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Jurisdiction: Republic of Ireland
Amends: Health Act 1947
The Health Act 1947 sets out a number of powers and functions relating to management and protection of public health. This may include detention of people with certain listed infectious diseases. There are no specific duties for employers under the Act.
The Act amends the Health Act 1947 to give the Minister power to make regulations for the protection of public health from the spread of coronavirus, and gives medical officers power to detain somebody suspected of being infected where that person cannot or will not self isolate themself in their own home. These changes are reflected in the ‘summary and duties’ section above.
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Jurisdiction: Republic of Ireland
Commencement: 24th March 2020
These Regulations implement European legislation which prevents the export of certain personal protective equipment (PPE) during the ongoing coronavirus pandemic.
This legislation implements Commission implementing Regulation (EU) 2020/402 making the exportation of certain products subject to the production of an export authorisation, which prevents the export of certain types of PPE outside the European Union. The objective is to preserve stocks of essential PPE within Europe during the Coronavirus (COVID-19) pandemic.
In order to assist EU Member States during the 2020 Coronavirus (COVID-19) pandemic, the European Commission has passed a directly acting Regulation (Commission implementing Regulation (EU) 2020/402 making the exportation of certain products subject to the production of an export authorisation). The EU Regulation requires that certain types of personal protective equipment cannot be exported outside the European Union unless an authorisation has been granted by the relevant competent authority in each Member State. (N.b. exports are still permitted to the UK during the Brexit transition period).
The European Union (Control of Exports of Personal Protective Equipment) Regulations 2020 provide that the Minister for Business, Enterprise and Innovation is the relevant competent authority for the Republic of Ireland.
The format for the export authorisation application form is set out in Schedule 1 to the Regulations.
Certain countries are excluded from the export ban i.e. PPE can be exported to the following countries without the need for prior authorisation:
The EU Regulation will only last 6 weeks from 20th March until 26th April 2020.
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Jurisdiction: Northern Ireland
Commencement: 28th March 2020
The Regulations are designed to protect public health by preventing the spread of COVID19 (i.e. Coronavirus). They apply to many types of business and other organisations, which are required to close or restrict their activities. They also apply to individuals, requiring people not to leave their homes except for certain specified reasons. The Regulations apply in Northern Ireland only (similar Regulations have been passed in England, Scotland and Wales).
The Regulations impose requirements on various types of businesses and organisations which are required to close in order to restrict the spread of Coronavirus. The types of business or organisation affected can be divided into the following categories:
The Regulations also list certain key businesses which are excepted from the restrictions.
The restrictions set out in these Regulations only apply during the ‘emergency period’. The emergency period starts on 28th March 2020. The emergency period ends in relation to any particular restriction or when the Department of Health issues a direction ending it.
The Department of Health issues must review the need for the restrictions at least every 21 days, commencing 18th April 2020.
The Department of Health must issue a direction ending any restrictions or requirements as soon as they are no longer necessary to protect public health from the spread of Coronavirus.
In any event, the Regulations expire after 6 months.
The Regulations require the following types of business to close:
Any person carrying on a relevant business listed above must:
Workplace canteens can remain open where there is no practical alternative for staff to obtain food.
The Regulations do not apply to cafes or canteens in hospitals, care homes, schools, prisons, or MoD establishments for use for naval, military or air force purposes. They also do not apply to services providing food or drink to the homeless.
The provision of room service in a hotel is excluded (i.e. hotels may continue to provide room service).
A business which sells hot or cold food for consumption off the premises is not required to close.
The Regulations require the following types of businesses to close:
Though otherwise required to close, cinemas, theatres, bingo halls, concert halls, museums, and galleries can be used to broadcast (by internet, television or radio) to people outside the premises.
Any suitable premises may still be used to host blood donation services.
The Regulations require all other businesses which supply goods for sale or hire to close. Libraries are included in this category (i.e. they must close).
The person carrying on any relevant business must close the premises and must not allow anybody onto the premises, except as set out below.
Although required to close, businesses supplying goods for sale or hire are permitted to continue to make deliveries or provide services for orders received by website, text, phone or post. The business may keep premises open and permit entry to people only to the extent required to make the deliveries or other services permitted here.
The person responsible for a business providing holiday accommodation must close the business, except where:
These must be closed except as follows:
These must be closed except where they provide essential voluntary activities or community support services (e.g. food banks, shelter for the homeless or vulnerable, blood donation or other emergency support).
These must remain closed to the public, except during a cremation or burial service.
If a business which is required to close forms part of a larger business, the larger business complies by closing the relevant part of the businesses which are required to close, i.e. those carrying on the types of business listed above.
The following types of businesses are excluded from the restrictions set out in these Regulations and may therefore continue to operate:
The Regulations also set out restrictions on personal movement. These apply to individuals, not businesses, but are set out here for information.
Individuals may not leave the place where they live, except in the following circumstances:
A person’s home includes the garden, and any paths, passageways, outhouses, etc.
Homeless people are specifically excluded from the above requirements.
The following people are classified as ‘vulnerable’:
It is prohibited to gather in groups of more than two a public place, except:
The Regulations provide enforcement powers to police constables and such people designated by the Department of Health.
Enforcement powers include:
These powers should only be used where they are necessary and proportionate.
Any person who contravenes the duties under these Regulations, or fails (without reasonable excuse) to comply with any direction from a person with enforcement powers, is guilty of an offence which is punishable by a fine.
If a company commits an offence due to the consent, connivance or neglect of a director, manager, secretary or other officer of that company, that person is also guilty of the offence.
The Regulations provide that enforcement officials can serve a fixed penalty notice. Payment of the notice by the person on whom it is served avoids the need for criminal proceedings. The amount of a fixed penalty notice ranges from £30 (first incident) up to £960 (repeated infringements). The Regulations set out procedural rules concerning fixed penalty notices, including the circumstances and process by which a person who has received a fixed penalty notice can challenge it.
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Jurisdiction: Republic of Ireland
Commencement: 31st March 2020
Amends: Planning and Development Act 2000
In order to relieve regulatory restrictions that could hinder the response to the Coronavirus (COVID-19) pandemic, the requirements of the Planning and Development Act 2000 will not apply to the following classes of development where they are carried out by or on behalf of a State authority:
These classes of development mean that buildings in those classes can have a change of use, be repurposed, and new temporary new-build accommodation can be constructed to respond to the COVID-19 situation.
This will apply between 31st March 2020 and until 9th November 2020, unless otherwise amended.
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Jurisdiction: Republic of Ireland
Commencement: 27th March 2020
Amends: Planning and Development Regulations 2001
The Planning and Development Regulations 2001 deal with practical matters such as requirements for site notices, fees for applications and time limits in relation to the Planning and Development Act 2000. The Regulations also cover Environmental Impact Assessment contents and exemptions.
A development consisting of a change of use for the sale of food for consumption on the premises to the sale of food for consumption off the premises, is added to the list of developments that are exempt from needing to comply with the Planning and Development Regulations 2001. This only applies between the 31st March 2020 and 9th November 2020, unless otherwise amended. It has been brought in as a response to the Coronavirus (COVID-19) pandemic, to allow restaurants, cafes, etc. that have had to close to be able to offer a take-away service where they did not previously.
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Jurisdiction: Republic of Ireland
Commencement: 27th March 2020
Amends: Planning and Development Act 2000
As a response to the Coronavirus (COVID-19) pandemic, any time limits in the following Acts, such as a “specified period” or “appropriate period”, should not include any time between 13th March 2020 and the date specified by the Government in a subsequent Order:
This will avoid any statutory deadlines being breached regarding planning and building development.
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Jurisdiction: Republic of Ireland
Commencement: 13th March 2020
Amends: Building Control Regulations 1997 to 2018
The Building Control Regulations 1997 to 2018 apply to new buildings, extensions, material alterations and changes of use of buildings. They detail, in relation to buildings, the health, safety and welfare of people, conservation of fuel and energy, and access for people with disabilities.
In order to relieve regulatory restrictions that could hinder the response to the Coronavirus (COVID-19) pandemic, the requirements of Parts II, III, IIIA (other than Article 20C), IIIB, IIIC and Article 43 (i.e. the majority) of the Building Control Regulations 1997 will not apply to the following where they are carried out by or on behalf of a State authority:
The classes of buildings given in Schedule 1 are:
Where any of these works are carried out, the State authority must serve a notice to the building control authority in the area where the works are being carried out. The notice is a “works (COVID-19 crisis) notice” and should be on the form given in Schedule 2. The declaration form in Schedule 3 should accompany the notice.
A building authority in receipt of such a notice and declaration should notify the relevant State authority that the forms are complete and contain all information required, or they may request further information from the State authority.
The requirement to obtain a regularisation certificate for new or extended buildings which don’t have a fire safety certificate, in Article 20C of the Building Control Regulations 1997, does not apply to the types of work carried out above if the building is demolished within 12 months of the end of the period which these additional measures are in place for. This is currently the 9th November 2020 but the date may be amended via the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020).
The measures described in these Regulations will apply between 13th March 2020 and until 9th November 2020, unless otherwise amended.
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Jurisdiction: Republic of Ireland
Commencement: 13th March 2020
Amends: Building Regulations 1997 (SI 497/1997) as amended
The Building Regulations 1997 (SI 497/1997) set out the requirements to be observed in the design and construction of new buildings and the extension, refurbishment and change of use of certain buildings.
In order to relieve regulatory restrictions that could hinder the response to the Coronavirus (COVID-19) pandemic, changes are made to the requirements regarding construction and alteration of buildings used in response to the situation.
Part L of Schedule 2 of the Building Regulations 1997 which requires buildings to be designed and constructed in a way to conserve fuel and energy as far as is practicable does not apply to the following where they are carried out by or on behalf of a State authority:
The classes of buildings this applies to are:
This applies between 13th March 2020 and until 9th November 2020, unless otherwise amended.
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Jurisdiction: Northern Ireland
Commencement: 1st April 2020
Amends: Single Use Carrier Bags Charge Regulations (Northern Ireland) 2013
The Single Use Carrier Bags Charge Regulations (Northern Ireland) 2013 introduce a 5 pence charge to be applied to all single use carrier bags (supplied new) in Northern Ireland. The charge applies to all single use bags, including those made from plastic, paper, plant-based material and natural starch.
Single use carrier bags solely used to carry goods supplied by a seller for home delivery, as part of a grocery service, do not need to be charged for between 1st April to 30th September 2020. After this date, large retailers will need to once again charge for single use carrier bags used for home delivery.
This 6 month exemption has been put in place as part of the response to the Coronavirus (COVID19) pandemic.
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Jurisdiction: Wales
Commencement: 8th April 2020
Amends: Single Use Carrier Bags Charge (Wales) Regulations 2010
The Single Use Carrier Bags Charge (Wales) Regulations 2010 introduce a minimum charge of 5 pence for every single use carrier bag supplied new. The charge applies to sales in-store and distance selling.
Single use carrier bags only intended for use to carry goods that have been purchased for delivery as part of a grocery service (e.g. bags used to hold groceries delivered to a household by a supermarket) or for collection of groceries (e.g. click and collect) do not need to be charged for between 8th April 2020 and 8th July 2020. After this date, retailers will need to once again charge a minimum of 5 pence for all single use carrier bags.
This temporary exemption has been put in place as part of the response to the Coronavirus (COVID19) pandemic.
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