S.I. No. 513/2020 - Health Act 1947 (Section 31A – Temporary Requirements) (Covid-19 Passenger Locator Form) (Amendment) (No. 7) Regulations 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th November, 2020.

I, STEPHEN DONNELLY, Minister for Health, in exercise of the powers conferred on me by sections 5 and 31 A (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 31 A, and

(b) having consulted with the Minister for Foreign Affairs, the Minister for Justice, the Minister for Business, Enterprise and Innovation and the Minister for Transport,

hereby make the following regulations:

1. These Regulations may be cited as the Health Act 1947 (Section 31A – Temporary Requirements) (Covid-19 Passenger Locator Form) (Amendment) (No. 7) Regulations 2020.

2. In these Regulations, “Principal Regulations” means the Health Act 1947 (Section 31A – Temporary Requirements) (Covid-19 Passenger Locator Form) Regulations 2020 ( S.I. No. 181 of 2020 ).

3. These Regulations shall come into operation on the 8th day of November 2020.

4. Regulation 2 of the Principal Regulations is amended by the substitution of “the 9th day of June 2021” for “the 9th day of November 2020”.

5. Regulation 5 of the Principal Regulations is amended -

(a) in paragraph (1), by the substitution of the following subparagraph for subparagraph (a):

“(a) on or before his or her arrival in the State –

(i) complete a Covid-19 Passenger Locator Form in respect of himself or herself, and

(ii) subject to paragraph (2), confirm on that form the number of children (if any) in relation to whom the international passenger is a responsible adult,”, and

(b) in paragraph (2), by substituting “where one of the international passengers concerned has complied with that requirement.” for “where a Covid-19 Passenger Locator Form has been completed in respect of the child by any one of the international passengers.”.

6. Regulation 6 of the Principal Regulations is amended -

(a) by the substitution of the following paragraph for paragraph (3):

“(3) A relevant person may, during a relevant period, request an international passenger to confirm where the international passenger is currently residing.”,

(b) in paragraph (5) -

(i) by the substitution of the following subparagraph for subparagraph (a):

“(a) takes up residence in a place other than the place of residence specified in the Covid-19 Passenger Locator Form, or”,

(ii) by the substitution of the following subparagraph for subparagraph (b):

“(b) changes his or her contact details from those provided in the Covid-19 Passenger Locator Form,” and

(iii) by the deletion of subparagraph (c), and

(c) in paragraph (6), by the substitution of the following subparagraph for subparagraph (a):

“(a) in the case of information specified in paragraph (5)(a), before the international passenger has taken up residence in the new place, or as soon as practicable thereafter, or”.

7. The Principal Regulations are amended by the substitution of the following Regulation for Regulation 6A (inserted by Regulation 10 of the Health Act 1947 (Section 31A – Temporary Requirements) (Covid-19 Passenger Locator Form) (Amendment) (No. 6) Regulations 2020 ( S.I. No. 314 of 2020 )):

“6A. A relevant person may, during a relevant period, contact an international passenger by way of telephone call, text message or email using the contact details provided in the Covid-19 Passenger Locator Form completed by the international passenger in order to provide the international passenger with public health information relevant to the international passenger concerned or general public health information in relation to Covid-19.”.

8. Regulation 7(1) of the Principal Regulations is amended -

(a) by the substitution of the following subparagraph for subparagraph (a):

“(a) recording and verifying information regarding the place of residence of an international passenger for a period of up to 14 days following the arrival in the State of such a passenger,”,

(b) by the substitution of the following subparagraph for subparagraph (b):

“(b) identifying, tracing and contacting of persons who have been in contact with persons who have been diagnosed, or are suspected of having been infected, with Covid-19, and”, and

(c) by the deletion of subparagraph (c).

9. The Principal Regulations are amended by the insertion of the following Regulation after Regulation 8:

“Further transitional arrangements in relation to Covid-19 Passenger Locator Forms

9. (1) Notwithstanding the amendment effected by Regulation 10 of the Health Act 1947 (Section 31A – Temporary Requirements) (Covid-19 Passenger Locator Form) (Amendment) (No. 7) Regulations 2020 ( S.I. No. 513 of 2020 ) a reference to a Covid-19 Passenger Locator Form in these Regulations shall, during the transitional period, include a reference to a Covid-19 Passenger Locator Form within the meaning of these Regulations before the said Regulation 10 came into operation.

(2) In this Regulation, ‘transitional period’ means the period beginning on the 8th day of November 2020 and ending on the day of 14th day of November 2020.”.

10. The Principal Regulations are amended by the substitution of the Schedule to these Regulations for the Schedule to those Regulations.

GIVEN under my Official Seal,

7 November, 2020.

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, made under section 31A of the Health Act 1947 (inserted by section 10 of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 ), provide for the imposition of a requirement that international passengers (including Irish citizens) arriving in the State at a port or airport from a place outside the State complete a COVID-19 Passenger Locator Form for the purposes of recording and verifying information regarding their contact details and place of residence for a period of up to 14 days following arrival. The Regulations also provide that relevant persons appointed by the Minister can contact international passengers for the purpose of providing public health information relating to Covid-19.