Coronavirus Bill (HC Bill 122)

(9) The duty of a person registered under Article 118 of the 1995 Order to
comply with a temporary continuity direction under this paragraph is
enforceable by the Department making an application to the High Court or
a county court for an injunction.

(10) 5An application under sub-paragraph (9) may be made without notice being
given to the registered person.

(11) In this paragraph—

• “the 1995 Order” means the Children (Northern Ireland) Order 1995
  (S.I. 1995/755 (N.I. 2));

  (aa) 10“child minding” and “day care” have the same meaning as in the 1995 Order;

• “the Department” means the Department of Health in Northern
  Ireland;

• “specified” means specified in a temporary continuity direction under
  this paragraph, or falling within a description specified in a
  15temporary continuity direction under this paragraph.

Notices temporarily removing or relaxing education duties

17 (1) The Department may by notice make provision disapplying or modifying,
for a specified period, any one or more of the provisions listed in sub-
paragraph (2).

(2) 20This is the list referred to in sub-paragraph (1)—

(a) the following provisions of the Education and Libraries (Northern
Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))—

(i) Article 45(1) (duty of parents to secure full-time education);

(ii) Article 58 and 59 (provision of milk, meals and related
25facilities);

(iii) paragraph 1(4) of Schedule 13 (duty of managers of grant-
aided school to admit child in accordance with attendance
order);

(iv) paragraph 3(1) of Schedule 13 (duty of parents to secure and
30attendance of pupil at school);

(b) Articles 6 to 21B of the Education (Northern Ireland) Order 1996 (S.I.
1996/274 (N.I. 1)) (duties in relation to special educational needs);

(c) Article 16(2) of the Education (Northern Ireland) Order 1998 (S.I.
1998/1759 (N.I. 13)) (class size in primary schools);

(d) 35regulations 5 to 22 of the Education (Special Educational Needs)
Regulations (Northern Ireland) 2005 (S.R. (N.I.) 2005 No. 384) (duties
in relation to assessments and statements);

(e) any provision of, or made under, Part 2 of the Education (Northern
Ireland) Order 2006 (S.I. 2006/1915 (N.I. 11)) (duties in relation to the
40curriculum).

(3) The Department may by regulations amend the list in sub-paragraph (2).

(4) A notice under sub-paragraph (1) may limit the disapplication or
modification of a provision by reference to—

(a) a specified person or description of persons;

(b) 45a specified area;

(c) any other matter.

(5) In particular, a notice under sub-paragraph (1) that disapplies any provision
of, or made under, Part 2 of the Education (Northern Ireland) Order 2006
may—

(a) relate to the curriculum generally or to specified aspects of the
5curriculum;

(b) relate to all key stages or specified key stages;

(c) make different provision for different key stages;

(d) relate to all areas of learning or to contributory elements;

(e) be framed by reference to such other matters as the Department
10considers appropriate.

(6) A notice under sub-paragraph (1) must state why the Department considers
that the issuing of the notice is an appropriate and proportionate action in all
the circumstances.

(7) The specified period in a notice under sub-paragraph (1) must not exceed
15one month.

(8) The Department may by notice (a “cancellation notice”) cancel a notice
under sub-paragraph (1) with effect from the time specified in the
cancellation notice.

(9) A cancellation notice may contain transitional or saving provision.

(10) 20Nothing in sub-paragraph (7) or (8) prevents the issuing of a further notice
in relation to any provision.

(11) Subject to sub-paragraph (12), the Department must—

(a) publish a notice under this paragraph;

(b) take such other steps as the Department considers reasonable to
25bring the notice to the attention of those likely to be affected by it.

(12) Where the notice relates to a person specified by name—

(a) the Department must give a copy of the notice to that person, and

(b) the published version of the notice must not identify any individual
without their consent.

(13) 30In this paragraph—

• “the Department” means the Department of Education in Northern
  Ireland;

• “specified”, in relation to a notice under sub paragraph (1), means
  specified in the notice.

(14) 35The power to make regulations under sub-paragraph (3) is exercisable by
statutory rule for the purposes of the Statutory Rules (Northern Ireland)
Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

(15) Regulations under sub-paragraph (3) may make different provision for
different purposes.

(16) 40Regulations under sub-paragraph (3) must be laid before the Northern
Ireland Assembly as soon as reasonably practicable after being made.

(17) Regulations laid before the Assembly by virtue of sub-paragraph (16) cease
to have effect at the end of the period of 40 days beginning with the day on
which the instrument is made, unless within that period the instrument is
45approved by a resolution of the Assembly.

(18) In calculating the period of 40 days, no account is to be taken of any time
during which the Assembly is dissolved or during which it is in recess for
more than four days.

(19) Where regulations cease to have effect as a result of sub-paragraph (17), that
5does not—

(a) affect anything previously done under the regulations (except as set
out in sub-paragraph (20)), or

(b) prevent the making of new regulations.

(20) Where—

(a) 10a notice has been given under sub-paragraph (1) disapplying or
modifying a provision that has been added to the list in sub-
paragraph (2) by virtue of the regulations, and

(b) the regulations cease to have effect during the specified period set
out in that notice,

15the notice ceases to have effect at the time the regulations cease to have
effect.

Section 46

SCHEDULE 17 Powers to act for the protection of public health: Northern Ireland

The Public Health Act (Northern Ireland) 1967 has effect as if after Part 1
20there were inserted—

““Part 1A

Public health protection

Introductory

25A Infection or contamination

(1) The following provisions have effect for the interpretation of this
Part.

(2) Any reference to infection or contamination is a reference to infection
25or contamination with coronavirus which presents or could present
significant harm to human health; and “coronavirus” means severe
acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

(3) Any reference to the spread of contamination includes a reference to
the spread of any source of contamination.

(4) 30Any reference to disinfection or decontamination includes a
reference to the removal of any vector, agent or source of the
infection or contamination.

(5) Related expressions are to be read accordingly.

Power to make regulations

25B Health protection regulations: international travel etc

(1) 35The Department of Health may by regulations make provision—

(a) for preventing danger to public health from vessels, aircraft,
trains or other conveyances arriving at any place,

(b) for preventing the spread of infection or contamination by
means of any vessel, aircraft, train or other conveyance
5leaving any place, and

(c) for giving effect to any international agreement or
arrangement relating to the spread of infection or
contamination.

(2) Regulations under subsection (1) may in particular include
10provision—

(a) for the detention of conveyances,

(b) for the medical examination, detention, isolation or
quarantine of persons,

(c) for the inspection, analysis, retention, isolation, quarantine or
15destruction of things,

(d) for the disinfection or decontamination of conveyances,
persons or things or the application of other sanitary
measures,

(e) for prohibiting or regulating the arrival or departure of
20conveyances and the entry or exit of persons or things,

(f) imposing duties on masters, pilots, train managers and other
persons on board conveyances and on owners and managers
of ports, airports and other points of entry, and

(g) requiring persons to provide information or answer
25questions (including information or questions relating to
their health).

25C Health protection regulations: domestic

(1) The Department of Health may by regulations make provision for
the purpose of preventing, protecting against, controlling or
30providing a public health response to the incidence or spread of
infection or contamination in Northern Ireland (whether from risks
originating there or elsewhere).

(2) The power in subsection (1) may be exercised—

(a) in relation to infection or contamination generally or in
35relation to particular forms of infection or contamination, and

(b) so as to make provision of a general nature, to make
contingent provision or to make specific provision in
response to a particular set of circumstances.

(3) Regulations under subsection (1) may in particular include
40provision—

(a) imposing duties on registered medical practitioners or other
persons to record and notify cases or suspected cases of
infection or contamination,

(b) conferring on the Regional Agency or other persons
45functions in relation to the monitoring of public health risks,
and

(c) imposing or enabling the imposition of restrictions or
requirements on or in relation to persons, things or premises
in the event of, or in response to, a threat to public health.

(4) The restrictions or requirements mentioned in subsection (3)(c)
include in particular—

(a) a requirement that a child is to be kept away from school,

(b) a prohibition or restriction relating to the holding of an event
5or gathering,

(c) a restriction or requirement relating to the handling,
transport, burial or cremation of dead bodies or the handling,
transport or disposal of human remains, and

(d) a special restriction or requirement.

(5) 10The power in subsection (1) is subject to section 25D.

(6) For the purposes of this Part a “special restriction or requirement”
means any of the following restrictions or requirements—

(a) that a person submit to medical examination;

(b) that a person be removed to a hospital or other suitable
15establishment;

(c) that a person be detained in a hospital or other suitable
establishment;

(d) that a person be kept in isolation or quarantine;

(e) that a person be disinfected or decontaminated;

(f) 20that a person wear protective clothing;

(g) that a person provide information or answer questions about
the person’s health or other circumstances;

(h) that a person’s health be monitored and the results reported;

(i) that a person attend training or advice sessions on how to
25reduce the risk of infecting or contaminating others;

(j) that a person be subject to restrictions on where the person
goes or with whom the person has contact;

(k) that a person abstain from working or trading;

(l) that a thing be seized or retained;

(m) 30that a thing be kept in isolation or quarantine;

(n) that a thing be disinfected or decontaminated;

(o) in the case of a dead body, that the body be buried or
cremated;

(p) in any other case, that a thing be destroyed or disposed of;

(q) 35that premises be closed;

(r) that, in the case of a conveyance or movable structure, the
conveyance or structure be detained;

(s) that premises be disinfected or decontaminated;

(t) that, in the case of a building, conveyance or structure, the
40premises be destroyed.

(7) But a restriction or requirement mentioned in subsection (4)(a), (b) or
(c) is not to be regarded as a special restriction or requirement.

25D Restrictions on power to make regulations under section 25C

(1) Regulations under section 25C may not include provision imposing
45a restriction or requirement by virtue of subsection (3)(c) of that
section unless the Department considers, when making the
regulations, that the restriction or requirement is proportionate to
what is sought to be achieved by imposing it.

(2) Regulations under section 25C may not include provision enabling
the imposition of a restriction or requirement by virtue of subsection
(3)(c) of that section unless the regulations provide that a decision to
impose such a restriction or requirement may only be taken if the
5person taking it considers, when taking the decision, that the
restriction or requirement is proportionate to what is sought to be
achieved by imposing it.

(3) Regulations under section 25C may not include provision imposing
a special restriction or requirement mentioned in section 25C(6)(a), (b), (c) or (d).

(4) 10Regulations under section 25C may not include provision enabling
the imposition of a special restriction or requirement unless—

(a) the regulations are made in response to a serious and
imminent threat to public health, or

(b) imposition of the restriction or requirement is expressed to be
15contingent on there being such a threat at the time when it is
imposed.

(5) For the purposes of this section—

(a) regulations “enable the imposition of a restriction or
requirement” if the restriction or requirement is imposed by
20virtue of a decision taken under the regulations by the
Department, the Regional Agency or other person;

(b) regulations “impose a restriction or requirement” if the
restriction or requirement is imposed without any such
decision.

25E 25Medical treatment

(1) Regulations under section 25B or 25C may not include provision
requiring a person to undergo medical treatment.

(2) “Medical treatment” includes vaccination and other prophylactic
treatment.

25F 30Health protection regulations: supplementary

(1) This section makes further provision about regulations under section
25B or 25C (“health protection regulations”).

(2) Health protection regulations may—

(a) confer functions on the Regional Agency and other persons;

(b) 35create offences;

(c) enable a court to order a person convicted of any such offence
to take or pay for remedial action in appropriate
circumstances;

(d) provide for the execution and enforcement of restrictions and
40requirements imposed by or under the regulations;

(e) provide for appeals from and reviews of decisions taken
under the regulations;

(f) permit or prohibit the levy of charges;

(g) permit or require the payment of incentive payments,
45compensation and expenses;

(h) provide for the resolution of disputes.

(3) Health protection regulations may, for the purposes of giving effect
to an international agreement or arrangement, amend any statutory
provision.

(4) Health protection regulations may not confer functions on officers of
5Revenue and Customs unless the regulations are made with the
consent of the Commissioners for Her Majesty’s Revenue and
Customs.

(5) Health protection regulations may not create an offence triable on
indictment or punishable with imprisonment.

(6) 10Health protection regulations—

(a) may not create an offence punishable with a fine exceeding
£10,000, and

(b) if the regulations provide for a further fine for each day on
which the default continues after conviction, may not
15provide for the daily penalty to exceed an amount equal to
2% of level 5 on the standard scale.

(7) If health protection regulations provide for the imposition of a daily
penalty in respect of a continuing offence, the court by which a
person is convicted of the original offence may fix a reasonable
20period from the date of conviction for compliance by the defendant
with any directions given by the court; and, where the court has fixed
such a period, the daily penalty shall not be recoverable in respect of
any day before that period expires.

(8) Regulations under section 25C must provide for a right of appeal to
25a court of summary jurisdiction against any decision taken under the
regulations by virtue of which a special restriction or requirement is
imposed on or in relation to a person, thing or premises.

(9) Regulations under section 25C which enable a special restriction or
requirement to be imposed by virtue of a decision taken under the
30regulations must also provide that, if the restriction or requirement
is capable of remaining in force in relation to any person, thing or
premises for more than a specified period, a specified person may
require the continuation of the restriction or requirement to be
reviewed in accordance with the regulations at specified intervals by
35a person determined in accordance with the regulations.

(10) In relation to a special restriction or requirement mentioned in
section 25C(6)(c) or (d)—

(a) the period specified by virtue of subsection (9) and the
intervals specified by virtue of that subsection must be 28
40days or less, and

(b) the regulations must require the continuation of the
restriction or requirement to be reviewed without an
application being made.

Orders that may be made by a magistrates’ court

25G Power to order health measures in relation to persons

(1) 45A magistrates’ court may make an order under this subsection in
relation to a person (“P”) if the court is satisfied that—

(a) P is or may be infected or contaminated,

(b) the infection or contamination is one which presents or could
present significant harm to human health,

(c) there is a risk that P might infect or contaminate others, and

(d) 5it is necessary to make the order in order to remove or reduce
that risk.

(2) An order under subsection (1) may impose on or in relation to P one
or more of the following restrictions or requirements—

(a) that P submit to medical examination;

(b) 10that P be removed to a hospital or other suitable
establishment;

(c) that P be detained in a hospital or other suitable
establishment;

(d) that P be kept in isolation or quarantine;

(e) 15that P be disinfected or decontaminated;

(f) that P wear protective clothing;

(g) that P provide information or answer questions about P’s
health or other circumstances;

(h) that P’s health be monitored and the results reported;

(i) 20that P attend training or advice sessions on how to reduce the
risk of infecting or contaminating others;

(j) that P be subject to restrictions on where P goes or with
whom P has contact;

(k) that P abstain from working or trading.

(3) 25A magistrates’ court may make an order under this subsection in
relation to a person (“P”) if the court is satisfied that—

(a) P is or may be infected or contaminated,

(b) the infection or contamination is one which presents or could
present significant harm to human health,

(c) 30there is a risk that a related party might infect or contaminate
others, and

(d) it is necessary to make the order in order to remove or reduce
that risk.

(4) An order under subsection (3) may impose on or in relation to P a
35requirement that P provide information or answer questions about
P’s health or other circumstances (including, in particular,
information or questions about the identity of a related party).

(5) “Related party” means—

(a) a person who has or may have infected or contaminated P, or

(b) 40a person whom P has or may have infected or contaminated.

(6) An order under subsection (1) or (3) may also order a person with
parental responsibility (within the meaning of the Children
(Northern Ireland) Order 1995) for P to secure that P submits to or
complies with the restrictions or requirements imposed by the order.

(7) 45The Department of Health must by regulations make provision
about the evidence that must be available to a magistrates’ court
before the court can be satisfied as mentioned in subsection (1) or (3).

(8) Any reference in this section to a person who is infected or
contaminated includes a reference to a person who carries the source
of an infection or contamination, and any reference to infecting or
contaminating others includes a reference to passing that source to
5others.

25H Power to order health measures in relation to things

(1) A magistrates’ court may make an order under this subsection in
relation to a thing if the court is satisfied that—

(a) the thing is or may be infected or contaminated,

(b) 10the infection or contamination is one which presents or could
present significant harm to human health,

(c) there is a risk that the thing might infect or contaminate
humans, and

(d) it is necessary to make the order in order to remove or reduce
15that risk.

(2) An order under subsection (1) may impose in relation to the thing
one or more of the following restrictions or requirements—

(a) that the thing be seized or retained;

(b) that the thing be kept in isolation or quarantine;

(c) 20that the thing be disinfected or decontaminated;

(d) in the case of a dead body, that the body be buried or
cremated;

(e) in any other case, that the thing be destroyed or disposed of.

(3) A magistrates’ court may make an order under this subsection in
25relation to a thing if the court is satisfied that—

(a) the thing is or may be infected or contaminated,

(b) the infection or contamination is one which presents or could
present significant harm to human health,

(c) there is a risk that a related person or related thing might
30infect or contaminate humans, and

(d) it is necessary to make the order in order to remove or reduce
that risk.

(4) An order under subsection (3) may require—

(a) the owner of the thing, or

(b) 35any person who has or has had custody or control of the
thing,

to provide information or answer questions about the thing
(including, in particular, information or questions about where the
thing has been or about the identity of any related person or the
40whereabouts of any related thing).

(5) “Related person” means—

(a) a person who has or may have infected or contaminated the
thing mentioned in subsection (3)(a), or

(b) a person whom the thing has or may have infected or
45contaminated.

(6) “Related thing” means—

(a) a thing which has or may have infected or contaminated the
thing mentioned in subsection (3)(a), or

(b) a thing which the thing mentioned in subsection (3)(a) has or
may have infected or contaminated.

(7) 5The Department of Health may by regulations make provision about
the evidence that must be available to a magistrates’ court before the
court can be satisfied as mentioned in subsection (1) or (3).

(8) In this section—

(a) any reference to being infected or contaminated includes a
10reference to carrying the source of an infection or
contamination, and

(b) any reference to infecting or contaminating humans, or a
person or thing, includes a reference to passing the source of
an infection or contamination to humans, or to the person or
15thing.

25I Power to order health measures in relation to premises

(1) A magistrates’ court may make an order under this subsection in
relation to premises if the court is satisfied that—

(a) the premises are or may be infected or contaminated,

(b) 20the infection or contamination is one which presents or could
present significant harm to human health,

(c) there is a risk that the premises might infect or contaminate
humans, and

(d) it is necessary to make the order in order to remove or reduce
25that risk.

(2) An order under subsection (1) may impose in relation to the
premises one or more of the following restrictions or requirements—

(a) that the premises be closed;

(b) that, in the case of a conveyance or movable structure, the
30conveyance or structure be detained;

(c) that the premises be disinfected or decontaminated;

(d) that, in the case of a building, conveyance or structure, the
premises be destroyed.

(3) A magistrates’ court may make an order under this subsection in
35relation to premises if the court is satisfied that—

(a) the premises are or may be infected or contaminated or are or
may be a place where infection or contamination was spread
between persons or things,

(b) the infection or contamination is one which presents or could
40present significant harm to human health,

(c) there is a risk that a related person or related thing might
infect or contaminate humans, and

(d) it is necessary to make the order in order to remove or reduce
that risk.

(4) 45An order under subsection (3) may require the owner or any
occupier of the premises to provide information or answer questions
about the premises (including, in particular, information about the