The Health Protection (Coronavirus, Restrictions) (No. 2) Regulations (Northern Ireland) 2020

Made: at 5.45 p.m. on 23rd July 2020

Laid before the Assembly: at 9.00 a.m. on 24th July 2020

Coming into operation: at 11.00 p.m. on 23rd July 2020

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Citation, commencement and interpretation

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocations and Savings

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review of the need for restrictions or requirements

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to close businesses and premises

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on gatherings

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on gatherings: private dwellings

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of requirement

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences and penalties

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fixed Penalty Notices

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of fixed penalty notice

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration certificates

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration of penalty

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Challenge to notice

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Setting aside of sum enforceable under regulation 12

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Expiry

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 1

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

• (1) Nightclubs.

• (2) Conference halls and conference facilities, including those in hotels ,except when used for the delivery of hearings of Courts, Tribunals and Appeals Services, and for the administrative support of these services .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

Sealed with the Official Seal of the Department of Health at 5.45 pm on 23rd July 2020

Elizabeth Redmond — A senior officer of the — Department of Health

Explanatory note

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Footnotes

[^f00001]: Formerly the Department of Health, Social Services and Public Safety; see 2016 c. 5 (N.I.), s. 1(5)

[^f00002]: 1967 c. 36 (N.I.). Part 1A was inserted by section 48 of, and Schedule 18 to, the Coronavirus Act 2020 (c. 7)

[^f00003]: S.R. 2007 No. 94

[^f00004]: S.R. 2020 No. 55

[^f00005]: S.R. 2020 No. 71

[^f00006]: S.R. 2020 No. 82

[^f00007]: S.R. 2020 No. 84

[^f00008]: S.R. 2020 No. 86

[^f00009]: S.R. 2020 No. 96

[^f00010]: S.R. 2020 No. 103

[^f00011]: S.R. 2020 No. 109

[^f00012]: S.R. 2020 No. 118

[^f00013]: S.R. 2020 No. 121

[^f00014]: S.R. 2020 No. 128

[^f00015]: S.R. 2020 No. 139

[^f00016]: S.R. 2000 No. 388

[^f00017]: S.I. 1995/755 (N.I. 2)

[^f00018]: S.I. 1989/1341 (N.I. 12). Article 26 was substituted by Articles 1(2) and 15(1) (with Article 15(3)) of the Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007

[^f00019]: 2016 c. 21 (N.I.)

[^f00020]: S.I. 1981/1675 (N.I. 26)

Editorial notes

[^key-72594a79287166875e2a0d9279fe737d]: Regulations revoked (9.4.2021) by The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (S.R. 2021/93), regs. 1(1), 29(a) (with regs. 30, 31)

SCHEDULE 2 — Close contact services

The emergency period and protected area

1

• (1) For the purposes of this schedule—

• “active period” means the period commencing at 00:01 on 11th December 2020;

• “Close contact service” means—hairdressing or barbering;provision of beauty or aesthetics treatments including treatments in relation to nails or makeup;tattooing;tanning;services in spas;sports and massage therapy;well-being and holistic therapies;dress fitting, tailoring and fashion design (unless social distance is maintained);body piercing;electrolysis;training in any of the services listed at (a) to (j) (unless social distancing is maintained);driving instruction for the test of competence to drive a vehicle other than a motorcycle established by Article 5 of the Road Traffic (Northern Ireland) Order 1981.

• “elite athlete” has the meaning given in the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2020;

• “linked household” has the meaning given in paragraph 4;

• “social distance” means a distance of at least two metres between participants;

• “sporting event” means a gathering for the purpose of exercise, competitive sport, recreational sport or sport training , and dance of any type shall be deemed to be a form of exercise or sport for the purposes of this schedule; that part of a private dwelling used for the purpose of a business operated by an occupier of the dwelling is not to be deemed part of the private dwelling when used as such.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on gatherings in private dwellings

2

If the Department of Health considers at any time that any restriction or requirement imposed by this schedule is no longer necessary to prevent, protect against, control or provide a public health response to the incidence or spread of infection with the coronavirus, the Department must without delay revoke that restriction or requirement.

Linked households

3

• (1) No person may, without a reasonable excuse, stay overnight at any place other than the place where they normally live or where their linked household normally lives, except where the overnight stay is in a bed and breakfast establishment, hotel, bunkhouse, hostel, guest accommodation, self-catering establishment or guest house;

• (2) For the purposes of (1), a reasonable excuse includes the need where reasonably necessary—

• (a) to access medical or hospital services;

• (b) to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living;

• (c) to attend a funeral of a member of the person’s household, a close family member or a friend;

• (d) to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

• (e) to access critical public services, including social services, childcare or educational facilities (where these are available to a child in relation to whom that person is the parent, or has parental responsibility for, or care of the child);

• (f) to access services provided to victims (such as victims of crime);

• (g) in the case of a minister of religion or worship leader, to go to their place of worship;

• (h) to move house where reasonably necessary;

• (i) to avoid injury or illness or to escape a risk of harm.

• (j) to stay elsewhere overnight if unable to return to their private dwelling due to an emergency.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) For the purposes of this paragraph “private dwelling” shall include a static caravan , privately owned holiday accommodation, a self-catering establishment and guest accommodation.

Requirement in relation to venues at which intoxicating liquor may be consumed

4A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to collect and share information: restaurants, cafes, bars, public houses etc.

4C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on gatherings

Restrictions on gatherings: private dwellings

Enforcement of requirement

Offences and penalties

Fixed Penalty Notices

Effect of fixed penalty notice

Registration certificates

Registration of penalty

Challenge to notice

Setting aside of sum enforceable under regulation 12

Expiry

Requirement in relation to intoxicating liquor and to food and drink

4D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on gatherings

Restrictions on gatherings: private dwellings

Enforcement of requirement

Offences and penalties

Fixed Penalty Notices

Effect of fixed penalty notice

Registration certificates

Registration of penalty

Challenge to notice

Setting aside of sum enforceable under regulation 12

Expiry

SCHEDULE 3 — Sign to be displayed with premises improvement notice

Interpretation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review of the need for restrictions or requirements in the designated district

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions and requirements on indoor gatherings in the designated district

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions and requirements on hospitality businesses in the designated district

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions and requirements on hotels and guesthouses in the designated district

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions and requirements on indoor facilities in the designated district

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions and requirements on libraries in the designated district

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions and requirements on outdoor gatherings in the designated district

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation and application

Revocation of restriction or requirement

Linked households

4

• (1) A household (“the first household”) may choose to be linked with one other household (“the second household”), provided that—

• (a) neither the first household nor the second household are linked with any other household for the purpose of these regulations, and

• (b) all the adult members of each household agree.

• (2) The first and second households are “linked households” in relation to each other.

• (3) Once the first and second households have ceased being linked households, neither the first household nor the second household may be linked with any other household unless it is reasonable to do so for caring or welfare purposes and provided that at least ten days has expired since the household ceased to be a part of a previous linked household.

• (4) In the period commencing at 00:01 on 23 December 2020 and ending at 23:59 on 27 December 2020 three households not including a linked household, or two households and one linked household, may choose to be linked with one another to form a “Christmas linked household” on one day only provided that—

• (a) none of the households concerned is already part of a Christmas linked household, and

• (b) all the adult members of each household agree.

Restrictions on sporting events

5

• (1) A person shall not organise, operate or participate in an outdoor sporting event in which the participants are competitors representing more than one school.

• (2) A person shall not organise, operate or participate in an outdoor sporting event which is attended by, or is expected to be attended by, more than 500 spectators.

Restrictions on other gatherings

6

• (1) This paragraph shall not apply to a gathering in a private dwelling or to a group act of worship in a place of worship.

• (2) A person shall not organise, operate or participate in an indoor ... gathering which consists of more than fifteen persons, except as permitted by paragraph 7 or subparagraphs (3) to (9).

• (2A) In an indoor venue—

• (a) each group at a table shall be deemed to be a separate gathering, if no entertainment is provided; and

• (b) all the persons in a room shall be deemed to be a single gathering if entertainment is provided.

• (2B) For the purposes of these Regulations, “entertainment” means—

• (a) any type of performance, live or otherwise; and

• (b) dancing, singing or music or any other entertainment of a like kind.

• (3) Sub-paragraph (2) shall not prohibit or prevent a person from organising, operating or participating in a gathering in a workplace, when it is not reasonably practicable for the duties of any person participating in the gathering to be carried out at that person’s private dwelling (and for the avoidance of doubt, regulation 5 shall continue to apply to such a gathering).

• (4) Sub-paragraph (2) shall not prohibit or prevent a person from organising, operating or participating in a gathering for the purpose of enabling any person to avoid injury or illness or to escape a risk of harm, or to provide emergency or medical assistance to any person.

• (5) Sub-paragraph (2) shall not apply to a gathering for the purpose of solemnising a marriage or forming a civil partnership (and for the avoidance of doubt, regulation 5 shall continue to apply to such a gathering).

• (6) Sub-paragraph (2) shall not apply to a gathering for the purpose of a funeral or the committal of a body (and for the avoidance of doubt, regulation 5 shall continue to apply to such a gathering).

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) Sub-paragraph (2) shall not prohibit or prevent a person from organising, operating or participating in a gathering for the purpose of education or training (and for the avoidance of doubt, regulation 5 shall continue to apply to such a gathering).

• (9) Sub-paragraph (2) shall not prohibit or prevent a person from organising, operating or participating in a gathering which is a blood donation session or a vaccination session (and for the avoidance of doubt, regulation 5 shall continue to apply to such a gathering).

Businesses subject to closure

7

• (1) A person may organise, operate or participate in an indoor sporting event only if all participants are—

• (a) elite athletes;

• (b) an individual and that individual’s coach or trainer;

• (c) an individual and that individual’s carer or carers;

• (d) taking part in physical education delivered by or for schools, pre-schools and other education providers provided that participants do not include competitors representing more than one school; or

• (e) taking part in non-contact, non-aerobic activity in a gathering of 15 persons or less.

• (2) A person shall not organise, operate or participate in an indoor sporting event which is attended by, or is expected to be attended by, more than 500 spectators.

Restrictions on the hospitality sector

8

• (1)

• (a) A person responsible for operating or carrying on a business of a bar, including a bar in a hotel, a public house or a club registered in accordance with the Registration of Clubs (Northern Ireland) Order 1996 may sell or provide intoxicating liquor only if the intoxicating liquor is served with food and the food must be a main table meal.

• (b) For the purposes of head (a), a “main table meal” means a meal which is in its entirety, or which includes, a main course, which is prepared in a static and permanent kitchen on the premises of the bar, hotel, pub or club and which is eaten by a person seated at a table.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) A person responsible for carrying on a business which sells food or drink (not including intoxicating liquor) for consumption off the premises may continue to do so only in response to orders placed between the hours of 05:00 and 23:00.

• (3)

• (a) A person responsible for carrying on a business which sells or provides intoxicating liquor for consumption off the premises ... may continue to do so only from 08:00 on Monday to Saturday, and from 10:00 on Sunday, until 22:30 on any day, or in response to orders placed between those hours;

• (b) Head (a) shall not apply in an airport.

• (c) A person referred to in head (a) may sell or provide, or permit the sale or provision of, intoxicating liquor in accordance with this sub-paragraph only in a manufacturer’s original sealed packaging.

• (4) A person must not operate a business of providing facilities for persons to consume intoxicating liquor in or on a conveyance.

• (5) For the purposes of sub-paragraph (1), an area adjacent to the premises where seating , tables or other facilities are made available for customers of the business or members’ club (whether or not by the business or members’ club) is to be treated as part of the premises.

• (6) Notwithstanding the provisions of any licence granted under Article 5 (1) (b) of the Licensing (NI) Order 1996, a person concerned in the organisation or operation of a supermarket is permitted to use any point of sale or checkout aisle for the purpose of the sale of intoxicating liquor for consumption off the premises during the period ending at 22.30 on 31 December 2020.

Wearing of a face covering in a place of worship

9

• (1) A person (other than a person leading a service) entering or leaving a place of worship, or being within a place of worship ... , must, unless there is a reasonable excuse, wear a face covering while doing so.

• (2) Sub-paragraph (1) shall not apply to a couple at a ceremony to solemnise their marriage or to form their civil partnership.

• (3) In this paragraph “face covering” means a covering of any type which covers a person’s nose and mouth and “reasonable excuse” has the meaning given in regulation 5 of the Health Protection (Coronavirus, Wearing of Face Coverings) Regulations (Northern Ireland) 2020.

Marriages and civil partnerships

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Funerals and committals

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on libraries

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

...

Requirement in relation to social distancing.

4E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on gatherings

Restrictions on large gatherings

5A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on gatherings: private dwellings

Enforcement of requirement

Offences and penalties

Fixed Penalty Notices

Effect of fixed penalty notice

Registration certificates

Registration of penalty

Challenge to notice

Setting aside of sum enforceable under regulation 12

Expiry

Enforcement officers and premises improvement notices

6A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of requirement

Offences and penalties

Fixed Penalty Notices

Effect of fixed penalty notice

Registration certificates

Registration of penalty

Challenge to notice

Setting aside of sum enforceable under regulation 12

Expiry

Close contact services

7A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on the hospitality sector

Wearing of a face covering in a place of worship

Marriages and civil partnerships

Funerals and committals

Restrictions on libraries

9A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Marriages and civil partnerships

Funerals and committals

Restrictions on libraries

4BA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to collect and share information: restaurants, cafes, bars, public houses etc.

Requirement in relation to intoxicating liquor and to food and drink

Requirement in relation to social distancing.

Restrictions on gatherings

Restrictions on large gatherings

Restrictions on gatherings: private dwellings

Enforcement officers and premises improvement notices

Enforcement of requirement

Appeals against notices

7A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences and penalties

Fixed Penalty Notices

Effect of fixed penalty notice

Registration certificates

Registration of penalty

Challenge to notice

Setting aside of sum enforceable under regulation 12

Expiry

Close contact services

Places of worship

Restrictions on outdoor sporting events

6A

• (1) This paragraph applies to a close contact service or driving instruction for the test of competence to drive a vehicle other than a motorcycle established by Article 5 of the Road Traffic (Northern Ireland) Order 1981.

• (2) A service referred to in sub-paragraph (1) may be provided only to a client who has booked an appointment in advance online or by post, telephone, or text.

• (3) A person providing a service referred to in sub-paragraph (1) to a client must—

• (a) (where client information is not provided in advance) obtain client information at the time of provision of the service;

• (b) record client information in a filing system (which may be an electronic system) suitable for recording, storing and retrieving the information;

• (c) retain client information for a period of 21 days beginning with the date on which the service was provided;

• (d) destroy client information as soon as reasonably practicable after the expiry of the period in head (c) unless there is another basis outside these regulations on which the details may lawfully be retained.

• (4) A person who provides a service referred to in sub-paragraph (1) must provide client information to a relevant person as soon as reasonably practicable but in any event within 24 hours of a request, if so requested by that person for the purpose of—

• (a) preventing a threat to public health resulting from the spread of infection or contamination with coronavirus; and

• (b) monitoring the spread of infection or contamination with coronavirus or the incidence of coronavirus disease.

• (5) In this paragraph “client information” means—

• (a) the name and telephone number of the client and of any person aged 16 and above accompanying the client; and

• (b) the date and start time of provision of the service.

• (6) This paragraph shall not apply to a close contact service for the purpose of film or television production.

Restrictions on indoor sporting events

Close contact services

Restrictions on the hospitality sector

Wearing of a face covering in a place of worship

Places of worship

Marriages and civil partnerships

Funerals and committals

Restrictions on libraries

Restrictions on outdoor gatherings

Restrictions on indoor gatherings

Visitor Information

Restrictions on non-essential retail businesses

Restrictions on essential retail businesses

Restrictions on close contact services

Restrictions on licenced premises

4DA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on licenced premises

4DB

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on off-licence businesses

4DC

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on take-away food businesses

4DD

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on libraries

4DE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement in relation to social distancing.

Restrictions on gatherings

Restrictions on large gatherings

Restrictions on sporting events

5B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Linked households

5C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on gatherings: private dwellings

Overnight stays

Enforcement officers and premises improvement notices

6B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to direct persons home

6C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of requirement

Appeals against notices

Offences and penalties

Fixed Penalty Notices

Effect of fixed penalty notice

Registration certificates

Registration of penalty

Challenge to notice

Setting aside of sum enforceable under regulation 12

Expiry

Businesses, services providers and premises subject to closure Regulation 4

Essential retail businesses Regulations 4B and 4C

Restrictions on unlicenced premises

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on movement

PART 1 — Businesses, services providers and premises subject to restrictions or closure

PART 2 — Essential retail businesses Regulations 4B and 4C