Health (Amendment) (No. 2) Act 2021

Amendment of section 38G of Act of 1947

6. Section 38G(1) of the Act of 1947 is amended—

(a) by the substitution, in paragraph (c), of “provide for such” for “such”, and

(b) by the insertion of the following paragraphs after paragraph (d):

“(dd) having regard to the advice of the Chief Medical Officer of the Department of Health, prescribe a test, the purpose of which is to detect Covid-19 or the virus SARS-CoV-2 in the person to whom it is administered, that may be used as an alternative to a RT-PCR test (within the meaning of section 38B(25)) for the purposes of such provisions of sections 38B to 38L and such regulations made under this Act as he or she may prescribe and in so prescribing, the Minister may, in relation to such a test—

(i) provide for the manner in which the test shall be administered,

(ii) prescribe a person as a person approved by the Minister to conduct the test, and

(iii) prescribe such fee (if any) to be paid by a person who takes the test,

(de) having regard to the advice of the Chief Medical Officer of the Department of Health, prescribe the circumstances in which a person who is an applicable traveller by virtue of section 38B(1)(b) shall not be required to quarantine at a designated facility and, without prejudice to the generality of the foregoing, may prescribe that such a person shall not be required to so quarantine where—

(i) the person presents himself or herself to a relevant person or a member of the Garda Síochána on his or her arrival in the State,

(ii) the person takes a test prescribed by, and in accordance with, regulations under paragraph (dd) on his or her arrival in the State,

(iii) the person pays such fee as may be prescribed for the test,

(iv) the person remains at such place as he or she may be directed to remain by a relevant person or a member of the Garda Síochána until the receipt of the result of the test, and

(v) the result of the test is that Covid-19 or the virus SARS-CoV-2 is not detected,”.