Criminal Justice (Enforcement Powers) (Covid-19) Act 2020
Number 14 of 2020
CRIMINAL JUSTICE (ENFORCEMENT POWERS) (COVID-19) ACT 2020
REVISED
Updated to 10 February 2022
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 Electricity Costs (Domestic Electricity Accounts) Emergency Measures Act 2022 (1/2022), enacted 4 March 2022, and all statutory instruments up to and including the European Union Habitats (Buckroney-Brittas Dunes and Fen Special Area of Conservation 000729) Regulations 2022 (S.I. No. 67 of 2022), made 10 February 2022, 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 10 February 2022
CONTENTS
Section
3. Entry, inspection, etc., of relevant premises by member
4. Immediate closure order for failure or refusal to comply with direction
8. Emergency closure order and temporary closure order: applicable provisions
9. Appeal against compliance notice
10. Appeal against temporary closure order
11. Grounds for objection to renewal of licences
12. Grounds for objection to renewal of certificates under Act of 1904
13. Amendment of section 31A of Health Act 1947
14. Liability for offences by bodies corporate
15. Exercise of jurisdiction by District Court and Circuit Court
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 10 February 2022
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.
[11th 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.