C28

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

F98[38Z. (1) A person may, no later than 3 days in advance of his or her proposed arrival in the State, and in accordance with any regulations under section 38S(1) (m), apply to the Minister for an authorisation under subsection (2), on one or more of the following grounds:

(a) medical or other exceptional reasons, including the necessity of providing care for any vulnerable person;

(b) urgent humanitarian grounds;

(c) such other grounds as may be prescribed under section 38S(1) (m).

(2) The Minister shall grant an authorisation in writing to an applicant under subsection (1) only where the Minister—

(a) in the case of an application made on a ground specified in subsection (1)(a), having considered the evidence of a registered medical practitioner where the request relates to any medical reason or relates to the care of a vulnerable person who would be in close contact with the applicant if the authorisation were granted, is satisfied that it is appropriate in all the circumstances, including the risk to public health involved, that the applicant should not be required to quarantine in a designated facility,

(b) in the case of an application made on a ground specified in subsection (1)(b), having considered the humanitarian grounds concerned, is satisfied that it is appropriate in all the circumstances, including the risk to public health involved, that the applicant should not be required to quarantine in a designated facility, or

(c) in the case of an application made on a ground specified in subsection (1) (c), having considered the grounds advanced, and having regard to the regulations concerned, is satisfied that it is appropriate in all the circumstances, including the risk to public health involved, that the applicant should not be required to quarantine in a designated facility.

(3) A person to whom an authorisation under subsection (2) is granted—

(a) for such period as is specified in the authorisation concerned, shall not be required under section 38N to quarantine in a designated facility, and

(b) shall be considered to be a person who is, accordingly, subject to the obligations to self-quarantine in any regulations made under this Act applicable to persons arriving in the State from a state other than a designated state.

(4) A person may, no later than 3 days in advance of his or her proposed arrival in the State, and in accordance with, and on such grounds as may be prescribed in, regulations under section 38S(1)(m), apply to a designated appeals officer for a permission under subsection (5).

(5) A designated appeals officer shall grant a permission in writing to an applicant under subsection (4) only where the designated appeals officer, having considered the purposes for which the permission is sought, and having regard to the regulations concerned, is satisfied that it is appropriate in all the circumstances, including the risk to public health involved, to do so.

(6) A person to whom a permission under subsection (5) has been granted may, while he or she is required to remain in a designated facility in accordance with section 38N, leave the designated facility for such purposes, and for such period, as are specified in the permission.]