The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 20) Regulations (Northern Ireland) 2020

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

2020 No. 335

Public Health

The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 20) Regulations (Northern Ireland) 2020

Made

at 7.00 p.m. on 16th December 2020

Laid before the Assembly

at 9.00 a.m. on 17th December 2020

Coming into operation in accordance with regulation 1(2)

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. 20) Regulations (Northern Ireland) 2020.

(2) These Regulations come into operation at the time and on the date they are made.

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(3) are amended in accordance with this regulation.

(2) In Regulation 3, after “21 August 2020” insert “, save that the sixth review of these Regulations shall be carried out on or before 14 January 2021 and subsequent reviews at least once every 28 days thereafter”.

(3) In paragraph 1 of schedule 2, at the appropriate place insert ““active period” means the period commencing at 00:01 on 11th December 2020;”.

(4) In paragraph 4(3) of schedule 2, for “fourteen days” substitute “ten days”.

(5) In the heading to paragraph 5 of Schedule 2, after “Restrictions on” insert “outdoor”.

(6) In paragraph 5 of Schedule 2, omit sub-paragraph (2), renumber the subsequent sub-paragraph accordingly and in that subparagraph, for “a sporting event” substitute “an outdoor sporting event”.

(7) In Schedule 2, renumber paragraph 7 as paragraph 6A.

(8) Before paragraph 8 of Schedule 2, insert—

“Restrictions on indoor sporting events

7.— (1) 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.

(2) A person shall not organise, operate or participate in an indoor sporting event which is attended by, or is expected to be attended by, more than 500 spectators.”

(9) After paragraph 8(5) of Schedule 2 insert—

“(6) Notwithstanding the provisions of any licence granted under Article 5 (1) (b) of the Licensing (NI) Order 1996(4), a person concerned in the organisation or operation of a supermarket is permitted to use any point of sale or checkout aisle for the purpose of the sale of intoxicating liquor for consumption off the premises during the period ending at 22.30 on 31 December 2020.”

Sealed with the Official Seal of the Department of Health at 7.00 pm on 16th December 2020

(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.

Regulation 2(2) amends the requirement for review of these Regulations.

Regulation 2(4) amends the period a person must wait before forming a new linked household.

Regulation 2(9) permits a supermarket to use any till or checkout aisle for intoxicating liquor off-sales.

The remaining provisions make technical amendments to the Regulations to permit the continued operation of business financial support schemes.

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 and 323

(4)

S.I. 1996 No. 3158 (N.I. 22)