5.—(1) Subject to [F1paragraphs (2) to (7)], a person shall not [F2organise, operate or] participate in an indoor or outdoor gathering which consists of more than [F1fifteen] persons.
[F3(1A) A gathering referred to in regulation 5A (a gathering of 30 or more persons in public or private with or without amplified music) falls to be dealt with under that regulation, and not this regulation, despite the fact that such a gathering may otherwise fall within this regulation.]
(2) Paragraph (1) shall not apply to a gathering in a private dwelling [F4or to a funeral].
[F5(3) Paragraph (1) shall not apply to—
(a)a gathering which is organised or operated for cultural, entertainment, recreational, outdoor sports, social, community, educational, work, legal, religious or political purposes; or
(b)a sports event or activity in an indoor arena not capable of seating or facilitating 5,000 or more spectators,
and which fulfils the conditions in paragraph (4).]
(4) The conditions referred to in paragraph (3) are that the person responsible for organising or operating the gathering—
(a)has carried out a risk assessment which meets the requirements of the Management of Health and Safety at Work Regulations (Northern Ireland) 2000 M1, whether or not that person is subject to those Regulations; and
(b)takes all reasonable measures to limit the risk of transmission of the coronavirus, including implementing the preventive and protective measures identified in the risk assessment undertaken in accordance with sub-paragraph (a) and complying with any relevant guidance issued by a Northern Ireland Department.
[F6(4A) A person responsible for organising or operating a gathering referred to in subparagraph (3)(a) or (3)(b) must, if requested to do so by a relevant person, provide to that relevant person a copy of the risk assessment referred to in subparagraph (4)(a) and an account of the measures referred to in subparagraph (4)(b) as soon as reasonably practicable and in any event within twenty-four hours of the request.]
(5) Paragraph (1) shall not apply to a gathering which is not organised for a purpose mentioned in paragraph (3) but which arises for the purpose of enabling any person to avoid injury or illness or to escape a risk of harm, or to provide emergency or medical assistance to any person.
[F7(6) A person attending a funeral or responsible for organising or operating a funeral shall comply with the guidance on funerals issued by the Department of Health.
(7) Regulation 8 (offences and penalties) does not apply to a contravention of the requirement in paragraph (6).]
F8(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in reg. 5(1) substituted (25.8.2020 at 5.45 p.m.) by The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 2) Regulations (Northern Ireland) 2020 (S.R. 2020/187), regs. 1(2), 3(a)
F2Words in reg. 5(1) inserted (23.9.2020) by The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 5) Regulations (Northern Ireland) 2020 (S.R. 2020/202), regs. 1(2), 3(3)
F3Reg. 5(1A) inserted (12.11.2020 at 5.30 p.m.) by The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 13) Regulations (Northern Ireland) 2020 (S.R. 2020/250), regs. 1(2), 2(3)
F4Words in reg. 5(2) inserted (25.8.2020 at 5.45 p.m.) by The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 2) Regulations (Northern Ireland) 2020 (S.R. 2020/187), regs. 1(2), 3(b)
F5Reg. 5(3) substituted (9.8.2020 at 11.00 p.m.) by The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/170), regs. 1(2)(a), 4
F6Reg. 5(4A) inserted (23.9.2020) by The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 5) Regulations (Northern Ireland) 2020 (S.R. 2020/202), regs. 1(2), 3(4)
F7Reg. 5(6)(7) inserted (25.8.2020 at 5.45 p.m.) by The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 2) Regulations (Northern Ireland) 2020 (S.R. 2020/187), regs. 1(2), 3(c)
F8Reg. 5(8) omitted (16.10.2020 at 10.30 p.m.) by virtue of The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 9) Regulations (Northern Ireland) 2020 (S.R. 2020/224), regs. 1(2), 3(2)
Marginal Citations
M1S.R. 2000 No. 388