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Jurisdiction: Northern Ireland
Commencement: 7th July 2021
Amends: The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021
Restrictions on premises that hold an occasional liquor licence are updated to add that a person responsible for operating a business or members’ club must require attendees to obtain tickets in advance.
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Jurisdiction: England
Commencement: 18th July 2021
Amends: The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020
The expiry date for these Regulations has been extended to the 27th September 2021.
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Jurisdiction: Northern Ireland
Commencement: 9 April 2021
Amends: New Legislation
These Regulations are designed to protect public health by preventing the spread of Coronavirus (COVID-19).
The Regulations apply to various types of businesses and other organisations that are required to close or restrict their activities. They also apply to individuals, prohibiting people from attending certain types of gatherings, or from entering certain restricted places.
These Regulations apply in Northern Ireland only. There are different Regulations in England, Scotland and Wales. Note that the requirements differ between jurisdictions.
These Regulations came into force on 9th April 2021 and revoke The Health Protection (Coronavirus, Restrictions) (No. 2) Regulations (Northern Ireland) 2020.
The Regulations impose requirements on various types of businesses and organisations that are required to close in order to restrict the spread of Coronavirus. The requirements are restricted to businesses where significant numbers of people congregate, or where there is a higher risk of transmission of Coronavirus due to close personal contact.
The Regulations give the Department of Health power to issue an order for the closure or partial restriction of specific places. Where this occurs, local authorities or organisations that control restricted places must take reasonable steps to prevent people from entering the restricted place.
Requirement to close businesses and other premises
Persons responsible for the running of businesses or other premises listed in Part 1 of Schedule 1 must close those businesses or other premises.
Exemptions
Essential retail businesses (listed in Part 2 of Schedule 1) are not required to close.
Non-essential retail businesses (those not listed in Part 2 of Schedule 1) may continue to operate via delivery or click and collect services where the order and payment is received via:
Restrictions on the hospitality sector
A person responsible for carrying on a business or a members’ club which sells or provides food or drink (including alcohol) for consumption on the premises must:
Food or drink, not including alcohol, may still be sold for consumption off the premises (e.g. take away food services) where orders are placed between 5:00am and 11:00pm.
Restrictions on off-licence businesses
A person responsible for carrying on a business which sells or provides alcohol for consumption off the premises (but not including a bar, members’ club or public house) may continue to do so between:
Restrictions on indoor gatherings
Indoor gatherings are only permitted if they are attended by no more than 6 persons from no more than 2 households.
Restrictions on outdoor gatherings
Outdoor gatherings are only permitted if they are attended by no more than 10 persons from no more than 2 households.
Exemptions
Exemptions to the restrictions on indoor and outdoor gatherings can be found in regulation 9(4) and regulation 9(5).
Organising a specified event/activity
Organising one of the following events comes with specific requirements:
The person organising the event/activity must complete a risk assessment that satisfies the requirements laid out in The Management of Health and Safety at Work Regulations (Northern Ireland) 2000 and takes all reasonable measures to limit the risk of transmission of Coronavirus by complying with any guidance issued by the Department of Health.
Up to 4 visitors are now allowed into venues hosting wedding/civil partnership ceremonies for the purposes of viewing the facility.
Note the restrictions on gatherings do not apply where it is necessary to avoid injury, illness, escape risk of harm or to provide emergency or medical assistance to any person.
Restrictions on sporting events
Individuals are prohibited from organising, operating or participating in an indoor or outdoor sporting event.
Exemptions to restrictions on sporting events
No person may stay overnight from the place where they or members of their linked household normally live without reasonable excuse. A person may be exempt from this requirement if they have a reasonable excuse, a list of the accepted reasonable excuses can be found in regulation 13(2).
Collection of visitor information
A person responsible for providing close contact services, services listed in regulation 15(1b) or organising a gathering which is a marriage/civil partnership ceremony are required to:
Visitor information must be provided within 24 hours, upon request of a relevant person**.
*Visitor information includes:
** A relevant person is:
A person responsible for operating a close contact service listed in Schedule 2 must stop providing that service. Close contact services may still operate only if one of the following conditions are met:
A person responsible for the organisation or operation of a relevant place* must take reasonable measures to ensure that their representatives, employees and visitors to such a place, comply with social distancing measures at all times.
*A relevant place is:
**Social distancing measures are actions taken for the purpose of minimising the risk of exposure to or spread of Coronavirus (COVID-19).
Social distancing measures require a responsible person to take reasonable steps to ensure:
Where it is not reasonably practicable for a social distance of 2 metres to be maintained, a responsible person should take reasonable steps to ensure that:
The Regulations provide enforcement powers to police constables and other such persons designated by the Department of Health.
Enforcement powers include:
These powers should only be used where they are necessary and proportionate.
Note: A person to whom a premises improvement notice or a prohibition notice is issued may appeal to a court of summary jurisdiction against the notice within 7 days after the day the notice is issued.
These Regulations provide that enforcement officials can serve a fixed penalty notice. The amount of a fixed penalty notice for businesses or organisers of events ranges from £1,000 for a first incident of receiving the notice, up to a maximum of £10,000 for repeated infringements. The Regulations set out procedural rules concerning fixed penalty notices, including the circumstances and processes by which a person who has received a fixed penalty notice can challenge it.
Link to full government text
The following changes to the requirements are made:
Link to full government text – Amendment
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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: 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: England
Commencement: 10th February 2020
These Regulations only apply when the Secretary of State has declared that Coronavirus presents a serious and imminent threat to public health. In such an event, the measures outlined in these Regulations may be implemented to prevent further spread of the virus.
As of 10th February 2020, these Regulations do not create any duties for businesses. They apply only within England and only when the Secretary of State has declared that Coronavirus constitutes a serious and imminent threat to public health. In such an event, the measures outlined in the Regulations may be implemented to prevent further spread of the virus.
This summary refers to “Coronavirus” which means the virus known as “Wuhan novel coronavirus (2019-nCoV)” or “COVID-19”.
The Secretary of State may declare a serious and imminent threat to public health from Coronavirus by publishing a notice to this effect on www.gov.uk and in the London Gazette. In the event of such a declaration, these Regulations allow the Secretary of State or a Registered Public Health Consultant to detain and isolate a person or group of people to prevent or limit the spread of Coronavirus.
When the Secretary of State has decided that there is no longer a serious and imminent threat to public health from the virus, the declaration will be revoked by publishing a notice on www.gov.uk and the London Gazette.
Reference to an infected area in this summary means an area on the list of infected areas published on www.gov.uk.
Detention by the Secretary of State or a Registered Public Health Consultant
The following people may be detained:
The individual person or group may be detained for up to 48 hours or until screening has been completed. Failure to comply with the detention is a criminal offence. Where the person being detained is a child (under 18 years of age) a responsible adult must ensure the child adheres to the detention.
A person arriving from an infected area, or a person known or suspected to be infected or contaminated with the Coronavirus will be subject to a screening process, which may include:
If the person is under 18 years of age, a responsible adult must be present during the screening process. The responsible adult must also ensure the child provides information, blood and nasal samples, as required. The responsible adult must provide any requested documentation on behalf of the child.
Screening and assessment may take place at a designated location. Failing to comply with the screening process or to move to the designated location when directed, is a criminal offence.
Following assessment and screening, a person suspected of or known to be infected with Coronavirus, or a person arriving from an infected area, may be subject to special restrictions including contact with other people (isolation) and travel or other activities, for a period of up to 14 days to prevent the spread of the virus. Where the person is under 18 years of age, a responsible adult must ensure the child conforms to any restrictions imposed.
Restrictions may be altered or extended to continue to protect against infection or contamination of others.
The intention to impose, alter or extend any restriction must be communicated to the person (or the responsible adult where the person is a child) before being implemented.
The person or responsible adult is entitled to express an opinion on the suitability of any restriction to be imposed. This opinion must be considered, before a decision is made regarding the restriction. Failure to comply with any special restriction imposed is a criminal offence.
In addition to the offences mentioned above, the following offences also attract a fine of up to £1000 upon conviction:
These Regulations come into effect on 10th February 2020 and will remain in force for a period of 2 years.
As of 10th February 2020, these Regulations do not create any duties for businesses.
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Jurisdiction: Wales
Commencement: 18th March 2020
These Regulations only apply when the Welsh Ministers declare that Coronavirus presents a serious and imminent threat to public health. In such an event, the measures outlined in these Regulations may be implemented to prevent further spread of the virus.
As of 18th March 2020, these Regulations do not create any duties for businesses. They apply only within Wales and only when the Welsh Ministers have declared Coronavirus as a serious and imminent threat to public health. In such an event, the measures outlined in the Regulations may be implemented to prevent further spread of the virus.
This summary refers to “Coronavirus” which means the virus known as “Wuhan novel coronavirus (2019-nCoV)” or “COVID-19”.
The Welsh Ministers may declare a serious and imminent threat to public health from Coronavirus by publishing a notice to this effect on https://gov.wales, in the London Gazette, and in at least one newspaper circulating in Wales. In the event of such a declaration, these Regulations allow Welsh Ministers or a Registered Public Health Consultant to detain and isolate a person or group of people to prevent or limit the spread of Coronavirus.
When the Welsh Ministers have decided that there is no longer a serious and imminent threat to public health from the virus, they should publish a notice to this effect on https://gov.wales, in the London Gazette, and in at least one newspaper circulating in Wales.
Reference to an infected area in this summary means an area on the list of infected areas published on www.gov.uk.
Detention by the Welsh Ministers or a Registered Public Health Consultant
The following people may be detained:
The individual person or group may be detained for up to 48 hours or until screening has been completed. Failure to comply with the detention is a criminal offence. Where the person being detained is a child (under 18 years of age) a responsible adult must ensure the child adheres to the detention.
A person arriving from an infected area, or a person known or suspected to be infected or contaminated with the Coronavirus will be subject to a screening process, which may include:
If the person is under 18 years of age and is accompanied by a responsible adult, it is the responsibility of that responsible adult to ensure that the child provides information, plus blood and nasal samples, as required. The responsible adult must also provide any requested documentation on behalf of the child.
Screening and assessment may take place at a designated location. Failing to comply with the screening process or to move to the designated location when directed, is a criminal offence.
Following assessment and screening, a person suspected of or known to be infected with Coronavirus and who presents a risk of contaminating others, or a person arriving from an infected area, may be subject to further restrictions including contact with other people (isolation) and travel or other activities, for a period of up to 14 days to prevent the spread of the virus. Where the person is under 18 years of age, a responsible adult must ensure the child conforms to any restrictions imposed.
Restrictions may be altered or extended to continue to protect against infection or contamination of others.
The intention to impose, alter or extend any restriction must be communicated to the person (or the responsible adult where the person is a child) before being implemented.
The person or responsible adult is entitled to express an opinion on the suitability of any restriction to be imposed. This opinion must be considered, before a decision is made regarding the restriction. Failure to comply with any special restriction imposed is a criminal offence.
A person on whom a restriction has been imposed, or, if a restriction has been imposed on a child, a person with parental responsibility, may appeal to the magistrates’ court against the imposition of a condition or restriction.
Under these Regulations, police constables are granted the power to detain, direct or remove a person, in order to protect public safety.
Where a person is required to be detained or kept in isolation a police constable may use reasonable force, as necessary to:
A police constable may direct a person to go immediately to a hospital or other suitable place, where they suspect that the person is infected with the Coronavirus; there is a risk that the person could infect others; and it is necessary to remove, direct or detain the person to ensure greater public safety.
In addition to the offences mentioned above, the following offences also attract a fine of up to £1000 upon conviction:
These Regulations come into effect on 18th March 2020 and will remain in force for a period of 2 years.
As of 18th March 2020, these Regulations do not create any duties for businesses.
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