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COVID-19 (CORONAVIRUS DISEASE) PUBLIC HEALTH (INFECTIOUS DISEASE) REGULATIONS ORDERS

COVID-19 (CORONAVIRUS DISEASE) PUBLIC HEALTH (INFECTIOUS DISEASE) REGULATIONS ORDERS

07.05.2020

PUBLIC HEALTH ACT, 2015

(Act 13 of 2015) PUBLIC HEALTH (INFECTIOUS DISEASES) REGULATIONS

ORDERS

Infectious Disease (Prohibition of Public Assemblies) (No. 4) Order, 2020

Infectious Disease (Prohibition of Public Assemblies) (Restriction on operation of activities and opening and closing hours of establishments, trade premises and shops) (No. 3) Order, 2020

Infectious Disease (Restriction on entry to, exit from and return to Seychelles) (No. 3) Order, 2020

Infectious Disease (Restriction on travel) (No. 3) Order, 2020

RECOGNISING that the Coronavirus Disease 2019 (COVID-19) has spread and continue to spread rapidly across the world;

AND, RECALLING that the Public Health Commissioner published a Notice in the Gazette on 20th March, 2020 declaring a Public Health Emergency in Seychelles under section 25(5) of the Public Health Act, 2015, and directed all persons to comply with the directions and orders therein, and cooperate with the Public Health Commissioner, the Public Health Authority and other relevant authorities in preventing, controlling and suppressing the spread of COVID-19 in Seychelles;

AND, FURTHER RECALLING that the Public Health Commissioner made several Orders to, amongst other things, in order to prevent, control and suppress the spread of COVID-19 in Seychelles –

(a) prohibit public assemblies and indoor public assemblies;

(b) restrict the opening and closing hours of retail outlets and retail food outlets;

(c) restrict the opening and closing hours of offices, establishments, trade premises and shops;

(d) restrict movement of persons by vehicles and vessels;

(e) prohibit non-Seychellois from entering Seychelles;

(f) confine persons to their place of residence, inclusive of their yard space, for a period of 28 days.

AND, ACKNOWLEDGING that up to the present time, the health care providers and public health officers last recorded and reported a case of a person infected by COVID-19 on 6th April, 2020;

AND, FURTHER ACKNOWLEDGING that the current circumstances in relation to the recorded cases of persons infected by COVID-19 may permit the variation of some prohibitions, restrictions and orders so as to enable persons to participate actively and fully in the sustainable development of Seychelles;

AND, BEING CONSCIOUS of the seriousness of problems and threats that COVID-19 poses to the safety, health and posterity of Seychelles and its people, if suitable precautionary and protective health measures are not in place;

NOW, THEREFORE, in exercise of the powers conferred by regulation 7A (Restriction on entry to, exit from and return to Seychelles),7C (Restriction of travel), 8 (Prohibition of public assemblies), 9 (Effect of Prohibition Orders), 11 (Outdoor assemblies) and 12 (Restriction on games and the activities on the beach) of the Public Health (Infectious Diseases) Regulations (S.I. 8 of 1960), the Public Health Commissioner hereby makes the following orders until further notice published on any official Government website or official means of communication and, as soon as possible thereafter, in the Gazette —

A. Infectious Disease (Prohibition of Public Assemblies) (No. 4), Order, 2020

(Regulation 8 read with 9, 11, 12 & 20)

In accordance with regulation 8 read with regulations 9, 11, 12 and 20 of the Public Health (Infectious Disease) Regulations, 1960, the Public Health Commissioner hereby orders the prohibition of public assemblies and indoor public assemblies in Seychelles from 4.00 A.M. of 4th May, 2020, until further notice.

In furtherance of the Order and in accordance with regulation 9, 11 and 12 of the Public Health (Infectious Disease) Regulations, 1960

1. Every person shall refrain from engaging in or taking part in public assemblies, whether outdoor or indoor.

2. (1) Subject to this Order, no assembly of more than 4 persons shall be held for any purpose in any area or place, including but not limited to buildings, beaches and roads.

(2) A person may make an application to the Public Health Commissioner to hold an assembly of more than 4 persons on a specified date and time, and if the application is approved, the Public Health Commissioner may impose such conditions as he deems necessary.

3. For the purposes of preventing, controlling and suppressing the spread of COVID-19, no person shall host any private entertainment event such as a house party which includes any person from outside of the immediate household of the house.

4. A person who encourages, coerces, entices or persuades any person to engage in or take part in an assembly of more than 4 persons commits an offence.

5. No group of four or more persons (unless they are part of the same household or at school or at the workplace) shall assemble spontaneously including when making use or accessing any service. Any such spontaneous assembly shall disperse and any member of such group who fails to depart when instructed by a police officer to do so shall commit an offence and may be arrested without warrant.

6. This prohibition order shall not have the effect of prohibiting assembly exclusively for the following purposes —

6.1 work at the workplace;

6.2 attendance of school or school activities;

6.3 shopping;

6.4 access to healthcare facilities;

6.5 travel at bus stops, bus station, ports or airports;

6.6 consumption at restaurant or other appropriate trade premises;

6.7 religious service;

6.8 funeral service;

6.9 making use of any other service that is permitted to operate,

provided that the employer, worker, owner, manager, consumer or any person in control of the premises or providing the service shall comply with any direction of the Public Health Commissioner in respect of social or physical distancing and hygiene.

7. (1) All sporting activities, games (including the playing of dominoes and cards) and any similar activities outside the confines of the person’s place of residence are prohibited.

(2) A person shall not use any sports, recreation or entertainment facilities –

(a) in the common property of a subdivided building;

(b) in any public place, whether managed or maintained by the Government or private body and is accessible to the general public (including the outdoor gym located at Beau Vallon beach);

8. All establishments, institutions, businesses, organisations authorised to conduct any activity shall ensure that all persons on its premises observe and practice good and consistent hand hygiene and social or physical distancing, as the case may be, according to directions issued by the Public Health Commissioner in respect of the workers, customers, students, attendees or invitees and should employ adequate number of staff to ensure practice and observance thereof so as to remove the risk of infection or spread of COVID-19.

9. Appropriate action shall be taken against any person who fails to comply with this order under the Public Health (Infectious Diseases) Regulations.

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B. Infectious Disease (Prohibition of Public Assemblies) (Restriction on operation of activities and opening and closing hours of establishments, trade premises and shops) (No. 3) Order, 2020

(Regulation 8 read with 9(2))

In accordance with regulation 8 read with regulation 9(2) of the Public Health (Infectious Disease) Regulations, 1960, the Public Health Commissioner hereby orders that —

1. All shops or retail or wholesale outlets shall close from 8:00 PM to 6:00 AM.

2. The following business, trade, activity, trade premises or premises, as the case may be, shall remain closed to the public or shall not operate —

2.1 public bar unless the bar is an attendant facility of a restaurant or a hotel;

2.2 cinema;

2.3 casino;

2.4 gymnasium and fitness centres;

2.5 night clubs, dance halls or and discotheques;

2.6 stadiums for sporting events;

2.7 fairs, fun fairs, fancy fairs, parish fetes;

2.8 amusement parks;

2.9 festivals;

2.10 cultural and musical shows, concerts or performances;

2.11 trade fairs consisting of exhibition, advertisement or sale of the products of industries or of other materials.

3. All establishments, institutions, businesses, organisations authorised to conduct any activity or to be open to the public shall at all times observe and practice good and consistent hand hygiene and social or physical distancing according to directions issued by the Public Health Commissioner in respect of their workers and customers and should employ persons to ensure practice and observance thereof so as to remove the risk of infection or spread of an infectious disease.

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C. Infectious Disease (Restriction on entry to, exit from and return to Seychelles) (No. 3) Order, 2020 (Regulation 7A & 7B read with 7C)

In accordance with regulations 7A and 7B read with 7C of the Public Health (Infectious Disease) Regulations, 1960, the Public Health Commissioner hereby orders that starting from 4:00 AM on Monday 4th May, 2020, until further notice-

1. No person or class of persons shall enter into or exit from Seychelles except with the written authorisation of the Minister responsible for health and subject to such restrictions or conditions as may be specified in the permission.

2. A person who is not a citizen of Seychelles who exits Seychelles from 4th May, 2020, shall undertake not to return to Seychelles for a period of 3 months from the date of exit from Seychelles and the person’s return to Seychelles shall be subject to such further approval from the Minister.

3. Any person seeking an exemption from the operation of Orders 1 and 2 shall make an application to the Minister and the Minister may, on the recommendation of the Public Health Commissioner, grant or refuse the application.

4. Any person entering Seychelles after the publication of this Order shall be required to undergo medical examination, medical surveillance, isolation or quarantine, as the case may be, subject to such conditions that the Public Health Commissioner shall specify.

5. Any person who is not a citizen of Seychelles and who refuses to undergo the necessary requirements under Order 4 shall be prohibited from entering Seychelles, and the owner, agent or person in charge of an aircraft or vessel that transported the person to Seychelles shall, upon being required to remove such person from Seychelles, be responsible for such removal as soon as practicable and the provisions of section 6 of the Immigration Decree shall apply.

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D. Infectious Disease (Restriction on travel) (No. 3) Order, 2020

(Regulation 7C)

In accordance with regulations 7C of the Public Health (Infectious Disease) Regulations, 1960, the Public Health Commissioner hereby orders that starting from 4:00 AM on Monday 4th May, 2020, until further notice —

1. No vessel or aircraft including any person or thing therein shall —

1.1 enter Seychelles;

1.2 exit Seychelles; or

1.3 transit in, travel to, or leave Seychelles without the written permission of the Public Health Commissioner in consultation with the relevant public authorities and subject to such restrictions, conditions as may be specified in the permission.

2. A person authorised by the Public Health Commissioner to enter, exit, transit, travel to, or leave Seychelles, during the existence of the Order, shall notify the Seychelles Ports Authority or the Seychelles Civil Aviation Authority, as the case may be, or any other public authority as directed by the Commissioner, of the entry, exit, transit, travel to, or departure from, Seychelles.

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E. Miscellaneous Orders

The following orders shall apply to Orders A, B, C and D above:-

1. The owner, manager or operator of a trade premises or public place providing a service to the public shall restrict the number of customers or persons inside the trade premises or public place at any one time so that each customer or person is able to physically and optimally distance himself or herself from any other person;

2. Each person in a public place shall at all times maintain optimal physical distance from another person as part of the observance and promotion of social or physical distancing;

3. Necessary action may be taken against any person who fails to comply with any of these orders;

4. Any person who contravenes an order without reasonable excuse commits an offence and is liable on conviction to a fine not exceeding SCR 20, 000 or imprisonment for a period not exceeding two years or to both;

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