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


Number 2 of 2020


EMERGENCY MEASURES IN THE PUBLIC INTEREST (COVID-19) ACT 2020

REVISED

Updated to 1 August 2020


This Revised Act is an administrative consolidation of the Emergency Measures in the Public Interest (Covid-19) 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 Financial Provisions (Covid-19) (No. 2) Act 2020 (8/2020), enacted 1 August 2020, and all statutory instruments up to and including the European Union (Designation of Verifying Entities for Deactivation of Firearms) Regulations 2020 (S.I. No. 283 of 2020), made 7 August 2020, 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 2 of 2020


EMERGENCY MEASURES IN THE PUBLIC INTEREST (COVID-19) ACT 2020

REVISED

Updated to 1 August 2020


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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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

Financial Provisions (Covid-19) (No. 2) Act 2020 (8/2020)

Residential Tenancies and Valuation Act 2020 (7/2020)

Taxes Consolidation Act 1997 (39/1997)

All Acts up to and including Financial Provisions (Covid-19) (No. 2) Act 2020 (8/2020), enacted 1 August 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Emergency Measures in the Public Interest (Covid-19) Act 2020 (Section 4) (No. 2) Order 2020 (S.I. No. 254 of 2020)

Emergency Measures in the Public Interest (Covid-19) Act 2020 (Section 4) Order 2020 (S.I. No. 224 of 2020)

Emergency Measures in the Public Interest (Covid-19) Act 2020 (Part 3) (Commencement) Order 2020 (S.I. No. 100 of 2020)

All statutory instruments up to and including European Union (Designation of Verifying Entities for Deactivation of Firearms) Regulations 2020 (S.I. No. 283 of 2020), made 7 August 2020, were considered in the preparation of this revision.


Number 2 of 2020


EMERGENCY MEASURES IN THE PUBLIC INTEREST (COVID-19) ACT 2020

REVISED

Updated to 1 August 2020


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, commencement and operation

2. Definition

PART 2

Operation of Residential Tenancies Act 2004

3. Interpretation

4. Extension of emergency period

5. Notices of termination under Act of 2004

6. Prohibition on rent increases under Act of 2004

7. Proceedings before Tenancy Tribunal

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

PART 3

Calculation of Time Limits Relating to Planning and Development

9. Calculation of time limits during emergency

PART 4

Amendments to Certain Acts Regulating Health and Social Care Professions

10. Special measures registration having regard to Covid-19

11. Special measures registration having regard to Covid-19

12. Special measures registration having regard to Covid-19

13. Amendment of Medical Practitioners Act 2007 - insertion of sections 110 and 111

14. Special measures registration having regard to Covid-19

PART 5

Amendments to Mental Health Act 2001

15. Definition (Part 5)

16. Exigencies of public health emergency

17. Amendment of section 17 of Act of 2001

18. Amendment of section 18 of Act of 2001

19. Amendment of section 28 of Act of 2001

20. Amendment of section 48 of Act of 2001

21. Amendment of section 49 of Act of 2001

22. Amendment of section 58 of Act of 2001

23. Certain provisions of Act of 2001 not to have effect

24. Transitional provisions

PART 6

Amendment to Defence Act 1954: Re-enlistment of Formerly Enlisted Persons

25. Interpretation

26. Amendment of Defence Act 1954: re-enlistment of formerly enlisted persons

27. Provisions governing return of reservists to employment

PART 7

Covid-19: Temporary Wage Subsidy Provisions

28. Covid-19: temporary wage subsidy provisions

28A. Objectives of section 28B, purposes for which its provisions are enacted and certain duty of Minister for Finance respecting those provisions’ operation

28B. Covid-19: employment wage subsidy scheme

PART 8

Amendment to Redundancy Payments Act 1967

29. Operation of section 12 - emergency period

PART 9

Amendments to Civil Registration Act 2004

30. Definition (Part 9)

31. Performance of functions of registrar and Superintendent Registrar by staff of Ard-Chláraitheoir in certain exceptional circumstances

32. Alleviation of requirement on certain persons to appear in person under Part 3 of Act of 2004

33. Alleviation of requirement on certain persons to appear in person under Part 5 of Act of 2004



Number 2 of 2020


EMERGENCY MEASURES IN THE PUBLIC INTEREST (COVID-19) ACT 2020

REVISED

Updated to 1 August 2020


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 that disease and to mitigate the adverse economic consequences resulting, or likely to result from the spread of that disease and to mitigate its impact on the administration of vital public service functions; to make provision in relation to the operation of certain provisions of the Residential Tenancies Act 2004 during the period of 3 months following the enactment of this Act and such further period (if any) as may be specified by order of the Government; to amend the Planning and Development Act 2000 to provide, in certain circumstances, for the disregard of a certain period in the calculation of time limits referred to in that Act and in certain other enactments; to provide for the registration of certain health and social care professionals to fulfil the need for medical resources to alleviate the risk from Covid-19 to human life and public health and for those and related purposes to amend the Dentists Act 1985, the Health and Social Care Professionals Act 2005, the Pharmacy Act 2007, the Medical Practitioners Act 2007, and the Nurses and Midwives Act 2011; to make provision, due to the exigencies of the public health emergency posed by the spread of Covid-19, for certain amendments and modifications to the provisions of the Mental Health Act 2001 relating to the carrying out of reviews under section 18 of that Act; to amend the Defence Act 1954 to enable the re-enlistment of formerly enlisted persons; to enable the provision of a temporary wage subsidy to certain employees; to make provision in relation to the operation of certain provisions of the Redundancy Payments Act 1967 for a certain period following the enactment of this Act and such further period (if any) as may be specified by order of the Government and, for that purpose, to amend the Redundancy Payments Act 1967; to make provision allowing for the modified operation of certain aspects of the civil registration system, if required, for a limited period and such further period (if any) as may be specified by order of the Government, including by way of allowing certain persons to provide particulars to a registrar in writing rather than by appearing in person, and by allowing the staff of an tArd-Chláraitheoir to perform the functions of certain registrars in circumstances where the civil registration system is not available or able to perform its statutory functions as it ordinarily would be, and for those purposes, to amend the Civil Registration Act 2004; and to provide for related matters.

[27 th March, 2020]

WHEREAS an emergency has arisen in the State by virtue of 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 that disease; 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 reduce the risk of persons being infected with that disease;

AND WHEREAS the emergency that has arisen is of such a character that it is necessary for compelling reasons of public interest and for the common good that extraordinary measures should be taken to mitigate, to the extent practicable, the adverse economic consequences resulting, or likely to result, from the spread of that disease and to mitigate its impact on the administration of vital public service functions;

Be it enacted by the Oireachtas as follows: