S.I. No. 119/2024 - Infectious Diseases (Amendment) Regulations 2024

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th March, 2024.

I, STEPHEN DONNELLY, Minister for Health, in exercise of the powers conferred on me by sections 5 , 29 and 31 of the Health Act 1947 (No. 28 of 1947), hereby make the following regulations:

1. (1) These Regulations may be cited as the Infectious Diseases (Amendment) Regulations 2024.

(2) “The Infectious Diseases Regulations 1981 to 2023” and these Regulations may be cited together as the Infectious Diseases Regulations 1981 to 2024.

2. In these Regulations—

“Principal Regulations” means the Infectious Diseases Regulations 1981 ( S.I. No. 390 of 1981 );

“Regulations (No. 3) of 2003” means the Infectious Diseases (Amendment) (No. 3) Regulations 2003 ( S.I. No. 707 of 2003 );

“Regulations of 2022” means the Infectious Diseases (Amendment) Regulations 2022 ( S.I. No. 258 of 2022 );

“Regulations of 2023” means the Infectious Diseases (Amendment) Regulations 2023 ( S.I. No. 245 of 2023 ).

3. The Principal Regulations are amended by substituting for Regulation 8 (as last amended by Regulation 3 of the Regulations of 2022) the following:

“All the infectious diseases listed in the Schedule to these Regulations except acute anterior poliomyelitis, cholera, diphtheria, influenza where it is influenza of a new or re-emergent subtype, mpox, paratyphoid, plague, severe acute respiratory syndrome (SARS), smallpox, tuberculosis, typhoid, typhus and viral haemorrhagic fevers (Lassa, Marburg, Ebola, Crimean-Congo) shall be excluded from the application of Section 38 of the Health Act 1947 as amended by Section 35 of the Health Act 1953.”

4. Regulation 14(1) (inserted by Regulation 4(6)(i) of the Regulations (No. 3) of 2003) is amended by substituting for subparagraph (b), the following:

“(b) further in the case of acute anterior poliomyelitis, anthrax, botulism, cholera, Covid-19 where it is Covid-19 of a new or re-emergent variant, diphtheria, enterohaemorrhagic escherichia coli, haemophilus influenzae disease, influenza where it is influenza of a new or re-emergent subtype, legionellosis, measles, meningococcal disease, mpox, paratyphoid, plague, rabies, severe acute respiratory syndrome (SARS), smallpox, tularemia, typhoid, typhus, viral haemorrhagic fevers (Lassa, Marburg, Ebola, Crimean-Congo), or yellow fever or where he or she is of the opinion that there is a serious outbreak of infectious disease in a locality, give immediate preliminary notification thereof to a medical officer of health.”

5. Regulation 15(2) (inserted by Regulation 4(7) of the Regulations (No. 3) of 2003) of the Principal Regulations is amended by substituting for paragraph 2(a), the following:

“(2)(a) Where a medical practitioner who is a medical officer of an infectious disease hospital or infectious disease unit is required under sub-regulation (1) of this regulation to notify a case of acute anterior poliomyelitis, anthrax, botulism, cholera, Covid-19 where it is Covid-19 of a new or re-emergent variant, diphtheria, enterohaemorrhagic escherichia coli, haemophilus influenzae disease, influenza where it is influenza of a new or re-emergent subtype, legionellosis, measles, meningococcal disease, mpox, paratyphoid, plague, rabies, severe acute respiratory syndrome (SARS), smallpox, tularemia, typhoid, typhus, viral haemorrhagic fevers (Lassa, Marburg, Ebola, Crimean-Congo) or yellow fever, or where he or she is of the opinion that there is a serious outbreak of infectious disease in a locality he or she shall give immediate preliminary notification thereof to a medical officer of health.”

6. The Principal Regulations are amended by substituting for the Schedule (inserted by Regulation 6 of the Regulations of 2022) the following:

“Schedule

Diseases specified to be infectious diseases and their respective causative pathogens

GIVEN under my Official Seal,

25 March, 2024.

STEPHEN DONNELLY,

Minister for Health.

EXPLANATORY NOTE

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

The Infectious Diseases Regulations 1981 ( S.I. No. 390 of 1981 ) (“the Principal Regulations”) include “Human monkeypox infection” amongst the list of diseases designated as an “infectious disease” for the purposes of the Health Act 1947. These Regulations update the nomenclature on “Human monkeypox infection” to “mpox” in line with World Health Organisation guidance.

These Regulations also amend the Principal Regulations to remove COVID-19 from the list of diseases requiring preliminary notification (i.e. immediate notification by telephone) except in cases of new or re-emergent variants of the disease.

In addition, these Regulations amend the Principal Regulations to remove COVID-19 from the list of infectious diseases that a person (who is a probable source of infection with the disease) may (as a necessary safeguard against the spread of the disease) be detained and isolated for, in accordance with the Health Act 1947.