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PART 4SEnforcement

Enforcement of requirementsS

7.—(1) A relevant person may take such action as is necessary to enforce any requirement imposed by these Regulations.

(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 these Regulations, 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.

F1(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A constable, exercising the power in paragraph [F2(9)(c)] to remove a person to the place where they are living, may use reasonable force, if necessary, in exercise of the power.

(5) Where the person [F3contravening a requirement in these Regulations] 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 they are living, and

(b)that individual must, so far as reasonably practicable, ensure that the child complies with any such 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 [F46(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.

(8) A relevant person may only exercise a power in paragraph [F5(5), (6) or (9)] 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, or

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

F6(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) A relevant person exercising a power under paragraph F7... (5), (6) or (9) may give the person concerned any reasonable instructions they consider to be necessary.

(12) For the purposes of this regulation, a “relevant person” means—

(a)a constable, or

(b)subject to paragraph (13), a person designated by a local authority for the purposes of this regulation.

(13) A local authority may only designate a person for the purposes of this regulation in relation to a requirement in regulation 3 or 4.

(14) For the purposes of this Part, references to a requirement include references to a restriction.

Textual Amendments

Commencement Information

I1Reg. 7 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

Offences and penaltiesS

8.—(1) A person who contravenes a requirement in regulation 3 to 7 commits an offence.

(2) A person who obstructs any person carrying out a function under these Regulations commits an offence.

(3) A person who contravenes a direction given under regulation 7, or fails to comply with a reasonable instruction or a prohibition notice given by a relevant person under regulation 7, commits an offence.

(4) It is a defence to a charge of committing an offence under paragraph (1), (2) or (3) to show that the person, in the circumstances, had a reasonable excuse [F8(see [F9paragraph] (5A))].

F10(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(5A) In relation to the wearing of a face covering, a reasonable excuse includes—

(a)to seek medical assistance,

(b)to provide care or assistance to a vulnerable person, including to provide emergency assistance,

(c)to avoid injury, illness or to escape a risk of harm,

(d)where the person cannot put on, wear or remove a face covering—

(i)because of any physical or mental illness or impairment or disability (within the meaning of section 6 of the Equality Act 2010),

(ii)without severe distress,

(e)to communicate with a person who has difficulties communicating (in relation to speech, language or otherwise),

(f)to eat or drink where reasonably necessary,

(g)to take medication,

(h)to remove a face covering temporarily to comply with a request by a relevant person or another person acting in the course of their duties, and for the purposes of this sub-paragraph “relevant person” has the meaning given by regulation 7(12).

[F12(i)where the person is undertaking food handling tasks, to avoid risk to the hygiene or safety of food.]]

(6) A person who commits an offence under this regulation is liable, on summary conviction, to a fine not exceeding the statutory maximum.

(7) If an offence under this regulation committed by a body corporate is proved—

(a)to have been committed with the consent or connivance of an officer of the body, or

(b)to be attributable to any neglect on the part of such an officer,

the officer (as well as the body corporate) commits the offence and is liable to be prosecuted and proceeded against and punished accordingly.

(8) In paragraph (7), “officer” in relation to a body corporate means—

(a)in the case of a company—

(i)a director, secretary, manager or similar officer, or

(ii)where the affairs of the company are managed by its members, a member,

(b)in the case of a limited liability partnership, a member,

(c)in the case of a partnership other than a limited liability partnership, a partner,

(d)in the case of another body or association, a person who is concerned in the management or control of its affairs.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I2Reg. 8 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

Fixed penalty noticesS

9.—(1) A constable may issue a fixed penalty notice to a person that the constable reasonably believes—

(a)has committed an offence under these Regulations, and

(b)is aged [F1318] years or over.

(2) A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty in accordance with these Regulations.

(3) The penalty payable in respect of a fixed penalty notice, subject to paragraph (4), is £60.

(4) Unless paragraph (5) applies, if £30 is paid before the end of the period of 28 days beginning with the date of the fixed penalty notice, then that is the amount of the fixed penalty (and the fixed penalty notice must make known the effect of this paragraph).

(5) If the person to whom a fixed penalty notice is given has already received a fixed penalty notice under these Regulations—

(a)paragraph (4) does not apply, and

(b)the penalty payable in the case of—

(i)the second fixed penalty notice received is £120,

(ii)the third and subsequent fixed penalty notice received is double the amount specified in the last fixed penalty notice received by that person, to a maximum of £960.

(6) For the purposes of these Regulations—

(a)the form of a fixed penalty notice,

(b)the effect of a fixed penalty notice, and

(c)the procedure that applies to a fixed penalty notice,

are the same as those that apply to a fixed penalty notice given under section 129(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 M1, as provided for in sections 129 to 134 of that Act [F14and sections 226B and 226I of the Criminal Procedure (Scotland) Act 1995]F15 , subject to the modifications in paragraph (7).

(7) The modifications are—

(a)section 129(1) is to be disregarded,

(b)the definitions of “fixed penalty notice” in sections 129(2) and 134 are to be construed as a reference to a notice under paragraph (1),

(c)the definition of “prescribed area” in section 129(2) is to be disregarded,

(d)section 130(1), (2) and (3)(f) is to be disregarded,

(e)the references to “section 129” in section 131(1) and section 133(1) are to be construed as references to this regulation,

[F16(f)in section 131(5)—

(i)the reference to “in accordance with this Part” is to be construed as a reference to these Regulations, and

(ii)the reference to “a sum equal to one and a half times” is to be disregarded,] F17...

(g)the definition of “fixed penalty offence” in section 134 is to be construed as though it referred to an offence of the type referred to in paragraph (1)(a).

[F18(h)in section 226B(5)(a)(ii) of the Criminal Procedure (Scotland) Act 1995—

(i)the reference to “by virtue of section 131(5) of the Antisocial Behaviour etc. (Scotland) Act 2004” is to be construed as a reference to that section as modified by this paragraph, and

(ii)the reference to “a fixed penalty notice given under section 129 (fixed penalty notices) of that Act” is to be construed as a reference to section 129 of the Antisocial Behaviour etc. (Scotland) Act 2004 as modified by this paragraph.]

Textual Amendments

F13Word in reg. 9(1)(b) substituted (27.5.2020) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 2 para. 7(2) (with s. 9)

F151995 c.46. Sections 226B and 226I were inserted by section 55 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007. Sections 226B and 226I have been amended but none of the amendments are relevant to these Regulations.

Commencement Information

I3Reg. 9 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

Marginal Citations