Health (Amendment) (No. 2) Act 2021

Health (Amendment) (No. 2) Act 2021 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2021 Health (Amendment) (No. 2) Act 2021 Health (Amendment) (No. 2) Act 2021 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 24 of 2021 HEALTH (AMENDMENT) (NO. 2) ACT 2021 CONTENTS

PART 1

Preliminary and General Section

Section 1

Section 2

PART 2

Amendments relating to certain indoor premises

Section 3

Section 4

PART 3

Amendments relating to quarantine in designated facilities

Section 5

Section 6

Section 7

B. amend certain provisions relating to pre-travel requirements in respect of certain persons arriving in the State; to amend the period to be spent by a person in quarantine at a designated facility in certain circumstances; to make provision in relation to the power of the Minister for Health to make regulations in relation to tests that may be taken for the purpose of detecting Covid-19 in the context of the requirement to quarantine at a designated facility and to confer a power on that Minister to prescribe the purpose for which such a test may be taken; to provide that quarantine at a designated facility shall not be required for certain persons arriving in the State in certain circumstances and to confer a power on the Minister for Health to make regulations in relation to those circumstances; for those purposes, and for related purposes, to amend the Health Act 1947 ; and to provide for related matters. [21st July, 2021] In relation to paragraph A of the foregoing:

WHEREAS a public health emergency has arisen and continues in the State by virtue of the spread of the disease known as Covid-19;

AND WHEREAS that disease, and the emergence of variants of the disease, and particularly the Delta variant, with evidence of increased transmissibility and the potential to evade immune response, and the spread of those variants, continues to present a very serious risk to public health and it is essential that persons testing positive or who are asymptomatic for the disease including in particular, variants of the disease, are restricted on a temporary basis from access to certain indoor premises given that the transmission of the disease has proven difficult to prevent;

AND WHEREAS a number of vaccinations for active immunisation to prevent the disease have been identified, authorised for use in the State and administered to part of the population of the State, and the availability of such vaccinations provides an opportunity to ease certain restrictions in force provided certain conditions are adhered to;

AND WHEREAS the existence of immunity as a result of having recovered from infection with Covid-19 also provides, in certain contexts, an opportunity to ease certain restrictions in force provided certain conditions are adhered to;

AND WHEREAS certain indoor social activities are by their nature high risk and are likely to involve significant levels of social mixing in environments conducive to disease transmission, which risk is diminished where participants in these activities have immunity from the disease;

AND WHEREAS the likelihood of transmitting, and the consequences of infection with, that disease are diminished in the case of persons who have been treated with such vaccines or who have recovered from infection with Covid-19, to the extent that allowing such persons to participate in certain aspects of the normal social and economic functioning of society presents a lesser threat to the State’s efforts to prevent, minimise, limit or reduce the risk of persons being infected with the disease than so allowing people who have not been so treated or who have not so recovered;

AND WHEREAS the easing of certain restrictive measures imposed on persons in the State as regards certain indoor premises is rendered safer from a public health perspective when accompanied by a robust and enforceable system of verification of vaccination or immunity status;

Be it enacted by the Oireachtas as follows:

PART 1

Preliminary and General Short title, commencement and operation 1. (1) This Act may be cited as the Health (Amendment) (No. 2) Act 2021.

(3)

Part 2

shall continue in operation for the period ending on the later of— (a) the 9th day of October 2021, or (b) the date that is specified in a resolution passed by each House of the Oireachtas under subsection (4).

Definition 2. In this Act, “Act of 1947” means the Health Act 1947.

PART 2

Amendments relating to certain indoor premises Insertion of sections 31AB to 31AL to Act of 1947 3. The Act of 1947 is amended by the insertion of the following sections after section 31AA: “Disapplication of certain provisions in respect of certain premises so as to enable those premises to grant access to members of the public under certain conditions 31AB. (1) Without prejudice to the generality of section 31A, and any regulations made from time to time thereunder requiring an indoor operator to ensure that persons (or such class of persons as may be prescribed in such regulations) are not permitted, or otherwise granted, access to a relevant indoor premises, it shall be lawful, subject to subsection (2), for an indoor operator to permit or otherwise grant access to such premises provided that the indoor operator— (a) complies with the conditions in subsection (3), and (b) would, but for the aforesaid regulations, be permitted in accordance with law to permit or otherwise grant access to such premises.

(iii) that a breach of any regulation relating to— (I) the inspection of relevant indoor premises, (II) the verification of proofs for any purpose under this section or sections 31AC to 31AK, or (III) the enforcement of obligations in this section or sections 31AC to 31AK, may be stated to be an offence in the regulation concerned and a person guilty of such an offence shall be liable on summary conviction to a class C fine; (h) prescribing guidelines set out by certain bodies (or specific parts of such guidelines) to which indoor operators are required to adhere for the purposes of the condition referred to in subsection (3)(d); (i) prescribing a class or classes of persons, as persons to whom, despite being in or at a relevant indoor premises in a professional capacity, in the course of their employment, or in fulfilment of a contract for services, paragraph (c) of the definition of ‘permitted person’ does not apply; (j) prescribing an age under the age of 18 years for the purposes of ‘relevant minor’ within the meaning of paragraph (b) of the definition of ‘permitted person’; (k) prescribing a person other than a parent or guardian or person acting in loco parentis, in relation to a relevant minor, who may accompany such minor to a relevant indoor premises for the purposes of paragraph (b) of the definition of ‘permitted person’; (l) such additional, incidental, consequential or supplemental matters as the Minister considers necessary or expedient for the purposes of giving full effect to regulations under this section.

Matters relating to documents provided for purposes of section 31AB 31AC. (1) An indoor operator may, for the purposes of complying with conditions referred to in section 31AB(3), request that a person seeking entry to a relevant indoor premises make available for inspection to him or her evidence that the person is a permitted person.

Compliance officers 31AD. (1) A relevant body may, in writing, designate one or more persons who may carry out the functions of a compliance officer under this section and under sections 31AE to 31AK.

Entry, inspection, etc., of relevant indoor premises 31AE. (1) A compliance officer may enter a relevant indoor premises without warrant at any time and there make such inspection, examination, observation and enquiry as he or she thinks proper in order to assess whether an indoor operator has complied with the conditions referred to in section 31AB(3).

Application for emergency cessation order 31AF. (1) A compliance officer may apply ex parte to the District Court, at the next available sitting of that court, for an order (in this Act referred to as a ‘emergency cessation order’) for the temporary restriction of access by members of the public to a relevant indoor premises, for a period not exceeding 72 hours, where— (a) one, or more than one, indoor operator fails or refuses to comply with a direction under section 31AE(2), and (b) in light of such failure or refusal, the compliance officer is of the opinion that such failure or refusal is continuing or is likely to recur.

Compliance notice 31AG. (1) A compliance officer may, where an indoor operator fails or refuses to comply with a direction given in respect of a relevant premises under section 31AE(2), but no emergency cessation order was made in respect of such failure or refusal, issue a notice (in this Act referred to as a ‘compliance notice’) in writing to the indoor operator setting out the matters specified in subsection (3).

Application for cessation order 31AH. (1) A compliance officer may apply to the District Court for an order (in this Act referred to as a ‘cessation order’) for the restriction of access by members of the public to a relevant indoor premises where he or she is of the opinion that— (a) there has been a failure to comply with a compliance notice, and (b) such failure to comply is continuing or is likely to recur.

Applicable provisions in relation to certain orders 31AI. (1) While access to a relevant indoor premises or any part thereof is restricted in accordance with a cessation order or an emergency cessation order, the indoor operator concerned shall affix to the exterior of the premises, in a conspicuous place, a notice specifying the period of such restriction, whether the order applies to the whole or a part of the premises and stating that the restriction is in compliance with the order concerned.

Appeal against compliance notice 31AJ. (1) A person aggrieved by a compliance notice may appeal against the notice to the District Court.

Appeal against order 31AK. (1) An appeal to the Circuit Court against a cessation order shall not have the effect of suspending the operation of the order unless the Circuit Court, on application made to it by the appellant, suspends the operation of the order pending the determination of the appeal.

Data Protection 31AL. (1) Personal data contained in a proof of immunity shall be processed only for the purpose of accessing and verifying the information included in such proof of immunity in connection with the admittance of permitted persons to relevant indoor premises.

Miscellaneous amendments to Act of 1947 4. The Act of 1947 is amended— (a) in section 2, by the insertion of the following definitions: “ ‘cessation order’ has the meaning assigned to it in section 31AH; ‘compliance notice’ has the meaning assigned to it by section 31AG; ‘compliance officer’ means a person designated as a compliance officer under section 31AD; ‘Covid-19’ has the meaning it has in section 31A; ‘Digital Covid Certificate Regulation’ means Regulation (EU) 2021/953 of the European Parliament and of the Council of 14 June 20211 on a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic; ‘emergency cessation order’ has the meaning assigned to it by section 31AF; ‘EU Digital Covid Certificate’ has the meaning it has in the Digital Covid Certificate Regulation; ‘indoor operator’ means— (a) in relation to a relevant indoor premises subject to a licence for the sale by retail of intoxicating liquor for consumption on or off the premises (whether granted on production or without production of a certificate of the Circuit Court or District Court), the holder of such a licence, (b) in relation to a relevant indoor premises registered under the Registration of Clubs Acts 1904 to 2008, every person whose name is entered in the register of clubs as an official or member of its committee of management or governing body at the material time, (c) in relation to a relevant indoor premises other than those referred to in paragraphs (a) and (b)— (i) the occupier of the premises, (ii) the manager of the premises, or (iii) any other person for the time being in charge of the premises; ‘permitted person’ means— (a) a person in possession of a proof of immunity relating to that person, (b) a person under the age of 18 years, or such other age under the age of 18 years as may be prescribed, (in this paragraph referred to as a ‘relevant minor’) who accesses a relevant indoor premises— (i) accompanied by his or her parent, guardian or a person acting in loco parentis, or (ii) on such terms (including terms requiring the relevant minor to be accompanied by one or more other persons other than his or her parent or guardian or person acting in loco parentis) as may be prescribed, (c) a person in or at a relevant indoor premises in a professional capacity, in the course of their employment, or in fulfilment of a contract for services, other than a class or classes of person, that the Minister may prescribe as being persons to whom this paragraph of this definition does not apply, or

(d) a person that stands, or a member of a class of persons that stand, prescribed by the Minister in regulations made under section 31AB(4); ‘proof of immunity’ means— (a) an EU Digital Covid Certificate— (i) issued under Article 6(1)(a) of the Digital Covid Certificate Regulation stating or verifying that the person has received a full dose of a vaccine approved for use in the European Union, (ii) issued under Article 6(1)(c) of the Digital Covid Certificate Regulation, or (iii) of a type prescribed by the Minister in regulations made under section 31AB(4), (b) a document as may be prescribed, in written or electronic form, issued by a body implementing a vaccination programme (howsoever described) on behalf of a state (including the State) that administered or caused to be administered the vaccination to the person concerned, verifying, in relation to the person to whom the document is issued, that the person has received such vaccination, or combination of vaccinations, as may be prescribed, including— (i) the medicinal product for active immunisation to prevent Covid-19 known as ‘COVID-19 Vaccine Moderna CX-024414’, (ii) the medicinal product for active immunisation to prevent Covid-19 known as ‘Vaxzevria (previously COVID-19 Vaccine AstraZeneca) ChAdOx1-SARS-COV-2’ also known as ‘Covishield’, (iii) the medicinal product for active immunisation to prevent Covid-19 known as ‘Comirnaty BNT162b2’, and (iv) the medicinal product for active immunisation to prevent Covid-19 known as ‘COVID-19 Vaccine Janssen (Ad26. COV2-S [recombinant])’, or (c) any form of written information or proof verifying, in such manner as may be prescribed, in relation to the person to whom the document is issued, that the person has recovered from Covid-19; ‘relevant body’ means— (a) the Health Service Executive, (b) the Health and Safety Authority, and (c) such other body as may be prescribed; ‘relevant indoor premises’ means an indoor premises (or, where a premises is partly indoors and partly outdoors, the indoor part of such premises), other than a premises prescribed in regulations under section 31AB(4)(e)(ii) as being a premises to which this definition does not apply— (a) on or at which food or non-alcoholic beverages may be lawfully sold or supplied for consumption on such premises, (b) where a business or service that, but for this Act or any regulations made under this Act, is permitted by law to sell or supply intoxicating liquor for consumption on the premises, is lawfully carried on or otherwise provided, or

(c) such other indoor premises, or class of indoor premises, that stands prescribed by the Minister in regulations under section 31AB(4);”, (b) by the insertion of the following sections after section 9: “Liability for offences by bodies corporate 9A. (1) Where an offence under this Act is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person shall, as well as the body corporate, be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

Exercise of jurisdiction by District Court and Circuit Court under sections 31AB to 31AK 9B. (1) The jurisdiction of the District Court under sections 31AB to 31AK shall be exercised by a judge of the District Court for the time being assigned to the District Court district in which the relevant indoor premises are situate.

Service of documents 9C. (1) Subject to subsection (2) and other than in relation to Part VIII, a notice or other document that is required to be served on or given to a person by this Act shall be addressed to the person by name and may be so served on or given to the person in one of the following ways: (a) by delivering it to the person; (b) by leaving it at the address at which the person ordinarily resides or carries on business or, in a case in which an address for service has been given, at that address; (c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or carries on business or, in a case in which an address for service has been given, to that address; (d) by electronic means, in a case in which the person has given notice in writing to the person serving or giving the notice or document concerned of his or her consent to the notice or document (or documents of a class to which the notice or document belongs) being served on, or given to, him or her in that manner.

PART 3

Amendments relating to quarantine in designated facilities Amendment of section 38B of Act of 1947 5. Section 38B of the Act of 1947 is amended— (a) in subsection (1)(b), by the substitution, in subparagraph (ii), of “a pre-travel test” for “a RT-PCR test”, (b) in subsection (2), by the substitution of “Subject to subsections (3A) and (4)” for “Subject to subsection (4)”, (c) in subsection (2)(a)(iii)— (i) by the substitution, in clause (II), of “period,” for “period, or”, (ii) by the substitution, in clause (III), of “consecutive days, or” for “consecutive days,” and (iii) by the insertion of the following clause after clause (III): “(IV) where the registered medical practitioner is satisfied, having regard to all the circumstances, that the person no longer poses a risk to others of infection with Covid-19 or the virus SARS-CoV-2, such earlier date, after the expiration of a period of 10 days commencing on the day the person is admitted to a designated facility, that the medical practitioner determines,”, (d) by the insertion of the following subsection after subsection (3): “(3A) A person who is an applicable traveller by virtue of subsection (1)(b) shall not be required to quarantine at a designated facility where the circumstances prescribed in regulations made under section 38G(1)(de) exist in relation to the person.”, (e) in subsection (6), by the substitution of “a pre-travel test as defined in, and in accordance with the requirements of, any regulations made under this Act” for “a RT-PCR test in accordance with the requirements of any regulations”, (f) in subsection (9), by the substitution of “a pre-travel test as defined in, and in accordance with the requirements of, any regulations made under this Act” for “a RT-PCR test”, (g) in subsection (16)— (i) by the substitution, in paragraph (f), of “was erroneous,” for “was erroneous, or”, (ii) by the substitution in paragraph (g)(iv) of “a pre-travel test” for “a RT-PCR test”, (iii) by the substitution, in paragraph (g)(vi), of “is not detected, or” for “is not detected.”, and (iv) by the insertion of the following paragraph after paragraph (g): “(h) he or she, being an applicable traveller by virtue of subsection (1)(b), is at the time of making the request a person in relation to whom the circumstances prescribed in regulations made under section 38G(1)(de) exist.”, (h) in subsection (17)(a), by the insertion of the following subparagraph after subparagraph (vii): “(viii) in the case of a request made under paragraph (h) of that subsection and subject to subsection (18), the officer is satisfied that the circumstances referred to in that paragraph exist in relation to the person who made the request,”,

(i) in subsection (18), by the substitution of “subsection (17)(a)(iv), (v), (vi) or (viii)” for “subsection (17)(a)(iv), (v) or (vi)”, and (j) in subsection (25)— (i) by the substitution, in paragraph (e), of the definition of “exempted traveller”, of “pre-travel test result in accordance with the requirements of any regulations made under this Act” for “RT-PCR test result”, and (ii) by the deletion, in the definition of “RT-PCR test”, of “, other than in subsection (1)(b)(ii) and subsection (16)(g)(iv),”.

Amendment of section 38G of Act of 1947 6. Section 38G(1) of the Act of 1947 is amended— (a) by the substitution, in paragraph (c), of “provide for such” for “such”, and (b) by the insertion of the following paragraphs after paragraph (d): “(dd) having regard to the advice of the Chief Medical Officer of the Department of Health, prescribe a test, the purpose of which is to detect Covid-19 or the virus SARS-CoV-2 in the person to whom it is administered, that may be used as an alternative to a RT-PCR test (within the meaning of section 38B(25)) for the purposes of such provisions of sections 38B to 38L and such regulations made under this Act as he or she may prescribe and in so prescribing, the Minister may, in relation to such a test— (i) provide for the manner in which the test shall be administered, (ii) prescribe a person as a person approved by the Minister to conduct the test, and (iii) prescribe such fee (if any) to be paid by a person who takes the test, (de) having regard to the advice of the Chief Medical Officer of the Department of Health, prescribe the circumstances in which a person who is an applicable traveller by virtue of section 38B(1)(b) shall not be required to quarantine at a designated facility and, without prejudice to the generality of the foregoing, may prescribe that such a person shall not be required to so quarantine where— (i) the person presents himself or herself to a relevant person or a member of the Garda Síochána on his or her arrival in the State, (ii) the person takes a test prescribed by, and in accordance with, regulations under paragraph (dd) on his or her arrival in the State, (iii) the person pays such fee as may be prescribed for the test, (iv) the person remains at such place as he or she may be directed to remain by a relevant person or a member of the Garda Síochána until the receipt of the result of the test, and (v) the result of the test is that Covid-19 or the virus SARS-CoV-2 is not detected,”.

Amendment of section 38K of Act of 1947 7. Section 38K(1) of the Act of 1947 is amended in paragraph (c)— (a) by the substitution, in subparagraph (i), of “a pre-travel test as defined in, and in accordance with the requirements of, any regulations made under this Act” for “a RT-PCR test”, (b) by the substitution, in subparagraph (iv), of “test,” for “test, and”, (c) by the insertion of the following subparagraph after subparagraph (iv): “(iva) recording whether or not an applicable traveller has taken a test prescribed by regulations under section 38G(1)(dd) in the State and, if so, the result of such test, and”, and (d) by the substitution, in subparagraph (v), of “in accordance with section 38B and regulations under section 38G(1)(de)” for “in accordance with section 38B”.

1 OJ No. L 211, 15.06.2021, p. 1 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais