The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment No. 17) Regulations (Northern Ireland) 2021

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 expiration of 28 days beginning with the day on which they are made.

Statutory Rules of Northern Ireland

2021 No. 283

Public Health

The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment No. 17) Regulations (Northern Ireland) 2021

Made

at 3.00 p.m. on 11th October 2021

Laid before the Assembly

at 4.00 p.m. on 11th October 2021

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(SARA-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 and commencement

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment No. 17) Regulations (Northern Ireland) 2021.

(2) This regulation and regulations 2 and 15 come into operation at the time these Regulations are made. The remaining regulations come into operation on 14th October 2021.

Amendment of the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021

2.  The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021(3) are amended in accordance with Regulations 3 to 15.

3.  Omit Regulation 4(2)(b).

4.  In Regulation 4(2)(e) for “seated” substitute “accommodated”.

5.  In Regulation 4(2)(g) for “seated” substitute “accommodated”.

6.  In Regulation 4(2)(i) after “(Visitor and Attendee Information)” insert “, or in the case of an indoor gathering which meets the requirements in paragraph (2A), comply with the duty in regulation 15A”.

7.  In Regulation 4(2)(j) omit “seated”.

8.  After Regulation 4(2) insert —

“(2A) The requirements referred to in paragraph (2)(i) are –

(a) the gathering has a scheduled start time, in advance of which all attendees at the gathering are expected to arrive; and

(b) the gathering is one for which visitors and attendees have obtained tickets in advance of the start time.”

9.  For “; and” at the end of regulation 6(a) substitute a full stop.

10.  Omit Regulation 6(b).

11.  Omit Regulations 12(1), 12(3), 12(4), 12(5) and 12(7).

12.  In Regulation 12(6) after “associated with a funeral” insert “at a private dwelling”.

13.  In Regulation 15(1)(d) after “applies” insert “, other than when a gathering meeting the conditions in Regulation 4(2A) is taking place (see Regulation 15A)”.

14.  After Regulation 15 insert —

“15A.— (1) This regulation applies to a person responsible for organising a gathering in premises to which Regulation 4 applies and which meets the conditions in Regulation 4(2A).

(2) A person to whom this regulation applies must —

(a) where visitor or attendee information is not provided in advance, obtain that information at the time of the visit or attendance;

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

(c) retain that information for a period of 21 days beginning with the date on which the visit or attendance took place; and

(d) destroy that information as soon as reasonably practicable after the expiry of that period unless there is some other lawful basis for its retention.

(3) A person to whom this regulation applies must provide visitor and attendee information to a relevant officer as soon as reasonably practicable and, in any event, within 24 hours of a relevant officer requesting it for the purpose of –

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

(b) monitoring its spread and incidence.

(5) “visitor and attendee information” means–

(a) the name and telephone number of each visitor and attendee over the age of 16, or the name and telephone number of a person P who obtained the ticket for that visitor, provided P is present at the gathering with that visitor or attendee;

(b) the date of their visit or attendance; and

(c) the name and start time of the gathering which they are attending.”

15.  In Regulation 31(1) for “12 October 2021” substitute “24 March 2022”.

Sealed with the Official Seal of the Department of Health at 3.00 pm on 11^th October 2021

(L.S.)

Kieran McAteer

A senior officer of the Department of Health

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 to remove the limit on the number of people who can attend an indoor gathering at a private dwelling, provided it is not a large house party or rave, remove the maximum number who can stay overnight at tourist accommodation and remove the requirement to be seated at an indoor performance, recording or rehearsal. It also amends the requirements for Visitor and Attendee Information to be recorded.

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 2021 No. 93 as amended by S.R. 2021 Nos. 97, 109, 117, 130, 141, 151, 172, 197, 199, 201, 217, 220, 224 and 233