S.I. No. 352/2020 - Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 5) Regulations 2020

1. Cinemas, other than outdoor cinemas at which persons attending a screening do so in motor vehicles and remain in the vehicles without exiting the motor vehicles for the duration of such attendance.

2. Theatres and concert halls.

3. Museums.

4. Art galleries, other than privately-owned art galleries offering artworks for sale.

5. Circuses.

6. Nightclubs and discotheques, including those licenced under the

Public Dance Halls Act 1935

(No. 2 of 1935).

7. Bingo halls.

8. Casinos and Private Members’ Clubs at which gambling activities are carried out and which are operated on a commercial basis.

9. Ice skating rinks.

10. Roller skating rinks.

11. Aquariums.

12. Indoor leisure facilities, including bowling alleys, amusement arcades, dance studios, soft play areas and other indoor children’s play areas.

13. Funfairs, including funfairs within the meaning of the

Gaming and Lotteries Act 1956

(No. 2 of 1956).

14. Amusement halls licensed in accordance with the

Gaming and Lotteries Act 1956

(No. 2 of 1956).

15. Amusement parks and theme parks.

16. Outlets selling food or beverages whether on a retail or wholesale basis and whether in a non-specialised or specialised outlet, other than -

(a) insofar as they sell food or beverages on a takeaway basis or for consumption off the premises,

(b) insofar as they sell food or beverages for consumption in an area of part of the premises the entirety of which is situated outdoors and which holds no more than 15 people (not including persons engaging in such sale in a professional capacity, in the course of their employment, or in fulfilment of a contract for services) at any one time,

(c) staff canteens operating for the exclusive use of persons working in, or at, a particular premises, or

(d) hotels or similar accommodation services insofar as they sell food or beverages for consumption on the premises by residents of the service.

17. Sports stadiums, campuses and sports training facilities other than insofar as -

(a) they are available free of charge for informal and recreational use by members of the public,

(b) their operation is necessary for athletic use and training by persons specified in Regulation 18(3) or by the coaching and support personnel of such persons, or

(c) their operation is necessary for the purposes of organising an outdoor event for sporting reasons in accordance with Regulation 17 or 18, or for holding such an event.

GIVEN under my Official Seal,

19 September, 2020.

STEPHEN DONNELLY,

Minister for Health.

EXPLANATORY NOTE

(

This note is not part of the Instrument and does not purport to be a legal interpretation

.)

These regulations revoke the

Health Act 1947

(Section 31A - Temporary Restrictions) (Covid-19) (No. 4) Regulations (S.I. 326 of 2020), as amended. The Regulations limit the numbers of people attending indoor and outdoor events, with certain exceptions, and continue current restrictions in regard to access by the public to businesses and services. For the county of Dublin, the Regulations provide for further restrictions on indoor and outdoor events and further restrictions in regard to access by the public to businesses and services. They also provide for restrictions on travel into and out of the county of Dublin. The Regulations remain in operation until 10 October 2020.

1 OJ No. L 119, 4.5.2016, p. 1.

18. (1) Subject to paragraph (3), a person shall not organise, or cause to be organised, a training event in a relevant county other than in accordance with paragraph (2).

(2) A person may organise a training event in a relevant county where the person takes all reasonable steps to ensure that -

(a) the training event is held outdoors,

(b) other persons attending at, or otherwise participating in, the training event are organised into groups of no more than 15 persons, and

(c) a group referred to in subparagraph (b), and any person forming part of such a group, is not permitted to commingle, associate with, or otherwise come into physical contact with, another such group or any other person forming part of such other group.

(3) Paragraph (1) shall not apply to a training event in which every person participating in the event -

(a) is in receipt of financial support provided by Sport Ireland under the scheme commonly known and referred to as the Sport Ireland International Carding Scheme,

(b) competes at a senior level and is a participant in a high performance training programme of the national governing body of the sport, which body receives, from Sport Ireland, financial support commonly known and referred to as the Sport Ireland High Performance Programme Funding,

(c) is a member of an inter-county team, at senior, under 20 or minor level, or for the senior club championship in a competition organised by the organisations commonly known and referred to as the Gaelic Athletic Association, the Ladies Gaelic Football Association or the Camogie Association,

(d) is a professional sportsperson who receives payment for training and playing sport under a contract of employment with a soccer club or the rugby football organisation commonly known and referred to as the Irish Rugby Football Union,

(e) is involved in the training and preparation of racehorses for events held under the authority of Horse Racing Ireland, or

(f) is a coach or trainer in respect of a person referred to in any of subparagraphs (a) to (e).

Carrying on or provision of certain businesses or services in relevant counties

19. (1) A specified person shall ensure that members of the public are not permitted, or otherwise granted, access to a premises in a relevant county, or to a part of such a premises, where a relevant business or service is carried on or otherwise provided.

(2) For the avoidance of doubt, paragraph (1) does not prohibit -

(a) the filming or other recording of performances in a theatre, concert hall, museum or art gallery, without an audience present, for the purposes of broadcasting such performances on the internet, radio or television,

(b) the holding of horseracing or greyhound racing at a racecourse, where no persons are in attendance at the racecourse solely for the purposes of spectating such racing, or

(c) the use of a premises, or part of a premises, for the purposes of -

(i) a meeting of a local authority (within the meaning of the Act of 2001),

(ii) a meeting of a regional assembly (within the meaning of the

Local Government Act 1991

(Regional Assemblies) (Establishment) Order 2014 (

S.I. No. 573 of 2014

)),

(iii) a sitting of one or both Houses of the Oireachtas or a committee thereof (within the meaning of

section 2

of the

Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013

(No. 33 of 2013)), or

(iv) a meeting of a political party registered in the Register of Political Parties (within the meaning of Part III of the

Electoral Act 1992

(No. 23 of 1992)) or a meeting of a parliamentary party of such political party.

(3) (a) Subparagraph (b) applies notwithstanding anything contained in the Licensing Acts 1833 to 2018 or the Registration of Clubs Acts 1904 to 2008.

(b) A specified person shall ensure that members of the public are not, during the relevant period -

(i) permitted, or otherwise granted, access to relevant premises, or

(ii) permitted to remain on such premises,

except for the purpose of ordering, or collecting, or both, food or non-alcoholic beverages for consumption off such premises.

(c) For the avoidance of doubt, it is hereby declared that the period of 30 minutes referred to in section 7(1) and (2) of the

Intoxicating Liquor Act 1962

(No. 21 of 1962), commonly referred to as drinking-up time, does not apply in relation to the relevant period.

(d) A specified person shall ensure that members of the public are not permitted or otherwise granted access to a relevant premises other than where (and without prejudice to the generality of subparagraph (b)(ii)) the intoxicating liquor being sold or supplied for consumption on the premises is -

(i) ordered by or on behalf of the member of the public being permitted, or otherwise granted, access to the premises, at the same time as a substantial meal is so ordered, during the meal or after the meal has ended, and

(ii) consumed by that member during the meal or after the meal has ended.

(e) In this paragraph -

“relevant period”, in relation to a relevant premises to which, but for this paragraph, access by members of the public may be lawfully permitted, or otherwise granted, on and after 11.30 p.m. on a particular day, means the period -

(i) commencing at 11.30 p.m. on that day, and

(ii) ending at the later time on that day, or the later time on the next succeeding day, as the case may be, on and after which access by members of the public would no longer be lawful even if this Regulation had never been made.

“relevant premises” means a premises in a relevant county where a business or service of a type specified in subparagraph (b) or (d) of paragraph 16 of Schedule 2 that is selling or supplying intoxicating liquor for consumption on the premises and that, but for this Regulation, is otherwise permitted by law to do so, is lawfully carried on or otherwise provided.

(4) (a) A specified person shall ensure that members of the public are not, during the specified period -

(i) permitted, or otherwise granted, access to a specified premises, or

(ii) permitted to remain on a specified premises,

except for the purpose of ordering, or collecting, or both, food or non-alcoholic beverages for consumption off the specified premises.

(b) In this paragraph -

“specified period”, in relation to specified premises to which, but for this Regulation, access by members of the public may be lawfully permitted, or otherwise granted, on and after 11.30 p.m. on a particular day, means the period -

(a) commencing at 11.30 p.m. on that day, and

(b) ending at -

(i) subject to subparagraph (ii), the later time on that day, or the later time on the next succeeding day, as the case may be, on and after which access by members of the public would no longer be lawful even if this Regulation had never been made, or

(ii) 6.00 a.m. on the next succeeding day in any case where such first-mentioned access would extend beyond that time but for this Regulation;

“specified premises” means a premises in a relevant county where -

(a) food or non-alcoholic beverages may be lawfully sold or supplied for consumption on such premises, or

(b) food or beverages may be lawfully sold or supplied for consumption on such premises but any beverage which is an intoxicating liquor may not be so consumed.

(5) Paragraphs (1), (3) and (4) are penal provisions for the purposes of section 31A of the Act of 1947.

(6) In this Regulation, “relevant business or service” means a business or service of a type specified in Schedule 2.

Other requirements in relation to certain premises referred to in Regulation 19

20. (1) A specified person shall, in relation to a relevant premises within the meaning of Regulation 19(3) -

(a) in the case of a party of persons being permitted, or otherwise granted, access to the premises, make a record of the time and date that the first member (in this Regulation referred to as a “lead person”) of the party of persons is permitted, or otherwise granted, access to the premises and the lead person’s name and telephone number,

(b) in the case of a member of the public (in this Regulation referred to as a “sole person”) who is not a member of a party of persons being permitted, or otherwise granted, access to the premises, make a record of the time and date that the sole person is permitted, or otherwise granted, access to the premises and the sole person’s name and telephone number,

(c) make a record of the substantial meal or meals ordered, pursuant to Regulation 19(3)(b) by each member of a party of persons and each sole person permitted, or otherwise granted, access to the premises, and

(d) not permit food or beverages to be served, or to continue to be served, to a member of a party of persons or a sole person permitted, or otherwise granted, access to the premises unless the food or beverages are consumed -

(i) in accordance with Regulation 19(3), and

(ii) whilst such member of a party of persons or sole person, as the case may be, is seated at a table.

(2) A specified person shall retain and make available records -

(a) in the case of records made under paragraph (1)(a), (b) and (c), for the purposes of inspection by a member of the Garda Síochána acting in the course of his or her duties under these Regulations, for a period of 28 days after the records have been made, and

(b) in the case of records made under paragraph (1)(a) and (b), for the purposes of inspection by a person appointed by the Health Service Executive for the purposes of the programme commonly known as the Covid-19 Contact Management Programme, for a period of 28 days after the records have been made.

(3) (a) For the purposes of paragraph (1)(a), a specified person may request a lead person to provide the specified person with the lead person’s name and telephone number and, where that specified person does so, the lead person shall comply with that request.

(b) For the purposes of paragraph (1)(b), a specified person may request a sole person to provide the specified person with the sole person’s name and telephone number and, where that specified person does so, the sole person shall comply with that request.

(4) Paragraphs (1) and (2) are penal provisions for the purposes of section 31A of the Act of 1947.

(5) In this Regulation, “party of persons” means, in relation to a relevant premises within the meaning of Regulation 19(3), a group of 2 or more members of the public who intend to consume food or beverages together in the premises and who wish to be permitted, or otherwise granted, access to the premises for that purpose, whether or not each member arrives at the premises at the same time.

Part 4

Data Protection

Data protection

21. (1) Personal data collected for the purposes of these Regulations may be processed by -

(a) a specified person for the purposes of -

(i) complying with the requirements of these Regulations, or

(ii) providing information to the Health Service Executive for the purposes referred to in paragraph (b),

(b) the Health Service Executive for the purposes of the identification, tracing and contacting of persons who have been in contact with persons who have been diagnosed, or suspected of having been infected, with Covid-19, and

(c) a member of the Garda Síochána for the purposes of -

(i) monitoring compliance by a specified person with, or

(ii) enforcement of these Regulations.

(2) For the purposes of these Regulations, a specified person, the Health Service Executive and the Garda Síochána are designated as data controllers in relation to personal data respectively processed by them pursuant to paragraph (1).

(3) Subject to paragraph (4), personal data collected for the purposes of these Regulations shall be permanently deleted no later than 28 days after the records referred to in Regulation 12 or 20 have been collected under paragraph (1) of Regulation 12 or 20, as the case may be.

(4) Where personal data collected in accordance with these Regulations are required for the purposes of the prevention, investigation, detection or prosecution of a criminal offence, the data -

(a) may be processed for as long as they are required for such prevention, investigation, detection or prosecution, and

(b) shall be permanently deleted after they are no longer required for such prevention, investigation, detection or prosecution.

(5) In this Regulation - “General Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016

1

on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

“personal data” has the meaning it has in the General Data Protection Regulation;

“processing”, in relation to personal data, has the meaning it has in the General Data Protection Regulation.

SCHEDULE 1

Regulation 4

Relevant Counties

The County of Dublin

SCHEDULE 2

Regulation 19

Relevant businesses or services

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

22

nd September,

2020.

I, Stephen Donnelly, Minister for Health, in exercise of the powers conferred on me by sections 5 and 31A (inserted by

section 10

of the

Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020

(No. 1 of 2020)) of the

Health Act 1947

(No. 28 of 1947) and -

(a) having regard to the immediate, exceptional and manifest risk posed to human life and public health by the spread of Covid-19 and to the matters specified in subsection (2) of section 31A, and

(b) having consulted with the Minister for Transport, the Minister for Business, Enterprise and Innovation, the Minister for Finance, the Minister for Justice and Equality, the Minister for Foreign Affairs and Trade and the Minister for Culture, Heritage and the Gaeltacht,

hereby make the following regulations

PART 1

Preliminary and General

Citation and commencement