S.I. No. 536/2020 - Health Act 1947 (Fixed Payment Notice and Dwelling Event Provisions) (Covid-19) Regulations 2020

1. (1) These Regulations may be cited as the Health Act 1947 (Fixed Payment Notice and Dwelling Event Provisions) (Covid-19) Regulations 2020.

(2) These Regulations shall come into operation on the 22nd day of November 2020.

2. In these Regulations, “Act of 1947” means the

Health Act 1947

(No. 28 of 1947).

3. The provisions specified in column (2) of Schedule 1, each of which is a penal provision for the purposes of section 31A of the Act of 1947, are prescribed to be fixed penalty provisions and the amount specified in column (3) of that Schedule, opposite a fixed penalty provision, is prescribed as the fixed payment in respect of the fixed penalty provision concerned.

4. Regulations 6(1) and 7A(1) of the

Health Act 1947

(Section 31A - Temporary Restrictions) (Covid-19) (No. 8) Regulations 2020 (

S.I. No. 448 of 2020

), being penal provisions for the purposes of section 31A of the Act of 1947, are prescribed to be dwelling event provisions.

5. The form set out in Schedule 2 is prescribed for the purposes of sections 31A(6C)(c) and 31C(1) of the Act of 1947.

Schedule 1

Regulation 3

Column 1

Column 2

Column 3

Paragraph

Fixed penalty provision

Fixed payment

1.

Regulation 7(4) of the

Health Act 1947

(Section 31A - Temporary Restrictions) (Covid-19) (Face Coverings on Public Transport) Regulations 2020 (

S.I. No. 244 of 2020

)

€80

2.

Regulation 4(1) of the

Health Act 1947

(Section 31A - Temporary Restrictions) (Covid-19) (Face Coverings in Certain Premises and Businesses) Regulations 2020 (

S.I. No. 296 of 2020

)

€80

3.

Regulation 5(1) of the

Health Act 1947

(Section 31A - Temporary Restrictions) (Covid-19) (No. 8) Regulations 2020 (

S.I. No. 448 of 2020

)

€100

4.

Regulation 7A(1) of the

Health Act 1947

(Section 31A - Temporary Restrictions) (Covid-19) (No. 8) Regulations 2020 (

S.I. No. 448 of 2020

)

€150

5.

Regulation 6(1) of the

Health Act 1947

(Section 31A - Temporary Restrictions) (Covid-19) (No. 8) Regulations 2020 (

S.I. No. 448 of 2020

)

€500

6.

Regulation 8(1) of the

Health Act 1947

(Section 31A - Temporary Restrictions) (Covid-19) (No. 8) Regulations 2020 (

S.I. No. 448 of 2020

)

€500

Schedule 2

Regulation 5

GIVEN under my Official Seal,

21 November, 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 provide for certain penal provisions in Regulations made under Section 31A of the

Health Act 1947

to be fixed penalty and/or dwelling event provisions.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

24

th November,

2020.

I, STEPHEN DONNELLY, Minister for Health, in exercise of the powers conferred on me by

sections 5

, 31A and 31C (inserted by

section 4

of the

Health (Amendment) Act 2020

(No. 19 of 2020)) of the

Health Act 1947

(No. 28 of 1947) -

(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 section 31A(2) of that Act,

(b) as regards Regulation 3, having regard also to the matters specified in section 31A(6C)(b) of that Act,

(c) as regards Regulation 4, having regard also to the matters specified in section 31A(6D)(b) of that Act, and

(d) having consulted with the Minister for Justice,

hereby make the following regulations