Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st October, 2021.

I, STEPHEN DONNELLY, Minister for Health, in exercise of the powers conferred on me by sections 5 and 31A (inserted by section 10 of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (No. 1 of 2020)) of the Health Act 1947 (No. 28 of 1947) and –

(a) having regard to the immediate, exceptional and manifest risk posed to human life and public health by the spread of Covid-19 and to the matters specified in subsection (2) of section 31A,

and

(b) having consulted with the Minister for Foreign Affairs, the Minister for Housing, Local Government and Heritage, the Minister for Transport, the Minister for Enterprise, Trade and Employment, the Minister for Finance, the Minister for Justice and the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media,

hereby make the following regulations:

1. These Regulations may be cited as the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) (Amendment) (No. 16) Regulations 2021.

2. The Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) Regulations 2021 ( S.I. No. 217 of 2021 ) are amended –

(a) in Regulation 12 –

(i) in paragraph (1), by the substitution of “Subject to Regulation (1A), and except to” for “Except to”, and

(ii) by the insertion of the following paragraph after paragraph (1):

“(1A) (a) Paragraph 1 shall not apply to the premises known as the Button Factory, Curved Street, Temple Bar, Dublin 2 in respect of an event held at that premises during the period beginning at 8.30 pm on the 30th day of September 2021 and ending at 1.00 am on the 1st day of October 2021 where the number of persons attending the premises does not exceed 450.

(b) For the purposes of subparagraph (a), in reckoning the number of persons attending the event referred to in that subparagraph, no account shall be taken of persons attending the event in a professional capacity, in the course of their employment, or in fulfilment of a contract for services.”, and

(b) in Regulation 13(8), in the definition of “relevant premises”, by the substitution of “(other than a relevant accommodation premises or, during the period beginning at 8.30 pm on the 30th day of September 2021 and ending at 1.00 am on the 1st day of October 2021, the premises known as the Button Factory, Curved Street, Temple Bar, Dublin 2)” for “(other than a relevant accommodation premises)”.

GIVEN under my Official Seal,

29 September, 2021.

STEPHEN DONNELLY,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) Regulations 2021 [S.I. 217 of 2021] to provide for the holding of a pilot event.