Health Act 1947

Definitions.

2

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 2021 1 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.

Annotations

Amendments:

F1

Inserted (15.03.2021 for relevant period) by Health (Amendment) Act 2021 (1/2021), s. 2, S.I. No. 113 of 2021, subject to s. 9(3)-(7). The relevant period was extended from 8 June 2021 to 31 July 2021 by Resolution of Dáil Éireann: Debates Volume 1008 No. 2, 2 June 2021 - Health (Amendment) Act 2021: Motion, and by Resolution of Seanad Éireann: Debates Volume 276 No. 8, 31 May 2021, Health (Amendment) Act 2021: Motion. It was again extended from 1 August 2021 to 31 October 2021 by Resolution of Dail Eireann: Debates Volume 1010 No. 5, 14 July 2021, Mandatory Hotel Quarantine Extension: Motion, and by Resolution of Seanad Eireann: Debates Volume 278 No. 4, 16 July 2021, Mandatory Hotel Quarantine Extension: Motion.

F2

Ceased on expiry of relevant period (1.11.2021) as per Health (Amendment) Act 2021 (1/2021), s. 9(3), S.I. No. 113 of 2021.

F3

Inserted (25.07.2021 to 9.10.2021, extended to 9.01.2022, 31.03.2022) by Health (Amendment) (No. 2) Act 2021 (24/2021), s. 4(a), S.I. No. 383 of 2021, subject to s. 1(3). The period was extended from 10 October 2021 to 9 January 2022 by Resolution of Dáil Éireann: Debates Volume 1012 No. 2, 6 October 2021 - Health (Amendment) (No. 2) Act 2021: Motion, and by Resolution of Seanad Éireann: Debates Volume 279 No. 2, 6 October 2021, Health (Amendment) (No. 2) Act 2021 : Motion. It was again extended from 10 January 2022 to 31 March 2022 (10.01.2022) by the amendment of s. 1(3) by Health and Criminal Justice (Covid-19) (Amendment) (No. 2) Act 2021 (46/2021), s. 4, commenced as per s. 5(3).

F4

Inserted (26.10.2020 to 9.06.2021, 9.11.2021, 9.02.2022, 31.03.2022) by Health (Amendment) Act 2020 (19/2020), s. 2, commenced as per s. 6(2). The period and amending Act were continued in operation to 9 November 2021 (10.06.2021) by Health and Criminal Justice (Covid-19) (Amendment) Act 2021 (12/2021), s. 4, commenced as per s. 5(2). The period was again extended from 10 November 2021 to 9 February 2022 by Resolution of Dáil Éireann: Debates Volume 1013 No. 3, 3 November 2021 - Health (Amendment) Act 2020 : Motion, and by resolution of Seanad Éireann: Debates Volume 279 No. 11, 3 November 2021 - Health (Amendment) Act 2020: Motion. It was again extended from 10 February 2022 to 31 March 2022 (10.02.2022) by the amendment of s. 6(3) by Health and Criminal Justice (Covid-19) (Amendment) (No. 2) Act 2021 (46/2021), s. 3, commenced as per s. 5(2).

F5

Substituted (1.07.1960) by Health Authorities Act 1960 (9/1960), s. 24(7)(i), S.I. No. 134 of 1960.

F6

Inserted (1.07.1960) by Health Authorities Act 1960 (9/1960), s. 24(7)(ii), S.I. No. 134 of 1960.

F7

Inserted by Health (Amendment) (No. 3) Act 2021 (37/2021), s. 2, not commenced as of date of revision, subject to s. 5(3)-(7).

Modifications (not altering text):

C7

Prospective affecting provision: definitions inserted by Health (Amendment) (No. 3) Act 2021 (37/2021), s. 2, not commenced as of date of revision.

F7 [ “applicable traveller" has the meaning assigned to it by section 38N(1); ]

F7 [ "approved person" has the meaning assigned to it by section 38T(1); ]

F7 [ "approved services provider" has the meaning assigned to it by section 38U(1); ]

F7 [ "designated facility" has the meaning assigned to it by section 38R(1); ]

F7 [ "designated state" has the meaning assigned to it by section 38Q(1); ]

F7 [ "non-designated state" has the meaning assigned to it by section 38N(1); ]

F7 [ "responsible person" has the meaning assigned to it by section 38U(4); ]