Coronavirus Act 2020

Childcare providers

16 (1) The Department may give a temporary closure direction that applies to—

(a) one or more named persons registered under Article 118 of the 1995 Order (child minders and those who provide day care);

(b) all persons registered under that Article in Northern Ireland (or any part of Northern Ireland);

(c) persons registered under that Article of a particular description in Northern Ireland (or any part of Northern Ireland).

(2) A temporary closure direction under this paragraph is a direction that requires any person to whom it applies to take reasonable steps to secure that persons do not, for a specified period, attend the premises with respect to which the person is registered, for purposes connected with the provision of child minding or day care.

(3) Before giving a direction under this paragraph, the Department—

(a) must have regard to any advice from the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health in Northern Ireland relating to the incidence or transmission of coronavirus, and

(b) must be satisfied that giving the direction is a necessary and proportionate action in response to the incidence or transmission of coronavirus.

(4) A temporary closure direction under this paragraph, may—

(a) require the taking of reasonable steps in general terms, or require the taking of particular steps that the Department considers reasonable, in relation to any of the matters mentioned in the following paragraphs;

(b) relate to attendance of persons generally, or to attendance by specified persons;

(c) relate to premises generally, or to specified premises or parts of premises;

(d) relate to attendance for purposes connected with the provision of day care or child minding generally, or to attendance for specified purposes;

(e) otherwise make different provision for different purposes, or be framed by reference to whatever matters the Department considers appropriate;

(f) make transitional, transitory or saving provision;

(g) make such other supplementary provision as the Department considers appropriate in connection with the giving of the direction.

(5) Subject to sub-paragraph (6), the Department must publish a temporary closure direction under this paragraph.

(6) Where a direction relates to a person specified by name—

(a) the Department must give a copy of the direction to that person, and

(b) the published version of the direction must not identify any individual without their consent.

(7) A temporary closure direction under this paragraph has effect until the earlier of—

(a) the end of the period specified under sub-paragraph (2), or

(b) the revocation of the direction by a further direction given by the Department under this paragraph.

(8) A person registered under Article 118 of the 1995 Order must have regard to any guidance given by the Department about how to comply with a temporary closure direction under this paragraph.

(9) The duty of a person registered under Article 118 of the 1995 Order to comply with a direction under this paragraph is enforceable against that person by the Department making an application to the High Court or a county court for an injunction.

(10) An application under sub-paragraph (9) may be made without notice being given to the registered person.

(11) There is no breach of a duty under the following Articles to the extent that a failure to satisfy the terms of the duty is attributable to a temporary closure direction under this paragraph—

(a) Article 19(2) or (5) of the 1995 Order (duties to provide care or supervised activities for children in need);

(b) Article 130(4) of the 1995 Order (duty to inspect premises at least once every year).

(12) In this paragraph—

• “the 1995 Order” means the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));

• “authority”, “child minding” and “day care” have the same meaning as in the 1995 Order;

• “the Department” means the Department of Health in Northern Ireland;

• “specified” means specified in a temporary closure direction under this paragraph, or falling within a description specified in a temporary closure direction under this paragraph.