Regulations made by the Department of Health and laid before the Assembly under section 25Q (Emergency procedure) of the Public Health Act (Northern Ireland) 1967, for approval of the Assembly before the expiration of 28 days beginning with the day on which they are made.

Statutory Rules of Northern Ireland

2021 No. 97

Public Health

The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment) Regulations (Northern Ireland) 2021

Made

at 7.30 p.m. on 10th April 2021

Laid before the Assembly

at 9.00 a.m. on 12th April 2021

Coming into operation

at 9.00 a.m. on 12th April 2021

The Department of Health( 1), makes the following Regulations in exercise of the powers conferred by sections 25C(1), (3)(c), (4)(d) and 25F(2) of the Public Health Act (Northern Ireland) 1967( 2).

These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Northern Ireland.

The Department of Health considers that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.

In accordance with section 25Q of that Act the Department of Health is of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft having been laid before, and approved by a resolution of, the Assembly.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment) Regulations (Northern Ireland) 2021.

(2) These Regulations come into operation on 12th April 2021.

Amendment of the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021

2. The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021( 3)are amended in accordance with these Regulations.

3. In regulation 1(2)—

(1) at the appropriate place insert—

““educational activity” means education—

(a)

in a pre-school setting participating in the Pre-School Education Programme;

(b)

in a school;

(c)

in an EOTAS (“Education Other Than At School”) Centre;

(d)

in an Institute of Higher or Further Education;

(e)

provided by a provider delivering targeted Early Years provision funded by the Department of Education; or

(f)

provided by a provider delivering the youth work curriculum ‘A Model of Effective Practice’; ”and

(2) in the definition of “elite athlete”, after “For the purposes of the definition of “elite athlete”” insert “and of regulation 11 (Restrictions on sporting events)”.

4. In regulation 4(1) omit “or a retail business referred to in paragraph (4)”.

5. For regulation 4(3)(b) substitute—

“(b) allow a customer to collect goods from its premises, where that customer has, in advance of their collection—

(i) requested or ordered the goods by on-line communication, telephone, text or electronic messaging or post and,

(ii) paid for them; and ”.

6. Omit regulation 4(4).

7. After regulation 9(4)(f) insert—

“(g) a visit to a place where a marriage ceremony or civil partnership ceremony (not including a reception) may lawfully take place, for the purposes of viewing the facilities, provided that the gathering includes no more than four visitors and one member of staff of the place and that there is no more than one such visit at any one time. ”.

8. Omit regulation 9(7)(b).

9. Omit regulation 9(8)(a).

10. In regulation 11(3)(b), for “in or for a school or schools” substitute “or extra-curricular activity in or for a school or schools (but not including inter-school sport) ”.

11. After regulation 11(3)(d) insert–

“or

(e)

it consists of no more than 15 persons and is for the purpose of training organised by a club, individual or individuals affiliated, in each case, to a relevant sporting body or to an organisation that regulates and provides advice and guidance to members on matters relating to sport and physical activities. ”.

12. In regulation 12(1)(b), for “six” substitute “ten”.

13. Omit regulation 14.

14. In regulation 15(1)(c), for “,civil partnership ceremony or a funeral” substitute “or a civil partnership ceremony”.

15. After regulation 15(1)(c) insert—

“(d) responsible for organising or operating a gathering which is a visit for the purposes of viewing the facilities of a place where a marriage ceremony or civil partnership ceremony may take place, as permitted by regulation 9(4)(g). ”.

16. In regulation 22(4)(a), for “3 to 9” substitute “3 to 8”.

17. In regulation 23(6)(a), for “3 to 9” substitute “3 to 8”.

18. In schedule 1 Part 1, omit paragraph 1(10).

19. In schedule 1 Part 2, after paragraph 2(24) insert—

“(25) Car retailers.

(26) Retailers of light motor vehicles, lorries or trailers.

(27) Retailers of caravans or motorhomes.

(28) Retailers of agricultural or other large machinery.

(29) Garden centres and plant nurseries.

(30) Car Washes. ”.

Sealed with the Official Seal of the Department of Health at 7.30 p.m. on 10th April 2021

(L.S.)

Dr Lourda Geoghegan

A senior officer of the Department of Health

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 by providing for a click and collect service to be provided by non-essential retailers, allowing certain visitors to venues hosting wedding or civil partnership ceremonies, allowing up to ten people to meet outside at a private dwelling, removing regulation 14 (Restrictions on movement), and permitting the opening of further retail businesses as set out in the schedule 1; along with changes of a technical nature.

No regulatory impact assessment has been prepared for these Regulations.

( 1)

Formerly the Department of Health, Social Services and Public Safety; see 2016 c. 5 (N.I.), s. 1(5)

( 2)

1967 c. 36 (N.I.). Part 1A was inserted by section 48 of, and Schedule 18 to, the Coronavirus Act 2020 (c. 7)

( 3)

S.R. 2021 No.93