The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 6) Regulations (Northern Ireland) 2021

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

2021 No. 71

Public Health

The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 6) Regulations (Northern Ireland) 2021

Made

at 12.00 noon on 24th March 2021

Laid before the Assembly

at 2.00 p.m. on 24th March 2021

Coming into operation in accordance with Regulations 1(2) and 1(3)

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. 6) Regulations (Northern Ireland) 2021.

(2) These Regulations apart from Regulation 4 come into operation on 25 March 2021.

(3) Regulation 4 comes into operation on 1 April 2021.

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

2.  The Health Protection (Coronavirus, Restrictions) (No. 2) Regulations (Northern Ireland) 2020(3) are amended in accordance with these Regulations.

3.—(1) In Regulation 3, for “18 March” substitute “15 April”.

(2) In Regulation 5B(2) for “Subject to paragraph (4), a person” substitute “A person”.

(3) In Regulation 5B(3) for “Subject to paragraph (4), a person” substitute “A person”.

(4) In Regulation 5B omit paragraph (4).

(5) In Regulation 8(4)(a), for “regulation 4, 4E, or 5A(1)” substitute “Regulation 4, 4B, 4D, 4DA, 4DB, 4DC, 4DD, 4DE, 4E, or 5A(1)”.

(6) In Regulation 9(6)(a), for “regulation 4, 4E, or 5A(1)” substitute “Regulation 4, 4B, 4D, 4DA, 4DB, 4DC, 4DD, 4DE, 4E, or 5A(1)”.

(7) Omit Regulation 15.

4.—(1) In Regulation 4B(2)(a), after “electrical goods” insert “, or which is a garden centre or a plant nursery”.

(2) In Regulation 5B(3)(c), for “does not exceed two” substitute “does not exceed ten persons from no more than two households”.

(3) In Regulation 6(1), for “(2) to (5) a person shall not participate in an indoor or outdoor gathering in a private dwelling which consists of persons from—” substitute “(1A) to (5) a person shall not participate at a private dwelling in a gathering—”.

(4) In Regulation 6(1)(a), before “more than one household” insert “indoors which consists of”.

(5) For Regulation 6(1)(b) substitute “(b) outdoors which consists of more than six persons or persons from more than two households.”

(6) After Regulation 6(1) insert—

“(1A) Paragraph (1) does not apply to a gathering indoors or outdoors which consists of one household and its linked household, provided that such a gathering does not consist of more than 10 persons.”.

Sealed with the Official Seal of the Department of Health at 12.00 noon on 24 March 2021

(L.S.)

Robin Swann

Minister 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 as follows:

They amend to 18 April 2021 the date by which the regulations must be reviewed;

They remove a restriction on professional sporting leagues or competitions that had not commenced prior to 18 December 2020;

They remove a requirement that the Regulations expire on 31 March 2021;

They amend a drafting error in relation to the level of fines and fixed penalty notice for certain offences;

They provide that from 1 April 2021-

a garden centre or a plant nursery may operate a click and collect service;

up to 10 persons from 2 households may take part in outdoor exercise;

up to six persons from two households may gather outdoors at a private dwelling.

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.150 as amended by S.R. 2020 Nos. 170, 187, 195, 198, 202, 204, 210, 213, 224, 225, 232, 239, 250, 255, 256, 274, 287, 290, 323, 335, 343, 346, 352, 356, 358, and S.R. 2021 Nos. 3, 18, 27, 29 and 46.