Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020


Number 1 of 2020


HEALTH (PRESERVATION AND PROTECTION AND OTHER EMERGENCY MEASURES IN THE PUBLIC INTEREST) ACT 2020

REVISED

Updated to 10 February 2022


This Revised Act is an administrative consolidation of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Electricity Costs (Domestic Electricity Accounts) Emergency Measures Act 2022 (1/2022), enacted 4 March 2022, and all statutory instruments up to and including the European Union Habitats (Buckroney-Brittas Dunes and Fen Special Area of Conservation 000729) Regulations 2022 (S.I. No. 67 of 2022), made 10 February 2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 1 of 2020


HEALTH (PRESERVATION AND PROTECTION AND OTHER EMERGENCY MEASURES IN THE PUBLIC INTEREST) ACT 2020

REVISED

Updated to 10 February 2022


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Health and Criminal Justice (Covid-19) (Amendment) (No. 2) Act 2021 (46/2021)

Health and Criminal Justice (Covid-19) (Amendment) Act 2021 (12/2021)

All Acts up to and including Electricity Costs (Domestic Electricity Accounts) Emergency Measures Act 2022 (1/2022), enacted 4 March 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (Continuation of Sections 4, 5 and 6 of Part 2) Order 2022 (S.I. No. 47 of 2022)

Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (Continuation of Sections 4, 5 and 6 of Part 2) Order 2021 (S.I. No. 325 of 2021)

Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (Continuation of Part 2) Order 2021 (S.I. No. 133 of 2021)

Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (Continuation of Sections 7 and 8 of Part 2) (No. 2) Order 2020 (S.I. No. 740 of 2020)

Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (Continuation of Sections 7 and 8 of Part 2) Order 2020 (S.I. No. 350 of 2020)

Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (Continuation of Part 2) (No. 3) Order 2020 (S.I. No. 285 of 2020)

Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (Continuation of Part 2) (No. 2) Order 2020 (S.I. No. 207 of 2020)

Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (Continuation of Part 2) Order 2020 (S.I. No. 155 of 2020)

All statutory instruments up to and including European Union Habitats (Buckroney-Brittas Dunes and Fen Special Area of Conservation 000729) Regulations 2022 (S.I. No. 67 of 2022), made 10 February 2022, were considered in the preparation of this revision.

Resolutions of the Houses of the Oireachtas which affect this revision

• Resolution of Dáil Éireann: Debates Volume 1013 No. 3, 3 November 2021, Extension of Part 3 of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020: Motion

• Resolution of Seanad Éireann: Debates Volume 279 No. 11, 3 November 2021, Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020: Motion

• Resolution of Dáil Éireann: Debates Volume 999 No. 7, 22 October 2020, Health (Preservation and Protection and other Emergency Measures in the Public Interest Act) 2020 - Part 3: Motion

• Resolution of Seanad Éireann: Debates Volume 272 No. 1, 22 October 2020, Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 - Part 3: Motion


Number 1 of 2020


HEALTH (PRESERVATION AND PROTECTION AND OTHER EMERGENCY MEASURES IN THE PUBLIC INTEREST) ACT 2020

REVISED

Updated to 10 February 2022



Acts Referred to

Customs Act 2015 (No. 18)

Health Act 1947 (No. 28)

Social Welfare Acts

Social Welfare Consolidation Act 2005 (No. 26)


Number 1 of 2020


HEALTH (PRESERVATION AND PROTECTION AND OTHER EMERGENCY MEASURES IN THE PUBLIC INTEREST) ACT 2020

REVISED

Updated to 10 February 2022


An Act, to make exceptional provision, in the public interest and having regard to the manifest and grave risk to human life and public health posed by the spread of the disease known as Covid-19 and in order to mitigate, where practicable, the effect of the spread of the disease known as Covid-19, to amend the Health Act 1947 to confer a power on the Minister for Health to make regulations prohibiting or restricting the holding of certain events or access to certain premises and to provide for enforcement measures; to provide for powers for certain medical officers of health to order, in certain circumstances, the detention of persons who are suspected to be potential sources of infection with the disease known as Covid-19 and to provide for enforcement measures in that regard; and to confer on the Minister for Health the power to designate areas as areas of infection of Covid-19 and to provide for related matters; to amend and extend the Social Welfare Acts to provide for amendments in relation to entitlement to illness benefit for persons who have been diagnosed with, or are a probable source of infection with the disease known as Covid-19; and to provide for amendments in relation to jobseeker’s benefit and jobseeker’s allowance to mitigate the economic effects of the spread of the disease known as Covid-19; and to provide for related matters.

[20th March, 2020]

WHEREAS an emergency has arisen of such character that it is necessary for compelling reasons of public interest and for the common good that extraordinary measures should be taken to deal with the immediate, exceptional and manifest risk to human life and public health posed by the spread of the disease known as Covid-19;

AND WHEREAS the State is and its citizens are, in significant respects, highly exposed to the effect of the spread of the disease known as Covid-19; and having regard to the constitutional duty of the State to respect and, as far as practicable, by its laws to defend and vindicate the rights of citizens to life and to bodily integrity, it is necessary to introduce a range of extraordinary measures and safeguards to prevent, minimise, limit or slow the risk of persons being infected with the disease known as Covid-19;

AND WHEREAS as a consequence it is necessary for the State to take the measures in this Act to address the emergency and to defend and vindicate the rights of citizens to life and to bodily integrity;

Be it enacted by the Oireachtas as follows: