Health Act 1947

Regulations for preventing the spread of infectious disease.

31

31. (1) The Minister may make regulations providing for the prevention of the spread (including the spread outside the State) of an infectious disease or of infectious diseases generally and for the treatment of persons suffering therefrom and the regulations may, in particular, provide for any of the matters mentioned in the Second Schedule to this Act.

(2) Regulations under this section may provide for their enforcement and execution by officers of the Minister and by health authorities and their officers and may also—

( a) with the consent of the Minister for Local Government provide for their enforcement and execution by officers of sanitary authorities,

( b) with the consent of the Minister for Finance, provide for their enforcement and execution by officers of Customs and Excise,

( c) with the consent of the Minister for Justice, provide for their enforcement and execution by specified officers of that Minister, and

( d) with the consent of the Minister for Industry and Commerce, provide for their enforcement and execution in any Customs-free airport by specified officers of that Minister.

(3) Regulations under this section may impose duties on officers concerned in the registration of births and deaths.

(4) Regulations under this section may provide for and authorise the making of charges for the purposes of the regulations or for services performed thereunder and may provide for the recovery of such charges.

(5) Regulations under this section may provide for the particulars to be contained in notices to be given under the regulations and for the manner in which such notices may be given.

(6) The Minister shall not make under this section regulations relating to large public service vehicles (as defined in section 3 of the Road Traffic Act, 1933 (No. 11 of 1933)), vehicles for the conveyance of passengers by rail, vessels or aircraft save after consultation with the Minister for Industry and Commerce.

(7) Where regulations under this section require adult persons to submit themselves or the parents of children to submit such children to specified measures in relation to the protection or immunisation of such adult persons or children against a particular infectious disease, such regulations shall contain provision—

( a) for the giving of notice of the time and place at which a person will be required to submit himself or the parent of a child will be required to submit such child to any such specified measures, and

( b) for the giving of information to such person or such parent of the right to exemption under section 32 of this Act.

(8) A person who contravenes a regulation under this section or who wilfully obstructs the execution of a regulation under this section or who gives false or misleading information in purported compliance with a request for information made under a regulation made under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds and, in the case of a continuing offence, to a further fine not exceeding ten pounds for each day on which the offence is continued or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine or fines and such imprisonment.

(9) Where a provision of this Part of this Act or any other enactment requires special precautions to be taken to prevent the spread of infectious diseases or of any particular infectious disease, such provision shall not be construed as restricting the power of making regulations conferred by this section.

F30 [ (10) Regulations under this section may, in particular, require the vaccination against smallpox of persons engaged in work at or about airports or seaports, and

( a ) the obligation to contain the provision referred to in paragraph ( b ) of subsection (7) of this section shall not apply as respects such regulations, and

( b ) section 32 of this Act shall not apply in relation to such vaccination. ]

Annotations

Amendments:

F30

Inserted (1.01.1954) by Health Act 1953 (26/1953), s. 34, S.I. No. 377 of 1953.

Modifications (not altering text):

C12

Functions transferred and references construed (25.05.1965) by Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order 1965 (S.I. No. 125 of 1965), arts. 3, 4. This Department is now the Department of Transport, Tourism and Sport, see S.I. No. 305 of 1997, S.I. No. 11 of 1980 and S.I. No. 141 of 2011).

3. The administration and business in connection with the exercise, performance or execution of the functions transferred by Article 4 of this Order are hereby transferred to the Department of Transport and Power.

4.—(1) The functions vested in the Minister for Industry and Commerce under subsections (2) and (6) of section 31 of the Health Act, 1947 (No. 28 of 1947), are hereby transferred to the Minister for Transport and Power.

(2) References to the Minister for Industry and Commerce contained in any Act or instrument made thereunder and relating to the functions transferred by paragraph (1) of this Article shall, on and after the operative date, be construed as references to the Minister for Transport and Power.

Editorial Notes:

E607

Power pursuant to section exercised (14.04.2022) by Infectious Diseases (EU Digital Covid Certificates) (Amendment) Regulations 2022 (S.I. No. 181 of 2022), in effect as per reg. 1(2).

E608

Power pursuant to section exercised (1.04.2022) by Infectious Diseases (EU Digital Covid Certificates) Regulations 2022 (S.I. No. 189 of 2022), in effect as per reg. 1(2).

E609

Power pursuant to section exercised (1.04.2022) by Infectious Diseases (EU Digital Covid Certificates) Regulations 2022 (S.I. No. 139 of 2022), in effect as per reg. 1(2).

E610

Power pursuant to section exercised (27.01.2021) by Infectious Diseases (Amendment) Regulations 2021 (S.I. No. 26 of 2021).

E611

Power pursuant to section exercised (20.02.2020) by Infectious Diseases (Amendment) Regulations 2020 (S.I. No. 53 of 2020).

E612

Power pursuant to section exercised (1.11.2019) by Infectious Diseases (Preventative Measures) (Hiv Prep) Regulations 2019 (S.I. No. 531 of 2019), in effect as per reg. 2.

E613

Power pursuant to section exercised (18.12.2018) by Infectious Diseases (Amendment) Regulations 2018 (S.I. No. 567 of 2018).

E614

The Euro equivalent of £100 mentioned in subs. (8) is €126.98. This translates into a Class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 6, S.I. No. 662 of 2010.

The Euro equivalent of £10 mentioned in subs. (8) is €12.70. This translates into a Class E fine, not greater than €500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(2) and table ref. no. 6, S.I. No. 662 of 2010.

E615

Power pursuant to section exercised (12.10.2009) by Infectious Diseases (Aircraft) Regulations 2009 (S.I. No. 411 of 2009).

E616

Power pursuant to section exercised (16.01.2008) by Infectious Diseases (Shipping) Regulations 2008 (S.I. No. 4 of 2008).

E617

Power pursuant to section exercised (27.07.2007) by Infectious Diseases (Amendment) Regulations 2007 (S.I. No. 559 of 2007).

E618

Power pursuant to section exercised (1.11.1985) by Infectious Diseases (Amendment) Regulations 1985 (S.I. No. 268 of 1985), in effect as per reg. 3.

E619

An tArd-Chláraitheoir is empowered to give such information as may be prescribed, notwithstanding the Data Protection Regulation and the Data Protection Act 2018 and any other enactment, to the Minister for Health for the purpose of the enforcement of regulations under section (5.12.2005) by Civil Registration Act 2004 (3/2004), s. 66(1)(g), S.I. No. 764 of 2005.

E620

Power pursuant to section exercised (1.01.2005) by Infectious Diseases (Amendment) Regulations 2004 (S.I. No. 865 of 2004), in effect as per reg. 2.

E621

Power pursuant to section exercised (1.01.2004) by Infectious Diseases (Amendment) (No. 3) Regulations 2003 (S.I. No. 707 of 2003), in effect as per reg. 2.

E622

Power pursuant to section exercised (2.05.2003) by Infectious Diseases (Amendment No. 2) Regulations 2003 (S.I. No. 180 of 2003).

E623

Power pursuant to section exercised (28.03.2003) by Infectious Diseases (Amendment) Regulations 2003 (S.I. No. 115 of 2003).

E624

Power pursuant to section exercised (1.07.2000) by Infectious Diseases (Amendment) Regulations 2000 (S.I. No. 151 of 2000), in effect as per reg. 2.

E625

Power pursuant to section exercised (16.12.1996) by Infectious Diseases (Amendment) Regulations 1996 (S.I. No. 384 of 1996).

E626

Power pursuant to section exercised (14.11.1988) by Infectious Diseases (Amendment) Regulations 1988 (S.I. No. 288 of 1988).

E627

Power pursuant to section exercised (1.12.1981) by Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981), in effect as per reg. 3.

E628

Power pursuant to section exercised (1.02.1966) by Infectious Diseases (Certificates of Vaccination Against Smallpox) Regulations 1966 (S.I. No. 23 of 1966), in effect as per reg. 2.

E629

Power pursuant to subs. (4) exercised (2.07.1958) by Infectious Diseases (Amendment) Regulations 1958 (S.I. No. 148 of 1958).

E630

Previous affecting provision: power pursuant to section exercised (23.05.2016) by Infectious Diseases (Amendment) Regulations 2016 (S.I. No. 276 of 2016); superseded (18.12.2018) by Infectious Diseases (Amendment) Regulations 2018 (S.I. No. 567 of 2018), reg. 2(b) and sch.

E631

Previous affecting provision: power pursuant to section exercised (15.12.2015) by Infectious Diseases (Amendment) Regulations 2015 (S.I. No. 566 of 2015); superseded (23.05.2016) by Infectious Diseases (Amendment) Regulations 2016 (S.I. No. 276 of 2016), reg. 2 and sch.

E632

Previous affecting provision: power pursuant to section exercised (21.09.2011) by Infectious Diseases (Amendment) Regulations 2011 (S.I. No. 452 of 2011), in effect as per reg. 2; superseded (15.12.2015) by Infectious Diseases (Amendment) Regulations 2015 (S.I. No. 566 of 2015), reg. 2 and sch.

E633

Previous affecting provision: power pursuant to section exercised (22.10.1980) by Infectious Diseases (Amendment) Regulations 1980 (S.I. No. 322 of 1980); rendered obsolete by revocation of Infectious Diseases Regulations 1948 (S.I. No. 99 of 1948) (1.12.1981) by Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981), reg. 4, in effect as per reg. 3.

E634

Previous affecting provision: power pursuant to section exercised (20.09.1976) by Infectious Diseases (Amendment) Regulations 1976 (S.I. No. 214 of 1976); rendered obsolete by revocation of Infectious Diseases Regulations 1948 (S.I. No. 99 of 1948) (1.12.1981) by Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981), reg. 4, in effect as per reg. 3.

E635

Previous affecting provision: power pursuant to section exercised (22.05.1968) by Infectious Diseases (Amendment) Regulations 1968 (S.I. No. 114 of 1968); rendered obsolete by revocation of Infectious Diseases Regulations 1948 (S.I. No. 99 of 1948) (1.12.1981) by Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981), reg. 4, in effect as per reg. 3.

E636

Previous affecting provision: power pursuant to section exercised (8.03.1968) by Infectious Diseases (Amendment) Regulations 1967 (S.I. No. 258 of 1967); revoked (22.05.1968) by Infectious Diseases (Amendment) Regulations 1968 (S.I. No. 114 of 1968), reg. 5(3).

E637

Previous affecting provision: power pursuant to Act exercised (29.09.1952) by Infectious Diseases (Amendment) Regulations 1952 (S.I. No. 291 of 1952); rendered obsolete by revocation of Infectious Diseases Regulations 1948 (S.I. No. 99 of 1948) (1.12.1981) by Infectious Diseases Regulations 1981 (S.I. No. 380 of 1981), reg. 4 and sch., in effect as per reg. 3.

E638

Previous affecting provision: power pursuant to Act exercised (2.11.1951) by Infectious Diseases (Amendment) Regulations 1951 (S.I. No. 318 of 1951); rendered obsolete by revocation of Infectious Diseases Regulations 1948 (S.I. No. 99 of 1948) (1.12.1981) by Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981), reg. 4, in effect as per reg. 3.

E639

Previous affecting provision: power pursuant to Act exercised (22.12.1949) by Infectious Diseases (Amendment) Regulations 1949 (S.I. No. 351 of 1949); rendered obsolete by revocation of Infectious Diseases Regulations 1948 (S.I. No. 99 of 1948) (1.12.1981) by Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981), reg. 4, in effect as per reg. 3.

E640

Previous affecting provision: power pursuant to Act exercised (9.10.1948) by Infectious Diseases (Amendment) Regulations 1948 (S.I. No. 353 of 1948); revoked (22.05.1968) by Infectious Diseases (Amendment) Regulations 1968 (S.I. No. 114 of 1968), reg. 5(1).

E641

Previous affecting provision: power pursuant to Act exercised (1.07.1948) by Infectious Diseases (Shipping) Regulations 1948 (S.I. No. 170 of 1948), in effect as per reg. 3; revoked (16.01.2008) by Infectious Diseases (Shipping) Regulations 2008 (S.I. No. 4 of 2008), reg. 32.

E642

Previous affecting provision: power pursuant to Act exercised (1.05.1948) by Infectious Diseases (Aircraft) Regulations 1948 (S.I. No. 136 of 1948), in effect as per reg. 3; revoked (12.10.2009) by Infectious Diseases (Aircraft) Regulations 2009 (S.I. No. 411 of 2009), reg. 26.

E643

Previous affecting provision: power pursuant to Act exercised (1.04.1948) by Infectious Diseases Regulations 1948 (S.I. No. 99 of 1948), in effect as per reg. 3; revoked (1.12.1981) by Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981), reg. 4, in effect as per reg. 3.