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The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020 (revoked)

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Enforcement of requirementN.I.

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7.—(1) A relevant person may take such action as is necessary to enforce any requirement imposed by [F1regulation 3, 4 or 6] [F1regulation 3, 4, 6, 6A or 6B].

(2) A relevant person may give a prohibition notice to a person if the relevant person reasonably believes that—

(a)the person is contravening a requirement in regulation 3 or 4, and

(b)it is necessary and proportionate to give the prohibition notice for the purpose of preventing that person from continuing to contravene the requirement.

(3) Where a relevant person considers that a person is outside the place where they are living in contravention of regulation 5(1), the relevant person may—

(a)direct that person to return to the place where they are living, or

(b)remove that person to the place where they are living.

(4) A relevant person exercising the power in paragraph (3)(b) to remove a person to the place where they are living, may use reasonable force, if necessary, in the exercise of the power.

(5) Where the person outside the place where they are living without reasonable excuse is a child accompanied by an individual who has responsibility for the child—

(a)the relevant person may direct that individual to take the child to the place where [F2the child is living], and

(b)that individual must, so far as reasonably practicable, ensure that the child complies with any direction or instruction given by the relevant person to the child.

(6) Where a relevant person has reasonable grounds to believe that a child is repeatedly failing to comply with the restriction in regulation 5(1), the relevant person may direct any individual who has responsibility for the child to secure, so far as reasonably practicable, that the child complies with that restriction.

(7) For the purposes of this regulation, an individual has responsibility for a child if the individual—

(a)has custody or charge of the child for the time being, or

(b)has parental responsibility for the child (within the meaning of the Children (Northern Ireland) Order 1995) M1.

(8) A relevant person may only exercise the power in paragraph (3), (5) or (6) if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the requirement.

(9) Where a relevant person considers that three or more people are gathered together in contravention of regulation 6, the relevant person may—

(a)direct the gathering to disperse;

(b)direct any person in the gathering to return to the place where they are living;

(c)remove any person in the gathering to the place where they are living.

[F3(9A) Where a relevant person considers that seven or more people who are not members of the same household are gathered together in contravention of regulation 6A, the relevant person may—

(a)direct the gathering to disperse;

(b)direct any person in the gathering to return to the place where they are living;

(c)remove any person in the gathering to the place where they are living.

(9B) Where a relevant person considers that eleven or more people are gathered together in contravention of regulation 6B, the relevant person may—

(a)direct the gathering to disperse;

(b)direct any person in the gathering to return to the place where they are living;

(c)remove any person in the gathering to the place where they are living.]

[F4(10) A relevant person exercising the [F5power in paragraph (9)(c)] [F5power in paragraph (9)(c), (9A)(c) or (9B)(c)] to remove a person in a gathering to a place where they are living may use reasonable force, if necessary, in exercise of the power.]

[F6(10A) Where a person who is in a gathering in [F7contravention of regulation 6] [F7contravention of regulations 6, 6A or 6B] is a child accompanied by an individual who has responsibility for the child—

(a)the relevant person may direct that individual to take the child to the place where the child is living, and

(b)that individual must, so far as reasonably practicable, ensure that the child complies with any direction or instruction given by the relevant person to the child.

(10B) Where a relevant person has reasonable grounds to believe that a child is repeatedly failing to comply with the [F8restriction in regulation 6] [F8restriction in regulations 6, 6A or 6B], the relevant person may direct any individual who has responsibility for the child to secure, so far as reasonably practicable, that the child complies with that restriction.

(10C) A relevant person may only exercise the [F9power in paragraph (9), (10A) or (10B)] [F9power in paragraph (9), (9A), (9B), (10A) or (10B)] if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the [F9restriction in regulation 6] [F9restriction in regulations 6, 6A or 6B].]

(11) A relevant person exercising a [F10power under paragraph (3), (5), (6) [F11(9), (10A) or (10B)]] [F10power under paragraph (3), (5), (6), (9), (9A), (9B), (10A) or (10B)] may give the person concerned any reasonable instructions they consider to be necessary.

(12) For the purposes of this regulation—

(a)“child” means a person under the age of 18;

(b)a “relevant person” means—

(i)a constable, or

(ii)a person designated by the Department of Health for the purposes of this regulation;

(c)references to a requirement include references to a restriction.

Textual Amendments

F7Words in reg. 7(10A) substituted (5.6.2020 at 11.00 p.m. for specified purposes) by The Health Protection (Coronavirus, Restrictions) (Amendment No. 5) Regulations (Northern Ireland) 2020 (S.R. 2020/96), regs. 1(3), 2(6)(d) (with reg. 3)

F8Words in reg. 7(10B) substituted (5.6.2020 at 11.00 p.m. for specified purposes) by The Health Protection (Coronavirus, Restrictions) (Amendment No. 5) Regulations (Northern Ireland) 2020 (S.R. 2020/96), regs. 1(3), 2(6)(e) (with reg. 3)

F9Words in reg. 7(10C) substituted (5.6.2020 at 11.00 p.m. for specified purposes) by The Health Protection (Coronavirus, Restrictions) (Amendment No. 5) Regulations (Northern Ireland) 2020 (S.R. 2020/96), regs. 1(3), 2(6)(f) (with reg. 3)

Commencement Information

I1Reg. 7 in operation at 28.3.2020, see reg. 1(1)

Marginal Citations

Yn ôl i’r brig

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