S.I. No. 448/2020 - Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 8) 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 and decommissioning activities in relation to offshore gas filed facilities;

(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, oil, plumbing, glazing and roofing services).

Wholesale and retail trade

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 21st 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) hotel or similar accommodation services to guests attending a wedding;

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

(f) the provision of food or beverage takeaway or delivery services.

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 electronic communications services, networks and associated facilities (including wired and wireless telecommunication activities, satellite telecommunication activities, and other communications activities (including broadband, internet and cloud services providers) from providers Authorised by legislation);

(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 following services relating to rental and leasing activities

(a) property services (within the meaning of the

Property Services (Regulation) Act 2011

(No. 40 of 2011)), property letting and management services.

(b) 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.

(h) essential health and safety training (that cannot be done remotely)

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) activities relating to the management, protection, restoration and conservation of protected species, habitats and designated natural, archaeological and built heritage sites;

(l) providing security, care and maintenance of the premises, collections and objects under the care and management of the National Gallery of Ireland, the National Library of Ireland, the National Museum of Ireland, the National Concert Hall, the National Archives, the Irish Museum of Modern Art, the Chester Beatty Library and the Crawford Art Gallery;

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

(n) chaplaincy services;

(o) 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;

(p) services provided under the

Child Care Act 1991

(No. 17 of 1991);

(q) adoption services under the

Adoption Act 2010

(No. 21 of 2010);

(r) services provided to victims;

(s) 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;

(t) 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;

(u) 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;

(v) 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).

(w) Commercial Vehicle Roadworthiness Test services provided by the Road Safety Authority for the purposes of

section 5

of the

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

(No. 16 of 2012);

(x) National Car Test services provided by the Road Safety Authority for the purposes of section 18(8) of the

Road Traffic Act 1961

(No. 24 of 1961);

(y) statutory planning system activities, insofar they cannot be carried out remotely;

(z) National Driver Licence Service, insofar as it provides services by appointment to persons involved in the provision of essential services or essential retail outlets, and insofar as such services cannot be carried out remotely.

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) childcare services;

(u) anti-doping services in accordance with Part 4 of the

Sport Ireland Act 2015

(No. 15 of 2015).

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 and the Civil Defence, 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,

21 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. 7) Regulations (

S.I. No. 442 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. The Regulations remain in operation until 9 November 2020.

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

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

23

rd 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