C19

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

F89[38Q. (1) Subject to subsection (3), the Minister may designate in writing any state (in this Act referred to as a "designated state") where there is known to be sustained human transmission of Covid-19 or any variant of concern or from which there is a high risk of importation of infection or contamination with Covid-19 or any variant of concern by travel from that state.

(2) The Minister shall, as soon as practicable after a designation is made under subsection (1), ensure that the fact of such designation is published on a website maintained by the Minister or the Government.

(3) When making a designation under subsection (1), the Minister shall—

(a) have regard to the matters referred to in paragraphs (a) and (b) of section 31A(2) and paragraphs (a) to (e) of section 38A(2), subject to the modification that a reference in those paragraphs to Covid-19 shall be taken to include a reference to a variant of concern,

(b) have regard to the advice of the Chief Medical Officer of the Department of Health, and

(c) consult with the Minister for Foreign Affairs and such other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government.

(4) The Minister shall on a regular basis review the situation in a state designated under subsection (1) and, shall, having regard to the matters referred to in subsection (3)(a) and (b) and having consulted in accordance with subsection (3) (c), revoke, in writing, a designation where appropriate.

(5) In this section—

"state" has the same meaning as it has in section 38N;

"variant of concern" means a variant of Covid-19 whether or not a variant already specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 ( S.I. No. 390 of 1981 ), that—

(a) in the view of the Chief Medical Officer of the Department of Health, were it to enter the State or having entered the State become more widespread in the State, would present—

(i) serious risks to preventing, limiting, minimising or slowing the spread of Covid-19 in the State, or

(ii) other serious public health risks,

and

(b) is designated by the Minister in writing and the fact of such designation is published on a website maintained by the Minister or the Government, and includes the variant known as B.1.1.529, or Omicron.]