Health Act 1947 (Section 31A -Temporary Restrictions) (Covid-19) Regulations 2020.

Published date10 April 2020
Statutory Instrument No.121/2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th April, 2020.

The Minister for Health, in exercise of the powers conferred on him by sections 5 and 31A (inserted by section 10 of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (No. 1 of 2020)) of the Health Act 1947 (No. 28 of 1947) and -

(a) having regard to the immediate, exceptional and manifest risk posed to human life and public health by the spread of Covid-19 and to the matters specified in subsection (2) of section 31A, and

(b) having consulted with the Minister for Finance, the Minister for Public Expenditure and Reform and the Minister for Justice and Equality,

hereby makes the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Health Act 1947 (Section 31A -Temporary Restrictions) (Covid-19) Regulations 2020.

(2) These Regulations shall come into operation on the 8th day of April 2020.

Operation of Regulations

2. These Regulations shall remain in operation until the 12th day of April 2020.

Definitions

3. In these Regulations -

“Act of 1947” means the Health Act 1947 (No. 28 of 1947);

“applicable person” means a person whose place of residence is located within a relevant geographical location;

“child” means a person who has not yet attained the age of 18 years;

“essential retail outlet” means a retail outlet specified in Schedule 1;

“essential service” means a service specified in Schedule 2;

“local authority” means a local authority within the meaning of section 2 of the Local Government Act 2001 (No. 37 of 2001);

“place of residence”, in relation to an applicable person, means -

(a) the premises that comprise the person’s home, or

(b) if the person does not have a home or is not residing in his or her home, such other premises, if any, at which he or she is currently residing, whether on a permanent or temporary basis;

“relevant geographical location” means a geographical location to which an affected areas order applies;

“vulnerable person” means -

(a) a person who normally requires assistance in carrying out his or her daily activities,

(b) a person who, although not normally requiring assistance in carrying out his or her daily activities, requires such assistance because he or she is -

(i) particularly susceptible to the risk posed to health by Covid-19, or

(ii) not in a position to leave his or her place of residence due to reasons related to the spread of Covid-19 or otherwise, or

(c) a child.

Restriction of movement of applicable persons

4. (1) An applicable person shall not leave his or her place of residence without reasonable excuse.

(2) Without prejudice to the generality of what constitutes a reasonable excuse for the purposes of paragraph (1), such reasonable excuse includes an applicable person leaving his or her place of residence (in this paragraph referred to as the “relevant residence”) to -

(a) provide, or assist in the provision of, an essential service, whether for remuneration or not,

(b) go to an essential retail outlet for the purpose of obtaining items (including food, beverages, fuel, medicinal products, medical devices or appliances, other medical or health supplies or products, essential items for the health and welfare of animals, or supplies for the essential upkeep and functioning of the relevant residence), or accessing services provided in the outlet, for the applicable person or any other person residing in the relevant residence,

(c) go to an essential retail outlet for the purpose of obtaining items (including food, beverages, fuel, medicinal products, medical devices or appliances, other medical or health supplies or products, essential items for the health and welfare of animals, or supplies for the essential upkeep and functioning of the place of residence of a vulnerable person), or accessing services provided in the outlet, for a vulnerable person,

(d) obtain money for -

(i) the applicable person,

(ii) any other person residing in the relevant residence, or

(iii) a vulnerable person,

(e) attend a medical appointment or accompany, to a medical appointment, any other person residing in the relevant residence or a vulnerable person,

(f) seek essential medical, health or emergency dental assistance for -

(i) the applicable person,

(ii) any other person residing in the relevant residence, or

(iii) a vulnerable person,

(g) donate blood or accompany any other person residing in the relevant residence to donate blood,

(h) seek veterinary assistance,

(i) exercise, either alone or with other persons residing in the relevant residence, within a 2 kilometre radius of that residence,

(j) attend to vital family matters (including to provide care to vulnerable persons),

(k) attend the funeral of -

(i) another person who resided in the relevant residence before his or her death, or

(ii) a close family member of the applicable person,

(l) fulfil a legal obligation (including attending court, satisfying bail conditions, or participating in ongoing legal proceedings), attend a court office where required, initiate emergency legal proceedings or execute essential legal documents,

(m) access an essential service, or assist any other person residing in the relevant residence or a vulnerable person to access an essential service, where the access is immediately required and the applicable person, other person residing in the relevant residence or vulnerable person, as the case may be, cannot access the service concerned from the person’s place of residence,

(n) if the applicable person is a parent or guardian of a child, or a person having a right of access to a child, give effect to arrangements for access to the child by -

(i) the applicable person, or

(ii) another person who is -

(I) a parent or guardian of the child, or

(II) a person having a right of access to the child,

(o) in the case of a minister of religion or priest (or any equivalent thereof in any religion) -

(i) lead worship or services remotely through the use of information and communications technology,

(ii) minister to the sick, or

(iii) conduct funeral services,

(p) move to another residence where, in all the circumstances of the case, such movement is reasonably necessary, or

(q) provide emergency assistance, avoid injury or illness, or escape a risk of harm, whether to the applicable person or another person.

(3) Paragraph (1) is a penal provision for the purposes of section 31A of the Act of 1947.

Restrictions on events

5. (1) A person shall not -

(a) hold an event in a relevant geographical area unless -

(i) the event is a relevant event, and

(ii) the number of participants in the event is limited to not more than is reasonably necessary having regard to the nature of the purposes for which the event is held,

or

(b) participate in an event in a relevant geographical area unless -

(i) the event is a relevant event, and

(ii) the person is a relevant participant.

(2) Paragraph (1) is a penal provision for the purposes of section 31A of the Act of 1947.

(3) In this Regulation -

“relevant event” means an event held for the purposes of any matter which falls within any subparagraph of Regulation 4(2);

“relevant participant”, in relation to a relevant event, means a person who participates in the event in order to engage in any activity required to be undertaken for the purposes for which the event is held.

SCHEDULE 1

Regulation 3

ESSENTIAL RETAIL OUTLETS

1. Outlets selling food or beverages on a takeaway basis, or newspapers, whether on a retail or wholesale basis and whether in a non-specialised or specialised outlet.

2. Outlets selling products necessary for the essential upkeep and functioning of places of residence and businesses, whether on a retail or wholesale basis.

3. Pharmacies, chemists and retailers or wholesalers providing pharmaceuticals or pharmaceutical or dispensing services, whether on a retail or wholesale basis.

4. Outlets selling health, medical or orthopaedic goods in a specialised outlet, whether on a retail or wholesale basis.

5. Fuel service stations and heating fuel providers.

6. Outlets selling essential items for the health and welfare of animals (including animal feed and veterinary medicinal products, pet food, animal bedding and animal supplies), whether on a retail or wholesale basis.

7. Laundries and drycleaners.

8. Banks, post offices and credit unions.

9. Outlets selling safety supplies (including work-wear apparel, footwear and personal protective equipment), whether on a retail or wholesale basis.

10. Hardware outlets, builders’ merchants and outlets that provide, whether on a retail or wholesale basis -

(a) hardware products necessary for home and business maintenance,

(b) sanitation and farm equipment, or

(c) supplies and tools essential for gardening, farming or agriculture purposes.

11. The following outlets insofar as they offer services on an emergency basis only:

(a) optician and optometrist outlets;

(b) outlets providing hearing test services or selling hearing aids and appliances;

(c) outlets providing for the repair of mechanically propelled vehicles or for the repair of bicycles and any related facilities (including tyre sales and repairs);

(d) outlets selling office products and services for businesses or for applicable persons working from their respective places of residence, whether on a retail or wholesale basis;

(e) outlets providing electrical, information and communications technology and telephone sales, repair and maintenance services for places of residence and businesses.

SCHEDULE 2

Regulation 3

ESSENTIAL SERVICES

Agriculture, horticulture, forestry, fishing, animal welfare and related services

1. The following services relating to agriculture, horticulture...

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