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

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Restrictions on gatheringsN.I.

This section has no associated Explanatory Memorandum

9.—(1) This Regulation does not apply to a gathering which is a rave or a large house party (see Regulation 10), a sporting event (see Regulation 11) or a gathering in a private dwelling (see Regulation 12).

(2) A person may only organise, operate or participate in an indoor gathering of more than one household if it consists of no more than six persons and no more than two households.

(3) A person may only organise, operate or participate in an outdoor gathering which consists of no more than ten persons and no more than two households.

[F1(3A) (a) Paragraph (3) does not apply to a gathering for the purpose of practice or rehearsal by a band provided that—

(i)the band does not engage in a procession;

(ii)no person in the gathering engages in singing;

(iii)the gathering consists only of the band; and

(iv)the gathering fulfils the conditions in paragraph (5).

(b)In this regulation “band” means a group of two or more persons each of whom engages in the playing or sounding of a musical instrument or carries a musical instrument for the purpose of playing or sounding it, along with any conductor or instructor.]

(4) Paragraphs (2) and (3) do not apply to a gathering which fulfils the conditions in paragraph (5) and which is one of the following—

(a)a funeral, a service associated with a funeral or an act of worship or belief, in a place of worship, a place where beliefs are practised or a place where funerals take place;

(b)a marriage ceremony or civil partnership ceremony (not including a reception) in a place of worship or a place where beliefs are practised or any other place where those ceremonies may lawfully take place;

(c)an educational activity in a school or institute of higher or further education;

(d)an educational activity not in a school or institute of higher or further education where it is essential that the activity takes place face to face;

(e)a gathering in a workplace, when it is not reasonably practicable for the duties of a person participating in the gathering to be carried out at that person's private dwelling;

(f)a blood donation session or a vaccination session.

[F2(g)a visit to a place where a marriage ceremony or civil partnership ceremony (not including a reception) may lawfully take place, for the purposes of viewing the facilities, provided that the gathering includes no more than four visitors and one member of staff of the place and that there is no more than one such visit at any one time.]

[F3(h)a close contact service (but not a close contact service to which regulation 16(3) relates);

(i)a test of competence to drive established by Article 5 of the Road Traffic (Northern Ireland) Order 1981;

(j)a gathering for the purpose of EATL provided that the gathering does not consist of more than 30 persons;

(k)childcare provided by a person registered under the Children (Northern Ireland) Order 1995 or childcare provided free of charge or for less than two hours per day.]

(5) The conditions referred to in [F4paragraphs (3A) and (4)] are that the person responsible for organising or operating the gathering—

(a)has carried out an appropriate risk assessment (see paragraph 10); and

(b)takes all reasonable measures to limit the risk of transmission of the coronavirus, including implementing the preventive and protective measures identified in the appropriate risk assessment undertaken under sub-paragraph (a) F5... .

(6) A person responsible for organising or operating a gathering referred to in [F6paragraph (3A) or (4)] must, if requested to do so by a relevant officer, give that relevant officer a copy of the appropriate risk assessment referred to in paragraph (5)(a) and an account of the measures referred to in paragraph (5)(b) as soon as reasonably practicable and, in any event, within twenty-four hours of the request.

(7) In addition to the other requirements of this Regulation—

(a)a person attending, or responsible for organising or operating, a funeral or a service associated with a funeral must comply with [F7“Guidance for handling the infection risks when caring for the deceased and managing funerals”]F8 issued by the Department of Health but failure to do so does not constitute an offence under regulation 22;

F9(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)The person responsible for organising or operating a funeral or a service associated with a funeral includes the person operating the place where it takes place and the funeral director making the funeral arrangements.

(8) In addition to the other requirements of this Regulation, a person responsible for organising or operating a marriage ceremony or civil partnership ceremony must take reasonable steps to—

F10(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)comply with the duty in Regulation 15 (Visitor and Attendee Information).

(9) This Regulation does not apply to a gathering which arises for the purpose of enabling a person to avoid injury or illness or to escape a risk of harm, or to provide emergency or medical assistance to a person.

(10) An appropriate risk assessment is an assessment carried out by the person responsible for organising or operating a gathering for the purpose of identifying and evaluating—

(a)the nature and magnitude of the risk of infection, contamination and transmission of coronavirus arising in the course, or as a result, of the organisation or operation of the gathering; and

(b)measures which are reasonably practicable to take to avoid, mitigate or eliminate those risks including—

(i)those which prioritise the greatest communal protection;

(ii)those designed to replace practices with less hazardous ones; and

(iii)the use of clear and concise verbal and written instructions.

Textual Amendments

F8https://www.health-ni.gov.uk/sites/default/files/publications/health/interim-guidance-for-funeral-directors.pdf

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