Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 7) Regulations 2020

• Jurisdiction: Ireland
• Citation: IR SI 442/2020
• Year: 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 20th 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. 7) Regulations 2020.

(2) These Regulations, other than Regulations 15(3) and 16, shall come into operation on the 18th day of October 2020.

(3) Regulations 15(3) and 16 shall come into operation on the 19th day of October 2020.

Operation of Regulations

2. These Regulations shall remain in operation until the 9th day of November 2020.

Revocation

3. The Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 6) Regulations 2020 ( S.I. No. 413 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;

“essential retail outlet” means a retail outlet specified in Part 1 of Schedule 3;

“essential service” means a service specified in Part 2 of Schedule 3.

“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;

“necessary person” means, in relation to a sporting event, any person whose presence at the event is necessary for the event to take place, and includes -

(a) a person referred to in Regulation 9(2)(b) who is participating in the sporting event,

(b) a member of staff of Sport Ireland or a member of staff of the relevant sporting body of an athlete or competitor participating in the event,

(c) a coach or a trainer connected to the event,

(d) medical personnel, including such personnel conducting doping testing, whose presence is required at the event,

(e) a person who attends the event in order to ensure that it is conducted in accordance with the rules of the sport,

(f) a person engaged by the organiser of the sporting event as a steward, whether in a remunerated or voluntary capacity, to implement crowd control, compliance with public health guidance and other safety measures,

(g) a person whose attendance at the event is necessary for it to be reported, recorded or broadcast,

(h) a person who is a parent or guardian of a person who -

(i) is participating in the event, and

(ii) is a child,

(i) a person accompanying a person who is participating in the event, where that person normally requires assistance in carrying out his or her daily activities, or

(j) a person providing necessary technical, administrative, logistical or other professional services to a person described in any of subparagraphs (a) to (i);

“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 county” means a county that is -

(a) listed in Schedule 1, and

(b) located in a relevant geographical location;

“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;

“relevant person” means an applicable person whose place of residence is located within a relevant county;

“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) 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 (together referred to in these Regulations as the “County of Dublin”);

(b) Cork and Cork City;

(c) Galway and Galway City.

Part 2

Temporary restrictions – national measures

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

5. (1) Subject to Regulation 13 and 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, where, in all the circumstances, it is not practicable to so work, comply or engage in the person’s place of residence,

(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 -

(i) a primary or secondary school, or

(ii) a university, higher education institution or other education and training facility to the extent that it is necessary for such educational reasons to attend in person,

(e) to accompany to a school referred to in subparagraph (d)(i), or to a university, higher education institution or other education and training facility referred to in subparagraph (d)(ii), any other person residing with the person, or a vulnerable person,

(f) access créche or other childcare facilities,

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

(h) seek essential medical, health or dental assistance for the...