Emergency Measures in the Public Interest (Covid-19) Act 2020

PART 1 Preliminary and General

1. Short title, commencement and operation

1. (1) This Act may be cited as the Emergency Measures in the Public Interest (Covid-19) Act 2020.

(2) (a) Part 3 shall come into operation on such day as the Minister for Housing, Planning and Local Government may by order appoint.

(b) Part 5 shall come into operation on the 30th day of March 2020.

(c) The amendments effected by Part 8 shall be deemed to have come into operation on the 13th day of March 2020.

(d) The amendments effected by Part 9 shall be deemed to have come into operation on the 13th day of March 2020.

F1[(3) The amendments to, and other modifications of, the Mental Health Act 2001 effected byPart 5continue in operation for the period beginning on the 10th day of June 2021 and ending on the later of—

(a) the 9th day of November 2021, or

(b) the date that is specified in a resolution passed by each House of the Oireachtas undersubsection (4).]

F2[(4) Each House of the Oireachtas may, before the 9th day of November 2021, pass a resolution to continue in operation the amendments to, and other modifications of, the Mental Health Act 2001 effected byPart 5for such period, not exceeding 3 months, that ends on a date specified in the resolution.

(5) For the avoidance of doubt, it is hereby declared that, on and from the 9th day of November 2021 or such later date as is specified in a resolution passed by each House of the Oireachtas undersubsection (4), the Mental Health Act 2001 shall apply and have effect as it applied and had effect immediately before the coming into operation ofPart 5but subject to any amendments made by any other Act of the Oireachtas after such coming into operation.]

2. Definition

2. In this Act, “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.

PART 2 Operation of Residential Tenancies Act 2004

3. Interpretation

3. (1) In this Part—

“Act of 2004” means the Residential Tenancies Act 2004;

“emergency period” means—

(a) the period of 3 months commencing on the enactment of this Act, and

(b) such other period (if any) as may be specified by order under section 4.

(2) In this Part—

(a) references to landlord shall be construed as including references to licensor within the meaning of section 37 of the Residential Tenancies (Amendment) Act 2019,

(b) references to tenant shall be construed as including references to licensee within such meaning, and

(c) references to tenancy shall be construed as including references to licence within such meaning.

(3) A word or expression that is used in this Part and in the Act of 2004 shall have the meaning in this Part that it has in that Act.

4. Extension of emergency period

4. (1) The Government may, on the request of the Minister for Housing, Planning and Local Government made—

(a) after consultation with the Minister for Health, and

(b) with the consent of the Minister for Public Expenditure and Reform,

from time to time, by order extend the emergency period for such period as they consider appropriate if they are satisfied that, having regard to—

(i) the threat to public health presented by Covid-19,

(ii) the highly contagious nature of that disease, and

(iii) the need to restrict the movement of persons in order to prevent the spread of the disease among the population,

the making of such order is in the public interest.

(2) Every order under this Part shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

5. Notices of termination under Act of 2004

5. (1) (a) A landlord shall not serve a notice of termination in relation to the tenancy of a dwelling during the emergency period.

(b) A tenant who, but for the operation of subsection (1), would not acquire any rights under Part 4 of the Act of 2004 shall not, by virtue of such operation, acquire such rights.

(2) (a) Subject to paragraph (b), where a notice of termination (that cites as a reason for the termination concerned the ground specified in paragraph 1 of the Table to section 34 of the Act of 2004) served before the emergency period specifies a termination date that falls during or after the emergency period, the termination date under that notice shall be deemed to be the revised termination date.

(b) If a dispute or complaint in respect of a matter that occasioned the giving of a notice to which paragraph (a) applies is referred to the Board in accordance with section 78 of the Act of 2004, that paragraph shall cease to have effect in relation to that notice—

(i) upon the expiration of 10 days from the making of a determination by an adjudicator under subsection (4) of section 97 of the Act of 2004 in relation to the dispute or complaint concerned save where an appeal from that determination is brought before the Tribunal, or

(ii) upon the making of a determination by the Tribunal under section 108 (other than a decision referred to in subsection (2) of that section) of the Act of 2004 in respect of such an appeal.

(3) Where a notice of termination (other than a notice of termination to which subsection (1) applies) referred to in section 34 of the Act of 2004 served before the emergency period specifies a termination date that falls during or after the emergency period, the termination date under that notice shall be deemed to be the revised termination date.

(4) (a) Where a notice of termination in respect of a tenancy of a dwelling of less than 6 months duration served before the emergency period specifies a termination date that falls during or after the emergency period, the termination date under that notice shall be deemed to be the revised termination date.

(b) A tenant shall not, by virtue of the operation of this subsection, acquire any rights under Part 4 of the Act of 2004.

(5) Section 67 of the Act of 2004 shall have effect during the emergency period as if, in subsection (3), “28 days” were substituted for “14 days”.

F3[(6) In this section "revised termination date" means, in relation to a notice of termination served before the emergency period, the later of the following dates:

(a) the date immediately following the expiration of a period that consists of the aggregate of—

(i) the period of notice that remained unexpired on the commencement of the emergency period, and

(ii) the emergency period;

or

(b) 10 August 2020.]

(7) F4[…]

6. Prohibition on rent increases under Act of 2004

6. Notwithstanding the Act of 2004, an increase in the rent under the tenancy of a dwelling—

(a) that, but for this section, would take effect during the emergency period shall not take effect during that period, and

(b) shall not be payable in respect of any period falling during the emergency period.

7. Proceedings before Tenancy Tribunal

7. Subsection (1) of section 106 of the Act of 2004 shall not have effect during the emergency period.

8. Entitlement to remain in occupation of dwelling during emergency period

8. (1) A tenant—

(a) upon whom a notice of termination was served in accordance with the Act of 2004 before the commencement of the emergency period, and

(b) who has remained in occupation of the dwelling to which the notice relates from the expiration of the required period of notice (whether or not with the consent of the landlord concerned) until the date of the commencement of the emergency period,

shall be entitled to remain in occupation of the dwelling until the expiration of the emergency period subject to terms and conditions that shall be the same as the terms and conditions that applied in respect of the tenancy of the dwelling concerned immediately before the service of that notice, unless—

(i) the tenant is required to vacate the dwelling in accordance with a determination of an adjudicator under subsection (4) of section 97 of the Act of 2004, or

(ii) where an appeal from that determination is brought, the tenant is required to vacate the dwelling in accordance with a determination of the Tribunal under section 108 of that Act.

(2) A person shall not, by virtue of the operation of this section, acquire any rights under Part 4 of the Act of 2004.

PART 3 Calculation of Time Limits Relating to Planning and Development

9. Calculation of time limits during emergency

9.The Planning and Development Act 2000 is amended by the insertion of the following section after section 251:

“251A. (1) Where calculating any appropriate period, specified period or other time limit referred to in the following Acts or provisions, or in any regulations made under those Acts or provisions, the period referred to in subsection (2) shall be disregarded:

(a) sections 4(4), 6 and 17(6) of the Building Control Act 1990;

(b) the Derelict Sites Act 1990;

(c) this Act;

(d) Part 2 of the Urban Regeneration and Housing Act 2015;

(e) Chapter 1 of Part 2 of the Planning and Development (Housing) and Residential Tenancies Act 2016.

(2) The period to be disregarded under subsection (1) is the period beginning on the date section 9 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 comes into operation and, subject to subsection (6), ending on the date that shall be specified by order under subsection (3) or that may be specified by order under subsection (4).

(3) Immediately following the coming into operation of section 9 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 the Government shall, at the request of the Minister made after consultation with the Minister for Health and with the consent of the Minister for Public Expenditure and Reform, by order specify the date on which the period to be disregarded under subsection (1) shall end.

(4) The Government, at the request of the Minister made after consultation with the Minister for Health and with the consent of the Minister for Public Expenditure and Reform, may by order—

(a) before the expiration of the period specified in the order under subsection (3), specify a date later than the date specified in that order on which the period to be disregarded under subsection (1) shall end, and

(b) thereafter, from time to time, but before the expiration of the period specified in the order made under paragraph (a), or where an order has been previously made under this paragraph, before the expiration of the period specified in the last order so made, specify a date later than the date specified in that order, on which the period to be disregarded under subsection (1) shall end.

(5) The Government, in deciding the date that shall be specified by order under subsection (3), or that may be specified by order under subsection (4), shall have regard to—

(a) the nature and potential impact of Covid-19 on individuals, society and the State,

(b) the capacity of the State to respond to the risk to public health posed by the spread of Covid-19,

(c) the policies and objectives of the Government to protect the health and welfare of members of the public,

(d) the need to mitigate the economic effects of the spread of Covid-19,

(e) the need to ensure the effective operation of the planning system and provide, in the interest of the common good, for proper planning and sustainable development,

(f) the need to ensure the effective operation of the building control system and to protect the health, safety and welfare of persons using buildings, and

(g) the need to mitigate the likely impact of Covid-19 on the availability of the resources of the State to perform functions relating to the planning and building control systems.

(6) The date that shall be specified by order under subsection (3), or that may be specified by order under subsection (4), as the date on which the period to be disregarded under subsection (1) shall end, shall be a date not later than the 9th day of November 2020.

(7) In this section ‘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.”.

PART 4 Amendments to Certain Acts Regulating Health and Social Care Professions

10. Special measures registration having regard to Covid-19

10.The Dentists Act 1985 is amended by the insertion of the following section after section 68:

“69. (1) A previous registrant may make an application to the Council to be registered in the register pursuant to this section.

(2) Subject to subsections (3) to (8), the provisions of this Act shall, with all necessary modifications, apply to—

(a) a section 69 registration as they apply to registration in the register effected by another section of this Act, and

(b) a section 69 registrant as they apply to a registered dentist who is not a section 69 registrant.

(3) No fee (including a retention fee) shall be charged for, or relating to, a section 69 application or a section 69 registration.

(4) Where a previous registrant’s name is entered in the register pursuant to a section 69 registration, the Council shall enter in the register, or cause to be entered in the register, the term ‘(section 69 registration)’ immediately after that name to indicate that his or her registration arises from the operation of this section.

(5) (a) Nothing in this section shall be construed to prevent a previous registrant’s name from being entered in the register pursuant to the operation of another section of this Act, whether or not his or her name is already entered in the register pursuant to a section 69 registration.

(b) Where a previous registrant’s name is entered in the register pursuant to the operation of this Act (other than this section) when his or her name is already entered in the register pursuant to a section 69 registration, the Council shall remove from the register, or cause to be removed from the register, the latter entry at the same time as the first-mentioned entry is made.

(c) The refusal of a section 69 registration for a previous registrant shall not prevent that registrant from making an application under another section of this Act to be registered in the register.

(6) (a) Subject to paragraph (b), a section 69 registrant who has not practised dentistry in the State or elsewhere for 2 years or more immediately before he or she became such registrant shall not practise dentistry.

(b) Paragraph (a) shall not apply to a person who ceases to be a section 69 registrant by virtue of the operation of subsection (5)(b).

(7) (a) Subject to subsection (8), each section 69 registration that is still in force on the 31st day of July 2020, shall, on and after that date, cease to have effect.

(b) The Council shall remove from the register, or cause to be removed from the register, on the date referred to in paragraph (a), or as soon as is practicable thereafter, each name that was entered in the register pursuant to a section 69 registration.

(8) (a) The Minister may, by order, specify a different date for the purposes of subsection (7) (including a different date for a previous different date specified in an order made under this paragraph) and, if the Minister so specifies, that subsection shall be construed, with all necessary modifications, to take account of that first-mentioned date.

(b) Section 63(2) shall, with all necessary modifications, apply to an order made under paragraph (a) as that section applies to a regulation made under this Act.

(9) In this section—

‘previous registrant’ means a former registered dentist whose name was removed from the register pursuant to section 32(1);

‘section 69 application’ means an application under subsection (1);

‘section 69 registrant’ means a registered dentist who is such pursuant to—

(a) the Council’s determination of a section 69 application, or

(b) a decision (howsoever called) of the High Court arising from the Council’s determination of a section 69 application;

‘section 69 registration’ means a registration effected in the register pursuant to—

(a) the Council’s determination of a section 69 application, or

(b) a decision (howsoever called) of the High Court arising from the Council’s determination of a section 69 application.”.

11. Special measures registration having regard to Covid-19

11. The Health and Social Care Professionals Act 2005 is amended by the insertion of the following section after section 97:

“98. (1) (a) A previous registrant of a designated profession (in this section referred to as the ‘relevant designated profession’) may make an application to the registration board of that profession (in this section referred to as the ‘relevant board’) to again become a member of that profession.

(b) The section 98 application must be in the form and contain the information required by the chief executive officer.

(2) Subject to subsections (3) to (7), the provisions of this Act shall, with all necessary modifications, apply to—

(a) a section 98 registration as they apply to registration in the relevant designated profession effected by another section of this Act, and

(b) a section 98 registrant as they apply to a registrant in the relevant designated profession who is not a section 98 registrant.

(3) No fee shall be charged for, or relating to—

(a) a section 98 application, or

(b) a section 98 registration or the retention of such registration.

(4) Where a previous registrant’s name is entered in the register for the relevant designated profession pursuant to a section 98 registration, the chief executive officer shall enter in that register, or cause to be entered in that register, the term ‘(section 98 registration)’ immediately after that name to indicate that his or her registration in that register arises from the operation of this section.

(5) (a) Nothing in this section shall be construed to prevent a previous registrant’s name from being entered in the register for the relevant designated profession pursuant to the operation of another section of this Act, whether or not his or her name is already entered in that register pursuant to a section 98 registration.