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The Health Protection (Coronavirus, Restrictions) (No. 2) Regulations (Northern Ireland) 2020 (revoked)

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Point in time view as at 27/11/2020.

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Regulation 4

[F1SCHEDULE 1] N.I.Businesses, services providers and premises subject to restrictions or closure

Textual Amendments

F21.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

[F32.—(1) Subject to sub-paragraph (2), a theatre or a concert hall.N.I.

(2) A person responsible for carrying on a business or providing a service or operating any premises identified in sub-paragraph (1) may do so if solely for the purpose of a rehearsal or of a live recording, in both cases without an audience.]

Textual Amendments

[F33.—(1) Nightclubs.N.I.

(2) Conference halls and conference facilities, including those in hotels.

F4(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Regulation 6

[F5SCHEDULE 2N.I.Restrictions in the emergency period and protected area

Textual Amendments

Interpretation and applicationN.I.

1.—(1) For the purposes of this schedule—

“active period” means the period [F6ending at 23:59 on Thursday [F710 December] 2020];

“close contact service” means—

(a)

hairdressing or barbering;

(b)

provision of beauty or aesthetics treatments including treatments in relation to nails or makeup;

(c)

tattooing;

(d)

tanning;

(e)

services in spas;

(f)

sports and massage therapy [F8(but not sports massage therapy)] [F9except if provided to an elite athlete];

(g)

well-being and holistic therapies;

(h)

dress fitting, tailoring and fashion design (unless social distance is maintained);

(i)

body piercing;

(j)

electrolysis;

(k)

training in any of the services listed at [F10(a) to (j)] (unless social distancing is maintained);

but not including any such service which is ancillary to a medical or health service or a social care service.

“elite athlete” has the meaning given in the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2020;

“linked household” has the meaning given in paragraph 4;

“social distance” means a distance of at least two metres between participants;

“sporting event” means a gathering for the purpose of exercise, competitive sport, recreational sport or sport training [F11, and dance of any type shall be deemed to be a form of exercise or sport for the purposes of this schedule];

that part of a private dwelling used for the purpose of a business operated by an occupier of the dwelling is not to be deemed part of the private dwelling when used as such.

(2) This schedule shall apply during the active period.

Textual Amendments

Revocation of restriction or requirementN.I.

2.  If the Department of Health considers at any time that any restriction or requirement imposed by this schedule is no longer necessary to prevent, protect against, control or provide a public health response to the incidence or spread of infection with the coronavirus, the Department must without delay revoke that restriction or requirement.

3.—(1) No person may, without a reasonable excuse, stay overnight at any place other than the place where they [F12normally live or where their linked household normally lives];N.I.

(2) For the purposes of (1), a reasonable excuse includes the need where reasonably necessary—

(a)to access medical or hospital services;

(b)to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living;

(c)to attend a funeral of a member of the person’s household, a close family member or a friend;

(d)to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

(e)to access critical public services, including social services, childcare or educational facilities (where these are available to a child in relation to whom that person is the parent, or has parental responsibility for, or care of the child);

(f)to access services provided to victims (such as victims of crime);

(g)in the case of a minister of religion or worship leader, to go to their place of worship;

(h)to move house where reasonably necessary;

(i)to avoid injury or illness or to escape a risk of harm.

(j)to stay elsewhere overnight if unable to return to their private dwelling due to an emergency.

(3) Unless [F13sub-paragraph (4)] applies—

(a)no person may participate in a gathering indoors in a private dwelling which consists of persons from more than one household;

(b)no person may participate in a gathering outdoors at a private dwelling which consists of more than six persons (not including children aged 12 or under) and which consists of persons from more than two households;

(4) This sub-paragraph applies where—

(a)all the persons in the gathering are members of two households which are linked households in relation to each other and the gathering consists of no more than ten persons; or

(b)the gathering is for the purpose of—

(i)childcare provided by a person registered in accordance with the Children (Northern Ireland) Order 1995 or any childcare provided free of charge;

(ii)building or maintenance works or the provision of the services of any trade or profession (but not a close contact service) at the private dwelling;

(iii)the provision of care or assistance, including social services, to a vulnerable person;

(iv)giving or receiving legal advice or assistance or fulfilling a legal obligation;

(v)the provision of emergency or medical assistance to any person;

(vi)a marriage or a civil partnership where a party to the marriage or civil partnership is seriously ill and death in consequence of that illness can reasonably be expected within six months of the date of the ceremony, provided that the gathering consists of no more than ten persons;

(vii)to move house and to undertake associated activities for that purpose, including viewing properties and making arrangements for removals; or

(viii)the removal of the remains of a deceased person to the private dwelling.

(5) For the purposes of this paragraph “private dwelling” shall include a static caravan [F14, privately owned holiday accommodation, a self-catering establishment and guest accommodation].

Textual Amendments

Linked householdsN.I.

4.—(1) A household (“the first household”) may choose to be linked with one other household (“the second household”), provided that—

(a)neither the first household nor the second household are linked with any other household for the purpose of these regulations, and

(b)all the adult members of each household agree.

(2) The first and second households are “linked households” in relation to each other.

(3) Once the first and second households have ceased being linked households, neither the first household nor the second household may be linked with any other household unless it is reasonable to do so for caring or welfare purposes and provided that at least fourteen days has expired since the household ceased to be a part of a previous linked household.

Restrictions on sporting eventsN.I.

5.—(1) A person shall not organise, operate or participate in an indoor or outdoor sporting event.

(2) Sub-paragraph (1) [F15and paragraph 7] shall not prohibit or prevent a person from organising, operating or participating in—

(a)an indoor sporting event if all participants are elite athletes;

F16(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)an outdoor sporting event, provided all participants are elite athletes; F17...

[F18(d)outdoor exercise if the participants are one individual or are members of one household] [F19; or

(e)Physical education delivered by schools, pre-schools and other education providers.]

[F20(3) A person must not attend a sporting event as a spectator.]

Textual Amendments

Restrictions on other gatheringsN.I.

6.—(1) This paragraph shall not apply to a gathering in a private dwelling.

(2) A person shall not organise, operate or participate in an indoor or outdoor gathering which consists of more than fifteen persons, except as permitted by paragraph 5 or [F21subparagraphs (3) to (9)].

(3) Sub-paragraph (2) shall not prohibit or prevent a person from organising, operating or participating in a gathering in a workplace, when it is not reasonably practicable for the duties of any person participating in the gathering to be carried out at that person’s private dwelling (and for the avoidance of doubt, regulation 5 shall continue to apply to such a gathering).

(4) Sub-paragraph (2) shall not prohibit or prevent a person from organising, operating or participating in a gathering 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.

(5) Sub-paragraph (2) shall not apply to a gathering for the purpose of solemnising a marriage or forming a civil partnership (see paragraph 10(1)).

(6) Sub-paragraph (2) shall not apply to a gathering for the purpose of a funeral or the committal of a body (see paragraph 11).

F22(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F23(8) Sub-paragraph (2) shall not prohibit or prevent a person from organising, operating or participating in a gathering for the purpose of education or training (and for the avoidance of doubt, regulation 5 shall continue to apply to such a gathering).

(9) Sub-paragraph (2) shall not prohibit or prevent a person from organising, operating or participating in a gathering which is a blood donation session (and for the avoidance of doubt, regulation 5 shall continue to apply to such a gathering).]

Textual Amendments

Businesses subject to closureN.I.

7.—(1) A person responsible for carrying on a business or providing a service to which this paragraph applies—

(a)must cease to carry on that business or provide that service, and

(b)must close the premises or part of a premises in which or from which that business or service is carried on or provided.

(2) This paragraph apples to—

[F24(a)a close contact service;

(b)driving instruction for the test of competence to drive a vehicle other than a motorcycle established by Article 5 of the Road Traffic (Northern Ireland) Order 1981]

(c)campsites and caravan parks for touring caravans;

(d)museums and galleries;

(e)bingo halls;

(f)cinemas [F25;]

(g)funfairs (whether outdoors or indoors) and an inflatable park;

(h)indoor amusement arcades;

(i)skating rinks;

(j)indoor visitor attractions;

(k)a business of providing facilities for persons to consume intoxicating liquor in or on a conveyance;

(l)a bed and breakfast establishment, hotel [F26, bunkhouse, hostel] [F27, guest accommodation, self-catering establishment] or guest house except in relation to residents who are—

(i)already resident on the date this schedule comes into operation;

(ii)resident for work-related purposes;

(iii)vulnerable people; or

(iv)unable to return to their private dwelling due to an emergency.

[F28(m)swimming and diving pools;

(n)indoor sports and exercise facilities, including soft play areas, leisure centres, gyms, equestrian centres, venues relating to motor sport and activity centres;

(o)outdoor sports and exercise facilities including activity centres, equestrian centres, marinas, and venues relating to motor sport and water sport;

(p)outdoor visitor attractions, with the exception of play areas, public parks, forest and country parks, and outdoor areas of stately homes, historic homes, castles and properties operated by the National Trust.]

[F29(3) Sub-paragraph (2)(c) shall not prevent or prohibit a person using a caravan in, or the facilities of, a caravan park for touring caravans in the event of an emergency [F30, and in this paragraph “caravan” shall include any motor vehicle designed or adapted for human habitation].]

F31[F32(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A) Sub-paragraph (2) shall not prohibit or prevent a sporting event which complies with the requirements of paragraph 5.]

(5) In this paragraph “bunkhouse”, “guest accommodation”, “hostel” and “self-catering establishment” shall mean the premises of any establishment allocated by a certificate under Article 13 of the Tourism (Northern Ireland) Order 1992.

Textual Amendments

Close contact servicesN.I.

[F337A.—(1) A person responsible for carrying on a retail business, which is not wholly or mainly a retail business listed in sub-paragraph (2), of offering goods for sale or for hire or providing a service must, until the end of the active period—

(a)cease to carry on that business or provide that service except by making deliveries or otherwise providing goods or services by appointment in response to requests received by on-line communication, by telephone, by text message or by post (provided that no person attends within the premises of the business to collect goods or avail of a service);

(b)close any premises which are not required to carry out its business or provide its services as permitted by head (a); and

(c)cease to admit any person to its premises who is not required to carry on its business or provide its service as permitted by head (a).

(2) The businesses referred to in sub-paragraph (1) are—

(a)Food retailers,

(b)Supermarkets, convenience stores and corner shops,

(c)Off licences and licensed shops selling alcohol (including breweries),

(d)Pharmacies (including non-dispensing pharmacies) and chemists,

(e)Newsagents,

(f)Homeware stores, building supplies businesses and hardware stores,

(g)Petrol stations,

(h)Bicycle shops,

(i)Pet shops,

(j)Agricultural supplies shops,

(k)Storage and distribution facilities, including delivery drop off or collection points, where the facilities are in the premises of a business included in this sub-paragraph,

(l)Garden centres and ornamental plant nurseries and Christmas tree sales (but not cafes or restaurants in such premises),

(m)Livestock markets,

(n)Motor vehicle repair and MOT services,

(o)Taxi or vehicle hire businesses,

(p)Banks, building societies, credit unions, short term loan providers and cash points savings clubs and undertakings which by way of business operate currency exchange offices, transmit money (or any representation of money) by any means or cash cheques which are made payable to customers,

(q)Post offices,

(r)Funeral directors,

(s)Laundrettes and dry cleaners,

(t)Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths and other medical or health services, including services relating to mental health,

(u)Veterinary surgeons,

(v)Car parks,

(w)Public toilets.]

Textual Amendments

Restrictions on the hospitality sectorN.I.

8.—(1) [F34A person responsible for carrying on a business or a members’ club which sells or provides food or drink (including intoxicating liquor) for consumption on the premises] —

(a)must close any premises, or part of premises, in which food or drink (including intoxicating liquor) are consumed on the premises;

(b)must not sell or provide food or drink (including intoxicating liquor) for consumption on its premises; and

(c)may sell or provide food or drink (not including intoxicating liquor) for consumption off the premises in response to orders placed between the hours of 05:00 and 23:00.

F35(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A person responsible for carrying on a business which sells food or drink (not including intoxicating liquor) for consumption off the premises may continue to do so only in response to orders placed between the hours of 05:00 and 23:00.

(3) (a) A person responsible for carrying on a business which sells [F36or provides] intoxicating liquor for consumption off the premises (but not a bar, including a bar in a members’ club, or a public house [F37during the period ending at 23:59 on 19 November 2020]) may continue to do so only from 08:00 on Monday to Saturday, and from 10:00 on Sunday, until 20:00 on any day, or in response to orders placed between those hours;

(b)Head (a) shall not apply in an airport.

[F38(c)A person referred to in head (a) may sell or provide, or permit the sale or provision of, intoxicating liquor in accordance with this sub-paragraph only in a manufacturer’s original sealed packaging.]

(4) (a) For the purposes of sub-paragraph (1), food or drink (not including intoxicating liquor) sold by a hotel or a guesthouse as part of a service for residents, whether or not in a restaurant on the premises, is not to be treated as being sold for consumption, or as consumed, on its premises; and

(b)sub-paragraph (1) shall not prevent or prohibit the sale of intoxicating liquor by a hotel or a guesthouse as part of a service for a resident, or the consumption of intoxicating liquor on the premises, provided that the intoxicating liquor is—

(i)consumed only by the resident;

(ii)consumed only within the resident’s accommodation and

(iii)is not delivered to the accommodation in response to an order placed by the resident.

(5) For the purposes of sub-paragraph (1), food or drink (not including intoxicating liquor) sold or provided [F39on a ferry crossing which lasts or is expected to last three hours or more,] in a canteen in a workplace, school, prison, hospital, care home or military establishment is not to be treated as being sold for consumption, or as consumed, on its premises.

(6) For the purposes of sub-paragraph (1), food or drink (including intoxicating liquor) sold or provided in a port, airport or motorway service station F40... is not to be treated as being sold for consumption, or as consumed, on the premises.

(7) For the purposes of sub-paragraph (1), an area adjacent to the premises where seating [F41, tables or other facilities are made available] for customers of the business or members’ club (whether or not by the business or members’ club) is to be treated as part of the premises.

Textual Amendments

Wearing of a face covering in a place of worshipN.I.

9.—(1) A person (other than a person leading a service) entering or leaving a place of worship, or being within a place of worship but not at a seat, must, unless there is a reasonable excuse, wear a face covering while doing so.

(2) Sub-paragraph (1) shall not apply to a couple at a ceremony to solemnise their marriage or to form their civil partnership.

(3) In this paragraph “face covering” means a covering of any type which covers a person’s nose and mouth and “reasonable excuse” has the meaning given in regulation 5 of the Health Protection (Coronavirus, Wearing of Face Coverings) Regulations (Northern Ireland) 2020.

[F429A.  Places of worship

(1) A person responsible for premises which are a place of worship must close those premises and cease to admit any person to the premises except as permitted by sub-paragraph (3) to (6) or paragraphs 10 or 11;

(2) A person responsible for premises which are used as a place of worship from time to time must not permit the use of those premises for acts of worship except as permitted by sub-paragraph (3) to (5) or paragraphs 10 or 11;

(3) A person may attend premises mentioned in sub-paragraph (1) or (2) for the purpose of an individual act of worship;

(4) A person may attend premises mentioned in sub-paragraph (1) or (2) for the purpose of recording or live streaming an act of worship provided that no more than [F43eight persons] are in the premises;

(5) A person may attend premises mentioned in subparagraph (1) or (2) for the purposes of an act of worship conducted so that worshippers remain within their vehicles;

(6) A person may attend premises mentioned in subparagraph (1) for the purposes of providing an essential voluntary service, an urgent public support service, support for the vulnerable or homeless, blood donation sessions or support in an emergency.]

Textual Amendments

Marriages and civil partnershipsN.I.

10.—(1) A person shall not organise, operate or participate in a gathering of more than 25 persons for the purpose of solemnising a marriage or forming a civil partnership and which occurs on or after 19th October 2020.

F44(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Funerals and committalsN.I.

11.  A person shall not organise, operate or participate in a gathering of more than 25 persons for the purpose of a funeral or the committal of a body

Restrictions on librariesN.I.

12.—(1) A person responsible for providing the service of a library must cease to provide that service, subject to subparagraph (2).

(2) Subparagraph (1) does not prevent the person responsible for providing the service of a library from doing so—

(a)in response to orders or requests received through a website or other on-line communication, or by telephone including by text message, or

(b)to visitors who enter the premises of the library only to collect items ordered or requested in accordance with head (a) or to use the facilities of the library to access the internet.]

Regulation 6A

[F45SCHEDULE 3N.I.Sign to be displayed with premises improvement notice

Textual Amendments

 ]

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