S.I. No. 217/2021 - Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) Regulations 2021

1. Theatres and concert halls.

2. Cinemas.

3. Art galleries (other than privately owned art galleries offering artworks for sale) except insofar as they operate to provide general admittance to members of the public.

4. Museums, except insofar as they operate to provide general admittance to members of the public.

5. Libraries, except insofar as they operate to provide lending services to members of the public.

6. Cultural indoor attractions, except insofar as they operate to provide general admittance to members of the public.

7. Circuses.

8. Nightclubs and discotheques, including those licenced under the

Public Dance Halls Act 1935

(No. 2 of 1935).

9. Bingo halls.

10. Private Members’ Clubs (howsoever described) where gaming (within the meaning of the

Gaming and Lotteries Act 1956

(No. 2 of 1956)) is carried on exclusively amongst members of the Private Members’ Club and is the primary purpose of such Private Members’ Club.

11. Ice skating rinks.

12. Roller skating rinks.

13. Indoor leisure facilities, including dance studios and gyms.

14. Swimming pools.

15. Bowling alleys, amusement arcades, soft play areas and other indoor children’s play areas.

16. Funfairs, including funfairs within the meaning of the

Gaming and Lotteries Act 1956

(No. 2 of 1956).

17. Amusement halls licensed in accordance with the

Gaming and Lotteries Act 1956

(No. 2 of 1956).

18. Amusement parks and theme parks.

19. Outlets selling food or beverages whether on a retail or wholesale basis and whether in a non-specialised or specialised outlet except -

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

(b) insofar as they are staff canteens operating for the exclusive use of persons working in, or at, a particular premises,

(c) hotels or similar accommodation services to guests travelling for purposes other than social, recreational, cultural or tourist purposes

(d) 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, or

(e) hotel or similar accommodation services to guests attending a wedding.

20. Campsites.

21. Caravan parks, except –

(a) insofar as they provide shared facilities, and

(b) insofar only as they permit access to owners (and the households of such owners) of stationary mobile homes or caravans situated in the caravan park.

22. Outlets that are not permitted outlets.

GIVEN under my Official Seal,

9 May, 2021.

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) Regulations 2021 (

S.I. No. 168 of 2021

), as amended. 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. The Regulations remain in operation until 02 June 2021.

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

23. Botanical gardens.

24. Nature reserves.

25. Outdoor heritage sites.

26. Outdoor tourism sites.

27. Zoos that are -

(a) licenced in accordance with the European Communities (Licensing and Inspection of Zoos) Regulations 2003 (

S.I. No. 440 of 2003

), or

(b) exempted from the requirements of the European Communities (Licensing and Inspection of Zoos) Regulations 2003 in accordance with Regulation 11 of those Regulations.

28. Wildlife parks, or other outdoor animal collection, that are not zoos.

29. Outdoor premises that maintain farm animals in order to attract visitors for leisure purposes.

30. Premises used for outdoor sporting, outdoor recreational or outdoor exercise purposes.

31. Without prejudice to the foregoing paragraphs, premises owned or operated by a local authority provided that such access is granted, or otherwise permitted, only to such part of the premises as is made available to members of the public for the use of toilet facilities.

SCHEDULE 2

Regulation 12

Relevant businesses

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

11

th May,

2021.

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 Foreign Affairs, the Minister for Housing, Local Government and Heritage, the Minister for Transport, the Minister for Enterprise, Trade and Employment, the Minister for Finance, the Minister for Justice and the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media,

hereby make the following regulations

PART 1

Preliminary and General

Citation, commencement and operation