The Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (revoked)

PART 3 E+W Enforcement

Enforcement of requirement to self-isolate E+W

5.—(1) Where an authorised person has reasonable grounds to believe that a person (“P”) has left, or is outside of, the place where P is self-isolating in contravention of regulation 4, the authorised person may—

(a) direct P to return to the place where P is self-isolating,

(b) [F1 where the authorised person is a constable,] remove P to the place where P is self-isolating,

(c) where [F2 the authorised person is a constable and] it is not practicable or appropriate in the circumstances to take the action in sub-paragraph (a) or (b), remove P to accommodation facilitated by the Secretary of State for the purposes of P's self-isolation.

(2) Paragraph (1)(b) and (c) does not apply where P is a person described in paragraph 1 of Schedule 2.

(3) [F3 A constable] exercising the power in paragraph (1)(b) or (c) may use reasonable force, if necessary, in the exercise of the power.

(4) Where P is a child, and has left or is outside of, the place where they are self-isolating and accompanied by an individual who has responsibility for them—

(a) an authorised person may direct that individual to take P to the place where P is self-isolating, and

(b) that individual must, so far as reasonably practicable, ensure that P complies with any direction given by an authorised person to P.

(5) Where P is a child, and an authorised person has reasonable grounds to believe that P is repeatedly failing to comply with regulation 4, the authorised person may direct any individual who has responsibility for P to ensure, so far as reasonably practicable, that P so complies.

(6) An authorised person may only exercise a power in paragraph (1), (4) or (5) if the authorised person considers that it is a necessary and proportionate means of ensuring compliance with regulation 4.

(7) For the purposes of this regulation, “authorised person” means—

(a) a constable, or

(b) a person designated by the Secretary of State for the purposes of this regulation.

Textual Amendments

F1 Words in reg. 5(1)(b) inserted (2.12.2020) by The Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020 (S.I. 2020/1375), reg. 1(1), Sch. para. 2(2)(a)

F2 Words in reg. 5(1)(c) inserted (2.12.2020) by The Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020 (S.I. 2020/1375), reg. 1(1), Sch. para. 2(2)(b)

F3 Words in reg. 5(3) substituted (2.12.2020) by The Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020 (S.I. 2020/1375), reg. 1(1), Sch. para. 2(3)

Commencement Information

I1 Reg. 5 in force at 8.6.2020, see reg. 1(1)

Offences and penalties E+W

6.—(1) A person who—

(a) without reasonable excuse contravenes a requirement in regulation 3,

[F4 (aa) without reasonable excuse contravenes a requirement in regulation 3A,]

(b) contravenes a requirement in regulation 4, or

(c) without reasonable excuse contravenes a requirement in or imposed under regulation 5,

commits an offence.

[F5 (1A) But a person does not commit an offence where they contravene a requirement [F6 in—

(a) regulation 3A, if they reasonably believed at the time of the contravention that the notification of a negative result was valid and from a qualifying test, or

(b) regulation 4 in the circumstances described in paragraph (8)(d), (8A)(f), (9)(h) or (13A) of that regulation, if they reasonably believed at the time of the contravention that the test was an appropriate test (within the meaning given in paragraph 2 of Schedule 2A).]]

[F7 (1B) For the purposes of paragraph (1)(aa), reasonable excuses 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 sub-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 England 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 a 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 England meant that it was not reasonably practicable for them to meet the requirement in paragraph 1(c) of Schedule 2B, and it was not reasonably practicable for them to obtain a qualifying test in their last point of departure.]

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

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

[F8 (3A) An operator (within the meaning given in regulation 4A) who contravenes regulation 4B(3) or 4C(3) commits an offence.]

(4) An offence under these Regulations is punishable on summary conviction by a fine.

(5) Section 24 of the Police and Criminal Evidence Act 1984 M1 applies in relation to an offence under this regulation as if the reasons in subsection (5) of that section included—

(a) to maintain public health,

(b) to maintain public order.

Textual Amendments

F4 Reg. 6(1)(aa) inserted (15.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, Pre-Departure Testing and Operator Liability) (England) (Amendment) Regulations 2021 (S.I. 2021/38), regs. 1(2), 3(4)(a) (with reg. 4)

F5 Reg. 6(1A) inserted (15.12.2020) by The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 26) Regulations 2020 (S.I. 2020/1337), regs. 1, 2(4)

F6 Reg. 6(1A)(a)(b) and word substituted for words in reg. 6(1A) (15.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, Pre-Departure Testing and Operator Liability) (England) (Amendment) Regulations 2021 (S.I. 2021/38), regs. 1(2), 3(4)(b) (with reg. 4)

F7 Reg. 6(1B) inserted (15.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, Pre-Departure Testing and Operator Liability) (England) (Amendment) Regulations 2021 (S.I. 2021/38), regs. 1(2), 3(4)(c) (with reg. 4)

F8 Reg. 6(3A) inserted (15.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/47), regs. 1(2), 2(4)

Commencement Information

I2 Reg. 6 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M1 1984 c. 60. Section 24 was substituted by section 110(1) of the Serious Organised Crime and Police Act 2005 (c. 15).

Fixed penalty notices E+W

7.—(1) An authorised person may issue a fixed penalty notice to anyone that the authorised person has reasonable grounds to believe—

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

(b) is aged 18 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 to an officer designated by the Secretary of State for the purposes of this regulation (“the designated officer”) specified in the notice.

(3) Where a person is issued with a notice under this regulation in respect of an offence—

(a) no proceedings may be taken for the offence before the end of the period of 28 days following the date of the notice,

(b) the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.

(4) A fixed penalty notice must—

(a) give reasonably detailed particulars of the circumstances alleged to constitute the offence,

(b) state the period during which (because of paragraph (3)(a)) proceedings will not be taken for the offence,

(c) specify the amount of the fixed penalty,

(d) state the name and address of the person to whom the fixed penalty may be paid, and

(e) specify permissible methods of payment.

(5) Where the fixed penalty notice is issued in respect of an offence described in regulation [F9 6(1)(c)], or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to regulation 4 or 5, then the amount specified under paragraph (4)(c) must be £1,000.

[F10 (5A) Where the fixed penalty notice is issued to a person in respect of an offence described in regulation 6(1)(b), then the amount specified under paragraph (4)(c) must be—

(a) in the case of the first fixed penalty notice, £1,000,

(b) in the case of the second fixed penalty notice, £2,000,

(c) in the case of the third fixed penalty notice, £4,000,

(d) in the case of the fourth and subsequent fixed penalty notice, £10,000.

(5B) In determining how many fixed penalty notices a person (“P”) has received for the purposes of paragraph 5A, if P received more than one fixed penalty notice for an offence described in regulation 6(1)(b) of these Regulations before 2nd October 2020, only one of those notices may be taken into account.]

(6) Where the fixed penalty notice is issued in respect of an offence described in regulation 6(1)(a) or (3), or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to regulation 3 (an “information offence”), then the amount specified under paragraph (4)(c) must be—

(a) in the case of the first fixed penalty notice issued in respect of an information offence, £100,

(b) in the case of the second fixed penalty notice issued in respect of an information offence, £200,

(c) in the case of the third fixed penalty notice issued in respect of an information offence, £400,

(d) in the case of the fourth fixed penalty notice issued in respect of an information offence, £800,

(e) in the case of the fifth fixed penalty notice issued in respect of an information offence, £1,600,

(f) in the case of the sixth and subsequent fixed penalty notices issued in respect of an information offence, £3,200.

[F11 (6A) Where the fixed penalty notice is issued to a person in respect of an offence described in regulation 6(1)(aa), or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to regulation 3A, then the amount specified under paragraph (4)(c) must be—

(a) in the case of the first fixed penalty notice, £500,

(b) in the case of the second fixed penalty notice, £1,000,

(c) in the case of the third fixed penalty notice, £2,000,

(d) in the case of the fourth and subsequent fixed penalty notice, £4,000.]

(7) Whatever other method may be specified under paragraph (4)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under paragraph (4)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

(8) Where a letter is sent as described in paragraph (7), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(9) In any proceedings, a certificate that—

(a) purports to be signed by or on behalf of the designated officer, and

(b) states that the payment of a fixed penalty was, or was not, received by the date specified in the certificate,

is evidence of the facts stated.

(10) For the purposes of this regulation, “authorised person” means—

(a) a constable,

(b) an immigration officer, but only in relation to the issue of a fixed penalty notice in respect of an information offence [F12 or an offence described in regulation 6(1)(aa)], or

(c) a person designated by the Secretary of State for the purposes of this regulation.

Textual Amendments

F9 Word in reg. 7(5) substituted (2.10.2020) by The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 16) Regulations 2020 (S.I. 2020/1070), regs. 1(2), 2(3)(a)

F10 Reg. 7(5A)(5B) inserted (2.10.2020) by The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 16) Regulations 2020 (S.I. 2020/1070), regs. 1(2), 2(3)(b)

F11 Reg. 7(6A) inserted (15.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, Pre-Departure Testing and Operator Liability) (England) (Amendment) Regulations 2021 (S.I. 2021/38), regs. 1(2), 3(5)(a) (with reg. 4)

F12 Words in reg. 7(10)(b) inserted (15.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, Pre-Departure Testing and Operator Liability) (England) (Amendment) Regulations 2021 (S.I. 2021/38), regs. 1(2), 3(5)(b) (with reg. 4)

Commencement Information

I3 Reg. 7 in force at 8.6.2020, see reg. 1(1)

Prosecutions E+W

8.  Proceedings for an offence under these Regulations may be brought by the Crown Prosecution Service and any person designated by the Secretary of State.

Commencement Information

I4 Reg. 8 in force at 8.6.2020, see reg. 1(1)