Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st December, 2021.

I, STEPHEN DONNELLY, Minister for Health, in exercise of the powers conferred on me by sections 5 and 31AB and 31AD (inserted by section 3 of the Health (Amendment) (No. 2) Act 2021 (No. 24 of 2021)) of the Health Act 1947 (No. 28 of 1947) and -

(a) having regard 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. (1) These Regulations may be cited as the Health Act 1947 (Sections 31AB and 31AD) (Covid-19) (Operation of certain indoor premises) (No. 11) Regulations 2021.

(2) These Regulations shall come into operation on the 20th day of December 2021.

2. In these Regulations, “Principal Regulations” means the Health Act 1947 (Sections 31AB and 31AD) (Covid-19) (Operation of certain indoor premises) Regulations 2021 ( S.I. No. 385 of 2021 ).

3. Regulation 3(1B) of the Principal Regulations is amended by the substitution of the following paragraph for paragraph (a):

“(a) the number of permitted persons allowed -

(i) on a premises, prescribed by paragraph (a) of Regulation 2A, for the purposes of entertainment does not at any given time exceed the seating otherwise lawfully permitted in the premises at that time, and

(ii) at a screening at an indoor cinema, being a premises prescribed by paragraph (b) of Regulation 2A, does not at any given time exceed 1,000 persons or 50 percent of the seating otherwise lawfully permitted at that screening, whichever is the fewer;”.

4. Regulation 5(3) of the Principal Regulations is amended, in the definition of “vaccinated person” -

(a) by the substitution, in subparagraph (f), of “administered to him or her,” for “administered to him or her, or”,

(b) by the insertion of the following subparagraph after subparagraph (f):

“(fa) in relation to a person to whom the medicinal product for active immunisation to prevent Covid-19 known as ‘Bharat Biotech BBV152’, also known as ‘COVAXIN’, has been administered, that person not less than 14 days after the second dose of the medicinal product concerned has been administered to him or her, or”,

(c) by the substitution, in subparagraph (g), of “paragraphs (a), (b), (c), (e), (f) and (fa)” for “paragraphs (a), (b), (c), (e) and (f)”,

(d) by the substitution, in subparagraph (g)(iv), of “administered to him or her,” for “administered to him or her, or”,

(e) by the substitution, in subparagraph (g)(v), of “administered to him or her, or” for “administered to him or her.”, and

(f) in subparagraph (g), by the insertion of the following clause after clause (v):

“(vi) in the case of the second dose being the medicinal product referred to in paragraph (fa), that person not less than 14 days after the second dose of the medicinal product concerned has been administered to him or her.”.

GIVEN under my Official Seal,

19 December, 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 operation of S.I 385 of 2021 (Operation of certain indoor premises) to provide for an amendment to the definition of vaccinated person and provide for capacity limits of 50% of venue capacity or 1,000 attendees, whichever is the fewer, for cinemas.