S.I. No. 375/2020 - Health Act 1947 (Section 31A – Temporary Restrictions) (Covid-19) (No. 5) (Amendment) (No. 2) Regulations 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th September, 2020.

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 Business, Enterprise and Innovation, the Minister for Finance, the Minister for Justice and Equality and the Minister for Culture, Heritage and the Gaeltacht,

hereby make the following regulations:

Citation and commencement

1.

• (2) Subject to paragraph (3), these Regulations shall come into operation on the 26^th day of September 2020.

• (3) The amendment effected by Regulation (3)(f)(ii), in so far as it relates to Regulations 15(3) and 16 of the Principal Regulations, shall come into operation on 28^th day of September 2020.

Definition

2.

Amendment of Principal Regulations

3.

• (a) in Regulation 9(3) -

• (i) in subparagraph (e), by the substitution of “Horse Racing Ireland,” for “Horse Racing Ireland, or”,

• (ii) by the insertion of the following subparagraph after subparagraph (e):

• “(ea) is involved in the training and preparation of greyhounds for events held under the authority of Bord na gCon, or”, and

• (iii) in subparagraph (f), by the substitution of “(a) to (ea)” for “(a) to (e)”,

• (b) in Regulation 17(2)(b) -

• (i) in clause (iv), by the substitution of “Irish Rugby Football Union,” for “Irish Rugby Football Union, or”,

• (ii) in clause (v), by the substitution of “Horse Racing Ireland, or” for “Horse Racing Ireland”, and

• (iii) by the insertion of the following clause after clause (v):

• “(vi) is involved in the training and preparation of greyhounds for events held under the authority of Bord na gCon.”,

• (c) in Regulation 18(3) -

• (i) in subparagraph (e), by the substitution of “Horse Racing Ireland,” for “Horse Racing Ireland, or”,

• (ii) by the insertion of the following subparagraph after subparagraph (e):

• “(ea) is involved in the training and preparation of greyhounds for events held under the authority of Bord na gCon, or”, and

• (iii) in subparagraph (f), by the substitution of “(a) to (ea)” for “(a) to (e)”,

• (d) in Regulation 19 -

• (i) in paragraph (2), by the substitution of the following subparagraph for subparagraph (b):

• “(b) the holding of horseracing or greyhound racing at a racecourse in accordance with these Regulations, or”, and

• (ii) by the insertion of the following paragraph after paragraph (3):

• “(3A) Paragraph (3)(d) shall not apply in respect of a relevant premises in a relevant county listed in paragraph (2) of Schedule 1.”,

• (e) in Regulation 20 -

• (i) in paragraph (1)(c), by the substitution of “Regulation 19(3)(d)” for “Regulation 19(3)(b)”, and

• (ii) by the insertion of the following paragraph after paragraph (1):

• “(1A) Paragraph (1)(c) shall not apply in respect of a relevant premises in a relevant county listed in paragraph (2) of Schedule 1.”, and

• (f) in Schedule 1 -

• (i) by the designation of the Schedule as paragraph (1), and

• (ii) by the insertion of the following paragraph after paragraph (1):

• “(2) The County of Donegal”.

GIVEN under my Official Seal,

25 September, 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. 5) Regulations ( S.I. No. 352 of 2020 ) to provide for certain temporary restrictions in County Donegal because of Covid-19, and for a technical amendment to provide for greyhound racing as a sporting event. The Regulations remain in operation until 10 October 2020.