The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021

PART 1 N.I. INTRODUCTORY

Citation, commencement and interpretation N.I.

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 and shall come into operation on 9th April 2021.

(2) In these Regulations—

“active period” means the period during which these Regulations are in operation;

“bed and breakfast accommodation”, “bunkhouse”, “guest accommodation”, “guesthouse”, “hostel” and “self-catering establishment” shall mean the premises of any establishment allocated a certificate under Article 13 of the Tourism (Northern Ireland) Order 1992 M1

[F1 “bubble” has the meaning given in regulation 19(1A)]

[F1 “close contact service” means a service listed in Schedule 2]

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

“drink” unless otherwise stated does not include intoxicating liquor;

[F2 “educational activity” means education—

(a)

in a pre-school setting participating in the Pre-School Education Programme;

(b)

in a school;

(c)

in an EOTAS (“Education Other Than At School”) Centre;

(d)

in an Institute of Higher or Further Education;

(e)

provided by a provider delivering targeted Early Years provision funded by the Department of Education; or

(f)

[F3 a provider in receipt of grant funding from the Education Authority to deliver youth activities for persons aged 4 to 25 years in an informal setting;]]

“elite athlete” means a person who—

(i)

derives all or the majority of their income from competing in sport,

(ii)

plays in a professional league or competition,

(iii)

is a senior representative nominated by a relevant sporting body, or

(iv)

is on an elite development pathway.

For the purposes of the definition of “elite athlete” [F4 and of regulation 11 (Restrictions on sporting events)]—

(a)

“senior representative” means a person who is considered by a relevant sporting body to be a candidate to compete in a major competition;

(b)

“relevant sporting body” means—

(i)

the recognised national governing body of a sport which may nominate athletes to compete in a major competition, or

(ii)

the regional governing body of a sport which may nominate athletes to represent a county in Northern Ireland or the Republic of Ireland in an inter-county league or inter-county competition, where that league or competition is organised by the national governing body of the sport;

(c)

“elite development pathway” means a development pathway established by a relevant sporting body to prepare athletes to—

(i)

derive a living from competing in that sport, or

(ii)

compete in a major competition including the Olympic Games, Paralympic Games, Commonwealth Games, European Championships, World Championships or (in sports without international competition) inter-county competitions organised by the national governing body of the sport;

“enforcement officer” means a person designated by a district council under Regulation 18(1) for the purposes of these Regulations;

F5 ...

“harbour terminal”, “hotel” and “resident” have the meanings given to them in [F6 Article] 2(2) of the Licensing (Northern Ireland) Order 1996;

“household” means one person living alone or two or more persons (whether or not related) living together at the same address and a person (P) who is a member of one household may not, at any time, be a member of any other household except where P's membership of that other household is in connection with P's attendance at an educational institution;

“intoxicating liquor” has the meaning given in [F7 Article] 2(2) of the Licensing (Northern Ireland) Order 1996 M2 ;

“private dwelling” is a dwelling occupied by a person as their only or main residence and includes any garden, yard, passage, stair, outhouse or other appurtenance of the dwelling;

“relevant officer” means a constable or an enforcement officer;

[F8 “shop” means any building, room or other indoor establishment which is open to the public in whole or in part and is used wholly or mainly for the purposes of retail sale or hire of goods or services;]

“sporting event” means a gathering for the purpose of exercise, competitive sport, recreational sport or sport training, and dance of any type shall be deemed to be a form of exercise or sport;

“table” includes a counter or other structure which serves the purpose of a table and which is not used wholly or partly as a bar for the service of food or drink.

[F9 “tourist accommodation” means a bed and breakfast establishment, hotel, bunkhouse, hostel, guest accommodation, self-catering establishment or guest house.]

(3) For the purposes of these Regulations—

(a) a “person responsible” for carrying on a business or providing a service or operating any premises includes the owner, proprietor and manager of that business or service or those premises;

(b) there is a gathering when two or more persons are present together in the same place in order to engage in any form of social interaction with each other, or to undertake any other activity with each other;

(c) a place is indoor if it would be considered to be enclosed or substantially enclosed for the purposes of regulation 2 of the Smoke-free (Premises, Vehicle Operators and Penalty Notices) Regulations (Northern Ireland) 2007 M3 , and otherwise a place is outdoor;

(d) in relation to any premises of a business or members' club selling or supplying food and drink or intoxicating liquor, an area adjacent to the premises where seating, 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

F1 Words in reg. 1(2) inserted (23.4.2021) by The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment No. 2) Regulations (Northern Ireland) 2021 (S.R. 2021/109), regs. 1(2), 3

F2 Words in reg. 1(2) inserted (12.4.2021) by The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/97), regs. 1(2), 3(1)

F3 Words in reg. 1(2) substituted (30.4.2021 at 6.00 p.m.) by The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment No. 3) Regulations (Northern Ireland) 2021 (S.R. 2021/117), regs. 1(2), 2(a)

F4 Words in reg. 1(2) inserted (12.4.2021) by The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/97), regs. 1(2), 3(2)

F5 Words in reg. 1(2) omitted (24.5.2021) by virtue of The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment No. 4) Regulations (Northern Ireland) 2021 (S.R. 2021/130), regs. 1(2), 5(1)

F6 Word in reg. 1(2) substituted (23.4.2021) by The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment No. 2) Regulations (Northern Ireland) 2021 (S.R. 2021/109), regs. 1(2), 4

F7 Word in reg. 1(2) substituted (23.4.2021) by The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment No. 2) Regulations (Northern Ireland) 2021 (S.R. 2021/109), regs. 1(2), 5

F8 Words in reg. 1(2) inserted (28.5.2021 at 1.30 p.m.) by The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment No. 5) Regulations (Northern Ireland) 2021 (S.R. 2021/141), regs. 1(2), 3

F9 Words in reg. 1(2) inserted (24.5.2021) by The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment No. 4) Regulations (Northern Ireland) 2021 (S.R. 2021/130), regs. 1(2), 5(2)

Marginal Citations

M1 S.I. 1992/235 (N.I. 3)

M2 S.I. 1996/3158 (N.I. 22)

M3 S.R. 2007 No. 94

Review of the need for restrictions or requirements N.I.

2.  The Department of Health must review the need for restrictions and requirements imposed by these Regulations on or before each of 15 April, 13 May and 10 June 2021.