(LRC Revised)

Number 2 of 2020

EMERGENCY MEASURES IN THE PUBLIC INTEREST (COVID-19) ACT 2020

REVISED

Updated to 12 November 2024

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

Emergency Measures in the Public Interest (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

Finance Act 2024

(43/2024), enacted 12 November 2024, and all statutory instruments up to and

including the

Property Services (Regulation) Act 2011 (Professional Indemnity Insurance) (Amendment)

Regulations 2024

(S.I. No. 699 of 2024), made 12 November 2024, 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

2

of

2020

EMERGENCY MEASURES IN THE PUBLIC INTEREST (COVID-19) ACT 2020

REVISED

Updated to 12 November 2024

CONTENTS

PART 1

Preliminary and General

Section

1. Short title, commencement and operation

2. Definition

PART 2

Operation of Residential Tenancies Act 2004

3. Interpretation

4. Extension of emergency period

5. Notices of termination under Act of 2004

6. Prohibition on rent increases under Act of 2004

7. Proceedings before Tenancy Tribunal

8. Entitlement to remain in occupation of dwelling during emergency period

PART 3

Calculation of Time Limits Relating to Planning and Development

9. Calculation of time limits during emergency

PART 4

Amendments to Certain Acts Regulating Health and Social Care Professions

10. Special measures registration having regard to Covid-19

11. Special measures registration having regard to Covid-19

12. Special measures registration having regard to Covid-19

13. Amendment of Medical Practitioners Act 2007 - insertion of sections 110 and 111

14. Special measures registration having regard to Covid-19

PART 5

Amendments to Mental Health Act 2001

15. Definition (Part 5)

16. Exigencies of public health emergency

17. Amendment of section 17 of Act of 2001

18. Amendment of section 18 of Act of 2001

19. Amendment of section 28 of Act of 2001

20. Amendment of section 48 of Act of 2001

21. Amendment of section 49 of Act of 2001

22. Amendment of section 58 of Act of 2001

23. Certain provisions of Act of 2001 not to have effect

24. Transitional provisions

PART 6

Amendment to Defence Act 1954: Re-enlistment of Formerly Enlisted Persons

25. Interpretation

26. Amendment of Defence Act 1954: re-enlistment of formerly enlisted persons

27. Provisions governing return of reservists to employment

PART 7

Covid-19: Temporary Wage Subsidy Provisions

28. Covid-19: temporary wage subsidy provisions

28A. Objectives of section 28B, purposes for which its provisions are enacted and

certain duty of Minister for Finance respecting those provisions’ operation

28B. Covid-19: employment wage subsidy scheme

28C. Covid-19

special warehousing and interest (relevant tax due under section 28(9))

28D. Covid-19

special warehousing and interest (relevant tax due under section 28B(11))

PART 8

Amendment to Redundancy Payments Act 1967

29. Operation of section 12 - emergency period

PART 9

Amendments to Civil Registration Act 2004

30. Definition (Part 9)

31. Performance of functions of registrar and Superintendent Registrar by staff of

Ard-Chláraitheoir in certain exceptional circumstances

32. Alleviation of requirement on certain persons to appear in person under Part 3

of Act of 2004

33. Alleviation of requirement on certain persons to appear in person under Part 5

of Act of 2004

Acts Referred to

Building Control Act 1990

(No. 3)

Civil Registration Act 2004

(No. 3)

Corporation Tax Acts

Defence Act 1954

(No. 18)

Dentists Act 1985

(No. 9)

Derelict Sites Act 1990

(No. 14)

Health and Social Care Professionals Act 2005

(No. 27)

Income Tax Acts

Medical Practitioners Act 2007

(No. 25)

Mental Health Act 2001

(No. 25)

Nurses and Midwives Act 2011

(No. 41)

Payment of Wages Act 1991

(No. 25)

Pharmacy Act 2007

(No. 20)

Planning and Development (Housing) and Residential Tenancies Act 2016

(No. 17)

Planning and Development Act 2000

(No. 30)

Redundancy Payments Act 1967

(No. 21)

Residential Tenancies (Amendment) Act 2019

(No. 14)

Residential Tenancies Act 2004

(No. 27)

Social Welfare Acts

Taxes Consolidation Act 1997

(No. 39)

Urban Regeneration and Housing Act 2015

(No. 33)

Number

2

of

2020

EMERGENCY MEASURES IN THE PUBLIC INTEREST (COVID-19) ACT 2020

REVISED

Updated to 12 November 2024

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 and to mitigate the adverse economic consequences resulting,

or likely to result from the spread of that disease and to mitigate its impact on

the administration of vital public service functions; to make provision in relation

to the operation of certain provisions of the

Residential Tenancies Act 2004

during the period of 3 months following the enactment of this Act and such further

period (if any) as may be specified by order of the Government; to amend the

Planning and Development Act 2000

to provide, in certain circumstances, for the disregard of a certain period in the

calculation of time limits referred to in that Act and in certain other enactments;

to provide for the registration of certain health and social care professionals to

fulfil the need for medical resources to alleviate the risk from Covid-19 to human

life and public health and for those and related purposes to amend the

Dentists Act 1985

, the

Health and Social Care Professionals Act 2005

, the

Pharmacy Act 2007

, the

Medical Practitioners Act 2007

, and the

Nurses and Midwives Act 2011

; to make provision, due to the exigencies of the public health emergency posed by

the spread of Covid-19, for certain amendments and modifications to the provisions

of the

Mental Health Act 2001

relating to the carrying out of reviews under section 18 of that Act; to amend the

Defence Act 1954

to enable the re-enlistment of formerly enlisted persons; to enable the provision

of a temporary wage subsidy to certain employees; to make provision in relation to

the operation of certain provisions of the

Redundancy Payments Act 1967

for a certain period following the enactment of this Act and such further period

(if any) as may be specified by order of the Government and, for that purpose, to

amend the

Redundancy Payments Act 1967

; to make provision allowing for the modified operation of certain aspects of the

civil registration system, if required, for a limited period and such further period

(if any) as may be specified by order of the Government, including by way of allowing

certain persons to provide particulars to a registrar in writing rather than by appearing

in person, and by allowing the staff of an tArd-Chláraitheoir to perform the functions of certain registrars in circumstances where the

civil registration system is not available or able to perform its statutory functions

as it ordinarily would be, and for those purposes, to amend the

Civil Registration Act 2004

; and to provide for related matters.

[27

th

March

, 2020]

WHEREAS an emergency has arisen 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 having regard to the constitutional

duty of the State to respect and, as far as practicable, by its laws to defend and

vindicate the rights of citizens to life and to bodily integrity, it is necessary

to introduce 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 is of such a character that it is necessary

for compelling reasons of public interest and for the common good that extraordinary

measures should be taken to mitigate, to the extent practicable, the adverse economic

consequences resulting, or likely to result, from the spread of that disease and to

mitigate its impact on the administration of vital public service functions;

Be it enacted by the Oireachtas as follows

CONTENTS

PART 1

Preliminary and General

Section

1. Short title, commencement and operation

2. Definition

PART 2

Operation of Residential Tenancies Act 2004

3. Interpretation

4. Extension of emergency period

5. Notices of termination under Act of 2004

6. Prohibition on rent increases under Act of 2004

7. Proceedings before Tenancy Tribunal

8. Entitlement to remain in occupation of dwelling during emergency period

PART 3

Calculation of Time Limits Relating to Planning and Development

9. Calculation of time limits during emergency

PART 4

Amendments to Certain Acts Regulating Health and Social Care Professions

10. Special measures registration having regard to Covid-19

11. Special measures registration having regard to Covid-19

12. Special measures registration having regard to Covid-19

13. Amendment of Medical Practitioners Act 2007 - insertion of sections 110 and 111

14. Special measures registration having regard to Covid-19

PART 5

Amendments to Mental Health Act 2001

15. Definition (Part 5)

16. Exigencies of public health emergency

17. Amendment of section 17 of Act of 2001

18. Amendment of section 18 of Act of 2001

19. Amendment of section 28 of Act of 2001

20. Amendment of section 48 of Act of 2001

21. Amendment of section 49 of Act of 2001

22. Amendment of section 58 of Act of 2001

23. Certain provisions of Act of 2001 not to have effect

24. Transitional provisions

PART 6

Amendment to Defence Act 1954: Re-enlistment of Formerly Enlisted Persons

25. Interpretation

26. Amendment of Defence Act 1954: re-enlistment of formerly enlisted persons

27. Provisions governing return of reservists to employment

PART 7

Covid-19: Temporary Wage Subsidy Provisions

28. Covid-19: temporary wage subsidy provisions

28A. Objectives of section 28B, purposes for which its provisions are enacted and

certain duty of Minister for Finance respecting those provisions’ operation

28B. Covid-19: employment wage subsidy scheme

28C. Covid-19

special warehousing and interest (relevant tax due under section 28(9))

28D. Covid-19

special warehousing and interest (relevant tax due under section 28B(11))

PART 8

Amendment to Redundancy Payments Act 1967

29. Operation of section 12 - emergency period

PART 9

Amendments to Civil Registration Act 2004

30. Definition (Part 9)

31. Performance of functions of registrar and Superintendent Registrar by staff of

Ard-Chláraitheoir in certain exceptional circumstances

32. Alleviation of requirement on certain persons to appear in person under Part 3

of Act of 2004

33. Alleviation of requirement on certain persons to appear in person under Part 5

of Act of 2004

Number

2

of

2020