The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020

Offences and penalties E+W

8.—(1) A person who without reasonable excuse contravenes a requirement in regulation F1 ... 6(10), (11) or 7 commits an offence.

(2) A person who obstructs, without reasonable excuse, any person carrying out a function under these Regulations, including any person who is a relevant person for the purposes of regulation 7, commits an offence.

(3) A person who, without reasonable excuse, contravenes a direction given under regulation 7, or fails to comply with a reasonable instruction F2 ... given by a relevant person under regulation 7, commits an offence.

(4) An offence under this regulation is punishable on summary conviction by a fine.

(5) 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) is guilty of the offence and liable to be prosecuted and proceeded against and punished accordingly.

(6) In paragraph (5), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.

(7) 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.

(8) For the purposes of this regulation, references to a requirement include references to a restriction.

Textual Amendments

F1 Words in reg. 8(1) omitted (14.10.2020) by virtue of The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020 (S.I. 2020/1103), reg. 1(2), Sch. 3 para. 1(4)(a) (with reg. 9, Sch. 3 para. 7(2))

F2 Words in reg. 8(3) omitted (14.10.2020) by virtue of The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020 (S.I. 2020/1103), reg. 1(2), Sch. 3 para. 1(4)(b) (with reg. 9, Sch. 3 para. 7(2))

Commencement Information

I1 Reg. 8 in force at 4.7.2020 at 00.01 a.m., see reg. 1(2)(b)

Marginal Citations

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