- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (10/09/2021)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 15/02/2022
Point in time view as at 10/09/2021. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021, Section 27.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
27.—(1) This regulation applies where—
(a)a person (P) who has received notice of the registration of a default amount under regulation 26 makes a statutory declaration to the effect mentioned in paragraph (2); and
(b)that declaration is served on the clerk of petty sessions within 21 days of the date on which P received notice of the registration.
(2) The statutory declaration must state—
(a)that P was not the person to whom the relevant fixed penalty notice was given; or
(b)that P gave notice requesting to be tried for the alleged offence as permitted by the fixed penalty notice before the end of the period of 28 days specified in that fixed penalty notice.
(3) Where paragraph (2)(a) applies the following shall be void –
(a)the relevant fixed penalty notice;
(b)the registration of the default amount under regulation 26; and
(c)any proceedings taken for its enforcement prior to P's statutory declaration being served.
(4) Where paragraph (2)(b)applies—
(a)the following shall be void—
(i)the registration of the default amount under regulation 26; and
(ii)any proceedings taken for its enforcement prior to P's statutory declaration being served; and
(b)P shall be treated, after P's statutory declaration is served, as if P had given notice requesting to be tried for the alleged offence referred to in P's declaration.
(5) In a case within paragraph (2)(b), Article 19(1)(a) of the Magistrates' Courts (Northern Ireland) Order 1981 (limitation of time) shall have effect as if for the reference to the time when the offence was committed there were substituted a reference to the date of the statutory declaration made for the purposes of paragraph (1).
(6) Paragraph (7) applies where, on the application of P, it appears to a court of summary jurisdiction that it was not reasonable to expect P to serve, within 21 days of the date on which P received the notice referred to in paragraph (1)(a) a statutory declaration to the effect mentioned in paragraph (2).
(7) The court may accept service of a declaration by P after that period has expired and a statutory declaration so accepted shall be taken to have been served as required by paragraph (1)(b).
(8) In this regulation references to proceedings for enforcing payment of the default amount are references to a process issued or other proceedings taken for or in connection with enforcing payment of that amount (including the making of a collection order).
(9) For the purposes of this regulation, P shall be taken to receive notice referred to in paragraph (1) when P receives notice either of registration under regulation 26 or of proceedings for enforcing payment of the registered default amount.
(10) Nothing in this regulation prejudices a right a person may otherwise have in the case of an action purportedly taken under these Regulations which is not in fact authorised by them.
(11) Accordingly, references in this regulation to the registration of a default amount or to any other action taken under these Regulations are not to be read as implying that the registration or action was validly made or taken.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys