The Health Protection (Coronavirus, Wearing of Face Coverings) (Amendment) 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 the expiration of 28 days beginning with the day on which they are made.

Statutory Rules of Northern Ireland

2021 No. 96

Public Health

The Health Protection (Coronavirus, Wearing of Face Coverings) (Amendment) Regulations (Northern Ireland) 2021

Made

at 8.00 p.m. on 8th April 2021

Laid before the Assembly

at 9.00 a.m. on 9th April 2021

Coming into operation

9th April 2021

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.  These Regulations may be cited as the Health Protection (Coronavirus, Wearing of Face Coverings) (Amendment) Regulations (Northern Ireland) 2021 and shall come into operation on 9th April 2021.

Amendment of the Health Protection (Coronavirus, Wearing of Face Coverings) Regulations (Northern Ireland) 2020

2.—(1) The Health Protection (Coronavirus, Wearing of Face Coverings) Regulations (Northern Ireland) 2020(3) are amended as follows.

(2) In regulation 2, in the definition of “enclosed shopping centre”, omit “enclosed”.

(3) In regulation 3, after “the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020” insert “and the Health Protection (Coronavirus, Restrictions) (No. 2) Regulations (Northern Ireland) 2020”.

(4) After regulation 4B insert—

“Requirement to wear a face covering in other locations

4C.— (1) A person (other than a person leading a service) entering or remaining within a place of worship or a place where beliefs are practised, must, unless there is a reasonable excuse, wear a face covering.

(2) Paragraph (1) shall not apply to a couple at a ceremony to solemnise their marriage or to form their civil partnership.

(3) A person providing a close contact service as defined in the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 must wear, and take reasonable steps to ensure that a person receiving the service wears, a face covering unless—

(a) a person has a reasonable excuse not to do so, or

(b) it is necessary not to wear a face covering due to the nature of the service.”.

(5) In regulation 6 (Enforcement of requirement), after sub-paragraph (8)(b)(ii), insert—

“(iii) insofar as it relates to the enforcement of regulation 4, operators of a passenger transport service and their employees and agents.”.

Sealed with the Official Seal of the Department of Health at 8.00 pm on 8th April 2021

(L.S.)

Dr Naresh Chada

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, Wearing of Face Coverings) Regulations (Northern Ireland) 2020 in order to require members of the public to wear face coverings whilst inside a church or other premises where beliefs are practiced, in order to protect against the risks to public health arising from coronavirus. They replace provisions originally made in the Health Protection (Coronavirus, Restrictions) (No. 2) Regulations (Northern Ireland) 2020.

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. 151 as amended by S.R. 2020 Nos. 164, 220, 233 and 253