The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment No. 20) 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. 334

Public Health

The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment No. 20) Regulations (Northern Ireland) 2021

Made

at 2.30 p.m. on 9th December 2021

Laid before the Assembly

at 3.30 p.m. on 9th December 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(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 and commencement

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment No. 20) Regulations (Northern Ireland) 2021.

(2) These regulations come into operation at the time they are made.

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 20.

3.  In Regulation 1(2) omit the definition of “active period”.

4.  In Regulation 4(2)(f) for “person” substitute “officer”.

5.  In Regulation 5(3)(b)(ii) for “person” substitute “officer”.

6.  In Regulation 16B(3) for “commits an offence if they” substitute “is required not to”.

7.  In Regulation 16C(1)(b) for “within 48 hours before the” substitute “on the same calendar day, or one calendar day before, the day of the”.

8.  In Regulation 16C(2) after “in this regulation” insert “which does not itself contain a photograph of P” and omit “provided”.

9.  In Regulation 16C(3)(a)(v) after “reaction test” insert “(or other lab test)”.

10.  For Regulation 16E substitute—

“16E.— (1)  This part applies to the “relevant premises” as listed in paragraphs (2) to (8), but not exempt premises listed in paragraph (9).

(2) Premises (whether indoor or outdoor):

(a) in which intoxicating liquor is sold or provided for consumption on the premises (whether indoor or outdoor), or

(b) to which the public have access where consumption of intoxicating liquor is permitted;

(3) theatres.

(4) concert halls.

(5) cinemas.

(6) indoor premises other than private dwellings when used for the purpose of a performance, recording or rehearsal.

(7) premises used for the purposes of a conference or exhibition.

(8) premises hosting a relevant event (other than an exempt event listed in Schedule 2A).

(9) The exempt premises for the purposes of paragraph (2) are:

(a) such premises at a port or airport;

(b) the cross-border inter-city rail service between Dublin and Belfast “the Enterprise”;

(c) a place of worship during a service;

(d) premises of educational establishments other than those parts of the premises where intoxicating liquor may be consumed on the premises; or

(e) premises, or parts thereof, being used solely for the purposes of blood donation at the time they are being so used.”

11.  Regulation 16F(2) is amended as follows—

(a) After “responsible for relevant premises” insert “or the person responsible for organising an indoor gathering in a relevant premises” and after the first use of “or” insert “the person responsible for”;

(b) for “take reasonable steps to ensure that only” substitute “not permit”;

(c) for “who is” substitute “other than a person”; and

(d) omit “is permitted”.

12.  In Regulation 16F(3) for “a reasonable” substitute “an effective”.

13.  For Regulation 16F(3)(a) substitute “ensuring that only a person referred to in paragraph (4) may enter relevant premises or a relevant event; and”

14.  In Regulation 16F(3)(b) omit “by those checks”.

15.  In Regulation 16F(5) for “a reasonable” substitute “an effective”.

16.  In Regulation 16G(2)(a) omit “and”.

17.  In Regulation 16G(2)(b) after “under that regulation” insert “; and”.

18.  After Regulation 16G(2)(b) insert—

“(c) make the statement available to visitors upon request.”

19.  In Regulations 18(2), 18(3)(a), 18(4)(b), 18(5)(b) and 22(4)(a) for “16E” substitute “16F”.

20.  In Schedule 2A, paragraph 4 after “An” insert “event on an”.

Sealed with the Official Seal of the Department of Health at 2.30 pm on 9th December 2021

(L.S.)

Dr Naresh Chada

Deputy Chief Medical Officer

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 by making a number of amendments. These include the removing the definition of active period, changing the required timeframe for a negative Rapid Antigen Test from 48 hours to the day of, or day before, the relevant time, removing the requirement to provide photographic ID if the evidence provided includes a photo and rewording Regulation 16E to ensure greater clarity. Further minor changes have been made the wording on who is responsible for a relevant premises or event, the system a responsible person must have in place, and the enforcement of this. Some further minor changes have been made to other wording. None of the changes in this Amendment offer any substantive policy changes and are technical changes.

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, 233, 251, 276, 283,292 and 315