S.I. No. 677/2021 - Health Act 1947 (Section 31A -Temporary Restrictions) (Covid-19) (Face Coverings in Certain Premises and Businesses) (Amendment) (No. 4) Regulations 2021

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th December, 2021.

I, STEPHEN DONNELLY, Minister for Health, in exercise of the powers conferred on me by sections 5 and 31A (inserted by section 10 of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (No. 1 of 2020)) of the Health Act 1947 (No. 28 of 1947) and -

(a) having regard to the immediate, exceptional and manifest risk posed to human life and public health by the spread of Covid-19 and to the matters specified in subsection (2) of section 31A, and

(b) having consulted with the Minister for Agriculture, Food and the Marine, the Minister for Children, Equality, Disability, Integration and Youth, the Minister for Defence, the Minister for Education, the Minister for Enterprise, Trade and Employment, the Minister for the Environment, Climate and Communications, the Minister for Finance, the Minister for Foreign Affairs, the Minister for Further and Higher Education, Research, Innovation and Science, the Minister for Housing, Local Government and Heritage, the Minister for Justice, the Minister for Public Expenditure and Reform, the Minister for Rural and Community Development, the Minister for Social Protection, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media and the Minister for Transport,

hereby make the following regulations:

1. (1) These Regulations may be cited as the Health Act 1947 (Section 31A -Temporary Restrictions) (Covid-19) (Face Coverings in Certain Premises and Businesses) (Amendment) (No. 4) Regulations 2021.

(2) These Regulations shall come into operation on the 9th day of December 2021.

2. The Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (Face Coverings in Certain Premises and Businesses) Regulations 2020 ( S.I. No. 296 of 2020 ) are amended -

(a) in Regulation 5 -

(i) in paragraph (f), by the substitution of “identity,” for “identity, or”,

(ii) in paragraph (g), by the substitution of “advice, or” for “advice.”, and

(iii) by the insertion of the following paragraph after paragraph (g):

“(h) the person removes the face covering -

(i) to provide or receive instructions,

(ii) to give evidence, or

(iii) at the request of the person presiding at a hearing,

in any judicial or quasi-judicial proceedings.”,

and

(b) in Part A of the Schedule to those Regulations, by the insertion of the following:

“15. An office or other premises that is occupied by, or from which services are provided by, or on behalf of -

(a) a Department of State or any other office or agency of the State, or

(b) a local authority within the meaning of the Local Government Act 2001 (No. 37 of 2001).”.

GIVEN under my Official Seal,

8 December, 2021.

STEPHEN DONNELLY,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These regulations amend The Health Act 1947 (Section 31A – Temporary Restrictions) (Covid-19) (Face Coverings in Certain Premises and Businesses) Regulations 2020 (SI 296 of 2020) to provide for the wearing of facemasks in any part of a Department, office or agency of the State or Local Authority to which the public has access. It also provides for an additional reasonable excuse for removing a face covering in an indoor premises in order to provide or receive instructions, to give evidence, or at the request of the person presiding at a hearing in any judicial or quasi-judicial proceedings