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S.I. No. 738/2021 - Health Act 1947 (Section 31A (6A)) (Covid-19) (No. 3) Regulations 2021

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st December, 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 matters specified in subsections (2) and (6A)(b) (inserted by section 13 of the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 (No. 14 of 2020)) of section 31A of that Act, and

(b) having consulted with 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 make the following regulations:

1. (1) These Regulations may be cited as the Health Act 1947 (Section 31A (6A)) (Covid-19) (No.3) Regulations 2021.

(2) These Regulations shall come into operation on the 20th day of December 2021.

2. The following provisions of the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No.2) Regulations 2021 ( S.I. No. 217 of 2021 ), being penal provisions for the purposes of section 31A of the Health Act 1947 (No. 28 of 1947), are prescribed to be relevant provisions for the purposes of the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 (No. 14 of 2020):

(a) paragraph (1) of Regulation 12;

(b) paragraphs (1), (2) and (3) of Regulation 13;

(c) paragraph (1) of Regulation 13A;

(d) paragraph (1) of Regulation 13B;

(e) paragraph (1) of Regulation 13C;

(f) paragraph (1) of Regulation 13D.

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GIVEN under my Official Seal,

19 December, 2021.

STEPHEN DONNELLY,

Minister for Health.

EXPLANATORY NOTE

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

These regulations provide for the penal provisions relating to premises licensed for the sale or supply of intoxicating liquor for consumption on the premises under the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No.2) Regulations 2021 ( S.I. No. 217 of 2021 ) to become relevant provisions for the purposes of the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 .