S.I. No. 442/2020 - Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 7) Regulations 2020

1. The following services relating to agriculture, horticulture, forestry, fishing, animal welfare and related services

(a) farming;

(b) farm labour;

(c) farm relief services;

(d) crop and animal production;

(e) fishing for commercial purposes;

(f) aquaculture and fish farming;

(g) horticulture;

(h) forestry;

(i) veterinary, animal welfare and related services;

(j) marts held online only;

(k) the provision of support services relating to any of the services specified in subparagraphs (a) to (j) (including artificial insemination and animal disposal).

Manufacturing

2. The following services relating to manufacturing

(a) the manufacture, production or processing of food and beverage products;

(b) the manufacture, production or processing of animal feeds;

(c) the manufacture of work-wear apparel, personal protective equipment or footwear;

(d) the manufacture of wood pulp, paper and paperboard;

(e) the operation of sawmills and the processing of wood and cork;

(f) the printing and reproduction of newspapers and other media services;

(g) the distillation of coke and refined petroleum products;

(h) the refining of alumina;

(i) the manufacture of chemicals and chemical products;

(j) the manufacture of pharmaceutical products and preparations;

(k) the manufacture of products necessary for the supply chain of essential services;

(l) the manufacture of products necessary for national and international supply chains, other than such supply chains referred to in subparagraph (k);

(m) the manufacture of computers, electronic and optical products (including semi-conductors);

(n) the manufacture of electrical equipment, machinery and other equipment (including agricultural and forestry machinery);

(o) the manufacture of medical devices or appliances;

(p) the manufacture of medicinal, health, dental and other personal hygiene products, equipment, appliances and supplies.

Supply, repair and installation of machinery and equipment

3. The following services relating to the supply, repair and installation of machinery and equipment

(a) the supply, repair and installation of machinery and equipment (including mechanically propelled vehicles, industrial machinery and equipment) for essential services;

(b) the repair of mechanically propelled vehicles or the repair of bicycles and related facilities.

Electricity, gas, water, sewage and waste management

4. The following services relating to electricity, gas, water, sewage and waste management

(a) the generation, transmission, supply and distribution of electric power;

(b) the extraction and distribution of gas;

(c) the collection, treatment and supply of water;

(d) the collection, treatment and disposal of sewage or wastewater;

(e) the collection of waste, remediation activities and other waste management treatment and disposal activities (including the operation of landfill sites, waste transfer stations, waste processing centres and recycling facilities or waste recovery).

Construction and development

5

.

The following services relating to construction and development

(a) construction or development work and the provision of support services relating to construction and development work;

(b) the repair, maintenance and construction of road, rail and utility infrastructure;

(c) the supply and delivery of maintenance and repair services to businesses and places of residence (including electrical, gas, plumbing, glazing and roofing services).

Wholesale and retail trade

5. Outlets selling health, medical or orthopaedic goods in a specialised outlet, whether on a retail or wholesale basis.

6. The following services relating to wholesale and retail trade

(a) the operation of essential retail outlets;

(b) wholesale and distribution services necessary for ensuring the availability for sale of food, beverages, fuel, medicinal products, medical devices or appliances, other medical or health supplies or products, essential items for the health and welfare of animals, or supplies for the essential upkeep and functioning of a place of residence;

(c) the operation of automated teller machines and related services.

Transport, storage and communications

7. The following services relating to transport, storage and communications

(a) the provision of land transport, including bus, rail and taxi services;

(b) road, rail, sea and air freight;

(c) the provision of sea and air passenger services;

(d) the operation of ports, harbours and airports;

(e) the operation of lighthouses;

(f) warehousing and support activities (including cargo-handling, postal and courier activities) for the transportation of goods;

(g) the control and critical maintenance of the transport infrastructure network (including roads);

(h) any service required for the safe provision of a service specified in subparagraphs (a) to (g).

Accommodation and food services

8. The following services relating to accommodation and food services provision

(a) hotel or similar accommodation services to persons who are guests of those hotels or similar accommodation on the 18th day of October 2020 until the date of their departure;

(b) hotel or similar accommodation services to guests travelling for purposes other than social, recreational, cultural or tourist purposes;

(c) the operation of hotels or similar accommodation services providing essential accommodation (including accommodation for homeless persons and persons in direct provision, persons who are unable to reside in their usual place of residence due to reasons related to the spread of Covid-19 or otherwise) and related services;

(d) food and beverage service activities for supply to a business engaged in an essential service;

(e) the provision of food or beverage takeaway or delivery services or seated outdoor service with a maximum capacity of 15 persons.

Information and communications

9. The following services relating to information and communications

(a) the production and publication of newspapers, journals and periodicals and the distribution of those publications, whether in hardcopy or digital format;

(b) the production of television and radio programmes, video, sound, digital or other electronic content and the broadcast or publication of the same to the public or a portion of the public;

(c) the provision of services necessary to deliver and support wired telecommunication activities and satellite telecommunication activities and other communications activities (including internet and cloud providers);

(d) the provision of data centre services and related services.

Financial and legal activities

10. The following services relating to financial and legal activities

(a) financial, insurance and banking services (including post office and credit union services) provided by a financial services provider;

(b) accounting services or audit services;

(c) legal services provided by practising barristers or practising solicitors.

Professional, scientific and technical activities

11. The following services relating to professional, scientific and technical activities

(a) the provision of engineering, technical testing activities and analysis (including the performance of physical, chemical and other analytical testing of materials and products);

(b) the provision of scientific research and development services;

(c) regulation, inspection and certification services, in accordance with law, of a particular sector by a body created by statute for that purpose.

Rental and leasing activities

12. The provision of a service for the rental or leasing of mechanically propelled vehicles or bicycles.

Administrative and support activities

13. The following services relating to administrative and support activities

(a) payroll and payment services necessary for the operation of undertakings and bodies;

(b) employment placement and human resources services associated with the recruitment and deployment of workers engaged in the provision of essential services;

(c) data processing, website hosting and related activities;

(d) security activities to assist in either or both of the following

(i) the delivery of essential services;

(ii) the securing of premises closed to the public;

(e) funeral, burial and related services;

(f) business support services (including information and communications technology support and sales, repair and maintenance for information and communications technology and telephones) where such services are necessary to support -

(i) any other essential service,

(ii) a person working from their place of residence where the business concerned is being operated from a place of residence, or

(iii) a business that is not an essential service, to the extent required to maintain that business in operation or to minimise any delay in the business resuming operation after these Regulations have ceased to be in operation;

(g) where such services are necessary to support any other essential service

(i) the cleaning of buildings;

(ii) industrial cleaning activities;

(iii) the provision of key third party supports other than those referred to in paragraph (f) provided under contract to a person providing an essential service.

Public administration, emergency services and defence

14. The following services relating to public administration, emergency services and defence

(a) the performance by the Garda Síochána, including members and civilian staff of the Garda Síochána, of its functions under the Garda Síochána Act 2005 (No. 20 of 2005);

(b) public order, rescue and emergency services (including fire, coastguard, lifeboat, mountain rescue and ambulance services);

(c) the performance by the Defence Forces of the functions conferred on them by or under any enactment;

(d) emergency call answering services;

(e) services to enable the administration of justice;

(f) prison services and child detention services (including all onsite activities);

(g) cyber-security services;

(h) the provision of social protection benefits;

(i) regulatory processes and certification required to ensure supply chains, safety of food, beverages, medicinal products, medical devices or appliances, other medical or health supplies or products, and general process safety;

(j) the operation and maintenance of botanical gardens, parks, forests, nature reserves and playgrounds;

(k) services relating to the deaths and funerals of persons;

(l) chaplaincy services;

(m) services provided or functions performed by an office holder appointed under any enactment or under the Constitution, or members of either House of the Oireachtas, the European Parliament or a local authority;

(n) services provided under the

Child Care Act 1991

(No. 17 of 1991);

(o) adoption services under the

Adoption Act 2010

(No. 21 of 2010);

(p) services provided to victims;

(q) services, including regulation services, provided by, and activities of, the Central Bank of Ireland, the Investor Compensation Company DAC (otherwise known as the Investor Compensation Company Limited) and the National Treasury Management Agency;

(r) any other service provided, or function performed, by a public body (within the meaning of the

Data Sharing and Governance Act 2019

(No. 5 of 2019)), where the provision of the service or performance of the function is necessary to support or manage -

(i) other essential services, or

(ii) the response of the State to the spread of Covid-19;

(s) Driver Testing Services provided by the Road Safety Authority for the purposes of

section 33

of the

Road Traffic Act 1961

(No. 24 of 1961) for people involved in the provision of essential services or essential retail outlets;

(t) Driving instruction provided by instructors on the Register of Approved Diving instructors, established under Part 3 of the Road Traffic (Driving Instructor Licensing) (No.2) Regulations 2009 (

S.I. No. 203 of 2009

), where the person receiving instruction has a booking reserved to undergo a test for the purposes of

section 33

of the

Road Traffic Act 1961

(No. 24 of 1961).

Human health and social work activities

15. The following services relating to human health and social work activities

(a) hospital services;

(b) therapy services provided by a member of a designated profession within the meaning of

section 3

of the

Health and Social Care Professionals Act 2005

(No. 27 of 2005);

(c) services relating to public health, including services relating to -

(i) the identification, tracing and contacting of persons who have been in contact with persons who have been diagnosed, or are suspected of having been infected, with Covid-19, and

(ii) the testing of persons for Covid-19;

(d) laboratory services;

(e) drug treatment and addiction services;

(f) hospice services;

(g) pharmacy services;

(h) primary care and general and specialist medical practice activities;

(i) dental services;

(j) blood donation and related services;

(k) tissue or organ donation and related services;

(l) residential care services (including nursing care, mental health and substance abuse services, services for elderly persons and persons with disabilities) and children’s residential services;

(m) homecare, home help and other health services in the community;

(n) social work and social care services, (including disability services, mental health services, child protection and welfare services, domestic, sexual and gender-based violence services) and homeless services including homeless outreach services;

(o) paramedical, ambulance and pre-hospital care services;

(p) services provided by minor injury units;

(q) maternity services;

(r) health and social work services;

(s) food safety and environmental services;

(t) regulated childcare services and the care of children for persons providing essential services.

Education

16. The following services relating to education activities

(a) primary and post primary school;

(b) higher and further education, insofar as onsite presence is required and such education activities cannot be held remotely.

Community and voluntary services

17. The following services relating to community and voluntary services

(a) services not otherwise specified in this Schedule, provided by community and voluntary workers, as part of a publicly commissioned service, deployed to assist in the delivery of essential services;

(b) volunteer services operating under the local authority emergency management framework in accordance with public health guidance.

Diplomatic missions and consular affairs

18. The provision of services essential to the functioning of diplomatic missions and consular posts in the State.

GIVEN under my Official Seal,

17 October, 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. 6) Regulations (

S.I. No. 413 of 2020

). These Regulations provide for temporary restrictions on a range of indoor and outdoor events, along with temporary restrictions on access by the public to a range of businesses and services. They also provide for temporary restrictions on travel. Counties Donegal, Cavan and Monaghan are Relevant Counties for the purposes of these Regulations, and are subject to a higher degree of restrictions. The Regulations remain in operation until 9 November 2020.

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

19. (1) A specified person shall ensure that members of the public and workers are not permitted, or otherwise granted, access to a premises -

(a) in or at which a business or service is carried out, and

(b) that is in a relevant county,

other than in accordance with paragraph (2).

(2) A specified person may permit, or otherwise grant, access to a premises in a relevant county to –

(a) a worker, where access to the premises by the worker is necessary to the provision of an essential service or the operation of an essential retail outlet, or

(b) members of the public -

(i) where the premises is an essential retail outlet, provided that such access is granted, or otherwise permitted, only to such part of the premises as is an essential retail outlet,

(ii) where the premises is used to provide an essential service, provided that such access is granted, or otherwise permitted, only to such part of the premises as is used to provide the essential service,

(iii) where the premises is a relevant premises, insofar as access is granted, or otherwise permitted, in accordance with paragraph (4), and

(iv) where the premises is a specified premises, insofar as access is granted, or otherwise permitted, in accordance with paragraph (5).

(3) 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 in accordance with these Regulations, or

(c) the use 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.

(4) (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) 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.

(5) (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 -

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

(ii) 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.

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

(7) In this Regulation -

“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 18 of Part 1 of Schedule 3 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;

“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.

“worker” means, in relation to a premises that is a place of work -

(a) an employee working at the premises,

(b) a member of staff at the premises, or

(c) a person providing professional services to or at the premises.

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 -

(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, and

(c) 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 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 made under paragraphs (1)(a) and (b) for the purposes of inspection -

(a) 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) 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

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

20

th October,

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, and the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media,

hereby make the following regulations

PART 1

Preliminary and General

Citation and Commencement