Criminal Justice (Enforcement Powers) (Covid-19) Act 2020


Number 14 of 2020


CRIMINAL JUSTICE (ENFORCEMENT POWERS) (COVID-19) ACT 2020

REVISED

Updated to 3 July 2021


This Revised Act is an administrative consolidation of the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 . It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Civil Law (Miscellaneous Provisions) Act 2021 (14/2021), enacted 2 July 2021, and all statutory instruments up to and including the European Union (Single Use Plastics) Regulations 2021 (S.I. No. 326 of 2021), made 2 July 2021, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 14 of 2020


CRIMINAL JUSTICE (ENFORCEMENT POWERS) (COVID-19) ACT 2020

REVISED

Updated to 3 July 2021


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Civil Law (Miscellaneous Provisions) Act 2021 (14/2021)

Health and Criminal Justice (Covid-19) (Amendment) Act 2021 (12/2021)

All Acts up to and including Civil Law (Miscellaneous Provisions) Act 2021 (14/2021), enacted 2 July 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

None

All statutory instruments up to and including European Union (Single Use Plastics) Regulations 2021 (S.I. No. 326 of 2021), made 2 July 2021, were considered in the preparation of this revision.


Number 14 of 2020


CRIMINAL JUSTICE (ENFORCEMENT POWERS) (COVID-19) ACT 2020

REVISED

Updated to 3 July 2021



Acts Referred to

Courts (No. 2) Act 1986 (No. 26)

Health Act 1947 (No. 28)

Legal Services Regulation Act 2015 (No. 65)

Registration of Clubs (Ireland) Act 1904 (4 Edw. 7, c. 9

Registration of Clubs Acts 1904 to 2008


Number 14 of 2020


CRIMINAL JUSTICE (ENFORCEMENT POWERS) (COVID-19) ACT 2020

REVISED

Updated to 3 July 2021


An Act to make exceptional provision, in the public interest and having regard to the manifest and grave risk to human life and public health posed by the spread of the disease known as Covid-19 and in order to mitigate, where practicable, the effect of the spread of that disease, to provide for additional enforcement measures in respect of certain premises where intoxicating liquor is sold or supplied for consumption on the premises to ensure compliance with certain requirements, imposed by or under the Health Act 1947, breaches of which constitute criminal offences; to provide for additional bases for objection on the ground of good character to renewal of licences for certain premises; to provide for additional bases for objection on the ground of character to renewal of certificates of registration for clubs; to amend the Health Act 1947; and to provide for related matters.

[11 th September, 2020]

WHEREAS an emergency has arisen and continues in the State by virtue of the spread of the disease known as Covid-19;

AND WHEREAS the State is and its citizens are, in significant respects, highly exposed to the effect of the spread of that disease;

AND WHEREAS the State, having regard to the need to preserve and protect public health, has introduced a range of extraordinary measures and safeguards to prevent, minimise, limit or reduce the risk of persons being infected with that disease;

AND WHEREAS the emergency that has arisen and continues is of such a character that it is necessary for compelling reasons of public interest and for the common good to provide in this Act for additional powers of enforcement of certain of those extraordinary measures and safeguards in relation to certain premises where intoxicating liquor is sold or supplied for consumption on the premises;

AND WHEREAS it is necessary to provide for those additional powers of enforcement in relation to such premises in order to assist and support the State’s efforts to promote and maintain the normal functioning of society, to protect the gradual re-opening of society and, to the greatest extent possible, to avoid the imposition or re-imposition of restrictions thereon.

Be it enacted by the Oireachtas as follows:

Annotations:

Modifications (not altering text):

C1

Application of Act extended and references construed (3.07.2021) by Civil Law (Miscellaneous Provisions) Act 2021 (14/2021), ss. 4(1), 5, commenced as per s. 9(3), subject to transitional provisions in s. 4(2).

Application of Act of 2020 to outdoor seating area in respect of certain enactments and authorisation

4. (1) The Act of 2020 shall apply to an outdoor seating area in respect of a provision of an enactment or an authorisation referred to in section 3 (1) as the Act applies to a relevant premises in respect of a relevant provision subject to the following modifications—

(a) a reference in that Act to a direction given under section 31A(7) of the Health Act 1947 (howsoever expressed) in respect of a relevant premises shall be construed as a reference to direction given under section 3 in respect of an outdoor seating area,

(b) a reference in that Act to a relevant premises shall be construed as a reference to an outdoor seating area save that the requirement in section 8 of that Act to affix a notice to the exterior of a premises shall remain in so far as the notice relates to an outdoor seating area,

(c) a reference in that Act to a relevant provision shall be construed as a reference to a provision of the enactment or authorisation concerned, and

(d) a reference in that Act to the relevant period shall, in relation to an outdoor seating area, be taken to be the period of the day during which the sale or supply of intoxicating liquor in that area is lawful in accordance with section 2 (4).

(2) The Act of 2020 shall continue to apply for the purposes of subsection (1) notwithstanding that the Act—

(a) ceases to be in operation in accordance with section 17 (as amended by section 3 of the Health and Criminal Justice (Covid-19) (Amendment) Act 2021) of that Act, or

(b) is repealed,

whichever first occurs.

Extension of application of Act of 2020 to outdoor seating area

5. The Act of 2020 shall apply to an outdoor seating area as it applies to a relevant premises (within the meaning of that Act) and a reference in that Act to a relevant premises shall be taken to include a reference to an outdoor seating area which relates to the relevant premises.