The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment No. 12) Regulations (Northern Ireland) 2021

Regulations made by the Department of Health and laid before the Assembly under section 25Q (Emergency procedure) of the Public Health Act (Northern Ireland) 1967, for approval of the Assembly before the expiration of 28 days beginning with the day on which they are made.

Statutory Rules of Northern Ireland

2021 No. 220

Public Health

The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment No. 12) Regulations (Northern Ireland) 2021

Made

at 4.30 p.m. on 27th July 2021

Laid before the Assembly

at 5.00 p.m. on 27th July 2021

Coming into operation

at 6.00 p.m. on 27th July 2021

The Department of Health(1), makes the following Regulations in exercise of the powers conferred by sections 25C(1), (3)(c), (4)(d) and 25F(2) of the Public Health Act (Northern Ireland) 1967(2).

These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Northern Ireland.

The Department of Health considers that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.

In accordance with section 25Q of that Act the Department of Health is of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft having been laid before, and approved by a resolution of, the Assembly.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment No. 12) Regulations (Northern Ireland) 2021.

(2) These Regulations come into operation at 6.00 pm on 27th July 2021.

Amendment of the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021

2.  The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021(3) are amended in accordance with these Regulations.

3.  After regulation 3 insert—

Restrictions on theatres and concert halls

4.— (1) This regulation applies to the following premises—

(a) theatres; and

(b) concert halls.

(2) A person responsible for organising or operating an indoor gathering in any venue to which this regulation applies must take reasonable steps to—

(a) ensure visitors obtain a ticket in advance of attending an event;

(b) provide allocated seating for visitors to the venue and ensure that visitors remain in their allocated seating except as permitted by this regulation;

(c) prevent persons attending an event from moving within the premises other than to enter or exit the premises, access a seat, make a payment, or access and use toilet, baby changing or breast feeding facilities or a smoking area;

(d) ensure there is no dancing by visitors to the venue;

(e) carry out a risk assessment which complies with the requirements of regulation 9(5)(a) and which determines the maximum number of persons who may be seated in each part of the venue;

(f) retain the risk assessment referred to in subparagraph (e) on the premises and make it available immediately for inspection by visitors to the premises or to a relevant person on request;

(g) display prominently, at each part of the venue, the maximum number of persons who may be seated in that part of the venue;

(h) limit the risk of transmission of the coronavirus in accordance with regulation 9(5)(b);

(i) comply with the duty in regulation 15 (Visitor and Attendee Information);

(j) comply with the duty in regulation 17 (Requirement in relation to social distancing); and

(k) ensure music for any purpose other than rehearsals or performances is played at such a volume as to enable visitors to conduct conversation at normal loudness of speech.

(3) If intoxicating liquor may be consumed at premises to which this regulation applies, a person responsible for organising or operating an indoor gathering in the premises must take reasonable steps to—

(a) ensure that the number of persons (not including children aged 12 or under) seated at any one table is no more than six if those persons are from more than one household, or ten if those persons are from one household or one bubble;

(b) permit orders for food or drink (including intoxicating liquor) to be placed only by persons seated; and

(c) prevent the consumption of food or drink (including intoxicating liquor) by visitors to the premises on the premises other than by a person seated.

(4) Sub-paragraph (3)(b) or (3)(c) does not permit the consumption of food or drink (including intoxicating liquor) by a person seated at a counter or other structure which serves the purpose of a table and which is used wholly or partly as a bar for the service of food or drink.

(5) In this regulation “visitors” does not include staff of the venue or performers at the venue.”.

4.  In regulation 5(1), after “other than premises to which paragraph (3)” insert “or regulation 4”.

5.  In regulation 12(1)(a)(ii), for “six” substitute “ten” and for “two” substitute “three”.

6.  In regulation 12(1)(a)(iii)—

(a) for “6” substitute “ten”;

(b) for “one other household” substitute “two other households”; and

(c) for “10 persons” substitute “15 persons”.

7.  In regulation 15(1)(d), after “responsible for premises to which” insert “regulation 4 or”.

8.  In regulation 17(2A)(a), after “but not including premises to which” insert “regulation 4 or”.

9.  In schedule 1, omit “Part 1” and omit paragraph 1(3).

Sealed with the Official Seal of the Department of Health at 4.30 pm on 27th July 2021

(L.S.)

Dr Naresh Chada

A senior officer of the Department of Health

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 by permitting the opening of theatres and concert halls subject to certain restrictions and by increasing the number permitted at a gathering indoors at a private dwelling to six persons from 3 households, or 15 from two households if one household consists of ten or more.

No regulatory impact assessment has been prepared for these Regulations.

(1)

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

(2)

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

(3)

S.R. 2021 No.93 as amended by S.R. 2021 Nos. 97, 109, 117, 130, 141, 151, 172, 197, 199, 201 and 217