Challenge to regulations made under section 25Q (Emergency Procedure of the Public Health Act) (Northern Ireland) 1967. These regulations, The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment No: 19) Regulations (Northern Ireland) 2021 (‘the Regulations’) came into operation at 5pm on 29 November 2021. The effect of the Regulations was to introduce provisions requiring Covid-Status certification in the following settings which were deemed high risk:
Indoor events (where some or all of the audience are not normally seated) with 500 or more attendees.
Outdoor events (where some or all of the audience are not normally seated) with 4,000 or more attendees.
Events where more than 10,000 people would be present, regardless of whether or not they would be seated.
Nightclubs.
Licenced hospitality premises which serve food and/or drink on the premises.
Premises to which the public have access and where consumption of intoxicating liquor is permitted (with some identified exceptions).
Cinemas, theatres and conference halls.
[4] These settings may only admit ‘qualifying persons’ who can evidence the following pursuant to Regulation 16C:
(a) Proof of full vaccination by paper or electronic form more than 14 days prior.
(b) A negative Covid-19 Rapid Antagen Test proven by the NHS Covid-19 Reporting App or onsite taken within the previous 48 hours.
(c) Valid notification of proof of recovery from a positive Covid-19 PCR test within the previous 30-180 days.
(d) Confirmation in writing of participation in a clinical trial for vaccination against Coronavirus.
(e) Evidence of medical exemption.
By these proceedings the applicant challenges the making of and the implementation of the Covid Certification Scheme provided for in these regulations.
Citations:
[2022] NIQB 13
Links:
Statutes:
Jurisdiction:
Northern Ireland
Health, Administrative
Updated: 06 April 2022; Ref: scu.672069