Statutory Instrument 99 of 2020.
[CAP. 15:17
Public Health (COVID-19 Prevention, Containment and Treatment)
(National Lockdown) (Amendment) Order, 2020 (No. 5)
Preamble: Further Extension of the National Lockdown
WHEREAS a State of Disaster in connection with the COVID-19
formidable epidemic disease was declared in the 23rd March, 2020,
by Statutory Instrument 76 of 2020;
AND WHEREAS the Public Health (COVID-19 Prevention,
Containment and Treatment) (National Lockdown) Order, 2020,
was published on the 29th March, 2020 in Statutory Instrument 83
of 2020, declaring a national lockdown to contain the spread of the
COVID-19 formidable epidemic disease with effect from the 30th
March, 2020, to the 19th April, 2020, which period was extended to
the 3rd May, 2020, by Statutory Instrument 93 of 2020;
AND WHEREAS it has become necessary to extend the national
lockdown for a further period of fourteen (14) days to the 17th May,
2020, while providing for a limited relaxation of the lockdown further
to the one specified in Statutory Instrument 94 of 2020;
NOW THEREFORE IT is hereby notified that the Minister of
Health has, in terms of section 8(1) of the Public Health (COVID-19
Prevention, Containment and Treatment) Regulations, 2020 (published
in Statutory Instrument 77 of 2020) made the following order:—
1. This order may be cited as the Public Health (COVID-19
Prevention, Containment and Treatment) (National Lockdown)
(Amendment) Order, 2020 (No. 5).
2. The Public Health (COVID-19 Prevention, Containment and
Treatment) (National Lockdown) Order, 2020, published in Statutory
Instrument 83 of 2020 (hereinafter called “the principal order”), is
amended in section 2 (“Interpretation”) by the insertion of the following
definition—
“face mask” means a protective mask capable of covering
the nose and mouth of the wearer;”.
3. Section 4 (“National lockdown”) of the principal order is
amended—
(a) in subsection (1)—
(i) by the deletion of “for the period from the 30th
March, 2020, to the 3rd May, 2020” and the
substitution of “for the period from the 30th March,
2020, to the 17th May, 2020”;
(ii) by the insertion of the following paragraph after
paragraph (h)—
“(i) every individual who by this order is permitted
to leave his or her home or to be in any
public space must wear a face mask (whether
improvised or manufactured, and whether or
not of a standard specified in the Public Health
(Standards for Personal Protective Apparel,
Materials and Equipment) Regulations,
2020, published in Statutory Instrument 92
of 2020).”;
(b) by the insertion of the following subsection after
subsection (2)—
“(2a) In relation to transport services (whether permitted
by virtue of subsection (2) or not)—
(a) every vehicle used by the transport service must be
disinfected against COVID-19 by or at the direction
of an enforcement officer at least twice daily; and
(b) every individual must be temperature-tested and have
his or her hands sanitised before being allowed to
board any vehicle used by the transport service in
question; and
(c) every individual in or about a vehicle used for a
transport service must observe the social distancing
rule.”;
(c) in subsection (4) by the deletion of “subsection (1) or
(2)” and the substitution of “subsection (1), (2) or (2a)”.
4. Section 5 (“Prohibition of gatherings”) of the principal order
is amended in subsection (1).
(a) by the deletion of “for the period from the 30th March,
2020, to the 3rd May, 2020, no gathering of more thantwo individuals” and the substitution of “for the period
from the 4th April, 2020, to the 17th May, 2020, no
gathering of more than fifty individuals”;
(b) in paragraph (g) by the insertion after “complies with
the social gathering rule” of “and wears a face mask”.
5. The principal order is amended by the insertion of the following
Part after Part IIIA—
“PART IIIB
Level 2 Phased Relaxation of National Lockdown
Application of Part IIIB
11D. This Part applies to businesses in the formal commercial
and industrial sector that are not essential services or are not
businesses of a type governed by Part IIIA.
Interpretation
11E. In these Part—
“business in the formal commercial and industrial sector”
means any business, industry, trade or occupation
(other than a industry, business, trade or occupation
operating as an essential service) dealing (whether
on a wholesale, retail or other basis) in goods or
services for the generation of income or the making
of profits, the formalisation of which is evidenced in
any one or more of the following ways—
(a) the holding of a shop or other licence from a
local authority enabling it to operate the business
in question from a specified premises; or
(b) being the lessee of premises governed by the
Commercial Premises (Lease Control) Act
[Chapter 14:04]; or
(c) being a registered operator for the purposes of
the Value Added Tax Act; or
(d) being a registered as an employer for the purpose
of paying employees’ tax under the Income Tax
Act, or otherwise making a regular return of
income for the purposes of that Act;
(e) being a party to a collective bargaining agreement
negotiated through an Employment Council
governing the business in question;
but does not include any business, industry trade or
occupation referred to in paragraph (b) of the definition
of “public place” in section 2;
“rapid results diagnostic test” means a test for the presence
or absence in an individual of COVID-19 whose
results are obtainable instantly or on the same day
as the test.
Part IIIB Exempted persons
11F. (1) Subject to this section, with effect from the 4th May,
2020, persons operating or employed in a business or industry in
the formal commercial and industrial sector shall be regarded as
persons employed in an essential service for the purposes of section
4(1)(a)(iii) and section 5(1)(g).
(2) Before resuming work for the first time during the
national lockdown, every person referred to in subsection (1)
(including employers of the persons referred to in subsection (1))
must at the direction of an enforcement officer submit to screening
and testing for the COVID-19 disease, whether by use of the rapid
results diagnostic test or other test approved by the Minister of
Health.
(3) Employers of the persons referred to in subsection (1)
must arrange with enforcement officers for the testing contemplated
by subsection (2) to take place at an agreed time at the workplace
or at any other place agreed between them, for which purpose they
may contact the Ministry of Health Call Centre or the Ministry of
Information Call Centre.
(4) Except for good cause shown to an enforcement officer
a business in the formal commercial and industrial sector must
open for business no earlier than 0800 hours and close no later
than 1500 hours.
(5) If any question arises whether any business in the
commercial and industrial sector is formal or not, the person
purporting that the business or industry is formal shall have the
burden of proving, to the satisfaction of an enforcement officer,
that the business is formal.
(6) Persons deemed or purporting to be employers or
employees of, or engaged in, an essential service for the purpose
of this Part shall comply with any direction of an enforcement
officer—
(a) to submit to screening and testing for the COVID-19
disease;
(b) at all times to observe the social distancing rule at
the workplace, to wear protective masks and to make
available for use by employees and other persons
hand sanitising liquid;
(c) to disperse and return home where any business
or industry is not found to be a formal business or
industry.
(7) Any enforcement officer shall at any time during normal
working hours have the right of access to any land or premises
where exempted persons are present or employed to ensure that
the appropriate provisions of this order are being complied with.
(8) Any person who fails to comply with an order of an
enforcement officer given under this section, or who hinders or
obstructs an enforcement officer from have the access referred to
in subsection (6), shall be guilty of an offence and liable to fine
not exceeding level twelve or to imprisonment for a period not
exceeding one year to both such fine and such imprisonment.”.