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.”.