Emergency Powers (COVID-19) (No. 11) Regulations, 2021
In exercise of the power conferred by section 5 of the Emergency Powers Act, Cap. 19.02 the Governor-General makes the following Regulations:
[Published 20th October 2021 – Extra-Ordinary Gazette No. 65 of 2021]
Part I Preliminary
- Citation and duration.
(1) These Regulations may be cited as the Emergency Powers (COVID-19)
(No. 11) Regulations, 2021.
(2) These Regulations shall come into force from 5:01 a.m. on Thursday 21st October, 2021 and shall expire at 5:00 a.m. on Thursday 4th November, 2021. - Interpretation.
In these Regulations,
“Court” includes the Magistrates’ Courts and the Eastern Caribbean Supreme Court;
“COVID-19 (Prevention and Control) Act” means the COVID-19 (Prevention and Control) Act, No. 16 of 2020;
“COVID-19” means the COVID-19 novel coronavirus (2019-n CoV); “curfew” means a period of curfew with a duration from 1:01 a.m. to 5:00 a.m.
Part II
Emergency Measures for the Federation of Saint Christopher and Nevis - Curfew.
(1) A period of curfew is imposed every day from 1:01 a.m. until 5:00 a.m., commencing at 1:01 a.m. on Friday 22nd October, 2021 and ending at 5:00 a.m. on Thursday 4th November, 2021.
(2) Subjecttosub-regulations(3),(4)and(5),inanefforttopreventthespreadof the novel coronavirus or COVID-19 during a period of curfew, every person shall remain confined to his or her place of residence, inclusive of his or her yard space, to avoid contact outside of the family, except
(a) essential workers, who are required to report to work under sub-regulation (4); or
(b) for essential travel for medical emergencies;
provided that such persons shall ensure at all times to distance themselves at least six feet from any other person.
(3) Notwithstanding sub-regulation (2), a person, other than an essential worker, who is required to move from his or her home during the period of curfew, shall first obtain the approval of the Commissioner of Police to do so.
(4) For the purposes of these Regulations, an“essential worker”includes essential officers of
(a) the Royal Saint Christopher and Nevis Police Force;
(b) the Saint Christopher and Nevis Defence Force;
(c) the Fire and Rescue Services Department;
(d) National Emergency Management Agency and Nevis Disaster Management Department, the National Emergency Operating Centre, the Health Emergency Operating Centre and any other Disaster Management Services;
(e) the prisons,correctional facilities,or other similar establishments;
(f) any hospital, health care or medical facility;
(g) theCustomsDepartment;
(h) theImmigrationDepartment;
(i) the Air and Sea Ports Authorities;
(j) the essential media personnel of a Media House;
(k) the office of the Director of Public Prosecutions, the Attorney General’s Chambers, Members of Parliament, the Secretary to the Cabinet;
(l) the emergency technical personnel of any water, electricity or other sector encompassing the provision of electronic communications including print and electronic media;
(m) the Government Printery;
(n) approved hotel or approved quarantine facilities;
(o) approved COVID-19 taxi operators;and
(p) approved COVID-19 ferry operators.
(5) All essential workers shall at all times carry personal identification or official work identification where possible.
(6) All businesses and enterprises shall operate in such a manner as to ensure that
(a) opening and closing hours allow sufficient time for all personnel to adhere to the hours set for curfew; and
(b) theclosinghourshallbebymidnight,thatis,atleastonehourbeforethe start of curfew.
3 4. Businesses and office operations.
(1) Subjecttosub-regulations(2)and(3)andregulations6and13,allbusinesses and offices may operate.
(2) Senior persons, older persons or persons in the pre-retirement age range and persons with chronic underlying conditions should be given priority to work remotely from home.
(3) Subject to sub-regulation (1), where a business is unable to operate by its employees practicing social distancing and physical distancing in accordance with the provisions of regulation 6, it shall allow its employees to work remotely from home utilizing virtual means.
- Public Service, Statutory Bodies, State-owned Enterprises and Courts. Subject to regulations 6 and 13, the public service, the Courts, a statutory body, or a
State-owned enterprise shall operate. - Social distancing and physical distancing protocols.
Any establishment, that is permitted to operate pursuant to the provisions of these Regulations, shall make the necessary arrangements to facilitate social distancing and physical distancing and shall
(a) ensurethatallcustomersandstaffmaintainphysicaldistancingofatleast six feet (6 ft.) in or outside of their business, if in a line to enter the business;
(b) determine the total number of persons that may be permitted in the establishment at any one time by permitting one person for every thirty square feet of store space;
(c) placedistancemarkersatleastsixfeetapart,indicatingwhereeachcustomer must stand on a line at a check out point or other line;
(d) place distance markers at least six feet apart on the outside of the establishment, indicating where customers must stand while waiting to enter the establishment. - Education and religious instruction.
(1) Alleducationalplacesofinstructionincludingpre-schools,nurseries,daycare centres or other early childhood education facilities, may apply to, and operate in accordance with the directives of, the Ministry of Education, subject to the provisions of regulations 6 and 13 and where applicable, shall apply to the Early Childhood Development Unit.
(2) Allreligiousplacesofinstructionorworshipmayoperateinaccordancewiththe provisions of regulations 6 and 13 and any other conditions or directives given by the National COVID-19 Taskforce and the following persons should be encouraged to connect to virtual church services from home or may attend a separate early morning service designated for that purpose
(a) senior persons, persons in the pre-retirement age range or persons over 65 years old;
(b) personswithunderlyinghealthconditions;
(c) individualswithdisabilities;and
(d) thosewhomightnotbeabletowearamaskforthedurationoftheservice.
(3) Sub-regulations (1) and (2) do not prohibit any activity referred to therein by electronic or virtual means.
- No Mass Gathering.
Subject to regulations 9, 10 and 15 and notwithstanding the provisions of the COVID-19
(Prevention and Control) Act, there shall be no mass events for the duration of these Regulations. - Limited Social Activities.
No person shall host, attend or visit
(a) aprivateparty;
(b) arecreationalorsportingeventorothertypesofpublicentertainment,subject to regulation 15;
(c) awedding,subjecttoregulation10(1);
(d) abanquet,ballorreception;
(e) anyotherceremonyinanyfacilityorpublicplace;
(f) a funeral, subject to regulation 10 (2);
(g) ameetingofafraternalsociety,privateorsocialcluborcivicassociationor organization;
(h) anypublicbeach,subjecttoregulation10(3);
(i) any bars or rum shops, subject to regulation 10(5); or
(j) any other type of social event;
except with the written permission of the Commissioner of Police, the provisions of the Mass Events Protocol and compliance with the provisions of regulations 6 and 13. - Exceptions.
(1) Notwithstandingregulation9,apersonmayattendaweddingandallpersons, except the bride and groom, shall adhere to safety protocols and social distancing and physical distancing protocols pursuant to regulations 6 and 13.
(2) Notwithstandingregulation9,apersonmayattendafuneralandallpersonsshall adhere to safety protocols and social distancing and physical distancing protocols pursuant to regulations 6 and 13.
(3) Notwithstandingregulation9,apersonmayvisitapublicbeach (a) forthepurposesofswimmingorexercise;
(b) wherethereshallbenopicnics,beachpartiesorothergatherings;and
(c) whereallpersonsshalladheretosafetyprotocolsandsocialdistancingand physical distancing protocols pursuant to regulations 6 and 13.
(4) Restaurantsandtakeawayfoodvendorsmayoperate
(a) forthepurposesoffooddeliveryorfoodtakeawayservices;
(b) forin-diningand
(i) all persons shall adhere to the social distancing and physical distancing protocols pursuant to regulation 6;
(ii) allpersonsshalladheretothehygieneprotocolpursuanttoregulation13;
(iii) spacing between tables shall allow for a minimum of six feet;
(iv) all persons including restaurant staff shall wear a face mask, covering their nose and mouth in accordance with regulation 13, except when eating or drinking.
(5) Abarmaybeopenedforthesaleofliquorinaccordancewiththeprovisionsof
the Liquor Licences Act, Cap. 18.21 and
(a) all persons shall adhere to the social distancing and physical distancing protocols pursuant to regulation 6;
(b) allpersonsshalladheretothehygieneprotocolpursuanttoregulation13;
(c) spacingbetweentablesshallallowforaminimumofsixfeetbetweenpersons;
(d) allpersonsincludingstaffshallwearafacemask,coveringtheirnoseand mouth in accordance with regulation 13, except when eating or drinking.
(6) Salonsandbarbers’shopsmaybeopenedandnomorethantwopersonsshallbe allowed to remain in the waiting area and
(a) allpersonsshall,asfarasispracticable,adheretothesocialdistancingand physical distancing protocols pursuant to regulation 13;
(b) allpersonsshalladheretothehygieneprotocolpursuanttoregulation13 except if their treatment requires the removal of a face mask.
(7) Allstreetvendorsshalloperatewithintheconfinesofthepublicmarketorother designated area approved by the relevant State agency as directed by the Cabinet Secretary and
(a) wherepracticableanaccuraterecordofallpersonsvisitingthemarketshall be kept, including their names, addresses and telephone numbers;
(b) allpersonsshalladheretosocialdistancingandphysicaldistancingprotocols pursuant to regulation 6; and
(c) allpersonsshalladheretothehygieneprotocolspursuanttoregulation13.
- Restrictionondomestictravel.
(1) Ahiringcarortaxi,motoromnibusoranypassengerferrymayoperateatfull capacity and,
(a) allpersonsshallwearamaskatalltimes,pursuanttoregulation13;
(b) windows shall remain open or partially open depending on the weather conditions;
(c) allpersonsshallpracticegoodhandhygiene,propersanitarybehaviourand social distancing protocols.
(2) The Saint Christopher and Nevis Police Force and the Saint Christopher and Nevis Defence Force shall have powers to stop any vehicle and inquire as to the purposes for which that vehicle is being utilized, and may arrest anyone found in violation of this regulation.
(3) Forthepurposesofthisregulation,
“vehicle” includes a motor vehicle or motorbike;
“motor omnibus”, “motor vehicle for hire or reward” and “taxi” have the meanings assigned under the Vehicles and Road Traffic Act, Chapter 15.06.
- Restrictiononvisitation.
No person shall visit or be permitted to visit
(a) anyplaceofquarantineorisolationstation;
(b) apatientinahospitalorresidentialcareestablishmentorfacility,including an elderly nursing home;
(c) NewHorizonsRehabilitationCentre;
(d) adetaineeinprison. - SafetyProtocols.
(1) Allpersonsshallberequiredtocomplywithsections6and7oftheCOVID-19
(Prevention and Control) Act, social distancing, physical distancing and hygiene protocols.
(2) Apersonshallwearafacemaskcoveringhisorhernoseandmouthwhenindoors or outdoors in a public place. - RestrictiononRegionalandInternationalTravellers.
(1) Subject to the applicable Travel Protocols established pursuant to the COVID-19 (Prevention and Control) Act, all travellers shall be required to submit official proof of a negative RT-PCR test taken 72 hours prior to entry into Saint Christopher and Nevis.
(2) Subject to the applicable Travel Protocols established pursuant to the COVID-19 (Prevention and Control) Act, all travellers shall be required to submit official proof of their vaccination status against the COVID-19 virus, prior to entry into Saint Christopher and Nevis.
(3) Pursuanttosub-regulation(2),anon-residenttravellershallberequiredtoproduce proof of full vaccination upon arrival in order to enter in Saint Christopher and Nevis.
(4) Notwithstandingsub-regulations(1),(2),(6)and(7)allcruisepassengersand personnel shall
(a) inthecaseofafullyvaccinatedperson,provideproofofanegativeRT-PCR test or antigen test taken 72 hours prior to entry into Saint Christopher and Nevis; or
(b) inthecaseofapersonwhoisnotfullyvaccinated,provideproofofanegative RT-PCR test taken 72 hours prior to entry into Saint Christopher and Nevis,
and may be allowed entry within a COVID-19 approved bubble.
(5) AllcitizensandresidentsofSaintChristopherandNevisshallbepermittedentry irrespective of their vaccination status.
(6) NotwithstandingtheprovisionsoftheCOVID-19(PreventionandControl)Act, all arriving travellers who are fully vaccinated against the COVID-19 virus
(a) shallremaininagovernmentapprovedCOVID-19Hotelorquarantinefacility for a period of twenty-four hours and a COVID-19 test sample would be taken within that period; or
(b) mayquarantineataprivateresidencecertifiedbytheNationalCOVID-19 Taskforce, with the written permission of the Chief Medical Officer in consultation withtheCommissionerofPoliceandshallremaininquarantine for a period of twenty-four hours and a COVID-19 test sample would be taken within that period; and
(c) shallonlybereleasedfromquarantineuponreceivinganegativeRT-PCR test.
(7) Allpersonswhoarenotfullyvaccinatedshallremaininquarantineforatleast 14 days, except children under 18 who are travelling with their fully vaccinated parents and who will be subject to the same quarantine time as their parents and a person who is not fully vaccinated
(a) shallremaininagovernmentapprovedCOVID-19Hotelorquarantinefacility for a period of 14 days; or
(b) may quarantine, for a period of 14 days at their own cost for COVID-19 approved security services, at a private residence certified by the National COVID-19 Taskforce, with the written permission of the Chief Medical Officer in consultation with the Commissioner of Police; and
(c) shallonlybereleasedfromquarantineuponreceivinganegativeRT-PCR test.
- Sportsandtraining.
(1) NotwithstandingtheprovisionsoftheCOVID-19(PreventionandControl)Act, a person may attend sports training or practice sessions for amateur or other recreational sporting events and, in accordance with regulation 13,
(a) all persons shall adhere to the social distancing and physical distancing protocol, as far as is reasonably practicable;
(b) allpersonsshallwearafacemask,coveringtheirnoseandmouth,except during the training or practice exercise;
(c) allpersonsshalladheretothehygieneprotocols;
(d) all training or practice sessions shall be in accordance with any other conditions or directives given by the National COVID-19 Taskforce and the Ministry of Sports.
(2) Subjecttosub-regulation(3),managementofteamsorclubswithineachsport discipline may apply, to the Ministry of Sports in the form set out in Part II of Schedule III of the COVID-19 (Prevention and Control) Act, for permission to host inter-team or inter-club competitive matches with a maximum of fifty percent spectator capacity and
(a) the seating arrangements shall allow for a minimum of six feet between persons and distance markers must indicate where each person may sit;
(b) the total number of persons that may be permitted to attend inside of the building or stadium is one person for every thirty square feet; and
(c) allpersonsshalladheretosocialdistancingandphysicaldistancingprotocols pursuant to regulation 13.
- Penalty.
Subject to the provisions of section 22 of the COVID-19 (Prevention and Control) Act, a person who contravenes or fails to comply with these Regulations shall be liable on summary conviction to a fine not exceeding five thousand dollars or a term of imprisonment not exceeding 6 months or to both and to forfeiture of any goods or money in respect of which the offence has been committed.
Made this 20th day of October, 2021.
GOVERNMENT PRINTERY STKITTS WI
SIR S. W. TAPLEY SEATON GCMG, CVO, QC, JP, LLD Governor-General
