The Health Protection (Coronavirus, Restrictions) (Entry to Venues and Events) (England) Regulations 2021

Coronavirus Improvement Notices

12.—(1) A local authority officer designated by a local authority for the purposes of this regulation (“local authority designated officer”) may issue to a person a Coronavirus Improvement Notice where the officer is of the opinion that—

(a) the person is contravening one or more of the requirements in regulation 5 or 7; and

(b) the requirement of the notice is necessary and proportionate to ensure that the contravention is, or contraventions are, ended or remedied.

(2) A Coronavirus Improvement Notice must state—

(a) the name of the person to whom it is issued or, where it is not possible to obtain the name, the premises to which it relates;

(b) the date on, and time at, which the notice is issued;

(c) the local authority designated officer’s opinion pursuant to paragraph (1);

(d) the requirements in regulation 5 or 7 that the officer is of the opinion is or are being contravened;

(e) particulars of the reasons for the officers opinion;

(f) a requirement that the person to whom the notice is issued must meet to end or remedy the contravention;

(g) the period within which any requirement pursuant to sub-paragraph (f) must be met, such period ending not earlier than 48 hours from the time at which the notice is issued;

(h) the date on, and time at, which the notice ceases to have effect, being the date on and time at which the last of any periods specified in sub-paragraph (g) ends;

(i) a statement explaining that failure to comply with the notice—

(i) is an offence, conviction for which is punishable by a fine;

(ii) may result in the serving of a Coronavirus Restriction Notice or a Coronavirus Immediate Restriction Notice;

(j) details of the right to appeal to a magistrates’ court, and the time within which any appeal may be brought.

(3) A Coronavirus Improvement Notice may (but need not) include suggestions as to the measures which could be taken to ensure that any requirement pursuant to paragraph (2)(f) is met.

(4) A Coronavirus Improvement Notice must be reviewed by a local authority designated officer at, or as soon as practicable after, the end of the period for which the notice has effect.

(5) Where, before the end of the period for which the notice has effect, a person to whom a Coronavirus Improvement Notice has been issued believes that all requirements in the notice pursuant to paragraph (2)(f) have been met, that person may request that a local authority designated officer review the notice.

(6) Where a request is made pursuant to paragraph (5), a local authority designated officer must carry out a review pursuant to paragraph (4), such review to be carried out as soon as practicable but in any event by the end of the period of two working days after the time at which the request is received.

(7) In carrying out a review pursuant to paragraph (4) the local authority designated officer—

(a) must—

(i) decide whether the Coronavirus Improvement Notice has been complied with and, if so, withdraw the notice; and

(ii) notify the person to whom the notice was issued of that decision and that person’s right of appeal to a magistrates’ court, and the time within which such an appeal may be brought;

(b) may issue a new Coronavirus Improvement Notice, a Coronavirus Immediate Restriction Notice or a Coronavirus Restriction Notice to the same person.