The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021

PART 5 REQUIREMENTS ETC.

Visitor and Attendee Information

15.—(1) This regulation applies to a person—

(a) providing close contact services (see regulation 16);

(b) carrying on a business of selling or providing food or drink (not including intoxicating liquor) for consumption on the premises—

(i) at a port;

(ii) at an airport;

(iii) at a motorway service station; or

(iv) on a ferry where the crossing to be undertaken by that vessel lasts or is expected to last in excess of 3 hours (see regulation 5); or

(c) responsible for organising or operating a gathering which is a marriage ceremony, civil partnership ceremony or a funeral (see regulation 9).

(2) A person to whom this regulation applies must—

(a) where visitor or attendee information is not provided in advance, obtain that information at the time of the visit or attendance;

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

(c) retain that information for a period of 21 days beginning with the date on which the visit or attendance took place; and

(d) destroy that information as soon as reasonably practicable after the expiry of that period unless there is some other lawful basis for its retention.

(3) A person to whom this regulation applies must provide visitor and attendee information to a relevant officer as soon as reasonably practicable and, in any event, within 24 hours of a relevant officer requesting it for the purpose of—

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

(b) monitoring its spread and incidence.

(4) “Visitor and attendee information” means—

(a) the name and telephone number of each visitor and attendee over the age of 16; and

(b) the date of their visit or attendance and the time of their arrival.

Restrictions on close contact services

16.—(1) A “close contact service” listed in Schedule 2 must not be provided.

(2) But a close contact service may be provided where it is—

(a) provided for the purpose of film or television production;

(b) sport massage therapy or ancillary to medical, health and social care services;

(c) driving instruction for the test of competence to drive a vehicle provided by, or on behalf of, the Police Service of Northern Ireland, the Northern Ireland Ambulance Service Health and Social Care Trust, or the Northern Ireland Fire and Rescue Board.

(3) In a case to which paragraph (2)(a) or (b) applies a person providing a close contact service must comply with the duty in Regulation 15 (Visitor and Attendee Information).

Requirement in relation to social distancing

17.—(1) A person responsible for the organisation or operation of a relevant place (P) must take reasonable measures to ensure that P’s servants and agents, and visitors to the place, comply with social distancing measures at all times.

(2) “Relevant place” means—

(a) a shop;

(b) an enclosed shopping centre and for these purposes premises are “enclosed” if they would be considered enclosed or substantially enclosed for the purposes of regulation 2 of the Smoke-free (Premises, Vehicle Operators and Penalty Notices) Regulations (Northern Ireland) 2007.

(3) “Social distancing measures” means measures for the purpose of minimising the risk of exposure to, or spread of, coronavirus and includes ensuring—

(a) that P’s servants and agents, and visitors to a relevant place, are provided with information on how to minimise the risk of exposure to and the spread of coronavirus;

(b) that the persons referred to in paragraph (a) maintain a distance of 2 metres from each other (unless members of the same or a linked household) by altering the layout of a relevant place including those parts to which visitors do not customarily have access, managing and controlling the use of points of access and egress, shared facilities (such as toilets) and managing and controlling the means of moving from one part of a relevant place to another;

(c) that persons waiting to enter a relevant place maintain a distance of 2 metres from each other (unless members of the same or a linked household);

(d) that a relevant place is regularly cleaned, hygiene is maintained and in particular points or places which are likely to be used frequently by servants, agents and visitors (such as entry barriers and gates and card terminals) are regularly sanitised.

(4) Where it is not reasonably practicable for a social distance of 2 metres to be maintained, P must take reasonable steps to ensure that—

(a) close face to face contact between persons is limited;

(b) barriers or screens are installed and maintained; and

(c) personal protective equipment is used where appropriate and is made readily available.

Enforcement Officers and Premises Improvement Notices

18.—(1) A district council may designate a person as an enforcement officer for the purposes of these Regulations.

(2) An enforcement officer may exercise the powers of a constable in relation to regulations 3 to 8 and 15 to 17.

(3) An enforcement officer may issue a notice (a “premises improvement notice”) to a person (P) responsible for carrying on a business at, or providing services from, the premises to which the notice relates if the enforcement officer considers that—

(a) P is not complying with a requirement imposed on P under regulations 3 to 8 and 15 to 17; and

(b) the measures specified in the notice are necessary and proportionate in order to ensure that P does so comply.

(4) A premises improvement notice must specify the—

(a) premises to which it relates;

(b) measures the enforcement officer requires P to take in order to ensure that P complies with a requirement under regulations 3 to 8 and 15 to 17; and

(c) time limit, which must not be less than 48 hours beginning with the time the notice is issued, within which the measures must be taken.

(5) An enforcement officer must issue a notice terminating a premises improvement notice (a “termination notice”) if satisfied that—

(a) the measures specified in the premises improvement notice have been taken; or

(b) other measures have been taken to ensure that regulations 3 to 8 and 15 to 17 are complied with.

(6) A premises improvement notice ceases to have effect upon the issue of a termination notice.

(7) A premises improvement notice or a termination notice is issued by giving P a written copy of it.

(8) Where P is not on the premises to which a notice relates when it is to be issued, the notice is to be treated as having been issued to P—

(a) if a written copy of it is given to another person on the premises who appears to be involved in the business or service in question; or

(b) if there is no such person on the premises at that time, a written copy of the notice is placed in a conspicuous position on or at the premises.

(9) As soon as reasonably practicable after issuing a premises improvement notice, the enforcement officer must—

(a) display a copy of the notice, and a sign in the form set out in Schedule 3, in a prominent place near every entrance to the premises; and

(b) arrange for the notice to be published on the website of the district council for the local government district in which the premises are located.

(10) A notice or sign referred to in sub-paragraph (9)(a) must be at least A4 size.

(11) A person must not remove a notice or sign required to be displayed under paragraph (9)(a) for as long as it has effect.

Linked Households

19.—(1) No more than two households may be linked households for the purposes of these Regulations.

(2) A household may choose to be linked with one other household for the purpose of the members of either linked household providing care or welfare support to members of the other linked household provided that—

(a) neither the first household nor the second household are linked with another household for the purpose of these Regulations; and

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

(3) Households cease to be linked where the members of one, or both, cease to provide care or welfare support to the members of the other.

(4) Where households cease to be linked, neither household may be linked with another household unless—

(a) it is reasonable to do so for caring or welfare purposes; and

(b) at least ten days has expired since that cessation.