Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 6) Regulations 2020

• Jurisdiction: Ireland
• Citation: IR SI 413/2020
• Year: 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th October, 2020.

I, STEPHEN DONNELLY, Minister for Health, in exercise of the powers conferred on me 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 Transport, the Minister for Business, Enterprise and Innovation, the Minister for Finance, the Minister for Justice and Equality, and the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media,

hereby make the following regulations:

PART 1 Preliminary and General

Citation and Commencement

1. (1) These Regulations may be cited as the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 6) Regulations 2020.

(2) These Regulations shall come into operation on the 7th day of October 2020.

Operation of Regulations

2. These Regulations shall remain in operation until the 28th day of October 2020.

Revocation

3. The Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 5) Regulations 2020 (S.I. No. 352 of 2020) are revoked.

Interpretation

4. (1) In these Regulations -

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

“Act of 2001” means the Local Government Act 2001 (No. 37 of 2001);

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

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

“club” means a club registered under the Registration of Clubs Acts 1904 to 2008;

“county” has the same meaning as it has in section 10 (amended by section 12 of the Local Government Reform Act 2014 (No. 1 of 2014)) of the Act of 2001, being a Local Government Area that is listed as a County in Schedule 5 to the Act of 2001;

“County of Dublin” shall be construed in accordance with paragraph (2);

“county of residence”, in relation to an applicable person, means the county in which his or her place of residence is situated;

“licence”, in relation to premises, means a licence for the sale by retail of intoxicating liquor for consumption on or off the premises whether granted on production or without production of a certificate of the Circuit Court or District Court;

“place of residence” means -

(a) in relation to a person who is ordinarily resident in the State-

(i) the home in which the person ordinarily resides, or

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

(b) in relation to a person who is not ordinarily resident in the State, the premises in the State, if any, at which he or she is currently residing, whether on a permanent or temporary basis;

“premises” includes part of any premises;

“premises controller” means -

(a) in relation to premises the subject of a licence, the holder of the licence, and

(b) in relation to the premises of a club, every person whose name is entered in the register of clubs as an official or member of its committee of management or governing body at the material time;

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

“relevant event” means an event held, or to be held, for social, recreational, exercise, cultural, entertainment or community reasons, but does not include –

(a) an event to be held in a private dwelling,

(b) a wedding reception,

(c) a sporting event, or

(d) a training event;

“specified person”, in relation to any premises, means –

(a) the premises controller of the premises,

(b) the occupier of the premises,

(c) the manager of the premises, or

(d) any other person for the time being in charge of the premises;

“sporting event” means an event to be held in a location other than in a private dwelling that is -

(a) so to be held wholly or partly for competitive sport reasons, regardless of the nature of the sport or the competitive standard in question,

(b) organised under the structure of, licenced by, or otherwise authorised by -

(i) a national governing body of the sport in question, or

(ii) a school, university or higher education institution, and

(c) not a training event;

“substantial meal” means a meal -

(a) such as might be expected to be served as a main midday or main evening meal or as a main course at either such meal, and

(b) that is of a kind, having regard to all the circumstances, for which it would be reasonable to charge a sum that is not less than €9;

“training event” means an event -

(a) to be held in preparation for a sporting event, and

(b) that is supervised by a member of staff of Sport Ireland, a coach or a trainer;

“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.

(2) For the purposes of these Regulations, a group of Local Government Areas specified in one of the following subparagraphs shall be deemed to be a single county:

(a) Dún Laoghaire-Rathdown, Fingal, South Dublin and Dublin City;

(b) Cork and Cork City;

(c) Galway and Galway City.

Part 2 National measures

Restrictions of movement of applicable persons in relation to travel from county of residence

5. (1) Subject to paragraph (2), an applicable person shall not travel from his or her county of residence to another county or to a state other than the State without reasonable excuse.

(2) Without prejudice to the generality of what constitutes a reasonable excuse for the purposes of paragraph (1), a reasonable excuse for travelling includes travelling in order to -

(a) work, comply with a contract of employment or contract for services, or otherwise engage in work or employment,

(b) without prejudice to the generality of subparagraph (a) -

(i) provide services to, or perform the functions of, an office holder appointed under any enactment or under the Constitution, or a member of either House of the Oireachtas, the European Parliament or a local authority, or

(ii) provide services essential to the functioning of diplomatic missions and consular posts in the State,

(c) farm, carry out agricultural activities, or assist in farming or carrying out agricultural activities,

(d) attend, for educational reasons, a school, university, higher education institution or other education and training facility or to accompany to such school, university, higher education institution or other education and training facility, any other person residing with the person, or a vulnerable person,

(e) access créche or other childcare facilities,

(f) attend a medical or dental appointment, or accompany, to such an appointment, any other person residing with the person, or a vulnerable person,

(g) seek essential medical, health or dental assistance for the person, for any other person residing with the person, or for a vulnerable person,

(h) donate blood or accompany any other person residing with the person to donate blood,

(i) seek veterinary assistance,

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

(k) attend a funeral,

(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) if the 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 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,

(n) 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 or wedding services,

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

(p) return to the person’s place of residence,

(q) where the person is not ordinarily resident in the State, leave the State, or

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

Restrictions on events in private dwellings

6. (1) A person shall not organise, or cause to be organised, an event to be held in a private dwelling in a relevant geographical location other than in accordance with paragraph (2).

(2) Subject to paragraph (3), a person may organise, or cause to be organised, an event to be held in a private dwelling in a relevant geographical location for social or recreational reasons where the person takes all reasonable steps to ensure that the persons attending, or proposed to attend, the event (for whatever reason) -

(a) reside in no more than one other household, and

(b) do not exceed 6 in number.

(3) For the purposes of paragraph (2), in reckoning the number of persons at an event in a private dwelling -

(a) subject to subparagraph (b), an applicable person whose place of residence is the private dwelling shall be...