Civil Law (Miscellaneous Provisions) Act 2021

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(b) is repealed,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.