Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st January, 2021.

I, STEPHEN DONNELLY, Minister for Health, in exercise of the powers conferred on me by sections 5 and 31A (inserted by section 10 of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (No. 1 of 2020)) of the Health Act 1947 (No. 28 of 1947) and -

(a) having regard to the immediate, exceptional and manifest risk posed to human life and public health by the spread of Covid-19 and to the matters specified in subsection (2) of section 31A, and

(b) having consulted with the Minister for Transport, the Minister for Enterprise, Trade and Employment, the Minister for Finance, the Minister for Justice and the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media,

hereby make the following regulations:

1. (1) These Regulations may be cited as the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 9) (Amendment) Regulations 2020.

(2) These Regulations shall come into operation on the 18th day of December 2020.

2. In these Regulations, “Principal Regulations” means the Health Act 1947 (Section 31A – Temporary Restrictions) (Covid-19) (No. 9) Regulations 2020 ( S.I. No. 560 of 2020 ).

3. Regulation 1 of the Principal Regulations is amended –

(a) in paragraph (2), by the substitution of “31st day of January 2021” for “17th day of December 2020”, and

(b) in paragraph (4), by the substitution of “31st day of January 2021” for “17th day of December 2020”.

4. Regulation 2 of the Principal Regulations is amended, in paragraph (1), in the definition of “relevant event”, by the substitution of the following paragraph for paragraph (a):

“(a) an event to be held in a dwelling,”.

5. Regulation 3 of the Principal Regulations is amended -

(a) in paragraph (1), by the substitution of “Subject to paragraphs (2) and (4),” for “Subject to paragraph (2),”, and

(b) by the insertion of the following paragraph after paragraph (3):

“(4) Paragraph (1) shall not apply during the period beginning on the 18th day of December 2020 and ending on the 6th day of January 2021.”.

6. Regulation 4 of the Principal Regulations is amended -

(a) by the substitution of the following paragraph for paragraph (1):

“(1) Subject to paragraph (5), a person shall not organise, or cause to be organised, an event to be held in a dwelling in a relevant geographical location other than in accordance with paragraph (2).”, and

(b) by the insertion of the following paragraph after paragraph (4):

“(5) Paragraph (1) shall not apply during the period beginning on the 18th day of December 2020 and ending on the 6th day of January 2021.”.

7. Regulation 6 of the Principal Regulations is amended -

(a) in paragraph (1), by the substitution of “Subject to paragraphs (2) and (4),” for “Subject to paragraph (2),”, and

(b) by the insertion of the following paragraph after paragraph (3):

“(4) Paragraph (1) shall not apply during the period beginning on the 18th day of December 2020 and ending on the 6th day of January 2021.”.

8. Regulation 9 of the Principal Regulations is amended, in paragraph (2) -

(a) by the substitution of the following subparagraph for subparagraph (c):

“(c) is a member of an inter-county team -

(i) at senior, under 20 or minor level, in a competition organised by the organisation commonly known and referred to as the Gaelic Athletic Association, or

(ii) at senior, minor, under 18 or under 16 level, in a competition organised by the organisations commonly known and referred to as the Ladies Gaelic Football Association or the Camogie Association,”, and

(b) by the insertion of the following subparagraphs after subparagraph (d):

“(da) is a member of a team, in a competition commonly known and referred to as the Underage National Leagues, for under 17 Girls, under 17 Boys or under 19 Boys, organised by the Football Association of Ireland,

(db) is a member of a team in a competition organised by the organisations commonly known and referred to as the Irish Rugby Football Union provincial academies,”.

9. Regulation 10 of the Principal Regulations is amended, in paragraph (3) –

(a) by the substitution of the following subparagraph for subparagraph (c):

“(c) is a member of an inter-county team -

(i) at senior, under 20 or minor level, in a competition organised by the organisation commonly known and referred to as the Gaelic Athletic Association, or

(ii) at senior, minor, under 18 or under 16 level, in a competition organised by the organisations commonly known and referred to as the Ladies Gaelic Football Association or the Camogie Association,”, and

(b) by the insertion of the following subparagraphs after subparagraph (d):

“(da) is a member of a team, in a competition commonly known and referred to as the Underage National Leagues, for under 17 Girls, under 17 Boys or under 19 Boys, organised by the Football Association of Ireland,

(db) is a member of a team in a competition organised by the organisations commonly known and referred to as the Irish Rugby Football Union provincial academies,”.

10. Regulation 12 of the Principal Regulations is amended -

(a) in paragraph (1), by the substitution of “Subject to paragraph (3A), a specified person shall” for “A specified person shall”, and

(b) by the insertion of the following paragraph after paragraph (3):

“(3A) (a) Subject to subparagraph (b), a specified person may, for the purpose of holding one or more live performances at the following premises:

(i) the Abbey Theatre (Amharclann na Mainistreach);

(ii) the National Concert Hall;

permit or otherwise grant access to members of the public to such premises.

(b) (i) The number of persons attending at each live performance shall not exceed –

(I) in the case of a premises referred to in clause (i) of subparagraph (a), 2 persons, or

(II) in the case of a premises referred to in clause (ii) of subparagraph (a), 100 persons.

(ii) For the purposes of clause (i), in reckoning the number of persons attending a live performance at a premises referred to in clause (i) or (ii) of subparagraph (a), no account shall be taken of persons so attending in a professional capacity, in the course of their employment, or in fulfilment of a contract for services.”.

11. The Principal Regulations are amended, in Schedule 2 -

(a) by the substitution of the following paragraph for paragraph 1:

“1. Theatres and concert halls (other than the Abbey Theatre (Amharclann na Mainistreach) and the National Concert Hall, in so far as those premises hold one or more live performances in accordance with Regulation 12 (3A)).”,

(b) by the substitution of the following paragraph for paragraph 15:

“15. Any business or service that is selling or supplying intoxicating liquor for consumption on the premises and that, but for Regulation 12, is otherwise permitted by law to do so -

(a) other than where (and without prejudice to the generality of subparagraph (3)(b) of that Regulation) such intoxicating liquor is -

(i) ordered by or on behalf of the member of the public being permitted, or otherwise granted, access to the premises, at the same time as a substantial meal is so ordered, during the meal or after the meal has ended, and

(ii) consumed by that member during the meal or after the meal has ended,

or

(b) other than insofar as they sell food or beverages on a takeaway basis for consumption off the premises.”, and

(c) by the deletion of paragraph 16.

GIVEN under my Official Seal,

17 December, 2020.

STEPHEN DONNELLY,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 9) Regulations 2020 ( S.I. No. 560 of 2020 ) to provide for the disapplication of certain restrictions over the Christmas Period (18 December 2020 to 6 January 2021). They also provide for certain sporting events and live performances to be held. The Regulations remain in operation until 31 January 2021.