S.I. No. 171/2021 - Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (Amendment) Regulations 2021

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th April, 2021.

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 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,

hereby makes the following regulations:

1. (1) These Regulations may be cited as the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (Amendment) Regulations 2021.

(2) These Regulations shall come into operation on the 13th day of April 2021.

2. The Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) Regulations 2021 ( S.I. No. 168 of 2021 ) are amended by the insertion of the following Regulation after Regulation 10:

“Restriction on attendance at specified events

10A. (1) A person shall not attend a specified event in a relevant geographical location (regardless of whether or not, in the case of an applicable person, the event is held or to be held in his or her relevant travel area) other than in accordance with paragraph (2).

(2) A person may attend a specified event in a relevant geographical location where the person attends the event in order to –

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

(i) the provision of services to, or the performance of 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,

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

(iii) farming or agricultural activities,

(b) participate in education, including education at a primary school, a secondary school, a university, a higher education institution or other education and training facility, crèche or other childcare facilities,

(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 person’s place of residence), or accessing services provided in the outlet, for the applicable person or any other person residing in the person’s place of residence,

(d) access an essential service,

(e) 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,

(f) 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, or

(ii) minister to the sick, or

(g) attend to vital family matters (including providing care to vulnerable persons).

(3) This Regulation shall not apply to an event that is organised in accordance with Regulation 6(2), 6(3) or 10(1).

(4) In this Regulation, “specified event” means an event other than -

(a) a wedding reception,

(b) a sporting event,

(c) a training event, or

(d) a funeral.

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

GIVEN under the Official Seal of the Minister for Health,

12 April, 2021.

COLM DESMOND,

A person authorised under section 15 of the Ministers and Secretaries Act 1924 to authenticate the seal of the Minister for Health.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) Regulations 2021 ( S.I. No. 168 of 2021 ) to provide for restrictions on specified events. This is a penal provision.