The Health Protection (Coronavirus, Restrictions) (Amendment No. 11) Regulations (Northern Ireland) 2020

Amendment of the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020

2.—(1) The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020(1) are amended as follows.

(2) In regulation 1(2), at the appropriate place, insert—

““sporting event” means an event in which individuals or teams compete against each other in accordance with an approved set of rules which serve to ensure fair competition and allow for the adjudication of a winner.”.

(3) In regulation 3(5) —

(a) in sub-paragraph (a), for “paragraphs 5, 6, 8 or 9”, substitute “paragraphs 6 or 9”;

(b) in sub-paragraph (c), for “paragraphs 5, 6, 7 or 9”, substitute “paragraphs 6, 7 or 9”;

(c) in sub-paragraph (d), for “paragraphs 17, 18 and 20” substitute “paragraph 18”.

(4) Omit regulation 4(1).

(5) In regulation 4(6) —

(a) for sub-paragraph (d), substitute—

“(d) to solemnise a marriage or conduct a baptism”;

(b) omit sub-paragraph (g);

(c) for sub-paragraph (i), substitute—

“(i) to hold religious services or meetings”.

(6) In regulation 5(2)—

(a) for sub-paragraph (b), substitute—

“(b) to take exercise or take part in a leisure activity”;

(b) in sub-paragraph (n), for “to attend or participate in a marriage ceremony, in accordance with regulation 4(6)(d) or attend a religious service or bible reading”, substitute “to attend a religious service or meeting”;

(c) for sub-paragraph (o), substitute “to take part in an outdoor activity”;

(d) for sub-paragraph (s), substitute —

“(s) to attend or participate in a marriage or civil partnership ceremony”;

(e) in sub-paragraph (aa), for “betting shop”, substitute “cinema, betting shop or bingo hall”;

(f) after sub-paragraph (cc), insert—

“(dd) to take part in, or assist with, a sporting event in an indoor or outdoor sports facility.”.

(7) In regulation 6—

(a) for paragraph (c), substitute—

“(c) to attend a funeral, wedding or civil partnership, religious service or meeting or a place of worship, in accordance with regulation 4(6)(f);”;

(b) for paragraph (e), substitute—

“(e) to visit a cinema or attend an outdoor live music concert or theatre performance”;

(c) after paragraph (j), insert—

“(k) to visit a bingo hall”;

(d) after paragraph (k), insert—

“(l) to take part in, or assist with, a sporting event.”.

(8) For regulation 6A, substitute—

“6A.   During the emergency period, no person may participate in an outdoor gathering of more than thirty people unless the gathering is for the purpose of—

(a) celebrating a marriage or civil partnership; or

(b) taking part in, or assisting with, a sporting event.”.

(9) For regulation 6B substitute—

“Requirement to wear a face covering on public transport

6B.— (1) Subject to paragraph (2), no person may, without a reasonable excuse, use a passenger transport service or passenger transport service premises without wearing a face covering.

(2) Paragraph (1) does not require the wearing of a face covering—

(a) on a school transport service;

(b) by a child who is under the age of 13;

(c) by a constable acting in the course of their duty;

(d) by an emergency responder (other than a constable) acting in their capacity as an emergency responder;

(e) by a person providing a passenger transport service, or an employee of that person, where there is a partition between the person or employee and members of the public; or

(f) on a ferry where the area is outdoors and a distance of two metres can be maintained between any persons on the ferry or the part of the ferry which is open to members of the public.

(3) For the purposes of paragraph (1)—

(a) a person uses a passenger transport service when—

(i) they are—

(aa) boarding any mode of transport by means of which a passenger transport service is provided, or

(bb) on board any mode of transport, whether or not for the purposes of travel, by means of which a passenger transport service is provided, and

(ii) that service is available for use by the public;

(b) a person uses passenger transport service premises when—

(i) they are present at premises where a passenger transport service may provide, stop or terminate their service, and

(ii) those premises are available for use by the public.

(4) For the purposes of paragraph (1), a reasonable excuse includes—

(a) the need to seek medical assistance;

(b) the need to provide care or assistance to a vulnerable person, including to provide emergency assistance;

(c) the need to avoid injury, illness or to escape a risk of harm;

(d) where the person cannot put on, wear or remove a face covering—

(i) because of any disability (within the meaning of the Disability Discrimination Act 1995(2)); or

(ii) without severe distress;

(e) the need to communicate with a person who has difficulties communicating (in relation to speech, language or otherwise);

(f) to eat or drink, where reasonably necessary;

(g) the need to take medication;

(h) the need to remove a face covering temporarily to comply with a request by a relevant person or another person acting in the course of their duties.

(5) In this regulation—

“face covering” means a covering of any type which covers a person’s nose and mouth;

“emergency responder” has the meaning given by section 153A(6) of the Inheritance Tax Act 1984(3);

“passenger transport service” means—

(a)

bus, coach and rail services delivered under a Public Service Agreement, Bus Service Permit or Cross-border Authorisation issued by the Department for Infrastructure (4) under section 1 of the Transport Act (Northern Ireland) 2011(5) or in accordance with Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on Common Rules for Access to the International Market for Coach and Bus Service(6);

(b)

ferry services operated in accordance with the Strangford Lough Ferry and Harbour Byelaws (Northern Ireland) 1988(7) or in pursuance of an agreement under Article 99 of the Roads (Northern Ireland) Order 1993(8);

(c)

services provided by community transport operators funded by the Department for Infrastructure under Part 5 of the Transport Act (Northern Ireland) 2011.

“passenger transport service premises” means off-road premises where a passenger transport service may stop or terminate, allowing passengers on and off.

“relevant person” has the meaning given by regulation 7(12)(b).

“school transport service” means any transport provided solely for the purpose of—

(a)

facilitating a person’s attendance at a school or other place at which they receive education or training; or

(b)

otherwise than for the reason in paragraph (a), carrying a person to and from the school or other place at which they receive education or training.”.

(10) In regulation 7—

(a) In paragraph 1, for “6A or 6B”, substitute “6A”;

(b) after paragraph (1), insert —

“1A.   A relevant person may take such action as is necessary to enforce any requirement imposed by regulation 6B and may, in particular—

(a) prevent a person who is not wearing a face covering, in contravention of the requirement in regulation 6B, from boarding the relevant vehicle;

(b) direct a person who is not wearing a face covering, in contravention of the requirement in regulation 6B, to wear such a covering;

(c) direct a person who is not wearing a face covering, in contravention of the requirement in regulation 6B, to disembark from the relevant vehicle; or

(d) remove a person who does not comply with a direction in sub-paragraph (b) or (c) from the relevant vehicle.”;

(c) in paragraph (4), for “paragraph (3)(b) to remove a person to the place where they are living”, substitute “paragraph (1A)(d) or 3(b)”;

(d) in paragraph (6), after “regulation 5(1)”, insert “or the requirement in regulation 6B” and for “that restriction”, substitute “that restriction or that requirement”;

(e) in paragraph (8), for “paragraph (3)”, substitute “paragraph (1A), (3)”;

(f) omit paragraph (9B);

(g) in paragraph (10), for “, (9A)(c) or (9B)(c)”, substitute “or (9A)(c)”;

(h) in paragraph (10A), for “6A or 6B”, substitute “or 6A”;

(i) in paragraphs (10C) and (11), omit “(9B)”.

(11) In regulation 8(3), for “regulation 7” where it first appears, substitute “regulation 6B or 7”.

(12) In Part 2 of Schedule 2—

(a) omit paragraphs 5 and 8;

(b) omit paragraph 17;

(c) in paragraph 18, omit “Indoor fitness studios, gyms,” and “amusement arcades”;

(d) in paragraph 18 omit “or other indoor leisure centres or facilities”;

(e) in paragraph 20, omit “Playgrounds,” and “ and outdoor gyms”; and

(f) in paragraph 20 omit “indoor sports courts”.

(1)

S.R. 2020 No. 55, as amended by S.R. 2020 Nos. 71, 82, 84, 86, 96, 103, 109, 118, 121 and 128.

(2)

1995 c. 50

(3)

1984 c.51

(4)

Formerly the Department for Regional Development; see 2016 c. 5 (N.I.), s. 1(6)

(5)

2011 c. 11 (N.I.)

(6)

OJ L 300, 14.11.2009, p. 88

(7)

S.R.1988 No.362

(8)

S.I. 1993/3160 (N.I. 15)