The Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020

Amendment of the Self-Isolation Regulations

31.—(1) Regulation 12 (fixed penalty notices) is amended as follows.

(2) For paragraph (1) substitute—

“(1) An authorised person may issue a fixed penalty notice to any person that the authorised person reasonably believes—

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

(b) is (in the case of an individual) aged 18 or over.”.

(3) In paragraph (3)(c) for “(8)” substitute “(8C)”.

(4) For paragraphs (4) to (8) substitute—

“(4) In the case of a fixed penalty notice issued to an individual in respect of an offence mentioned in paragraph (5), the amount of the fixed penalty to be specified under paragraph (3)(c) is as follows—

(a) if the fixed penalty notice is the first one issued to that individual in respect of such an offence, the amount is £1,000;

(b) if it is the second fixed penalty notice so issued, the amount is £2,000;

(c) if it is the third fixed penalty notice so issued, the amount is £4,000;

(d) if it is the fourth or subsequent fixed penalty notice so issued, the amount is £10,000.

(5) The offences referred to in paragraph (4) are—

(a) the offence described in regulation 11(1) of contravening, without reasonable excuse, a requirement in regulation 2;

(b) an offence under regulation 11(3) other than a corporate offence;

(c) an offence under regulation 11(4);

(d) an offence under regulation 11(7).

(6) In the case of a fixed penalty notice issued to a person in respect of an offence mentioned in paragraph (7), the amount of the fixed penalty to be specified under paragraph (3)(c) is as follows—

(a) if the fixed penalty notice is the first one issued to that person in respect of such an offence, the amount is £1,000;

(b) if it is the second fixed penalty notice so issued, the amount is £2,000;

(c) if it is the third fixed penalty notice so issued, the amount is £4,000;

(d) if it is the fourth or subsequent fixed penalty notice so issued, the amount is £10,000.

(7) The offences referred to in paragraph (6) are—

(a) where the person to whom the notice is issued is an individual—

(i) the offence described in regulation 11(1) of contravening, without reasonable excuse, a requirement in regulation 7 (whether it is a corporate offence or not);

(ii) an offence under regulation 11(3) which is a corporate offence;

(b) otherwise—

(i) the offence described in regulation 11(1) of contravening, without reasonable excuse, a requirement in regulation 7;

(ii) an offence under regulation 11(3).

(8) For the purposes of paragraphs (5) and (7) “corporate offence” means an offence in relation to which regulation 11(8) applies.

(8A) In the case of a fixed penalty notice issued to a person in respect of the offence described in regulation 11(1) of contravening, without reasonable excuse, a requirement in regulation 8 or 9(2), the amount of the fixed penalty to be specified under paragraph (3)(c) is £50.

(8B) In the case of a fixed penalty notice issued to a person in respect of the offence described in regulation 11(1) of contravening, without reasonable excuse, a requirement in regulation 9(4) or (6), the amount of the fixed penalty to be specified under paragraph (3)(c) is £1,000.

(8C) In the case of a fixed penalty notice issued to a person in respect of an offence under regulation 11(2), the amount of the fixed penalty to be specified under paragraph (3)(c) is—

(a) if the fixed penalty notice is the first issued to the person in respect of such an offence, £4,000;

(b) if it is the second or subsequent fixed penalty notice so issued, £10,000.”.

(5) In paragraph (12), in the definition of “designated officer”, for “this this” substitute “this”.