Health (Amendment) Act 2021

Confirmation of certain provision of regulation under section 31A(1) as fixed penalty provision

4. The Act of 1947 is amended by the insertion of the following section after section 31A:

“31AA. (1) Regulation 4A (1) (inserted by Regulation 5 of the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 10) (Amendment) (No. 2) Regulations 2021 ( S.I. No. 29 of 2021 )) of the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19)(No.10) Regulations 2020 ( S.I. No. 701 of 2020 ) shall be deemed to have been, for the duration of the relevant period, prescribed, in accordance with section 31A(6C), to be a fixed penalty provision.

(2) A fixed payment notice given, during the relevant period, under section 31C to a person in respect of an alleged offence consisting of a contravention of the provision referred to in subsection (1) shall be deemed to be, and always to have been, valid.

(3) In this section, ‘relevant period’ means the period beginning on the coming into operation of the provision referred to in subsection (1) and ending on the coming into operation of the Health Act 1947 (Fixed Payment Notice and Dwelling Event Provisions) (Covid-19) (Amendment) (No. 2) Regulations 2021 ( S.I. No. 62 of 2021 ).”.