The Health Protection (Coronavirus, Wearing of Face Coverings) (Amendment) Regulations (Northern Ireland) 2022

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

2022 No. 11

Public Health

The Health Protection (Coronavirus, Wearing of Face Coverings) (Amendment) Regulations (Northern Ireland) 2022

Made

at 10.00 a.m. on 21st January 2022

Laid before the Assembly

at 11.00 a.m. on 21st January 2022

Coming into operation

at noon on 21st January 2022

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) 2022 and shall come into operation at noon on 21st January 2022.

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

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

3.  For Regulation 5(d) substitute—

(d)where the person cannot put on, wear or remove a face covering—

(i)because of any disability (within the meaning of the Disability Discrimination Act 1995(4); or

(ii)without severe distress;

Sealed with the Official Seal of the Department of Health at 10.00 am on 21st January 2022

(L.S.)

Sir Michael McBride

Chief Medical Officer

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 by removing the requirement to provide proof of exemption if requested by a relevant person and reinstating the reasonable excuse of severe distress.

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, S.R. 2021 No. 96, 131, 216, 219, 250, 274, 291 and 348.