The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021

Fixed penalty notices E+W

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

(a) has committed an offence specified in regulation 19; and

(b) if an individual, 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 the designated officer.

(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 in accordance with Schedule 14;

(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) Subject to paragraph (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).

(6) Where a letter is sent as described in paragraph (5), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(7) Paragraph (5) does not apply in the case of—

(a) an offence under regulation 19(7); or

(b) and offence under regulation 19(14) (obstruction) in relation to an offence under regulation 19(7).

(8) 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.

(9) For the purposes of this regulation—

(a) other than in relation to an operator offence [F1 or a test provision offence], “authorised person” means—

(i) a constable,

(ii) an immigration officer, but only in relation to the issue of a fixed penalty notice in respect of an information offence or an offence described in regulation 19(1)(a), (b), (c), (g), (h), (i), (j), (5) and (6), or

(iii) a person designated by the Secretary of State for the purposes of this regulation;

(b) in relation to an operator offence, “authorised person” means—

(i) in relation to passengers arriving by sea, the Secretary of State for Transport,

(ii) in relation to passengers arriving by air, the Civil Aviation Authority,

(iii) in relation to passenger arriving by rail, the Office of Rail and Road;

[F2 (ba) in relation to a test provision offence, “authorised person” means the local authority in whose area the offence is alleged to have been committed and for the purposes of this sub-paragraph—

(i) the reference to “local authority” includes a reference to a county council;

(ii) a county council for an area for which there is also a district council is to be regarded, with respect to its functions under this regulation, as a relevant health protection authority for the purposes of the Public Health (Control of Disease) Act 1984;]

(c) “the designated officer” means—

(i) in relation to an offence other than an operator offence [F3 or a test provision offence], an officer designated by the Secretary of State for the purposes of this regulation,

(ii) in relation to an operator offence [F4 or a test provision offence], the authorised person;

(d) “operator offence” means an offence—

(i) under regulation 19(7),

(ii) under regulation 19(13), F5 ...

[F6 (iia) under regulation 13A, or]

(iii) under regulation 19(14) (obstruction) in relation to a function relating to an offence under regulation 19(7);

[F7 (e) “test provision offence” means an offence—

(i) under regulation 19(13B), or

(ii) under regulation 19(14) in relation to a function relating to an offence under regulation 19(13B)]

Textual Amendments

F1 Words in reg. 20(9)(a) inserted (21.9.2021) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/966), regs. 1(4)(c), 9(a)

F2 Reg. 20(9)(ba) inserted (21.9.2021) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/966), regs. 1(4)(c), 9(b)

F3 Words in reg. 20(9)(c)(i) inserted (21.9.2021) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/966), regs. 1(4)(c), 9(c)(i)

F4 Words in reg. 20(9)(c)(ii) inserted (21.9.2021) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/966), regs. 1(4)(c), 9(c)(ii)

F5 Word in reg. 20(9)(d) omitted (19.7.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 6) Regulations 2021 (S.I. 2021/865), regs. 1(2), 13 (with reg. 23)

F6 Reg. 20(9)(d)(iia) inserted (19.7.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 6) Regulations 2021 (S.I. 2021/865), regs. 1(2), 13 (with reg. 23)

F7 Reg. 20(9)(e) inserted (21.9.2021) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/966), regs. 1(4)(c), 9(d)

Commencement Information

I1 Reg. 20 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)