SI No. 217 of 2021
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S.I. No. 217 of 2021 HEALTH ACT 1947 (SECTION 31A - TEMPORARY RESTRICTIONS) (COVID-19) (NO. 2) REGULATIONS 2021 REVISED Updated to 27 August 2021 and no further amendments have been made since this date. This Revised Statutory Instrument is an administrative consolidation of the Health Act 1947 (Section 31A – Temporary Restrictions) (Covid-19) (No. 2) Regulations 2021. It is prepared by the Office of the Attorney General on behalf of the Department of Health. All statutory instruments up to and including the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) (Amendment) (No. 12) Regulations 2021 (S.I. No. 438 of 2021) were considered in the preparation of this Revised Statutory Instrument. Disclaimer: While every care has been taken in the preparation of this Revised Statutory Instrument, the Office of the Attorney General and the Department of Health can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to [email protected]. S.I. No. 217 of 2021 HEALTH ACT 1947 (SECTION 31A - TEMPORARY RESTRICTIONS) (COVID-19) (NO. 2) REGULATIONS 2021 REVISED Introduction This Revised Statutory Instrument presents the text of the Statutory Instrument as it has been amended since it was made by the Minister for Health, and preserves the format in which it was made. Annotations This Revised Statutory Instrument is annotated and includes textual amendments. Statutory instrument included in this revision: • Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) (Amendment) (No. 12) Regulations 2021 (S.I. No. 438 of 2021) • Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) (Amendment) (No. 11) Regulations 2021 (S.I. No. 423 of 2021) • Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) (Amendment) (No. 10) Regulations 2021 (S.I. No. 410 of 2021) • Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) (Amendment) (No. 9) Regulations 2021 (S.I. No. 384 of 2021) • Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) (Amendment) (No. 8) Regulations 2021 (S.I. No. 382 of 2021) • Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) (Amendment) (No. 7) Regulations 2021 (S.I. No. 369 of 2021) • Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) (Amendment) (No. 6) Regulations 2021 (S.I. No. 341 of 2021) • Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) (Amendment) (No. 5) Regulations 2021 (S.I. No. 329 of 2021) • Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) (Amendment) (No. 4) Regulations 2021 (S.I. No. 322 of 2021) • Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) (Amendment) (No. 3) Regulations 2021 (S.I. No. 304 of 2021) • Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) (Amendment) (No. 2) Regulations 2021 (S.I. No. 291 of 2021) • Health Act 1947 (Section 31A – Temporary Restrictions) (Covid-19) (No.2) (Amendment) Regulations 2021 (S.I. No. 267 of 2021) In addition, please note that the statutory instruments captured in this revision are affected by the following: (a) Health Act 1947 (Section 31A(6A)) (Covid-19) (No. 2) Regulations 2021 (S.I. No. 218 of 2021); (b) Health Act 1947 (Fixed Payment Notice and Dwelling Event Provisions) (Covid-19) (No. 2) Regulations 2021 (S.I. No. 219 of 2021). The affecting provisions are not noted in the annotations in this revision. 2 S.I. No. 217 of 2021 HEALTH ACT 1947 (SECTION 31A - TEMPORARY RESTRICTIONS) (COVID-19) (NO. 2) REGULATIONS 2021 REVISED Updated to 27 August 2021 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 Foreign Affairs, the Minister for Housing, Local Government and Heritage, the Minister for Transport, the Minister for Enterprise, Trade and Employment, the Minister for Finance, the Minister for Justice and the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media,* * With regard to S.I. No. 423 of 2021 and S.I. No. 438 of 2021, the Minister for Foreign Affairs, the Minister for Housing, Local Government and Heritage, the Minister for Transport, the Minister for Enterprise, Trade and Employment, the Minister for Finance, the Minister for Justice, the Minister for Agriculture, Food and the Marine and the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media were consulted. 3 hereby make the following regulations: PART 1 Preliminary and General Citation, commencement and operation 1. (1) These Regulations may be cited as the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) Regulations 2021. (2) These Regulations shall, subject to paragraphs (3) and (4), come into operation on the 10th day of May 2021 and shall have effect for the period beginning on that date and ending on the F1 [1st day of September 2021]. (3) Schedule 1 shall come into operation on the 10th day of May 2021 and shall have effect for the period beginning on that date and ending on the 16th day of May 2021. (4) Paragraph 22 of Schedule 2 shall come into operation on the 10th day of May 2021 and shall have effect for the period beginning on that date and ending on the 16th day of May 2021. Amendment F1 Substituted (02.08.2021) by Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) (Amendment) (No. 10) Regulations 2021 (S.I. No. 410 of 2021), reg. 2(a). Editorial note E1 Previous affecting provisions: Substituted (02.06.2021) by Health Act 1947 (Section 31A – Temporary Restrictions) (Covid-19) (No.2) (Amendment) Regulations 2021 (S.I. No. 267 of 2021), reg. 3; Substituted (05.07.2021) by Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) (Amendment) (No.5) Regulations 2021 (S.I. No. 329 of 2021), reg. 3; 4 Substituted (17.07.2021) by Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) (Amendment) (No. 7) Regulations 2021 (S.I. No. 369 of 2021), reg. 3(a); Substituted as per F1. Revocation 2. The Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) Regulations 2021 (S.I. No. 168 of 2021) are revoked. 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 attained the age of 18 years; “childcare pairing arrangement” has the meaning assigned to it by Regulation 6; “club” means a club registered under the Registration of Clubs Acts 1904 to 2008; “dance rehearsal event” means an event held or to be held in a location other than in a dwelling wholly or partly for the purposes of - 5 (a) learning, rehearsing, practising or choreographing a dance or dance routines, or (b) training or preparing for a dance competition or examination; “household” means a person who lives alone or 2 or more persons who live together; “licence” means, in relation to premises, 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; “local authority” means a local authority within the meaning of section 2 of the Local Government Act 2001 (No. 37 of 2001); “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 F2 […] 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, 6 (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 7 (j) a person providing necessary technical, administrative, logistical or other professional services to a person described in any of subparagraphs (a) to (i); “permitted outlet” means an outlet that is specified in Schedule 1; “place of residence” means - (a) in relation to a person who is ordinarily resident in the State