The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 14) Regulations (Northern Ireland) 2020

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

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

(2) After regulation 6 insert—

“Enforcement officers and premises improvement notices

6A.— (1) “Enforcement officer” means a person designated by a district council for the purposes of these regulations.

(2) An enforcement officer may exercise the powers of a relevant person in relation to regulations 4A to 5.

(3) An enforcement officer may issue a notice (a “premises improvement notice”) to a person if the enforcement officer considers that—

(a) the person is not complying with any requirement or requirements imposed on the person by regulations 4A to 5, and

(b) the measures specified in the notice are necessary and proportionate in order to ensure that the person complies with the requirement or requirements.

(4) A premises improvement notice must—

(a) specify any premises to which it relates;

(b) specify the measures the enforcement officer requires a person to take in order to ensure that the person complies with any requirement or requirements of regulations 4A to 5; and

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

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

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

(b) other measures have been taken to ensure that regulations 4A to 5 are complied with at the premises in question.

(6) A premises improvement notice ceases to have effect at the time notice of the termination is issued.

(7) (a) A premises improvement notice or a termination of a premises improvement notice is issued to a person by giving a copy of it in writing to that person.

(b) But where a person responsible for carrying on a business or service on the premises to which the notice or termination relates is not on the premises when it is to be issued, the notice or termination is to be treated as having been issued to that person—

(i) if a copy of it is given to any other person on the premises who appears to be involved in the business or service in question, or

(ii) if there is no such person on the premises when the notice is to be issued, a copy of the notice is placed in a conspicuous position on the premises.

(8) 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.

(9) A notice or sign displayed under sub-paragraph (8)(a) must be at least A4 size.

(10) A person must not remove a notice or sign required to be displayed under sub-paragraph (8)(a) for as long as the notice has effect.”.

(3) In regulation 7(1) and in regulation 8(1) for “4 to 6” substitute “4 to 6A”.

(4) In regulation 8(3), after “fails to comply with a reasonable instruction” insert “, or fails to comply with an improvement notice given by an enforcement officer under regulation 6A”.

(5) After schedule 2 insert—

Regulation 6A

“SCHEDULE 3 Sign to be displayed with premises improvement notice

”

(1)

S.R. 2020 No.150 as amended by S.R. 2020 Nos. 170, 187, 195, 198, 202, 204, 210, 213, 224, 225, 232, 239 and 250