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

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Citation, commencement and interpretationN.I.

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1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 and shall come into operation on 9th April 2021.

(2) In these Regulations—

F1...

“bed and breakfast accommodation”, “bunkhouse”, “guest accommodation”, “guesthouse”, “hostel” and “self-catering establishment” shall mean the premises of any establishment allocated a certificate under Article 13 of the Tourism (Northern Ireland) Order 1992 M1

F2...

[F3“close contact service” means a service listed in Schedule 2]

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

F4...

F2...

F5...

F6...

“enforcement officer” means a person designated by a district council under Regulation 18(1) for the purposes of these Regulations;

F7...

“harbour terminal”, “hotel” and “resident” have the meanings given to them in [F8Article] 2(2) of the Licensing (Northern Ireland) Order 1996;

F9...

“intoxicating liquor” has the meaning given in [F10Article] 2(2) of the Licensing (Northern Ireland) Order 1996 M2;

[F11“office premises” means a building or part thereof used for the purpose of administrative, clerical, technical, professional or similar activities;]

“private dwelling” is a dwelling occupied by a person as their only or main residence and includes any garden, yard, passage, stair, outhouse or other appurtenance of the dwelling;

[F12“qualifying individual” means [F13a person] referred to in regulation 16B;]

[F12“relevant event” means an event referred to in regulation 16D;]

“relevant officer” means a constable or an enforcement officer;

[F12“relevant premises” means an event referred to in regulation 16E;]

F14...

F15...

[F11“shop” means any building, room or other indoor establishment which is open to the public in whole or in part and is used wholly or mainly for the purposes of retail sale or hire of goods or services but not including-

(i)

premises (other than registered pharmacies) providing wholly or mainly medical or dental services, audiology services, chiropody, chiropractic, osteopathic, optometry or other medical services including services relating to mental health; and

(ii)

fitness studios, gyms, dance studios, leisure centres, swimming pools or water parks;]

“table” includes a counter or other structure which serves the purpose of a table and which is not used wholly or partly as a bar for the service of food or drink [F16but does not include a pool table, snooker table or other games table];

[F12“test of competence to drive” means the test established by Article 5 of the Road Traffic (Northern Ireland) Order 1981;]

[F17“tourist accommodation” means a bed and breakfast establishment, hotel, bunkhouse, hostel, guest accommodation, self-catering establishment or guest house [F18, or other accommodation provided to tourists for payment.]]

[F12“vehicle” has the meaning given by Article 3(1) of the Road Traffic (Northern Ireland) Order 1995.]

(3) For the purposes of these Regulations—

[F19(a)a “person responsible”—

(i)for carrying on a business or providing a service or operating any premises includes the owner, proprietor and manager of that business or service or those premises; and

(ii)in relation to a relevant event, means the person responsible for organising that event, or the person responsible for the management of the premises at which the event is held or to be held if no other person is responsible for organising the event;]

(b)there is a gathering when two or more persons are present together in the same place in order to engage in any form of social interaction with each other, or to undertake any other activity with each other;

(c)a place is indoor if it would be considered to be enclosed or substantially enclosed for the purposes of regulation 2 of the Smoke-free (Premises, Vehicle Operators and Penalty Notices) Regulations (Northern Ireland) 2007 M3, and otherwise a place is outdoor;

(d)in relation to any premises of a business or members' club selling or supplying food and drink or intoxicating liquor, 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.

[F20(e)a person is to be treated as seated if they are temporarily standing for the purposes of entering or exiting the premises, accessing a table, making a payment, accessing a buffet or carvery or accessing and using a toilet, baby changing or breast feeding facilities or a smoking area.]

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