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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Point in time view as at 11/12/2020.

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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—

F6...

“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 [F7(but not sports massage therapy)] [F8except 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 [F9(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 [F10, 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.

F11(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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][F13, except where the overnight stay is in a bed and breakfast establishment, hotel, bunkhouse, hostel, guest accommodation, self-catering establishment or guest house];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 [F14sub-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 F15... 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 [F16, 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 [F17outdoor sporting event in which the participants are competitors representing more than one school].

[F18(2) A person may organise, operate or participate in an indoor sporting event only if all participants are—

(a)elite athletes;

(b)an individual and that individual’s coach or trainer;

(c)an individual and that individual’s carer or carers;

(d)taking part in physical education delivered by or for schools, pre-schools and other education providers provided that participants do not include competitors representing more than one school; or

(e)taking part in non-contact, non-aerobic activity in a gathering of 15 persons or less.]

[F19(3) A person shall not organise, operate or participate in a sporting event which is attended by, or is expected to be attended by, more than 500 spectators.]

Textual Amendments

Restrictions on other gatheringsN.I.

6.—(1) This paragraph shall not apply to a gathering in a private dwelling [F20or to a group act of worship in a place of worship].

(2) A person shall not organise, operate or participate in an indoor F21... gathering which consists of more than fifteen persons, except as permitted by paragraph 5 or [F22subparagraphs (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 ([F23and for the avoidance of doubt, regulation 5 shall continue to apply to such a gathering]).

(6) Sub-paragraph (2) shall not apply to a gathering for the purpose of a funeral or the committal of a body ([F24and for the avoidance of doubt, regulation 5 shall continue to apply to such a gathering]).

F25(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26(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 [F27or a vaccination session] (and for the avoidance of doubt, regulation 5 shall continue to apply to such a gathering).]

Textual Amendments

[F28Close contact servicesN.I.

7.—(1) This paragraph applies to a close contact service or 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.

(2) A service referred to in sub-paragraph (1) may be provided only to a client who has booked an appointment in advance online or by post, telephone, or text.

(3) A person providing a service referred to in sub-paragraph (1) to a client must—

(a)(where client information is not provided in advance) obtain client information at the time of provision of the service;

(b)record client information in a filing system (which may be an electronic system) suitable for recording, storing and retrieving the information;

(c)retain client information for a period of 21 days beginning with the date on which the service was provided;

(d)destroy client information as soon as reasonably practicable after the expiry of the period in head (c) unless there is another basis outside these regulations on which the details may lawfully be retained.

(4) A person who provides a service referred to in sub-paragraph (1) must provide client information to a relevant person as soon as reasonably practicable but in any event within 24 hours of a request, if so requested by that person for the purpose of—

(a)preventing a threat to public health resulting from the spread of infection or contamination with coronavirus; and

(b)monitoring the spread of infection or contamination with coronavirus or the incidence of coronavirus disease.

(5) In this paragraph “client information” means—

(a)the name and telephone number of the client and of any person aged 16 and above accompanying the client; and

(b)the date and start time of provision of the service.

(6) This paragraph shall not apply to a close contact service for the purpose of film or television production.]

Textual Amendments

Close contact servicesN.I.

F297A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Restrictions on the hospitality sectorN.I.

8.—[F30(1) (a) A person responsible for operating or carrying on a business of a bar, including a bar in a hotel, a public house or a club registered in accordance with the Registration of Clubs (Northern Ireland) Order 1996 may sell or provide intoxicating liquor only if the intoxicating liquor is served with food and the food must be a main table meal.

(b)For the purposes of head (a), a “main table meal” means a meal which is in its entirety, or which includes, a main course, which is prepared in a static and permanent kitchen on the premises of the bar, hotel, pub or club and which is eaten by a person seated at a table.]

F31(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 [F32or provides] intoxicating liquor for consumption off the premises F33... may continue to do so only from 08:00 on Monday to Saturday, and from 10:00 on Sunday, until [F3422:30] on any day, or in response to orders placed between those hours;

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

[F35(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.]

[F36(4) A person must not operate a business of providing facilities for persons to consume intoxicating liquor in or on a conveyance.]

F37(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F38(5)] For the purposes of sub-paragraph (1), an area adjacent to the premises where seating[F39, 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

F38Sch. 2 para. 8(5): Sch. 2 para. 8(7) renumbered as Sch. 2 para. 8(5) (11.12.2020 at 00:01) by virtue of The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 19) Regulations (Northern Ireland) 2020 (S.R. 2020/323), regs. 1(2), 2(28)

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 F40... , 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.

Textual Amendments

Places of worshipN.I.

F419A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marriages and civil partnershipsN.I.

F4210.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Funerals and committalsN.I.

F4311.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Restrictions on librariesN.I.

F4412.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Regulation 6A

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

Textual Amendments

 ]

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