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The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021

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Point in time view as at 29/11/2021.

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There are currently no known outstanding effects for the The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021, PART 5A. Help about Changes to Legislation

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[F1PART 5AN.I.REQUIREMENTS: ENTRY AND PRESENCE ON PREMISES ETC

Textual Amendments

Interpretation of this PartN.I.

16A.—(1) For the purposes of this Part, where two or more events are taking place at the same place and at the same time, those events are to be treated as a single event unless those attending one event are, at all times, unable to make physical contact with those attending any other event.

(2) Where two or more events are treated as a single event in accordance with paragraph (1) a person responsible for any one event is also a person responsible for that single event.

Qualifying individualN.I.

16B.—(1) A “qualifying individual” may attend a relevant event or enter and remain on relevant premises.

(2) A qualifying individual is an individual who can evidence their Covid status in accordance with regulation 16C.

(3) A person (P) commits an offence if they use, make, adapt, supply or offer to supply to another person false or misleading evidence of Covid status which P knows is false or misleading.

Supporting evidenceN.I.

16C.—(1) A person (P) may provide evidence of their Covid status through—

(a)certification in paper or electronic form that P has completed a course of doses of an authorised vaccine with the final dose having been received at least 14 days before the relevant time;

(b)certification by text or email through the NHS Covid-19 reporting app of a negative result of a COVID-19 Rapid Antigen Test or a negative result of an on-site COVID-19 Rapid Antigen Test, in each case taken within 48 hours before the relevant time

(c)a valid notification of a positive result of a COVID-19 polymerase chain reaction test taken no earlier than 30 days, and no later than 180 days, before the relevant time;

(d)confirmation in writing of their participation (current or past) in a clinical trial for vaccination against coronavirus from the organiser of that trial;

(e)evidence provided through the Northern Ireland Covid Certification process for medical exemption, or an equivalent process in P’s place of residence if P is not resident in Northern Ireland, of a clinical reason for not being vaccinated with any authorised vaccine.

(2) Evidence referred to in this regulation must include or be accompanied by a document confirming P’s identity which contains P’s name as stated on the evidence provided, and a photograph of P

(3) In this Part—

(a)“Valid notification” means a notification containing the following information—

(i)that P is the person from who the test sample was taken,

(ii)P’s age or date of birth,

(iii)the result of the test sample which is positive for coronavirus,

(iv)the date on which the test sample was tested by the test provider, and

(v)a statement that the test was a COVID-19 polymerase chain reaction test;

(b)“relevant time” means the time when the qualifying individual seeks to enter relevant premises or attend a relevant event; and

(c)“authorised vaccine” and “clinical trial” have the meanings given in schedule 2B of the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021 (2021 No.99).

Event subject to this PartN.I.

16D.—(1) This Part applies to the following “relevant events”—

(a)an event that consists or is expected to consist of more than 10,000 people, including attendees, staff, performers and persons responsible for the event, at any one time;

(b)an event that—

(i)will take place wholly or mainly indoors,

(ii)consists of or is expected to consist of 500 or more people, including attendees, staff, performers and persons responsible for the event, at any one time, and

(iii)where not all of the attendees will be seated;

(c)an event that—

(i)will take place wholly or mainly outdoors,

(ii)consists of or is expected to consist of 4,000 or more people, including attendees, staff, performers and persons responsible for the event, at any one time, and

(iii)where not all of the attendees will be seated.

(2) This Part does not apply to an exempt event listed in Schedule 2A.

(3) For the purposes of this Part attendees will be treated as seated if they are temporarily standing for the purposes of entering or exiting the premises, accessing a table, making a payment, placing an order for food or drink, accessing a buffet or carvery, access and using a toilet, baby changing or breast feeding facilities or a smoking area, play a gaming machine, or playing a game such as pool, snooker or darts.

Premises subject to this PartN.I.

16E.  This Part applies to the following “relevant premises”—

(a)Premises which sell or provide intoxicating liquor for consumption on the premises (whether indoor or outdoor) and premises (whether indoor or outdoor) to which the public have access and where consumption of intoxicating liquor is permitted but not

(i)such premises at a port or airport;

(ii)the cross-border inter-city rail service between Dublin and Belfast (“the Enterprise”); or

(iii)a place of worship during a service;

(iv)premises of educational establishments other than those parts of the premises where intoxicating liquor may be consumed on the premises; or

(v)premises, or parts thereof, being used solely for the purposes of blood donation at the time when they are being so used;

(b)theatres;

(c)concert halls;

(d)cinemas;

(e)indoor premises, other than private dwellings when used for the purpose of a performance, recording or rehearsal;

(f)premises used for the purposes of a conference or exhibition; and

(g)premises hosting a relevant event (other than an exempt event listed in Schedule 2A).

Requirements: entry to premises and attendance at eventsN.I.

16F.—(1) This regulation applies to all relevant events (other than an exempt event listed in Schedule 2A) and all relevant premises.

(2) The person (P) responsible for relevant premises or a relevant event must take reasonable steps to ensure that only a person who is referred to in paragraph (4) is permitted to enter or remain on relevant premises or enter or remain at a relevant event.

(3) P must ensure that there is in operation a reasonable system for—

(a)checking as soon as is reasonably practicable that a person on relevant premises or at a relevant event is a person referred to in paragraph (4), and

(b)removing from, or refusing access to, those premises or that event anyone found by those checks not to be such a person.

(4) Those persons are—

(a)a qualifying individual;

(b)a relevant officer;

(c)an emergency service responder;

(d)a person employed at, or responsible for, at the relevant premises or relevant event;

(e)in tourist accommodation, a resident, except when the resident is in a part of the tourist accommodation to which the public have access and in which intoxicating liquor may be consumed;

(f)a person under the age of 18 years;

(g)a person providing services in a relevant place at a time when no member of the public is in attendance at that place; or

(h)a person carrying out a public service function or essential repairs or maintenance at the relevant premises or relevant event.

(5) In preparing a reasonable system for the purposes of paragraph (3), P must have regard to any guidance issued by the Department of Health or any other government department.

(6) The requirement to have a system in place for the purposes of this regulation includes a requirement to process any personal data necessary for the system to operate.

Requirements: written statementN.I.

16G.—(1) A person (P) who is subject to a requirement under regulation 16F must keep a written statement describing the system referred to in regulation 16F(3).

(2) P must retain the statement referred to in paragraph (1) while these Regulations are in force, and for a further period of three months starting with the day after that on which these Regulations cease to have effect and produce the statement—

(a)immediately when P receives notice of a requirement imposed under regulation 20(1) from a relevant officer, and

(b)during the course of an inspection carried out under that regulation.]

Requirement in relation to social distancingN.I.

F217.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Enforcement Officers and Premises Improvement NoticesN.I.

18.—(1) A district council may designate a person as an enforcement officer for the purposes of these Regulations.

(2) An enforcement officer may exercise the powers of a constable in relation to regulations [F34] to 8 [F3,15,16, 16B and 16E to 16G].

(3) An enforcement officer may issue a notice (a “premises improvement notice”) to a person (P) responsible for carrying on a business at, or providing services from, the premises to which the notice relates if the enforcement officer considers that—

(a)P is not complying with a requirement imposed on P under regulations [F44] to 8 [F4,15,16, 16B and 16E to 16G]; and

(b)the measures specified in the notice are [F5reasonably] necessary and proportionate in order to ensure that P does so comply.

(4) A premises improvement notice must specify the—

(a)premises to which it relates;

(b)measures the enforcement officer [F6reasonably] requires P to take in order to ensure that P complies with a requirement under regulations [F74] to 8 [F7,15,16, 16B and 16E to 16G]; and

(c)time limit, which must not be less than 48 hours beginning with the time the notice is issued, within which the measures must be taken.

(5) An enforcement officer must issue a notice terminating a premises improvement notice (a “termination notice”) if satisfied that—

(a)the measures specified in the premises improvement notice have been taken; or

(b)other measures have been taken to [F8reasonably] ensure that regulations [F94] to 8 [F9,15,16, 16B and 16E to 16G] are complied with.

(6) A premises improvement notice ceases to have effect upon the issue of a termination notice.

(7) A premises improvement notice or a termination notice is issued by giving P a written copy of it.

(8) Where P is not on the premises to which a notice relates when it is to be issued, the notice is to be treated as having been issued to P—

(a)if a written copy of it is given to another person on the premises who appears to be involved in the business or service in question; or

(b)if there is no such person on the premises at that time, a written copy of the notice is placed in a conspicuous position on or at the premises.

(9) As soon as reasonably practicable after issuing a premises improvement notice, the enforcement officer must—

(a)display a copy of the notice, and a sign in the form set out in Schedule 3, in a prominent place near every entrance to the premises; and

(b)arrange for the notice to be published on the website of the district council for the local government district in which the premises are located.

(10) A notice or sign referred to in sub-paragraph (9)(a) must be at least A4 size.

(11) A person must not remove a notice or sign required to be displayed under paragraph (9)(a) for as long as it has effect.

Textual Amendments

Linked HouseholdsN.I.

F1019.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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