The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 22) Regulations (Northern Ireland) 2020

Regulations made by the Department of Health and laid before the Assembly under section 25Q (Emergency procedure) of the Public Health Act (Northern Ireland) 1967, for approval of the Assembly before the expiration of 28 days beginning with the day on which they are made.

Statutory Rules of Northern Ireland

2020 No. 346

Public Health

The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 22) Regulations (Northern Ireland) 2020

Made

at 7.00 p.m. on 18th December 2020

Laid before the Assembly

at 9.00 a.m. on 21st December 2020

Coming into operation in accordance with Regulation 1(2)

The Department of Health(1), makes the following Regulations in exercise of the powers conferred by sections 25C(1), (3)(c), (4)(d) and 25F(2) of the Public Health Act (Northern Ireland) 1967(2).

These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Northern Ireland.

The Department of Health considers that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.

In accordance with section 25Q of that Act the Department of Health is of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft having been laid before, and approved by a resolution of, the Assembly.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 22) Regulations (Northern Ireland) 2020.

(2) These Regulations come into operation at the time and on the date they are made.

Amendment of the Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 18) Regulations (Northern Ireland) 2020

2.—(1) The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No.18) Regulations (Northern Ireland) 2020 (3) are amended in accordance with this Regulation.

(2) In the introductory text, for “0.00 pm on 17th December 2020” substitute “7.00 pm on 17th December 2020”.

(3) In Regulation 1(2), for “at the time and date they are made’ substitute “on 28 November 2020”.

Amendment of the Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 21) Regulations (Northern Ireland) 2020

3.—(1) The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 21) Regulations (Northern Ireland) 2020(4) are amended in accordance with this Regulation.

(2) In Regulation 5, for “Regulation 6” substitute “paragraph 6 of Schedule 2”.

(3) In Regulation 6 and in Regulation 7, for “Regulation 6(2)” substitute “paragraph 6(2) of Schedule 2”.

Amendment of the Health Protection (Coronavirus, Restrictions) (No. 2) Regulations (Northern Ireland) 2020

4.—(1) The Health Protection (Coronavirus, Restrictions) (No. 2) Regulations (Northern Ireland) 2020(5).are amended in accordance with this Regulation.

(2) After Regulation 5(8) insert—

“(9) In the period commencing at 00:01 on 23 December 2020 and ending at 23:59 on 27 December 2020 paragraph (1) shall not apply to a gathering which is a Christmas linked household (see paragraph 4 of Schedule 2).”

(3) In Regulation 6, for paragraph (1) substitute—

“(1) Subject to paragraphs (3) to (6) a person shall not participate in an outdoor gathering in 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) In Regulation 6, for paragraph (2) substitute—

“(2) Subject to paragraphs (3) to (6), a person shall not participate in an indoor gathering in a private dwelling which consists of persons from more than one household.”.

(5) After Regulation 6(3) insert—

“(3A) In the period commencing at 00:01 on 23 December 2020 and ending at 23:59 on 27 December 2020 paragraphs (1) and (2) shall not apply to a gathering which is a Christmas linked household (see paragraph 4 of Schedule 2), provided that if the gathering is outdoors it consists of no more than six persons.”.

(6) For Regulation 6(4) substitute—

“(4) Paragraphs (1) and (2) do not apply where the gathering is for the purpose of—

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

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

(c) building or maintenance works or the provision of the services of any trade or profession at the private dwelling;

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

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

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

(g) the fulfilment of a legal obligation.”.

(7) After Regulation 6(4) insert—

“(4A) Paragraphs (1) and (2) do not apply where all the persons in the gathering are members of two households which are linked households in relation to each other and the gathering (if outdoors) consists of no more than ten persons.”.

(8) In paragraph 3(2) of Schedule 1, after “including those in hotels” insert “,except when used for the delivery of hearings of Courts, Tribunals and Appeals Services, and for the administrative support of these services”.

(9) After paragraph 3(2) of Schedule 2 insert—

“(2A) In the period commencing at 00:01 on 23 December 2020 and ending at 23:59 on 27 December 2020, sub-paragraph (1) shall not apply to a person who stays overnight at the private dwelling of a member of that person’s Christmas linked household.”.

(10) Omit sub-paragraphs (3) and (4) of paragraph 3 of Schedule 2 and renumber the subsequent sub-paragraph accordingly.

(11) In paragraph 4 of Schedule 2, after sub-paragraph (3) insert—

“(4) In the period commencing at 00:01 on 23 December 2020 and ending at 23:59 on 27 December 2020 three households not including a linked household, or two households and one linked household, may choose to be linked with one another to form a “Christmas linked household” provided that—

(a) none of the households concerned is already part of a Christmas linked household, and

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

Sealed with the Official Seal of the Department of Health at 7.00 pm on 18th December 2020

(L.S.)

Dr Lourda Geoghegan

A senior officer of the Department of Health

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Coronavirus, Restrictions) (No. 2) Regulations (Northern Ireland) 2020, the Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 18) Regulations (Northern Ireland) 2020 and the Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 21) Regulations (Northern Ireland) 2020.

Regulation 4 provides for extended linked households at Christmas and for use of conference facilities by courts and tribunals.

The remaining provisions correct errors in those Regulations.

No regulatory impact assessment has been prepared for these Regulations.

(1)

Formerly the Department of Health, Social Services and Public Safety; see 2016 c. 5 (N.I.), s. 1(5)

(2)

1967 c. 36 (N.I.). Part 1A was inserted by section 48 of, and Schedule 18 to, the Coronavirus Act 2020 (c. 7)

(3)

S.R. 2020 No.290

(4)

S.R. 2020 No. 343

(5)

S.R. 2020 No. 150