31AB.—(1) Without prejudice to the generality of section 31A, and any regulations made from time to time thereunder requiring an indoor operator to ensure that persons (or such class of persons as may be prescribed in such regulations) are not permitted, or otherwise granted, access to a relevant indoor premises, it shall be lawful, subject to subsection (2), for an indoor operator to permit or otherwise grant access to such premises provided that the indoor operator—

(a) complies with the conditions in subsection (3), and

(b) would, but for the aforesaid regulations, be permitted in accordance with law to permit or otherwise grant access to such premises.

(2) It shall not be lawful for an indoor operator to permit, or otherwise grant, access to persons or such class of persons as may be prescribed in regulations referred to in subsection (1) during any period of time prescribed in regulations under section 31A during which access is prohibited.

(3) The conditions referred to in subsection (1) are as follows, namely:

(a) that the indoor operator has taken reasonable steps (including by inspecting such documents, if any, as may be prescribed in regulations under subsection (4)) to ensure that a person other than a permitted person is not admitted to a relevant indoor premises;

(b) that the indoor operator does not knowingly permit a person other than a permitted person to access a relevant indoor premises;

(c) that personal data accessed by an indoor operator for the purposes of paragraph (a) is not retained by that person;

(d) that without prejudice to the requirement to adhere generally to such guidelines as are for the time being in place with respect to an indoor premises, the indoor operator adheres to such guidelines set out by certain bodies (or specific parts of such guidelines) as are prescribed by the Minister under subsection (4)(h);

(e) that the indoor operator complies with such additional conditions as may be prescribed under subsection (4)(f).

(4) Without prejudice to the generality of section 31A(1), the Minister may make regulations giving full effect to this section, and, without prejudice to the generality of the foregoing, such regulations may, in particular, provide for all or any of the following:

(a) the safeguards required to be put in place by the owners, occupiers, managers, licence holders of, or other persons (howsoever described) in charge of relevant indoor premises, including by reference to persons, or classes of persons, being permitted different levels of access to such premises on the basis of different levels of immunity or resistance to, or vaccination or inoculation against, Covid-19;

(b) without prejudice to the generality of sections 31AC to 31AK, particularising or specifying further matters relating to the operation and enforcement, as the case may be, of any matters referred to in subsection (3);

(c) prescribing additional classes of persons as permitted persons for the purposes of the definition of "permitted person" which may, if appropriate, include persons who have received the results of medical tests the purpose of which is to detect the presence of Covid-19, or the virus SARS-CoV-2, in the person to whom the test was administered;

(d) prescribing types or categories of information or proof, or classes of such information or proof, (including electronic documentation, one or more classes of EU Digital Covid Certificates, and vaccines or combinations of vaccines) for the purposes of—

(i) the definition of "proof of immunity", and

(ii) allowing an indoor operator to ascertain whether or not a person is a permitted person;

(e) prescribing an indoor premises, or a class of such premises—

(i) as a relevant indoor premises for the purposes of paragraph (c) of the definition of "relevant indoor premises", or

(ii) as a premises to which the definition of "relevant indoor premises" does not apply;

(f) prescribing additional conditions for the purposes of subsection (3)(e), including different conditions in respect of one or more classes of premises;

(g) without prejudice to the generality of sections 31AD to 31AK, prescribing—

(i) additional bodies for the purpose of paragraph (c) of the definition of "relevant body", and the manner in which relevant bodies or compliance officers designated by a relevant body may carry out inspections of relevant indoor premises,

(ii) the manner in which relevant bodies or compliance officers may inspect and verify proof of immunity or proof that a person is a permitted person, for the purposes of investigating or monitoring compliance with the conditions referred to in subsection (3), and

(iii) that a breach of any regulation relating to—

(I) the inspection of relevant indoor premises,

(II) the verification of proofs for any purpose under this section or sections 31AC to 31AK, or

(III) the enforcement of obligations in this section or sections 31AC to 31AK, may be stated to be an offence in the regulation concerned and a person guilty of such an offence shall be liable on summary conviction to a class C fine;

(h) prescribing guidelines set out by certain bodies (or specific parts of such guidelines) to which indoor operators are required to adhere for the purposes of the condition referred to in subsection (3)(d);

(i) prescribing a class or classes of persons, as persons to whom, despite being 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, paragraph (c) of the definition of "permitted person" does not apply;

(j) prescribing an age under the age of 18 years for the purposes of "relevant minor" within the meaning of paragraph (b) of the definition of "permitted person";

(k) prescribing a person other than a parent or guardian or person acting in loco parentis, in relation to a relevant minor, who may accompany such minor to a relevant indoor premises for the purposes of paragraph (b) of the definition of "permitted person";

(l) such additional, incidental, consequential or supplemental matters as the Minister considers necessary or expedient for the purposes of giving full effect to regulations under this section.

(5) When making regulations under subsection (4), the Minister—

(a) shall have regard to the matters referred to in paragraph (a) of section 31A(2),

(b) may have regard to the matters referred to in paragraph (b) of section 31A(2), and

(c) may consult—

(i) any other Minister of the Government as he or she considers appropriate having regard to the functions of that other Minister of the Government,

(ii) a relevant body, and

(iii) a body referred to in paragraph (h) of subsection (4).]