alleviation of requirement on certain persons to appear in person under Part 5 of Act of 2004
Acts Referred to
Building Control Act 1990 (No. 3)
Civil Registration Act 2004 (No. 3)
Corporation Tax Acts
Defence Act 1954 (No. 18)
Dentists Act 1985 (No. 9)
Derelict Sites Act 1990 (No. 14)
Health and Social Care Professionals Act 2005 (No. 27)
Income Tax Acts
Medical Practitioners Act 2007 (No. 25)
Mental Health Act 2001 (No. 25)
Nurses and Midwives Act 2011 (No. 41)
Payment of Wages Act 1991 (No. 25)
Pharmacy Act 2007 (No. 20)
Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17)
Planning and Development Act 2000 (No. 30)
Redundancy Payments Act 1967 (No. 21)
Residential Tenancies (Amendment) Act 2019 (No. 14)
Residential Tenancies Act 2004 (No. 27)
Social Welfare Acts
Taxes Consolidation Act 1997 (No. 39)
Urban Regeneration and Housing Act 2015 (No. 33)
Number 2 of 2020
EMERGENCY MEASURES IN THE PUBLIC INTEREST (COVID-19) ACT 2020
An Act, to make exceptional provision, in the public interest and having regard to the manifest and grave risk to human life and public health posed by the spread of the disease known as Covid-19 and in order to mitigate, where practicable, the effect of the spread of that disease and to mitigate the adverse economic consequences resulting, or likely to result from the spread of that disease and to mitigate its impact on the administration of vital public service functions; to make provision in relation to the operation of certain provisions of the Residential Tenancies Act 2004 during the period of 3 months following the enactment of this Act and such further period (if any) as may be specified by order of the Government; to amend the Planning and Development Act 2000 to provide, in certain circumstances, for the disregard of a certain period in the calculation of time limits referred to in that Act and in certain other enactments; to provide for the registration of certain health and social care professionals to fulfil the need for medical resources to alleviate the risk from Covid-19 to human life and public health and for those and related purposes to amend the Dentists Act 1985 , the Health and Social Care Professionals Act 2005 , the Pharmacy Act 2007 , the Medical Practitioners Act 2007 , and the Nurses and Midwives Act 2011 ; to make provision, due to the exigencies of the public health emergency posed by the spread of Covid-19, for certain amendments and modifications to the provisions of the Mental Health Act 2001 relating to the carrying out of reviews under section 18 of that Act; to amend the Defence Act 1954 to enable the re-enlistment of formerly enlisted persons; to enable the provision of a temporary wage subsidy to certain employees; to make provision in relation to the operation of certain provisions of the Redundancy Payments Act 1967 for a certain period following the enactment of this Act and such further period (if any) as may be specified by order of the Government and, for that purpose, to amend the Redundancy Payments Act 1967 ; to make provision allowing for the modified operation of certain aspects of the civil registration system, if required, for a limited period and such further period (if any) as may be specified by order of the Government, including by way of allowing certain persons to provide particulars to a registrar in writing rather than by appearing in person, and by allowing the staff of an tArd-Chláraitheoir to perform the functions of certain registrars in circumstances where the civil registration system is not available or able to perform its statutory functions as it ordinarily would be, and for those purposes, to amend the Civil Registration Act 2004 ; and to provide for related matters.
[27th March, 2020]
WHEREAS an emergency has arisen in the State by virtue of the spread of the disease known as Covid-19;
AND WHEREAS the State is and its citizens are, in significant respects, highly exposed to the effect of the spread of that disease; and having regard to the constitutional duty of the State to respect and, as far as practicable, by its laws to defend and vindicate the rights of citizens to life and to bodily integrity, it is necessary to introduce a range of extraordinary measures and safeguards to prevent, minimise, limit or reduce the risk of persons being infected with that disease;
AND WHEREAS the emergency that has arisen is of such a character that it is necessary for compelling reasons of public interest and for the common good that extraordinary measures should be taken to mitigate, to the extent practicable, the adverse economic consequences resulting, or likely to result, from the spread of that disease and to mitigate its impact on the administration of vital public service functions;
Be it enacted by the Oireachtas as follows:
PART 1 Preliminary and General
		Short title, commencement and operation
1. (1) This Act may be cited as the Emergency Measures in the Public Interest (Covid-19) Act 2020.
	(2) (a) Part 3 shall come into operation on such day as the Minister for Housing, Planning and Local Government may by order appoint.
	(b) Part 5 shall come into operation on the 30th day of March 2020.
	(c) The amendments effected by Part 8 shall be deemed to have come into operation on the 13th day of March 2020.
	(d) The amendments effected by Part 9 shall be deemed to have come into operation on the 13th day of March 2020.
	(3) The amendments to and other modifications of the Mental Health Act 2001 effected by Part 5—
	(a) subject to paragraph (b), continue in operation until the 9th day of November 2020, and
	(b) may be continued in operation by a resolution passed by each House of the Oireachtas before the date referred to in paragraph (a) until such date as may be specified in the resolutions.
		Definition
2. In this Act, “Covid-19” means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 ( S.I. No. 390 of 1981 ) or any variant of the disease so specified as an infectious disease in those Regulations.
PART 2 Operation of Residential Tenancies Act 2004
		Interpretation
3. (1) In this Part—
	“Act of 2004” means the Residential Tenancies Act 2004 ;
	“emergency period” means—
	(a) the period of 3 months commencing on the enactment of this Act, and
	(b) such other period (if any) as may be specified by order under section 4.
	(2) In this Part—
	(a) references to landlord shall be construed as including references to licensor within the meaning of section 37 of the Residential Tenancies (Amendment) Act 2019 ,
	(b) references to tenant shall be construed as including references to licensee within such meaning, and
	(c) references to tenancy shall be construed as including references to licence within such meaning.
	(3) A word or expression that is used in this Part and in the Act of 2004 shall have the meaning in this Part that it has in that Act.
		Extension of emergency period
4 (1) The Government may, on the request of the Minister for Housing, Planning and Local Government made—
	(a) after consultation with the Minister for Health, and
	(b) with the consent of the Minister for Public Expenditure and Reform,
	from time to time, by order extend the emergency period for such period as they consider appropriate if they are satisfied that, having regard to—
	(i) the threat...