(LRC Revised)

Number 14 of 2020

CRIMINAL JUSTICE (ENFORCEMENT POWERS) (COVID-19) ACT 2020

REVISED

Updated to 10 February 2022

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an

administrative consolidation of the

Criminal Justice (Enforcement Powers) (Covid-19)

Act 2020

. It is prepared by the Law Reform Commission in accordance with its

function under the

Law Reform Commission Act 1975

(3/1975) to keep the law under

review and to undertake revision and consolidation of statute law.

All Acts up to and including the

Electricity Costs (Domestic

Electricity Accounts) Emergency Measures Act 2022

(1/2022), enacted 4 March 2022,

and all statutory instruments up to and including the

European Union Habitats

(Buckroney-Brittas Dunes and Fen Special Area of Conservation 000729) Regulations

2022

(S.I. No. 67 of 2022), made 10 February 2022, were considered in the

preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

14

of

2020

CRIMINAL JUSTICE (ENFORCEMENT POWERS) (COVID-19) ACT 2020

REVISED

Updated to 10 February

2022

CONTENTS

Section

1. Interpretation

2. Application of Act

3. Entry, inspection, etc., of relevant premises by member

4. Immediate closure order for failure or refusal to comply with direction

5. Application for emergency closure order for failure or refusal to comply with more

than one direction

6. Compliance notice

7. Application to District Court for temporary closure order for failure or refusal

to comply with compliance notice

8. Emergency closure order and temporary closure order: applicable provisions

9. Appeal against compliance notice

10. Appeal against temporary closure order

11. Grounds for objection to renewal of licences

12. Grounds for objection to renewal of certificates under Act of 1904

13. Amendment of section 31A of Health Act 1947

14. Liability for offences by bodies corporate

15. Exercise of jurisdiction by District Court and Circuit Court

16. Service of documents

17. Short title and operation

Acts Referred to

Courts (No. 2) Act 1986

(No. 26)

Health Act 1947

(No. 28)

Legal Services Regulation Act 2015

(No. 65)

Registration of Clubs (Ireland) Act 1904

(4 Edw. 7, c. 9

Registration of Clubs Acts 1904 to 2008

Number

14

of

2020

CRIMINAL JUSTICE (ENFORCEMENT POWERS) (COVID-19) ACT 2020

REVISED

Updated to 10 February

2022

An Act to make exceptional

provision, in the public interest and having regard to the manifest and grave risk

to human

life and public health posed by the spread of the disease known as Covid-19 and in

order to

mitigate, where practicable, the effect of the spread of that disease, to provide

for

additional enforcement measures in respect of certain premises where intoxicating

liquor is

sold or supplied for consumption on the premises to ensure compliance with certain

requirements, imposed by or under the

Health Act 1947

, breaches of which constitute criminal

offences; to provide for additional bases for objection on the ground of good character

to

renewal of licences for certain premises; to provide for additional bases for objection

on

the ground of character to renewal of certificates of registration for clubs; to amend

the

Health Act 1947; and to provide for related matters.

[11

th

September

, 2020]

WHEREAS an emergency has arisen and

continues in the State by virtue of the spread of the disease known as Covid-19;

AND WHEREAS the State is and its

citizens are, in significant respects, highly exposed to the effect of the spread

of that

disease;

AND WHEREAS the State, having regard

to the need to preserve and protect public health, has introduced a range of extraordinary

measures and safeguards to prevent, minimise, limit or reduce the risk of persons

being

infected with that disease;

AND WHEREAS the emergency that has

arisen and continues is of such a character that it is necessary for compelling reasons

of

public interest and for the common good to provide in this Act for additional powers

of

enforcement of certain of those extraordinary measures and safeguards in relation

to

certain premises where intoxicating liquor is sold or supplied for consumption on

the

premises;

AND WHEREAS it is necessary to

provide for those additional powers of enforcement in relation to such premises in

order to

assist and support the State’s efforts to promote and maintain the normal functioning

of society, to protect the gradual re-opening of society and, to the greatest extent

possible, to avoid the imposition or re-imposition of restrictions thereon.

Be it enacted by the Oireachtas

as follows

Annotations

Modifications (not altering

text)

C1

Application of Act

extended and references construed (3.07.2021) by

Civil Law (Miscellaneous

Provisions) Act 2021

(14/2021), ss. 4(1), 5, commenced as per s. 9(3),

subject to transitional provisions in s. 4(2).

Application of Act of 2020 to

outdoor seating area in respect of certain enactments and authorisation

4.

(1) The Act of 2020

shall apply to an outdoor seating area in respect of a provision of an enactment

or an authorisation referred to in section 3 (1) as the Act applies to a relevant

premises in respect of a relevant provision subject to the following

modifications—

(a) a reference in that Act to a

direction given under section 31A(7) of the Health Act 1947 (howsoever expressed)

in respect of a relevant premises shall be construed as a reference to direction

given under section 3 in respect of an outdoor seating area,

(b) a reference in that Act to a

relevant premises shall be construed as a reference to an outdoor seating area

save that the requirement in section 8 of that Act to affix a notice to the

exterior of a premises shall remain in so far as the notice relates to an outdoor

seating area,

(c) a reference in that Act to a

relevant provision shall be construed as a reference to a provision of the

enactment or authorisation concerned, and

(d) a reference in that Act to

the relevant period shall, in relation to an outdoor seating area, be taken to be

the period of the day during which the sale or supply of intoxicating liquor in

that area is lawful in accordance with section 2 (4).

(2) The Act of 2020 shall

continue to apply for the purposes of subsection (1) notwithstanding that the

Act—

(a) ceases to be in operation in

accordance with section 17 (as amended by section 3 of the Health and Criminal

Justice (Covid-19) (Amendment) Act 2021) of that Act, or

(b) is repealed,

whichever first occurs.

Extension of application of

Act of 2020 to outdoor seating area

5.

The Act of 2020 shall

apply to an outdoor seating area as it applies to a relevant premises (within the

meaning of that Act) and a reference in that Act to a relevant premises shall be

taken to include a reference to an outdoor seating area which relates to the

relevant premises.

Annotations

Modifications (not altering

text)

C1

Application of Act

extended and references construed (3.07.2021) by

Civil Law (Miscellaneous

Provisions) Act 2021

(14/2021), ss. 4(1), 5, commenced as per s. 9(3),

subject to transitional provisions in s. 4(2).

Application of Act of 2020 to

outdoor seating area in respect of certain enactments and authorisation

4.

(1) The Act of 2020

shall apply to an outdoor seating area in respect of a provision of an enactment

or an authorisation referred to in section 3 (1) as the Act applies to a relevant

premises in respect of a relevant provision subject to the following

modifications—

(a) a reference in that Act to a

direction given under section 31A(7) of the Health Act 1947 (howsoever expressed)

in respect of a relevant premises shall be construed as a reference to direction

given under section 3 in respect of an outdoor seating area,

(b) a reference in that Act to a

relevant premises shall be construed as a reference to an outdoor seating area

save that the requirement in section 8 of that Act to affix a notice to the

exterior of a premises shall remain in so far as the notice relates to an outdoor

seating area,

(c) a reference in that Act to a

relevant provision shall be construed as a reference to a provision of the

enactment or authorisation concerned, and

(d) a reference in that Act to

the relevant period shall, in relation to an outdoor seating area, be taken to be

the period of the day during which the sale or supply of intoxicating liquor in

that area is lawful in accordance with section 2 (4).

(2) The Act of 2020 shall

continue to apply for the purposes of subsection (1) notwithstanding that the

Act—

(a) ceases to be in operation in

accordance with section 17 (as amended by section 3 of the Health and Criminal

Justice (Covid-19) (Amendment) Act 2021) of that Act, or

(b) is repealed,

whichever first occurs.

Extension of application of

Act of 2020 to outdoor seating area

5.

The Act of 2020 shall

apply to an outdoor seating area as it applies to a relevant premises (within the

meaning of that Act) and a reference in that Act to a relevant premises shall be

taken to include a reference to an outdoor seating area which relates to the

relevant premises.

CONTENTS

Section

1. Interpretation

2. Application of Act

3. Entry, inspection, etc., of relevant premises by member

4. Immediate closure order for failure or refusal to comply with direction

5. Application for emergency closure order for failure or refusal to comply with more

than one direction

6. Compliance notice

7. Application to District Court for temporary closure order for failure or refusal

to comply with compliance notice

8. Emergency closure order and temporary closure order: applicable provisions

9. Appeal against compliance notice

10. Appeal against temporary closure order

11. Grounds for objection to renewal of licences

12. Grounds for objection to renewal of certificates under Act of 1904

13. Amendment of section 31A of Health Act 1947

14. Liability for offences by bodies corporate

15. Exercise of jurisdiction by District Court and Circuit Court

16. Service of documents

17. Short title and operation

Number

14

of

2020