HEALTH ACT, 1947

AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE HEALTH OF THE PEOPLE AND TO PROVIDE FOR THE MAKING OF REGULATIONS BY VIRTUE OF WHICH CERTAIN CHARGES MAY BE MADE. [13th August, 1947.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I. Preliminary and General.

1. Short title.

1.—This Act may be cited as the Health Act, 1947.

2. Definitions.

2.—(1) In this Act—

the expression “adult person” means a person who is sixteen years of age or older;

the word “advertisement” includes every form whatsoever of recommendation of any thing to the public, including, in particular—

• (a) the statement of the name of such thing or of any brand, trade description or designation by reference to which such thing is sold, where such statement may reasonably be regarded as a recommendation of such thing to the public,

• (b) the statement of any properties of such thing on a label, container or wrapper used for such thing or in a leaflet, circular, pamphlet or brochure issued to the public or on request or given to a purchaser of such thing,

and cognate words shall be construed accordingly;

the word “aircraft” has the same meaning as it has in the Air Navigation and Transport Act, 1936 (No. 40 of 1936);

F1[F2[…]

F2[…]

F2[…]]

F3["cessation order" has the meaning assigned to it in section 31AH;]

the expression “chief medical officer” means a county medical officer for a county or a city medical officer for a county borough;

the word “child” means a person who is less than sixteen years of age;

the expression “coastal waters” means waters within a distance of three nautical miles from any point on the coast measured from low-water mark of ordinary spring tides;

F3["compliance notice" has the meaning assigned to it by section 31AG;]

F3["compliance officer" means a person designated as a compliance officer under section 31AD;]

F3["Covid-19" has the meaning it has in section 31A;]

F1[F2[…]

F2[…]]

F3["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;]

the word “disinfestations” means the cleansing and protection of any person or thing from vermin;

the expression “district medical officer” means a medical officer of health under section 73 of this Act;

the word “dwelling” includes—

• (a) a part of a house, and

• (b) a temporary dwelling;

F4["dwelling event provision" shall be construed in accordance with subsection (6D) of section 31A;]

F3["emergency cessation order" has the meaning assigned to it by section 31AF;]

the word “enactment” includes any order or regulation made under an Act;

F3["EU Digital Covid Certificate" has the meaning it has in the Digital Covid Certificate Regulation;]

F4["fixed penalty provision" shall be construed in accordance with subsection (6C) of section 31A;]

the expression “health authority” means a council of a county or a corporation of a county borough;

the expression “health institution” means an institution maintained by a health authority pursuant to section 10 of this Act;

F3["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;]

the expression “infected premises notice” means a written notice that, within the three months immediately preceding the giving of the notice, a person has been residing in or has occupied specified premises while suffering from a specified infectious disease;

the word “infectious” includes contagious and the word “infection” includes contagion;

the expression “infectious disease” means primarily any disease included in regulations under subsection (1) of section 29 whether absolutely or by definition of a particular stage of such disease, but in any section of Part IV of this Act from the application of which a disease or a stage of a disease is excluded under subsection (2) of the said section 29, the expression does not include such disease or such disease in such stage, as the case may be;

the expression “institution” means a hospital, sanatorium, maternity home, convalescent home, preventorium, laboratory, clinic, health centre, first-aid station, dispensary or any similar institution;

the expression “institutional services” includes—

• (a) maintenance in an institution,

• (b) diagnosis, advice and treatment at an institution,

• (c) appliances and medicines and other preparations,

• (d) the use of special apparatus at an institution;

the expression “the manager” means—

• (a) as respects a health authority which is the corporation of a county borough—the manager for the purposes of the Acts relating to the management of the borough, and

• F5[(b) as respects a health authority which is the council of a county or a health authority established by the Health Authorities Act, 1960—the manager for the purposes of the County Management Acts, 1940 to 1955;]

the expression “medical officer of health” means a chief medical officer, an assistant county medical officer for a county, an assistant city medical officer for a county borough F6[or any other medical officer who is an assistant to a chief medical officer] or a district medical officer;

the expression “the Minister” means the Minister for Health;

F1[F2[…]]

the word “parent” means, in relation to a child, the person having the legal custody of the child and, where owing to the absence of such person or for any other reason the child is not living with or is not in the actual custody of such person, includes the person with whom the child is living or in whose actual custody the child is;

F4["penal provision" means a provision that is stated in regulations under section 31A to be a penal provision for the purposes of this Act;]

F3["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);]

the word “prescribed” means prescribed by regulations made by the Minister under this Act;

F3["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;]

the expression “public conveyance” includes a conveyance available for private hire;

F3["relevant body" means—

• (a) the Health Service Executive,

• (b) the Health and Safety Authority, and

• (c) such other body as may be prescribed;]

F3["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);]

F1[F2[…]]

the expression “sanitary authority” has the same meaning as in the Public Health Acts, 1878 to 1931;

the expression “the school manager” means in relation to a school or college, the person for the time being managing the school or college;

the expression “temporary dwelling” means any—

• (a) tent, or

• (b) van, or other conveyance (whether on wheels or not), or

• (c) shed, hut or similar structure, or

• (d) vessel;

the word “vermin” means any insects, being bugs, fleas, lice or itch mites, and includes the eggs, larvæ and pupæ of such insects, and the word “verminous” shall be construed accordingly;

the word “vessel” includes any ship, boat, barge or lighter.

• (2)
• (a) For the purposes of this Act, the functional area of a health authority shall include any coastal waters adjoining such functional area.

• (b) Where any coastal waters adjoin the functional areas of two or more health authorities, the Minister may by order provide that for the purposes of paragraph (a) of this subsection the whole or a specified part of the coastal waters shall be regarded as adjoining the functional area of any one of such health authorities, and the said paragraph (a) shall have effect accordingly.

• (3) A reference in this Act to contravention of any provision includes, where appropriate, a reference to contravention of that provision by failing or refusing to comply therewith.

3. Commencement.

3.—This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

4. Repeals.

4.—The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.

5. Regulations.

5.—(1) The Minister may make regulations in relation to anything referred to in this Act as prescribed.

• (2) Regulations under this Act may be so framed as to apply in relation to the whole of the State or to part or parts only of the State.

• (3) Where regulations under this Act require records to be kept in relation to the health of individuals, such provision shall be made therein as the Minister thinks necessary or proper for ensuring that the parts of such records containing the names of such individuals shall be treated in a confidential manner and shall not be published save with the consent of such individuals.

• (4) No regulation which includes provision in respect of a payment to be made to or by the Minister shall be made by the Minister under this Act without the consent to such provision of the Minister for Finance.

• (5) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

6. Continuation of existing regulations.

6.—Every regulation which was made under an enactment repealed by this Act and which was in force immediately before such repeal shall, upon and after such repeal, be deemed to be a regulation made 270 of 1975under the appropriate section of this Act and shall have effect and be capable of being amended or revoked accordingly.

7. Revocation or amendment of order made by the Minister under this Act.

7.—Every power conferred by this Act on the Minister to make any order shall be construed as including a power to revoke or amend any order made under such power and to make another order in lieu of any order so revoked.

8. Collection and disposal of moneys payable to the Minister.

8.—(1) All moneys payable under this Act or any regulations made under this Act to the Minister shall be collected and taken in such manner as the Minister for Finance shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister.

• (2) The Public Offices Fees Act, 1879, shall not apply in respect of any moneys payable under this Act or any regulations made under this Act to the Minister.

9. Expenses of the Minister.

9.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

9A. F8[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.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.]

9B. F9[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.

• (2) The jurisdiction of the Circuit Court under sections 31AB to 31AK shall be exercised by a judge of the Circuit Court for the time being assigned to the circuit in which the relevant indoor premises are situate.]

9C. F10[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.

• (2) A notice or other document that is required to be served on or given to an indoor operator by this Act shall, where the indoor operator concerned falls within the meaning of paragraph (b) of the definition of "indoor operator", be addressed to every person entered in the register of clubs as an official or member of its committee of management or governing body at the material time by name and may be so served or given by leaving the notice or other document at the address of the premises to which the certificate of registration under the Registration of Clubs Acts 1904 to 2008 applies as entered in that register.

• (3) For the purpose of this Act, a company registered under the Companies Act 2014is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.]

PART II. Institutions.

10. Provision and maintenance of health institutions.

10.—F11[…]

11. Discontinuance of health institution.

11.—F12[…]

12. Agreement for use of institution.

12.—F13[…]

13. Joint user of certain institutions by health authority and public assistance authority.

13.—F14[…]

14. Transfer of district institution.

14.—F15[…]

15. Transfer of institution maintained by sanitary authority.

15.—F16[…]

16. Transfer of the Hospital of Saint Margaret of Cortona to the Dublin Corporation.

16.—F17[…]

17. Charges for institutional services.

17.—F18[…]

18. Management of health institutions.

18.—F19[…]

19. Amendment of subsection (2) of section 6 of Tuberculosis (Establishment of Sanatoria) Act, 1945.

19.—F20[…]

20. Power to provide land for an institution.

20.—F21[…]

PART III. Mother and Child Service.

21. Safeguarding of health of women as respects motherhood.

21.—F22[…]

22. Attendance to health of children not pupils of schools.

22.—F23[…]

23. Attendance to health of pupils of schools.

23.—F24[…]

24. Notice of medical inspection of children.

24.—F25[…]

25. Obligation to submit children to medical inspection.

25.—F26[…]

26. Affording of facilities for medical inspection of children at schools.

26.—F27[…]

27. Grant for mother and child service.

27.—An amount not exceeding one-half of the expenses certified by the Minister to have been properly incurred in accordance with regulations made under section 28 of this Act, by a health authority in the execution of this Part of this Act shall be paid to the health authority out of moneys provided by the Oireachtas.

28. Regulations as to exercise by health authorities of their powers under Part III.

28.—F29[…]

PART IV. Infectious Disease And Infestation.

Chapter I. Infectious Disease.

29. Infectious diseases.

29.—(1) The Minister may by regulation specify the diseases which are infectious diseases.

• (2) Regulations under subsection (1) of this section may exclude an infectious disease from the application of any particular section of this Part of this Act.

• (3) The Minister may define a disease in regulations under this section in any manner which he considers suitable including, in particular, by reference to any stage of the disease or by reference to any class of sufferers from the disease.

30. General duty to take precautions against infecting others with infectious disease.

30.—(1) A person who knows that he is a probable source of infection with an infectious disease shall, in addition to taking the precautions specifically provided for by or under this Part of this Act, take every other reasonable precaution to prevent his infecting others with such disease by his presence or conduct or by means of any article with which he has been in contact.

• (2) A person having the care of another person and knowing that such other person is a probable source of infection with an infectious disease shall, in addition to the precautions specifically provided for by or under this Part of this Act, take every other reasonable precaution to prevent such other person from infecting others with such disease by his presence or conduct or by means of any article with which he has been in contact.

• (3) A person who contravenes subsection (1) or (2) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

31. Regulations for preventing the spread of infectious disease.

31.—(1) The Minister may make regulations providing for the prevention of the spread (including the spread outside the State) of an infectious disease or of infectious diseases generally and for the treatment of persons suffering therefrom and the regulations may, in particular, provide for any of the matters mentioned in the Second Schedule to this Act.

• (2) Regulations under this section may provide for their enforcement and execution by officers of the Minister and by health authorities and their officers and may also—

• (a) with the consent of the Minister for Local Government provide for their enforcement and execution by officers of sanitary authorities,

• (b) with the consent of the Minister for Finance, provide for their enforcement and execution by officers of Customs and Excise,

• (c) with the consent of the Minister for Justice, provide for their enforcement and execution by specified officers of that Minister, and

• (d) with the consent of the Minister for Industry and Commerce, provide for their enforcement and execution in any Customs-free airport by specified officers of that Minister.

• (3) Regulations under this section may impose duties on officers concerned in the registration of births and deaths.

• (4) Regulations under this section may provide for and authorise the making of charges for the purposes of the regulations or for services performed thereunder and may provide for the recovery of such charges.

• (5) Regulations under this section may provide for the particulars to be contained in notices to be given under the regulations and for the manner in which such notices may be given.

• (6) The Minister shall not make under this section regulations relating to large public service vehicles (as defined in section 3 of the Road Traffic Act, 1933 (No. 11 of 1933)), vehicles for the conveyance of passengers by rail, vessels or aircraft save after consultation with the Minister for Industry and Commerce.

• (7) Where regulations under this section require adult persons to submit themselves or the parents of children to submit such children to specified measures in relation to the protection or immunisation of such adult persons or children against a particular infectious disease, such regulations shall contain provision—

• (a) for the giving of notice of the time and place at which a person will be required to submit himself or the parent of a child will be required to submit such child to any such specified measures, and

• (b) for the giving of information to such person or such parent of the right to exemption under section 32 of this Act.

• (8) A person who contravenes a regulation under this section or who wilfully obstructs the execution of a regulation under this section or who gives false or misleading information in purported compliance with a request for information made under a regulation made under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds and, in the case of a continuing offence, to a further fine not exceeding ten pounds for each day on which the offence is continued or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine or fines and such imprisonment.

• (9) Where a provision of this Part of this Act or any other enactment requires special precautions to be taken to prevent the spread of infectious diseases or of any particular infectious disease, such provision shall not be construed as restricting the power of making regulations conferred by this section.

• F30[(10) Regulations under this section may, in particular, require the vaccination against smallpox of persons engaged in work at or about airports or seaports, and—

• (a) the obligation to contain the provision referred to in paragraph (b) of subsection (7) of this section shall not apply as respects such regulations, and

• (b) section 32 of this Act shall not apply in relation to such vaccination.]

31A. F31[Regulations for preventing, limiting, minimising or slowing spread of Covid-19

31A.—(1) The Minister may, 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), make regulations for the purpose of preventing, limiting, minimising or slowing the spread of Covid-19 (including the spread outside the State) or where otherwise necessary, to deal with public health risks arising from the spread of Covid-19 and, without prejudice to the generality of the foregoing, such regulations may, in particular, provide for all or any of the following:

• (a) restrictions to be imposed upon travel to or from the State;

• (b) restrictions to be imposed upon travel to, from or within geographical locations to which an affected areas order applies;

• (c) without prejudice to the generality of paragraph (b), restrictions to be imposed upon persons or classes of persons resident in, working in or visiting locations referred to in paragraph (b) including (but not limited to)—

• (i) requiring persons to remain in their homes, or

• (ii) without prejudice to any other provisions of this Act or regulations made thereunder requiring persons to remain in such other places, as may be specified by the Minister;

• (d) the prohibition of events, or classes of events, including (but not limited to) events—

• (i) which, by virtue of the nature, format, location or environment of the event concerned or the arrangements for, or the activities involved in, or the numbers likely to be attending, the event could reasonably be considered to pose a risk of infection with Covid-19 to persons attending the event,

• (ii) at specified geographical locations to which an affected areas order applies,

• (iii) at locations which by virtue of the nature, format, or environment of the locations concerned or the arrangements for, or the activities involved in, or the numbers likely to be attending the type of events at the locations, could reasonably be considered to pose a risk of infection with Covid-19 to persons attending at events at those locations,

• (iv) where the level of proposed attendance or likely level of attendance at the event could reasonably be considered to pose a risk of infection with Covid-19 to persons attending the event;

• (e) the safeguards required to be put in place by event organisers in relation to events in order to prevent, limit, minimise or slow the risk of persons attending any such event of being infected with Covid-19;

• (f) the safeguards required to be put in place by owners or occupiers of a premises or a class of premises (including the temporary closure of such premises) in order to prevent, limit, minimise or slow the risk of persons attending such premises of being infected with Covid-19;

• (g) the safeguards required to be put in place by owners or occupiers of any other place or class of place, (including the temporary closure of such place or class of place) in order to prevent, limit, minimise or slow the risk of persons attending at such place or class of place of being infected with Covid-19;

• (h) without prejudice to the generality of the foregoing paragraphs, the safeguards required to be put in place by managers (howsoever described) of schools, including language schools, creches or other childcare facilities, universities or other educational facilities (including the temporary closure of such facilities) to prevent, minimise, limit, or slow the risk of infection of persons attending such premises of being infected with Covid-19;

• (i) any other measures that the Minister considers necessary in order to prevent, limit, minimise or slow the spread of Covid-19;

• (j) the giving of notices, the particulars to be contained therein and the manner in which such notices may be given for the purposes of the regulations;

• (k) such additional, incidental, consequential or supplemental matters as the Minister considers necessary or expedient for the purposes of giving full effect to the regulations.

• (2) When making regulations under subsection (1), the Minister—

• (a) shall have regard to the following:

• (i) the fact that a national emergency has arisen of such character that there is an immediate and manifest risk to human life and public health as a consequence of which it is expedient in the public interest that extraordinary measures should be taken to safeguard human life and public health;

• (ii) the fact that a declaration of Public Health Emergency of International Concern was made by the World Health Organisation in respect of Covid-19 and that Covid-19 was duly declared by that Organisation to be a pandemic;

• (iii) the fact that Covid-19 poses significant risks to human life and public health by virtue of its potential for incidence of mortality;

• (iv) the policies and objectives of the Government to take such protective measures as are practicable to vindicate the life and bodily integrity of citizens against a public health risk;

• (v) the need to act expeditiously in order to prevent, limit, minimise or slow the spread of Covid-19;

• (vi) the resources of the health services, including the number of health care workers available at a given time, the capacity of the workers to undertake measures, to test persons for Covid-19 and to provide care and treatment to persons infected with Covid-19, the necessity to take such measures as are appropriate to protect health care workers from infection from Covid-19, and the capacity of hospitals or other institutions to accommodate and facilitate the provision of care and treatment to infected persons;

• (vii) the resources, including the financial resources, of the State;

• (viii) the advice of the Chief Medical Officer of the Department of Health,

and

• (b) may, have regard to any relevant guidance (including, in particular, any guidance relating to the risk assessment for, and case definition relating to, Covid-19) provided by the World Health Organisation, the European Centre for Disease Prevention and Control, the Health Protection Surveillance Centre of the Health Service Executive and other persons with relevant medical and scientific expertise.

• (3) Before making regulations under subsection (1), the Minister—

• (a) shall consult any other Minister of the Government as he or she considers appropriate having regard to the functions of that other Minister of the Government, and

• (b) may consult any other person as the Minister considers appropriate for the purposes of these regulations.

• (4) The Minister may, having consulted any other Minister of the Government as he or she considers appropriate having regard to the functions of that other Minister of the Government, exempt specified classes of persons including, but not limited to persons, who perform essential services, including statutory duties or other specified public or other services, from regulations under subsection (1).

• (5) This section is without prejudice to the provisions of section 31, including as they may relate to Covid-19.

• (6) A person who—

• (a) F32[subject to section 31AB, contravenes] a provision of a regulation made under subsection (1) that is stated to be a penal provision,

• (b) obstructs, interferes with or impedes a relevant person in the course of exercising a power conferred by regulations under this section on that relevant person,

• (c) fails or refuses to give to a relevant person information—

• (i) that is within the first-mentioned person’s knowledge,

• (ii) that the first-mentioned person is required by regulations under this section to give the relevant person, and

• (iii) that the first-mentioned person has been requested to give, or has been otherwise informed of the requirement to give, to a relevant person,

or

• (d) in purported compliance with a requirement under regulations under subsection (1), gives information to a relevant person that, to the first-mentioned person’s knowledge, is false or misleading in any material particular,

shall be guilty of an offence.

F33[6A) (a) Without prejudice to the generality of this section and of sections 95 and 96 but subject to paragraphs (b) and (c), the Minister may, in respect of a provision of a regulation made under subsection (1) that is stated to be a penal provision, prescribe such provision to be a relevant provision for the purposes of the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 and, where he or she does so, the provision so prescribed shall be enforceable under and in accordance with that Act.

• (b) When prescribing a provision of a regulation for the purposes of this subsection, the Minister shall, in addition to the matters specified in subsection (2), have regard to—

• (i) the risks with regard to the spread of Covid-19 associated with gatherings of persons and, in particular, where such gatherings are connected with the consumption of intoxicating liquor,

• (ii) the need to take such additional protective measures as are practicable in order to mitigate those risks and to prevent, limit, minimise or slow the spread of Covid-19 in an effective manner,

• (iii) the extent to which the additional enforcement measures provided for in the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 could assist in mitigating those risks and preventing, limiting, minimising or slowing the spread of Covid-19 in an effective manner, and

• (iv) the need to take additional protective measures to assist and support the State’s efforts to promote and maintain the normal functioning of society, to protect the gradual re-opening of society and, to the greatest extent possible, to avoid the imposition or re-imposition of restrictions thereon.

• (c) Before prescribing regulations under this subsection, the Minister shall consult the Minister for Justice and Equality and any other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government.

• (6B) Subsection (6A) is in addition to and not in substitution for any powers of enforcement conferred on a member of the Garda Síochána by or under this section or any other provision of this Act, or any other enactment.]

• F34[(6C)
• (a) The Minister may make regulations prescribing such one or more penal provisions as are specified in the regulations to be fixed penalty provisions.

• (b) When prescribing a penal provision to be a fixed penalty provision, the Minister shall, in addition to the matters specified in subsection (2), have regard to—

• (i) the nature of the act or omission of which the offence under the penal provision concerned consists,

• (ii) the extent to which the prescribing of a penal provision as a fixed penalty provision would be of assistance in preventing, interrupting or otherwise retarding the spread of Covid-19, and

• (iii) the utility of providing for such additional means of enforcement of penal provisions as part of the effort on the part of the State to—

• (I) maintain, and enable the graduated restoration of, the normal functioning of society, or

• (II) avoid the imposition of restrictions or further restrictions on society.

• (c) The Minister may make regulations prescribing— (i) the form of a fixed payment notice, or (ii) the process to be followed by a member of the Garda Síochána when giving a person a fixed payment notice.

• (d) The Minister shall, before prescribing a fixed penalty provision in regulations under this section, consult with the Minister for Justice and Equality.

• (6D)
• (a) The Minister may make regulations prescribing such one or more penal provisions as are specified in the regulations to be dwelling event provisions.

• (b) When prescribing a penal provision to be a dwelling event provision, the Minister shall, in addition to the matters specified in subsection (2), have regard to—

• (i) the risks with regard to the spread of Covid-19 associated with gatherings of persons, particularly indoors or in confined spaces,

• (ii) the nature of the act or omission of which the offence under the penal provision concerned consists,

• (iii) the extent to which the prescribing of a penal provision to be a dwelling event provision would be of assistance in preventing, interrupting or otherwise retarding the spread of Covid-19, and

• (iv) the utility of providing for such additional means of enforcement of penal provisions as part of the effort on the part of the State to—

• (I) maintain, and enable the graduated restoration of, the normal functioning of society, or

• (II) avoid the imposition of restrictions or further restrictions on society.

• (c) The Minister shall, before prescribing a dwelling event provision in regulations under this section, consult with the Minister for Justice and Equality.

• (6E) In proceedings for an offence under this section consisting of a contravention of a dwelling event provision, it shall be presumed, unless the contrary is proved, that the occupier of the dwelling in respect of which the offence is alleged to have been committed was the event organiser.]

• F35[(6F) In any prosecution for an offence under this section in respect of which a person is seeking to rely on a defence of reasonable excuse, it shall be for the person, for that purpose, to adduce evidence of the existence of such reasonable excuse in respect of the offence concerned.]

• (7) A member of the Garda Síochána who suspects, with reasonable cause, that a person is contravening or has contravened a provision of a regulation made under subsection (1) that is stated to be a penal provision, may, for the purposes of ensuring compliance with the regulation, direct the person to take such steps as the member considers necessary to comply with the provision.

• (8)
• (a) A person who, without lawful authority or reasonable excuse, fails to comply with a direction under subsection (7) shall be guilty of an offence.

• (b) A member of the Garda Síochána may arrest without warrant a person whom the member has reasonable cause for believing is committing or has committed an offence under this subsection.

• (9) A member of the Garda Síochána who has reasonable grounds for believing that a person is committing or has committed an offence under this section may require the person to state his or her name and address.

• (10) A person who fails or refuses to state his or her name and address in compliance with a requirement under subsection (9), or who, in purported compliance with such a requirement, states a name or address that is false or misleading, shall be guilty of an offence.

• (11) A member of the Garda Síochána may arrest without warrant any person whom the member has reasonable cause for believing has committed an offence under subsection (10).

• F36[(12)
• F37[(a) Subject to paragraph (b), a person guilty of an offence under this section is liable on summary conviction—

• (i) in the case of a first such offence, to a fine not exceeding €4,000 or imprisonment for a term not exceeding one month or both,

• (ii) in the case of a second such offence, to a fine not exceeding €4,500 or imprisonment for a term not exceeding 3 months or both, and

• (iii) in the case of a third or subsequent such offence, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both.]

• (b) Notwithstanding subparagraph (i) or (ii) of paragraph (a), the court may, in respect of an offence to which either of those subparagraphs applies, impose a fine or term of imprisonment or both, to which a person guilty of an offence referred to in subparagraph (iii) of that paragraph would be liable, if the court considers that there were aggravating circumstances in relation to the commission of the first-mentioned offence that warrant the imposition of such fine or term of imprisonment or both.

• (c) A court shall take account of the following matters when determining whether or not there existed aggravating circumstances in relation to the commission of an offence:

• (i) in the case of an offence relating to the organisation of an event in contravention of a penal provision, the number of persons attending that event;

• (ii) the degree of danger to public health that was occasioned by the commission of the offence;

• (iii) the extent to which the person guilty of the offence concerned refused to comply with lawful requests or directions of a member of the Garda Síochána.]

• (13)
• (a) Regulations under subsection (1) may provide for their implementation and enforcement by a person (in this section referred to as a "relevant person"), or group of such relevant persons, as may be specified, and for this purpose different persons, or combinations of persons, may be so specified for different purposes in, or in relation to different provisions of, such regulations.

• (b) Without prejudice to the generality of paragraph (a), persons who may be specified under this subsection include—

• (i) an authorised officer,

• (ii) a medical officer of health,

• (iii) an officer of the Minister for Justice and Equality,

• (iv) an officer of customs (within the meaning of the Customs Act 2015), or

• (v) a person, or group of persons, appointed by the Health Service Executive.

• (14) Without prejudice to the generality of section 95, a relevant person may, in the course of exercising a power or performing a function conferred on that officer by regulations under subsection (1), require a member of the Garda Síochána to assist in the exercise of the power or the performance of the function, including by way of temporarily detaining any person, bringing a person to any place, breaking open of any premises, or any other action in which the use of force may be necessary and is lawful, and any member of the Garda Síochána so required shall comply with the requirement.

• (15) F38[…]

• (16) In this section, section 31B and section 38A—

"event" means a gathering of persons, whether the gathering is for cultural, entertainment, recreational, sporting, commercial, work, social, community, educational, religious or other reasons, and includes but is not limited to a gathering which is required to be subject to a consent, licence or other form of permission granted in relation to it by any Minister of the Government or public body pursuant to any enactment or rule of law which provides for the regulation of proper planning and sustainable development, traffic management, sale of alcohol, safety and health at work or otherwise;

F39["event organiser" means—

• (a) in relation to an event in a dwelling, a person who arranges, organises or manages the event, or otherwise causes or permits the event to take place, and

• (b) in relation to an event in a place other than a dwelling, any person who—

• (i) engages in the publicising, arranging, organising or managing of the event, or

• (ii) receives some or all of the proceeds (if any), from the event;]

F40["licence" means, in relation to a dwelling, a licence given to a person by the owner of the dwelling permitting the person to enter and reside in the dwelling (whether or not for valuable consideration);

"occupier" means, in relation to a dwelling—

• (a) a person who—

• (i) resides in the dwelling, and

• (ii) is the owner of the dwelling, or

• (b) a person who resides in the dwelling pursuant to a licence (except where the owner of the dwelling also resides therein);

"owner" means, in relation to a dwelling, any person (other than a mortgagee not in possession) who has an estate or interest in the dwelling;]

"premises" includes a building or any part of a building, any outdoor space surrounding or adjacent to the premises, whether or not used in conjunction with the premises, any land, premises, tent, caravan, or other temporary or moveable structure, ship or other vessel, aircraft, railway carriage or other vehicle (whether stationary or otherwise) and any storage container.

• (17) In this section, F37[sections 31B, 38A, 38B, 38C, 38D, 38E, 38F and 38G]—

"Covid-19" means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations;

"European Centre for Disease Prevention and Control" means the Agency established under the provisions of Regulation (EC) No. 851/2004¹ of the European Parliament and of the Council of 21 April 2004 establishing a European centre for disease prevention and control.]

31AA. F41[Confirmation of certain provision of regulation under section 31A(1) as fixed penalty provision

31AA.—(1) Regulation 4A (1) (inserted by Regulation 5 of the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 10) (Amendment) (No. 2) Regulations 2021 (S.I. No. 29 of 2021)) of the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 10) Regulations 2020 (S.I. No. 701 of 2020) shall be deemed to have been, for the duration of the relevant period, prescribed, in accordance with section 31A(6C), to be a fixed penalty provision.

• (2) A fixed payment notice given, during the relevant period, under section 31C to a person in respect of an alleged offence consisting of a contravention of the provision referred to in subsection (1) shall be deemed to be, and always to have been, valid.

• (3) In this section, "relevant period" means the period beginning on the coming into operation of the provision referred to in subsection (1) and ending on the coming into operation of the Health Act 1947 (Fixed Payment Notice and Dwelling Event Provisions) (Covid-19) (Amendment) (No. 2) Regulations 2021 ( S.I. No. 62 of 2021).]

31AB. F42[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.

• (2) It shall not be lawful for an indoor operator to permit, or otherwise grant, access to persons or such class of persons as may be prescribed in regulations referred to in subsection (1) during any period of time prescribed in regulations under section 31A during which access is prohibited.

• (3) The conditions referred to in subsection (1) are as follows, namely:

• (a) that the indoor operator has taken reasonable steps (including by inspecting such documents, if any, as may be prescribed in regulations under subsection (4)) to ensure that a person other than a permitted person is not admitted to a relevant indoor premises;

• (b) that the indoor operator does not knowingly permit a person other than a permitted person to access a relevant indoor premises;

• (c) that personal data accessed by an indoor operator for the purposes of paragraph (a) is not retained by that person;

• (d) that without prejudice to the requirement to adhere generally to such guidelines as are for the time being in place with respect to an indoor premises, the indoor operator adheres to such guidelines set out by certain bodies (or specific parts of such guidelines) as are prescribed by the Minister under subsection (4)(h);

• (e) that the indoor operator complies with such additional conditions as may be prescribed under subsection (4)(f).

• (4) Without prejudice to the generality of section 31A(1), the Minister may make regulations giving full effect to this section, and, without prejudice to the generality of the foregoing, such regulations may, in particular, provide for all or any of the following:

• (a) the safeguards required to be put in place by the owners, occupiers, managers, licence holders of, or other persons (howsoever described) in charge of relevant indoor premises, including by reference to persons, or classes of persons, being permitted different levels of access to such premises on the basis of different levels of immunity or resistance to, or vaccination or inoculation against, Covid-19;

• (b) without prejudice to the generality of sections 31AC to 31AK, particularising or specifying further matters relating to the operation and enforcement, as the case may be, of any matters referred to in subsection (3);

• (c) prescribing additional classes of persons as permitted persons for the purposes of the definition of "permitted person" which may, if appropriate, include persons who have received the results of medical tests the purpose of which is to detect the presence of Covid-19, or the virus SARS-CoV-2, in the person to whom the test was administered;

• (d) prescribing types or categories of information or proof, or classes of such information or proof, (including electronic documentation, one or more classes of EU Digital Covid Certificates, and vaccines or combinations of vaccines) for the purposes of—

• (i) the definition of "proof of immunity", and

• (ii) allowing an indoor operator to ascertain whether or not a person is a permitted person;

• (e) prescribing an indoor premises, or a class of such premises—

• (i) as a relevant indoor premises for the purposes of paragraph (c) of the definition of "relevant indoor premises", or

• (ii) as a premises to which the definition of "relevant indoor premises" does not apply;

• (f) prescribing additional conditions for the purposes of subsection (3)(e), including different conditions in respect of one or more classes of premises;

• (g) without prejudice to the generality of sections 31AD to 31AK, prescribing—

• (i) additional bodies for the purpose of paragraph (c) of the definition of "relevant body", and the manner in which relevant bodies or compliance officers designated by a relevant body may carry out inspections of relevant indoor premises,

• (ii) the manner in which relevant bodies or compliance officers may inspect and verify proof of immunity or proof that a person is a permitted person, for the purposes of investigating or monitoring compliance with the conditions referred to in subsection (3), and

• (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.

• (5) When making regulations under subsection (4), the Minister—

• (a) shall have regard to the matters referred to in paragraph (a) of section 31A(2),

• (b) may have regard to the matters referred to in paragraph (b) of section 31A(2), and

• (c) may consult—

• (i) any other Minister of the Government as he or she considers appropriate having regard to the functions of that other Minister of the Government,

• (ii) a relevant body, and

• (iii) a body referred to in paragraph (h) of subsection (4).]

31AC. F43[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.

• (2) A person shall be guilty of an offence where he or she provides a document in response to the request of an indoor operator under subsection (1) that, to the person’s knowledge—

• (a) has been forged or fraudulently altered, or

• (b) relates to a person other than the person providing the document.

• (3) A person who is guilty of an offence under subsection (2) shall be liable on summary conviction to a class C fine.]

31AD. F44[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.

• (2) A compliance officer shall, when carrying out his or her functions under this section and under sections 31AE to 31AK, retain in his or her possession the written designation referred to in subsection (1) and may produce such designation on request and for inspection by such person as he or she sees fit.

• (3) The Minister may prescribe additional powers and functions that a compliance officer may exercise and carry out, respectively, for the purpose of giving effect to this section and sections 31AE to 31AK.]

31AE. F45[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).

• (2) Where, having made an inspection, examination, observation and enquiry under subsection (1), a compliance officer forms the view that an indoor operator has, without complying with the conditions referred to in section 31AB(3), permitted, or otherwise granted, persons access to a relevant indoor premises in contravention of regulations made under section 31A, the compliance officer shall—

• (a) inform the indoor operator of the fact that he or she has formed such a view,

• (b) direct the indoor operator to take such steps as the compliance officer considers appropriate in order to comply with such conditions, and

• (c) inform the indoor operator that failure to comply with such a direction may result in the compliance officer informing a member of the Garda Síochána of that fact or bringing an application to the District Court in accordance with sections 31AF or 31AH or issuing a compliance notice in accordance with section 31AG.

• (3) Where an indoor operator fails to comply with a direction under subsection (2), the compliance officer who issued the direction may, as he or she sees fit—

• (a) inform a member of the Garda Síochána of that fact,

• (b) bring an application to the District Court under sections 31AF or 31AH, or

• (c) issue a compliance notice under section 31AG.

• (4) A person who—

• (a) prevents or attempts to prevent a compliance officer from exercising the power conferred by subsection (1), or

• (b) obstructs or attempts to obstruct any such officer in the exercise of that power,

is guilty of an offence and is liable on summary conviction to a class C fine.]

31AF. F46[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.

• (2) An application under subsection (1) shall be made on the sworn information of the compliance officer concerned and shall state the basis on which the application is made.

• (3) The District Court may, in any case where it considers it appropriate to do so, adjourn the hearing of an application made under subsection (1) and direct that the indoor operator be notified of the date of the adjourned hearing and served with a copy of the sworn information referred to in subsection (2).

• (4) The District Court may make an emergency cessation order directing an indoor operator, notwithstanding section 31AB, not to permit, or otherwise grant, persons access to a relevant indoor premises where the court is satisfied that, in relation to a particular relevant indoor premises—

• (a) there has been a failure or refusal by an indoor operator to comply with a direction given under section 31AE(2),

• (b) such failure or refusal is continuing or is likely to recur, and

• (c) the making of the order is appropriate in the circumstances.

• (5) An emergency cessation order—

• (a) shall specify the ground or grounds for making the order, and

• (b) shall specify the date on which, and the time on that date from which, the order is to take effect.

• (6) Where an application is heard ex parte, a compliance officer shall notify the indoor operator concerned forthwith of the making of an emergency cessation order and shall, at the same time, provide a copy of the sworn information referred to in subsection (2) to the indoor operator.

• (7) Subject to subsection (8), where an emergency cessation order has been made ex parte, the indoor operator may apply to the District Court to have the order discharged.

• (8) An application under subsection (7) may only be made where the indoor operator has notified in writing the relevant body by which the compliance officer was appointed of the making of the application not less than 6 hours prior to the sitting of the District Court at which the application is to be made.

• (9) The District Court shall, on application to it under subsection (7), discharge the order where the indoor operator proves to the satisfaction of the court that any directions given by a compliance officer to a person in respect of the relevant indoor premises have been and continue to be complied with.

• (10) The District Court may, on application to it under subsection (7), discharge an emergency cessation order where—

• (a) the indoor operator gives an undertaking to the court that the conditions in section 31AB(3) will be complied with in respect of the relevant indoor premises, and

• (b) the court is satisfied that the discharge of the order is appropriate in the circumstances.

• (11) This section applies whether or not a compliance notice has been issued in respect of the relevant premises concerned.]

31AG. F47[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).

• (2) A compliance notice shall be issued within 5 days from the giving of the direction concerned.

• (3) A compliance notice shall—

• (a) identify the conditions under section 31AB(3) that have not been or are not being complied with in respect of the relevant indoor premises,

• (b) state the grounds upon which any direction, given to an indoor operator in respect of the premises prior to the issuing of the notice, was made,

• (c) require the indoor operator to comply with any such direction forthwith and to comply with the conditions referred to in section 31AB(3), and

• (d) inform the indoor operator that the compliance officer may apply to the District Court for a cessation order under section 31AH.

• (4) A compliance notice shall take effect immediately upon service on the indoor operator.

• (5) An indoor operator may appeal a compliance notice under section 31AJ but the lodging of an appeal shall not, pending the outcome of the appeal, affect the operation of the notice.]

31AH. F48[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.

• (2) An application under subsection (1) shall be made on not less than 5 days’ notice to the indoor operator.

• (3) Notwithstanding anything contained in the rules of court, not less than 7 days’ notice of an application under subsection (1) shall be given to the District Court.

• (4) The District Court shall give such priority to an application under subsection (1) as is necessary in the circumstances and may give such directions with regard to the hearing of the application as it considers appropriate in the circumstances.

• (5) Upon the hearing of an application under subsection (1), the District Court may make a cessation order where the court is satisfied that—

• (a) there has been a failure by an indoor operator to comply with a compliance notice in respect of a relevant premises,

• (b) that failure is continuing or is likely to recur in respect of the relevant indoor premises concerned, and

• (c) the making of the order is appropriate in the circumstances.

• (6) In determining whether to make a cessation order under this section, the District Court may take into account the conduct of an indoor operator regarding the operation of the relevant indoor premises in response to any direction, emergency cessation order or compliance notice in respect of the relevant indoor premises.

• (7) Subject to subsection (8), a cessation order shall have the effect of requiring a relevant indoor operator, notwithstanding section 31AB, not to permit, or otherwise grant, persons access to a relevant indoor premises for such period—

• (a) not exceeding 7 days in the case of the first such order made in respect of that premises, and

• (b) not exceeding 30 days in the case of the second or subsequent such order made in respect of that premises.

• (8) The District Court may, if it considers it appropriate to do so, having regard to any mitigating circumstances and any undertaking given to the court in relation to future compliance with the conditions in section 31AB(3), suspend, for such period as it considers appropriate, the operation of the order.

• (9) During any period that the operation of a cessation order stands suspended in accordance with subsection (8), a compliance officer may, on notice to the indoor operator, make an application to the District Court to revoke the suspension where he or she is of the opinion that—

• (a) an undertaking, given in accordance with that subsection, is not being complied with, or

• (b) there has been a change in the mitigating circumstances referred to in that subsection and some or all of those circumstances no longer apply.

• (10) The District Court shall, where it is satisfied that either of the matters set out in paragraph (a) or (b) of subsection (9) apply, revoke the suspension unless the court considers it would be unjust in all the circumstances to do so.

• (11) A compliance officer shall notify the indoor operator concerned of the making of a cessation order but, if the indoor operator or a legal representative (being a practising barrister, practising solicitor, or both (within the meaning of the Legal Services Regulation Act 2015 )) of the indoor operator is present at the sitting of the District Court at which that order is made, the indoor operator shall be taken to have been notified of its making for the purposes of this subsection.]

31AI. F49[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.

• (2) A person who fails to affix a notice in accordance with subsection (1) is guilty of an offence and is liable on summary conviction to a class C fine.

• (3) A person who permits a relevant indoor premises to be open for business in contravention of a cessation order or an emergency cessation order is guilty of an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 12 months, or both.]

31AJ. F50[Appeal against compliance notice

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

• (2) An appeal under subsection (1) shall be made not later than 7 days from the date on which the compliance notice was served.

• (3) The District Court shall give such priority to an appeal under subsection (1) as is necessary in the circumstances and may give such directions with regard to the hearing of the application as it considers appropriate in the circumstances.

• (4) On the hearing of an appeal under subsection (1), the District Court may confirm, vary or revoke the compliance notice.