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PART 4N.I.Enforcement

OffencesN.I.

Offences and penaltiesN.I.

23.—(1) A person who—

(a)without reasonable excuse contravenes a requirement in regulation 4,

(b)without reasonable excuse contravenes a requirement in regulation 6,

(c)without reasonable excuse contravenes a requirement in regulation 8,

[F1(caa)without reasonable excuse contravenes a requirement in paragraph 5A(2) of Schedule 6,]

[F2(ca)without reasonable excuse contravenes a requirement in regulation 9A,

(cb)without reasonable excuse contravenes a requirement in paragraph 3 of Schedule 6A,

(cc)without reasonable excuse contravenes a requirement in schedule 6A, other than paragraph 3,]

(d)contravenes a requirement in regulation 10,

(e)without reasonable excuse contravenes a requirement in paragraph 4 or 14(a) of Schedule 7,

(f)contravenes a requirement in any paragraph of Schedule 7 other than paragraph 4, 13 or 14(a),

(g)without reasonable excuse contravenes a requirement in or imposed under regulation 19 or regulation 21, or

(h)without reasonable excuse contravenes a requirement in or imposed under regulation 20,

commits an offence.

(2) But a person does not commit an offence where they contravene a requirement in—

(a)regulation 6, if they reasonably believed at the time of the contravention that the notification of a negative result was valid and from a qualifying test,

(b)Schedule 7, if the accommodation or transport booked is no longer available for reasons beyond the person's control.

(3) A person who, without reasonable excuse, intentionally obstructs any person carrying out a function under these Regulations commits an offence.

(4) A person who intentionally or recklessly provides false or misleading passenger information commits an offence.

(5) An operator (within the meaning of regulation 16) who contravenes regulation 17(3) or 18(3) commits an offence.

(6) An offence under these Regulations is punishable on summary conviction by a fine—

(a)not exceeding £10,000 in respect of a managed isolation offence, or a managed isolation (ports and travel information) offence, within the meaning of regulation 27,

(b)not exceeding level 5 on the standard scale in respect of any other offences.

(7) Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 M1 (arrest without warrant: constables) applies in relation to an offence under this regulation as if the reasons in paragraph (5) of that Article included to maintain public health.

Textual Amendments

Marginal Citations

Reasonable excuses: contravention of regulation 6N.I.

24.  For the purposes of regulation 23(1)(b), reasonable excuses for contravening regulation 6 include, in particular, where—

(a)a person was medically unfit to provide a sample for a qualifying test and possessed a document, in English or accompanied by a certified English translation, signed by a medical practitioner entitled to practise in the country or territory in which that practitioner was based, to that effect,

(b)it was not reasonably practicable for a person to obtain a qualifying test due to a disability,

(c)a person required medical treatment with such urgency that obtaining a qualifying test was not reasonably practicable,

(d)a person contracted coronavirus and required emergency medical treatment,

(e)a person was accompanying, in order to provide support, whether medical or otherwise, a person described in paragraph (c) or (d) where it was not reasonably practicable for the accompanying person to obtain a qualifying test,

(f)a person began their journey to Northern Ireland in a country or territory in which a qualifying test was not available to the public, with or without payment, or in which it was not reasonably practicable for a person to obtain a qualifying test due to lack of reasonable access to a qualifying test or testing facility and it was not reasonably practicable for them to obtain a qualifying test in their last point of departure if this was different to where they began their journey,

(g)the time it has taken a person to travel from the country or territory where they began their journey to the country or territory of their last point of departure prior to arriving in Northern Ireland meant that it was not reasonably practicable for them to meet the requirement in paragraph 1(c) of Schedule 5, and it was not reasonably practicable for them to obtain a qualifying test in their last point of departure [F3;]

[F4(h)a person undertook a qualifying test on board the cruise ship on which that person arrived in Northern Ireland, the result of that test was positive, and it was not reasonably practicable for that person to disembark in a country or territory other than Northern Ireland.]

Textual Amendments

Reasonable excuses: contravention of regulation 8N.I.

25.—(1) For the purposes of regulation 23(1)(c), reasonable excuses for contravening regulation 8(2), (3) or (4) include, in particular, where—

(a)it was not reasonably practicable for a person to book a test due to a disability,

(b)a person reasonably considered before arriving in Northern Ireland that it would not be reasonably practicable for the person (or, as the case may be, the child for whom the person has responsibility) to provide a sample for a test in accordance with regulation 8 due to a disability,

(c)a person required medical treatment with such urgency that booking a test was not reasonably practicable,

(d)a person was accompanying, in order to provide support, whether medical or otherwise, a person described in sub-paragraph (a) or (c) where it was not reasonably practicable for the accompanying person to book a test,

(e)a person began their journey to Northern Ireland in a country or territory in which the person did not have reasonable access to the facilities or services required to book a test, with or without payment, and such facilities or services were not reasonably accessible in their last point of departure if this was different to where they began their journey.

(2) For the purposes of regulation 23(1)(c), reasonable excuses for contravening regulation 8(5) include, in particular, where—

(a)it is not reasonably practicable for a person to undertake a test due to a disability,

(b)a person requires medical treatment with such urgency that undertaking a test is not reasonably practicable,

(c)a test is cancelled for reasons beyond the person's control,

(d)a person has left Northern Ireland in accordance with regulation 10(3)(b), or left the common travel area in accordance with paragraph 11(1)(a) of Schedule 7.

[F5Reasonable excuses: contravention of paragraph 5A(2) of Schedule 6N.I.

25AA.  For the purposes of regulation 23(1)(caa), reasonable excuses for contravening paragraph 5A(2) of Schedule 6 include, in particular, where—

(a)it is not reasonably practicable for a person to undertake a test due to a disability,

(b)a person requires medical treatment with such urgency that undertaking a test is not reasonably practicable,

(c)a test is cancelled for reasons beyond the person’s control,

(d)the person sought the test, but the test did not arrive.]

Textual Amendments

[F6Reasonable excuses: contravention of regulation 9AN.I.

25A.  For the purposes of regulation 23(1)(ca), reasonable excuses for contravening regulation 9A include, in particular, where—

(a)it was not reasonably practicable for a person to undertake a test due to a disability,

(b)a person required medical treatment with such urgency that undertaking a test was not reasonably practicable,

(c)a test was cancelled for reasons beyond a person’s control,

(d)a person has left Northern Ireland,

(e)a person is employed as air crew and is undertaking a rest period for a continuous, uninterrupted and defined period of time, following duty or prior to duty, during which the person is free of all duties, standby or reserve (and for these purposes, “duties” “standby” and “reserve” have the meanings given in paragraph ORO.FTL.105 of Commission Regulation (EU) No. 965/2012).]

Textual Amendments