The Financial Assistance (Coronavirus: Hospitality) (Amendment) Regulations (Northern Ireland) 2022

Statutory Rules of Northern Ireland

2022 No. 29

Financial Assistance

The Financial Assistance (Coronavirus: Hospitality) (Amendment) Regulations (Northern Ireland) 2022

Made

7th February 2022

Coming into operation

9th February 2022

The First Minister and deputy First Minister, acting jointly, made on 30th December 2021 a determination under section 1(1) of the Financial Assistance Act (Northern Ireland) 2009(1); and, acting jointly, they have designated the Department of Finance(2) as the relevant department under section 1(3)(a) of that Act.

Accordingly, the Department of Finance, makes the following Regulations in exercise of the powers conferred by sections 1(2) and 3 of that Act.

In accordance with section 1(4) of that Act, the Executive Office(3) approves the making of these Regulations.

Citation and commencement

1.  These Regulations may be cited as the Financial Assistance (Coronavirus: Hospitality) (Amendment) Regulations (Northern Ireland) 2022 and come into operation on 9th February 2022.

Amendments to the Coronavirus Financial Assistance Scheme 2022

2.  In the Schedule to the Financial Assistance (Coronavirus) Regulations (Northern Ireland) 2022—

(a) in the definition of “hospitality sector”—

(i) at the end of sub-paragraph (c), omit, “and”;

(ii) in sub-paragraph (d), for “;” substitute, “, and”;

(iii) after sub-paragraph (d) add, “(e) hotels, that is to say the premises of any establishment allocated a certificate under Article 13 of the Tourism (Northern Ireland) Order 1992(4) in relation to the category of tourist establishment mentioned in Article 12(1)(a) of that Order;”;

(b) after the definition of “the Rates Order” add—

““relevant activity business” means a business carried on as an inflatable park, a soft play business (that is to say a business wholly or mainly used for the purposes of the provision of soft play facilities) or a trampoline park, that operates a café facility as part of that business and that—

(a)

has previously received support under the schemes provided by the Financial Assistance (Coronavirus) Regulations (Northern Ireland) 2020(5) or The Financial Assistance (Coronavirus) (No. 2) Regulations (Northern Ireland) 2020(6); or

(b)

would have been eligible for support under the schemes referred to in sub-paragraph (a) had an application been made to those schemes on the basis of the circumstances pertaining to that business as at 20th December 2021;”;

(c) after the definition of “relevant business” add—

““relevant sports club facility” means a bar or restaurant which is—

(a)

wholly occupied by a sports club which has received less than £50,000 from the Sports Sustainability Fund as delivered by Sport Northern Ireland on behalf of the Department for Communities, and

(b)

licensed under Article 5(1)(a) or (e) of the Licensing (Northern Ireland) Order 1996;”;

(d) in paragraph 3

(i) at the end of sub-paragraph (a), omit “or”;

(ii) after sub-paragraph (b) add—

“(c) the occupier of a relevant sports club facility, or;

(d) the occupier of a relevant activity business.”

Sealed with the Official Seal of the Department of Finance on 7th February 2022.

(L.S.)

Sharon Magee

A senior officer of the Department of Finance

Approved by the Executive Office

Sealed with the Official Seal of the Executive Office on 7th February 2022.

(L.S.)

Neill Jackson

A senior officer of the Executive Office

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Financial Assistance (Coronavirus) Regulations (Northern Ireland) 2022 (“the Financial Assistance Regulations”) which awarded financial assistance to occupiers of certain hospitality hereditaments affected by public health guidance issued in December 2021.

Regulation 1 provides for citation and commencement.

Regulation 2 provides for an amendment to the Financial Assistance (Coronavirus) Regulations (Northern Ireland) 2022 to allow Northern Ireland Tourist Board certified hotels to be included in the scheme, and to allow financial assistance to licensed bar and restaurant facilities occupied and operated by sports clubs, and to allow financial assistance to inflatable parks, soft play businesses and trampoline parks, which incorporate a café.

(1)

2009 c. 2 (N.I.)

(2)

The Department of Finance and Personnel was renamed the Department of Finance by section 1(4) of, and Schedule 1 to the Departments Act (Northern Ireland) 2016 (c.5 (N.I.))

(3)

Formerly the Office of the First Minister and the deputy First Minister: see section 1(1) and (11) of, and Schedule 1 to, the Departments Act (Northern Ireland) 2016 (2016 c. 5 (N.I.))

(4)

S.I. 1992/235 (N.I. 3)

(5)

S.R. 2020 No. 221

(6)

S.R. 2020 No. 230 as amended by S.R. 2020 No. 262, S.R. 2020 No. 262, S.R. 2020 No. 354, and S.R. 2021 No. 94