S.I. No. 703/2020 - Health Act 1947 (Fixed Payment Notice and Dwelling Event Provisions) (Covid-19) (Amendment) (No. 4) Regulations 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th January, 2021.

I, STEPHEN DONNELLY, Minister for Health, in exercise of the powers conferred on me by sections 5 , 31A and 31C (inserted by section 4 of the Health (Amendment) Act 2020 (No. 19 of 2020)) of the Health Act 1947 (No. 28 of 1947) -

(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 section 31A(2) of that Act,

(b) in the case of Regulation 2(a), having regard also to the matters specified in section 31A(6D)(b) of that Act,

(c) in the case of Regulation 2(b), having regard also to the matters specified in section 31A(6C)(b) of that Act, and

(d) having consulted with the Minister for Justice,

hereby make the following regulations:

1. (1) These Regulations may be cited as the Health Act 1947 (Fixed Payment Notice and Dwelling Event Provisions) (Covid-19) (Amendment) (No.4) Regulations 2020.

(2) These Regulations shall come into operation on the 31st day of December 2020.

2. The Health Act 1947 (Fixed Payment Notice and Dwelling Event Provisions) (Covid -19) Regulations 2020 ( S.I. No. 536 of 2020 ) are amended -

(a) by the substitution of the following Regulation for Regulation 4:

“4. Regulations 5(1) and 7(1) of the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 10) Regulations 2020 ( S.I. No. 701 of 2020 ), being penal provisions for the purposes of section 31A of the Act of 1947, are prescribed to be dwelling event provisions.”, and

(b) in Schedule 1, by the substitution -

(i) in column 2 of paragraph 3, of “Regulation 4(1) of the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 10) Regulations 2020 ( S.I. No. 701 of 2020 )” for “Regulation 3(1) of the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 9) Regulations 2020 ( S.I. No. 560 of 2020 )”,

(ii) in column 2 of paragraph 4, of “Regulation 7(1) of the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 10) Regulations 2020 ( S.I. No. 701 of 2020 )” for “Regulation 6(1) of the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 9) Regulations 2020 ( S.I. No. 560 of 2020 )”,

(iii) in column 2 of paragraph 5, of “Regulation 5(1) of the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 10) Regulations 2020 ( S.I. No. 701 of 2020 )” for “Regulation 4(1) of the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 9) Regulations 2020 ( S.I. No. 560 of 2020 )”, and

(iv) in column 2 of paragraph 6, of “Regulation 8(1) of the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 10) Regulations 2020 ( S.I. No. 701 of 2020 )” for “Regulation 7(1) of the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid19) (No. 9) Regulations 2020 ( S.I. No. 560 of 2020 ) (amended by Regulation 7 of the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 9) (Amendment) (No. 2) Regulations 2020 ( S.I. No. 695 of 2020 ))”.

GIVEN under my Official Seal,

30 December, 2020.

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 (Fixed Payment Notice and Dwelling Event Provisions) (Covid-19) Regulations 2020 (S.I. 536 of 2020) to provide for certain penal provisions in the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 10) Regulations 2020 ( S.I. No. 701 of 2020 ) to be fixed penalty and/or dwelling event provisions