The Health Protection (Coronavirus, Restrictions) (No. 2) Regulations (Northern Ireland) 2020 (revoked)

Citation, commencement and interpretationN.I.

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Restrictions) (No. 2) Regulations (Northern Ireland) 2020 and shall come into operation at 11.00 pm on 23rd July 2020.

(2) In these Regulations —

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

“household” means one person living alone or two or more persons (whether or not related) living together at the same address;

[F1“Intoxicating liquor” has the meaning given in section 2(2) of the Licensing (Northern Ireland) Order 1996;]

“person responsible for carrying on a business or providing a service or operating any premises” includes the owner, proprietor and manager of that business or service or those premises;

“private dwelling” is a dwelling occupied by a person as their only or main residence and includes any garden, yard, passage, stair, outhouse or other appurtenance of the dwelling.

[F2“relevant person” means—

(a)

a constable, or

(b)

a person designated by the Department of Health for the purposes of these regulations other than regulation 9;]

[F2“table” includes a counter or other structure which serves the purpose of a table and which is not used wholly or partly as a bar for the service of food or drink.]

[F3“guesthouse”, “harbour terminal”, “hotel” and “resident” have the meanings given to them in article 2(2) of the Licensing (Northern Ireland) Order 1996.]

(3) There is a gathering when two or more persons are present together in the same place in order to engage in any form of social interaction with each other, or to undertake any other activity with each other.

(4) A place is indoor if it would be considered to be enclosed or substantially enclosed for the purposes of regulation 2 of The Smoke-free (Premises, Vehicle Operators and Penalty Notices) Regulations (Northern Ireland) 2007 M1, and otherwise a place is outdoor.

(5) Any reference in these Regulations to a person designated by the Department of Health includes a reference to an authorised officer employed by a person so designated.

Textual Amendments

Marginal Citations

Revocations and SavingsN.I.

2.  The following Regulations are revoked—

(a)The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020 (the Principal Regulations) M2;

(b)The Health Protection (Coronavirus, Restrictions) (Amendment) Regulations (Northern Ireland) 2020 M3;

(c)The Health Protection (Coronavirus, Restrictions) (Amendment No. 2) Regulations (Northern Ireland) 2020 M4;

(d)The Health Protection (Coronavirus, Restrictions) (Amendment No. 3) Regulations (Northern Ireland) 2020 M5;

(e)The Health Protection (Coronavirus, Restrictions) (Amendment No. 4) Regulations (Northern Ireland) 2020 M6;

(f)The Health Protection (Coronavirus, Restrictions) (Amendment No. 5) Regulations (Northern Ireland) 2020 M7;

(g)The Health Protection (Coronavirus, Restrictions) (Amendment No. 6) Regulations (Northern Ireland) 2020 M8;

(h)The Health Protection (Coronavirus, Restrictions) (Amendment No. 7) Regulations (Northern Ireland) 2020 M9;

(i)The Health Protection (Coronavirus, Restrictions) (Amendment No. 8) Regulations (Northern Ireland) 2020 M10;

(j)The Health Protection (Coronavirus, Restrictions) (Amendment No. 9) Regulations (Northern Ireland) 2020 M11;

(k)The Health Protection (Coronavirus, Restrictions) (Amendment No. 10) Regulations (Northern Ireland) 2020 M12;

(l)The Health Protection (Coronavirus, Restrictions) (Amendment No. 11) Regulations (Northern Ireland) 2020 M13.

(2) Notwithstanding the revocation of the Principal Regulations, they continue in operation, as amended, in relation to any offence committed under the Principal Regulations before these Regulations came into operation.

(3) A designation made in exercise of the power conferred by regulation 7(12)(b)(ii) or 9(10)(ii) of the Principal Regulations shall be treated as if it had been made in exercise of the power conferred by regulation 7(9)(c)(ii) or 9(12)(b) of these Regulations.

(4) A fixed penalty notice [F4which refers to the Principal Regulations] shall continue to have effect as if it was issued under regulation 9(1) of these Regulations including for the purposes of calculating penalties in cases to which regulation 9(7)(b) applies or for dealing with any offence committed or reasonably believed to have been committed or otherwise processing the fixed penalty notice in accordance with regulations 9 to 14.

Textual Amendments

Marginal Citations

Review of the need for restrictions or requirementsN.I.

3.  The Department of Health must review the need for restrictions and requirements imposed by these Regulations at least once every 28 days, with the first review being carried out by 21 August 2020.

Requirement to close businesses and premisesN.I.

4.—(1) A person responsible for carrying on a business or providing a service or operating any premises listed in [F5schedule 1] must cease to do so.

(2) If a business or service provider (“A”) listed in [F5schedule 1] forms part of a larger business or service provider (“B”), the person responsible for carrying on B complies with the requirement in paragraph (1) if it closes A.

Textual Amendments

[F6Requirement in relation to venues at which intoxicating liquor may be consumedN.I.

4A.—(1) Notwithstanding the provisions of any licence granted under article 3 and schedule 1 of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985, a person concerned in the organisation or operation of [F7a venue] at which intoxicating liquor may be consumed shall not permit at that venue—

(a)dancing; or

(b)the provision of music, whether live or recorded, for dancing; or

(c)live music.

(2) Paragraphs (1)(a) and 1(b) shall not apply to dancing by—

(a)a party to a marriage or civil partnership at an event to celebrate that marriage or civil partnership; or

(b)professional dancers providing entertainment at a venue.

(3) A person responsible for the organisation or operation of [F8a venue] at which intoxicating liquor may be consumed must—

(a)carry out a risk assessment which complies with the requirements of regulation 5(4)(a) and which determines—

(i)the maximum number of persons who may be seated in those parts of the venue where alcohol may be consumed; and

(ii)the volume at which any background or ambient music will be played so as to enable visitors to conduct conversation at normal loudness of speech;

(b)retain the risk assessment referred to in subparagraph (a) on the premises and make it available immediately for inspection by visitors to the premises or to a relevant person on request;

(c)take all reasonable measures to limit the risk of transmission of the coronavirus in accordance with regulation 5(4)(b); and

(d)display prominently, at each part of the venue where alcohol may be consumed, the maximum number of persons who may be seated in that part of the venue.

(4) Where a venue referred to in paragraph (3) or a part of such a venue is booked by a client or clients for a specific event, the person responsible for the organisation or operation of that venue must discharge the requirements set out in paragraph (3) in a manner that is tailored to that event and share the risk assessment with that client or those clients before the commencement of that event.

[F9(5) Regulations 4A, 4B and 4C shall not apply to a place of worship.]

Textual Amendments

4B.—(1) A person responsible for the organisation or operation of [F10a venue] at which intoxicating liquor may be consumed must ensure that—

(a)any person visiting the premises to consume food or drink on the premises is provided with a seat at a table immediately on entering the premises;

(b)orders for food or drink are taken from visitors only at the table at which they are seated in accordance with subparagraph (a);

(c)[F11persons visiting the premises to consume food or drink] move within the premises only to enter the premises, reach the table at which they are to be seated in accordance with paragraph (a), access toilet facilities [F12, access a smoking area] or leave the premises;

(d)food and drink are consumed by visitors only at the table at which they are seated in accordance with subparagraph (a); and

(e)no more than six persons (not including children aged 12 or under) are seated at any one table (unless those seated at a table comprise a single household), and persons from no more than two households are seated at any one table.

(2) Subparagraph (1)(e) is modified in relation to an event to celebrate a marriage or civil partnership as follows—

  • a person responsible for the organisation or operation of [F13a venue] at which intoxicating liquor may be consumed must ensure that no more than ten persons (not including children aged 12 or under) are seated at any one table, not including the table at which the parties to the wedding or civil partnership are seated at which no limit is placed on persons who may be seated.

(3) A person responsible for the organisation or operation of [F14a venue] at which intoxicating liquor may be consumed relevant hospitality premises must provide facilities for visitors to sanitise their hands on or before entering the premises.

(4) Where [F15a venue] at which intoxicating liquor may be consumed provides food on a buffet basis, subparagraphs 1(b) and 1(c) shall not apply and in such a case a person responsible for that venue must ensure that—

(a)[F16persons visiting the premises to consume food or drink] move within the premises only to enter the premises, reach the table at which they are to be seated in accordance with subparagraph (a), select food from the buffet, access toilet facilities [F17, access a smoking area] or leave the premises; and

(b)visitors maintain a distance of two metres between households when selecting food from the buffet.

(5) A person responsible for the organisation or operation of [F18a venue] at which intoxicating liquor may be consumed must ensure that all seats provided for the use of visitors to those premises are situated at least two metres from any bar used wholly or partly as a bar for the service of food or drink, unless there is a partition on the bar between visitors and staff of the relevant hospitality premises.

[F19(6) Nothing in this regulation shall prohibit

(a)anything done for the purpose of enabling any person to avoid injury or illness or to escape a risk of harm, or to provide emergency or medical assistance to any person, or

(b)a resident of a hotel or guesthouse from moving within a venue to access any services of the hotel or guesthouse.]

Textual Amendments

Requirement to collect and share information: restaurants, cafes, bars, public houses etc.N.I.

4C.—(1) A person responsible for the organisation or operation of [F20a venue] at which intoxicating liquor may be consumed must, in relation to the premises, take measures to—

(a)(where visitor information is not provided in advance of a visit) obtain visitor information at the time of a visit;

(b)record visitor information in a filing system (which may be an electronic system) suitable for recording, storing and retrieving the information; and

(c)retain visitor information for a period of 21 days beginning with the date on which the visit occurred.

[F21(d)destroy visitor information as soon as reasonably practicable after the expiry of the period in sub-paragraph (c) unless there is another basis outside these regulations on which the details may lawfully be retained.]

(2) A person responsible for the organisation or operation of [F22a venue] at which intoxicating liquor may be consumed must provide visitor information to a relevant person as soon as reasonably practicable but in any event within 24 hours of a request, if so requested by that person for the purpose of—

(a)preventing a threat to public health resulting from the spread of infection or contamination with coronavirus; and

(b)monitoring the spread of infection or contamination with coronavirus or the incidence of coronavirus disease.

(3) In this regulation “visitor information” means—

(a)the name and telephone number of one member of each household visiting the premises;

(b)the date of their visit and arrival time; and

(c)the number of members of that person’s household visiting the premises at that time.]

Textual Amendments

[F23Requirement in relation to intoxicating liquor and to food and drinkN.I.

4D.—(1) A person must not, between the hours of 22:30 and 11:30, in a venue at which intoxicating liquor may be consumed—

(a)himself or by his servant or agent sell or supply intoxicating liquor, or

(b)permit the consumption of intoxicating liquor, or

(c)purchase, obtain or consume intoxicating liquor.

(2) Subparagraph (1) F24... shall not prohibit or restrict, during the hours of 22.30 to 23.00, the consumption or permitting consumption of intoxicating liquor in the venue.

(3) Subparagraph (1)(a) shall not apply in relation to intoxicating liquor for consumption by a resident in a hotel or guesthouse, and not by any other person, in the accommodation provided for the private use of the resident, provided that the intoxicating liquor is not delivered to that accommodation in response to a request from the resident.

(4) (a) A person must not, between the hours of 22:30 and 05:00, in a venue at which intoxicating liquor may be consumed—

(i)himself or by his servant or agent sell or supply food or drink, or

(ii)permit the consumption of food or drink, or

(iii)purchase, obtain or consume food or drink.

(b)Subparagraph (a) shall not prohibit or restrict, during the hours of 22.30 to 23.00, the consumption or permitting consumption of the food or drink in the venue.

(c)The requirements in subparagraph (a) shall not prohibit or restrict the sale, supply, purchase, obtaining, consumption or permitting consumption of food or drink at any time—

(i)in a guesthouse or hotel, in relation to a resident of the guesthouse or hotel, in the accommodation provided for the private use of the resident,

(ii)in a harbour terminal, airport or motorway service area, or

(iii)to or by employees or workers contracted to work in the venue.

(5) (a) A person responsible for the organisation or operation of a venue at which intoxicating liquor may be consumed must ensure that visitors present in the venue at 23.00 leave the venue at that time and that no visitors are thereafter admitted to the venue until 05.00.

(b)The requirement in subparagraph (a) shall not apply—

(i)in a guesthouse or hotel, in relation to a resident of the guesthouse or hotel, or

(ii)in a harbour terminal, airport or motorway service area.

(6) This regulation shall not apply to a place of worship when used as such.

(7) In this regulation—

(a)“drink” shall not include intoxicating liquor; and

F25(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

[F26Requirement in relation to social distancing.N.I.

4E.—(1) A person responsible for the organisation or operation of a relevant place (“the responsible person”) must take reasonable measures to ensure that his servants and agents, and visitors to such a place, comply with social distancing measures at all times.

(2) In this regulation “relevant place” means—

(a)a shop;

(b)an enclosed shopping centre, excluding any area in such a place which is open to the public and where seating or tables are made available for the consumption of food and drink: for these purposes premises are “enclosed” if they would be considered enclosed or substantially enclosed for the purposes of regulation 2 of the Smoke-free (Premises, Vehicle Operators and Penalty Notices) Regulations (Northern Ireland) 2007;

(c)a venue at which intoxicating liquor may be consumed.

(3) In this regulation “social distancing measures” means measures for the purpose of minimising the risk of exposure to, or spread of, coronavirus and which require a responsible person to take reasonable steps to ensure—

(a)that the responsible person’s servants and agents, and visitors to a relevant place, are provided with information on how to minimise the risk of exposure to and the spread of coronavirus;

(b)that the persons referred to in paragraph (a) maintain a distance of 2 metres from each other (unless members of the same or a linked household) by altering the layout of a relevant place including those parts to which visitors do not customarily have access, managing and controlling the use of points of access and egress, shared facilities (such as toilets) and managing and controlling the means of moving from one part of a relevant place to another;

(c)that persons waiting to enter a relevant place maintain a distance of 2 metres from each other (unless members of the same or a linked household);

(d)that a relevant place is regularly cleaned, hygiene is maintained and in particular points or places which are likely to be used frequently by servants, agents and visitors (such as entry barriers and gates and card terminals) are regularly sanitised.

(4) Where it is not reasonably practicable for a social distance of 2 metres to be maintained, social distancing measures require a relevant person to take reasonable steps to ensure that—

(a)any close face to face contact is limited between persons;

(b)barriers or screens are installed and maintained;

(c)personal protective equipment is used where appropriate and in such a case is made readily available.]

Textual Amendments

Restrictions on gatheringsN.I.

5.—(1) Subject to [F27paragraphs (2) to (7)], a person shall not [F28organise, operate or] participate in an indoor or outdoor gathering which consists of more than [F27fifteen] persons.

[F29(1A) A gathering referred to in regulation 5A (a gathering of 30 or more persons in public or private with or without amplified music) falls to be dealt with under that regulation, and not this regulation, despite the fact that such a gathering may otherwise fall within this regulation.]

(2) Paragraph (1) shall not apply to a gathering in a private dwelling [F30or to a funeral].

[F31(3) Paragraph (1) shall not apply to—

(a)a gathering which is organised or operated for cultural, entertainment, recreational, outdoor sports, social, community, educational, work, legal, religious or political purposes; or

(b)a sports event or activity in an indoor arena not capable of seating or facilitating 5,000 or more spectators,

and which fulfils the conditions in paragraph (4).]

(4) The conditions referred to in paragraph (3) are that the person responsible for organising or operating the gathering—

(a)has carried out a risk assessment which meets the requirements of the Management of Health and Safety at Work Regulations (Northern Ireland) 2000 M14, whether or not that person is subject to those Regulations; and

(b)takes all reasonable measures to limit the risk of transmission of the coronavirus, including implementing the preventive and protective measures identified in the risk assessment undertaken in accordance with sub-paragraph (a) and complying with any relevant guidance issued by a Northern Ireland Department.

[F32(4A) A person responsible for organising or operating a gathering referred to in subparagraph (3)(a) or (3)(b) must, if requested to do so by a relevant person, provide to that relevant person a copy of the risk assessment referred to in subparagraph (4)(a) and an account of the measures referred to in subparagraph (4)(b) as soon as reasonably practicable and in any event within twenty-four hours of the request.]

(5) Paragraph (1) shall not apply to a gathering which is not organised for a purpose mentioned in paragraph (3) but which arises for the purpose of enabling any person to avoid injury or illness or to escape a risk of harm, or to provide emergency or medical assistance to any person.

[F33(6) A person attending a funeral or responsible for organising or operating a funeral shall comply with the guidance on funerals issued by the Department of Health.

(7) Regulation 8 (offences and penalties) does not apply to a contravention of the requirement in paragraph (6).]

F34(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

[F35Restrictions on large gatheringsN.I.

5A.—(1) A person (“an organiser or operator”) shall not organise or operate or participate in—

(a)an indoor or outdoor gathering of more than thirty persons at a private dwelling;

(b)a private indoor or outdoor gathering of thirty or more persons (whether or not at a private dwelling) at which amplified music is played during the night with or without intermissions and which music is likely to cause serious distress to the inhabitants of the locality by reason of its loudness, duration and the time at which it is played.

(2) A person, not being an organiser or operator referred to in paragraph (1), shall not participate in a gathering referred to in that paragraph.

(3) In this regulation “amplified music” includes sounds wholly or predominantly characterised by the emission of a succession of repetitive beats.]

Textual Amendments

Restrictions on gatherings: private dwellingsN.I.

6.—(1) [F36Subject to paragraph (6) a person] shall not participate in an outdoor gathering in a private dwelling which consists of more than [F36fifteen] persons [F37(not including children aged 12 or under)].

(2) Subject to [F38paragraphs (3) to (6)], a person shall not participate in an indoor gathering in a private dwelling which consists of—

(a)more than [F39six] persons [F40(not including children aged 12 or under)]; and

(b)persons from more than [F39two] households.

[F41(2A) A gathering referred to in regulation 5A (a gathering of 30 or more persons in public or private with or without amplified music) falls to be dealt with under that regulation, and not this regulation, despite the fact that such a gathering may otherwise fall within this regulation.]

(3) Paragraph (2) is modified in its application to a gathering in a private dwelling which is occupied by one household (“A”) in any case where household A consists of more than [F42six] persons. In such a case, an indoor gathering of persons which consists of more than [F42six] persons from household A does not contravene the restriction in paragraph (2), subject to the condition that no person from any other household participates in that gathering.

(4) Paragraph (2) does not apply where the gathering is for the purpose of—

(a)the provision of care or assistance, including social services, to a vulnerable person;

(b)the provision of emergency or medical assistance to any person; or

(c)the fulfilment of a legal obligation.

[F43(5) (a) Paragraph (2) does not apply where the gathering is for the purpose of a marriage or a civil partnership where a party to the marriage or civil partnership is seriously ill and death in consequence of that illness can reasonably be expected within six months of the date of the ceremony;

F44(b)in a case referred to in subparagraph 5(a) an indoor gathering in a private dwelling may consist of up to ten persons including the participants and officiant;

(6) (a) Paragraphs (1) and (2) do not apply where the gathering is for the purpose of a funeral or an event associated with a funeral;

(b)in a case referred to in subparagraph 6(a) a person attending, or a person responsible for organising or operating, the funeral or event associated with a funeral shall comply with the guidance on funerals issued by the Department of Health;

(c)Regulation 8 (offences and penalties) does not apply to a contravention of the requirement in subparagraph (6)(b).]

[F45(7) (a) Schedule 2 shall have effect.

F46(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F44By The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 5) Regulations (Northern Ireland) 2020 (S.R. 2020/202), regs. 1(2), 3(5)(c) it is provided that (23.9.2020) in reg. 6(5)(b) the words “(not including children aged 12 or under)” are inserted after “more than six persons”

[F47Enforcement officers and premises improvement noticesN.I.

6A.—(1) “Enforcement officer” means a person designated by a district council for the purposes of these regulations.

(2) An enforcement officer may exercise the powers of a relevant person in relation to regulations 4A to 5.

(3) An enforcement officer may issue a notice (a “premises improvement notice”) to a person if the enforcement officer considers that—

(a)the person is not complying with any requirement or requirements imposed on the person by regulations 4A to 5, and

(b)the measures specified in the notice are necessary and proportionate in order to ensure that the person complies with the requirement or requirements.

(4) A premises improvement notice must—

(a)specify any premises to which it relates;

(b)specify the measures the enforcement officer requires a person to take in order to ensure that the person complies with any requirement or requirements of regulations 4A to 5; and

(c)specify a time limit within which the measures must be taken (which must not be less than 48 hours beginning with the time the notice is issued).

(5) An enforcement officer must issue a notice terminating a premises improvement notice if satisfied that—

(a)the measures specified in the premises improvement notice have been taken, or

(b)other measures have been taken to ensure that regulations 4A to 5 are complied with at the premises in question.

(6) A premises improvement notice ceases to have effect at the time notice of the termination is issued.

(7) (a) A premises improvement notice or a termination of a premises improvement notice is issued to a person by giving a copy of it in writing to that person.

(b)But where a person responsible for carrying on a business or service on the premises to which the notice or termination relates is not on the premises when it is to be issued, the notice or termination is to be treated as having been issued to that person—

(i)if a copy of it is given to any other person on the premises who appears to be involved in the business or service in question, or

(ii)if there is no such person on the premises when the notice is to be issued, a copy of the notice is placed in a conspicuous position on the premises.

(8) As soon as reasonably practicable after issuing a premises improvement notice, the enforcement officer must—

(a)display a copy of the notice, and a sign in the form set out in Schedule 3, in a prominent place near every entrance to the premises, and

(b)arrange for the notice to be published on the website of the district council for the local government district in which the premises are located.

(9) A notice or sign displayed under sub-paragraph (8)(a) must be at least A4 size.

(10) A person must not remove a notice or sign required to be displayed under sub-paragraph (8)(a) for as long as the notice has effect.]

Textual Amendments

Enforcement of requirementN.I.

7.—(1) A relevant person may take such action as is necessary to enforce any requirement imposed by regulation [F484 to 6A] [F49or schedule 2].

(2) A relevant person may give a prohibition notice to a person if the relevant person reasonably believes that—

(a)the person is contravening a requirement in regulation [F504 to 6] [F51or schedule 2], and

(b)it is necessary and proportionate to give the prohibition notice for the purpose of preventing that person from continuing to contravene the requirement.

(3) Where a relevant person considers that there is a gathering in contravention of regulation [F525 to 6] [F53or schedule 2], the relevant person may—

(a)direct the gathering to disperse;

(b)direct any person in the gathering to return to the place where they are living; or

(c)remove any person from the gathering.

(4) A relevant person exercising the power in paragraph (3) to remove a person from a gathering may use reasonable force, if necessary, in exercise of the power.

(5) Where a person who is in a gathering in contravention of regulation [F545 to 6] [F55or schedule 2] is a child accompanied by an individual who has responsibility for the child—

(a)the relevant person may direct that individual to take the child to the place where the child is living, and

(b)that individual must, so far as reasonably practicable, ensure that the child complies with any direction or instruction given by the relevant person to the child.

(6) Where a relevant person has reasonable grounds to believe that a child is repeatedly failing to comply with the restriction in regulation [F565 to 6], the relevant person may direct any individual who has responsibility for the child to secure, so far as reasonably practicable, that the child complies with that restriction.

(7) A relevant person may only exercise the power in paragraph (3), (4), (5) or (6) if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the restriction in regulation [F575 to 6].

(8) A relevant person exercising a power under paragraph (3), (5) or (6) may give the person concerned any reasonable instructions they consider to be necessary.

(9) For the purposes of this regulation—

(a)“child” means a person under the age of 18;

(b)an individual has responsibility for a child if the individual—

(i)has custody or charge of the child for the time being, or

(ii)has parental responsibility for the child (within the meaning of the Children (Northern Ireland) Order 1995 M15).

F58(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)references to a requirement include references to a restriction.

Textual Amendments

Marginal Citations

Offences and penaltiesN.I.

8.—(1) A person who, without reasonable excuse, contravenes a requirement in regulation [F594 to 6A] [F60or schedule 2] commits an offence.

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

(3) A person who, without reasonable excuse, contravenes a direction or fails to comply with a reasonable instruction [F61, or fails to comply with an improvement notice given by an enforcement officer under regulation 6A] or a prohibition notice given by a relevant person under regulation 7, commits an offence.

[F62(4) An offence—

(a)under regulation 4, 4A, 4B, 4C, 4D, 4E, 5A(1) and paragraphs 7 and 8 of Schedule 2, is punishable on summary conviction by a fine not exceeding £10,000;

(b)under any other provision referred to in this regulation, is punishable on summary conviction by a fine not exceeding level 5 on the standard scale.]

(5) Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 M16 applies in relation to an offence under this regulation as if the reasons in paragraph (5) of that Article included—

(a)to maintain public health;

(b)to maintain public order.

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

Textual Amendments

Marginal Citations

M16S.I. 1989/1341 (N.I. 12). Article 26 was substituted by Articles 1(2) and 15(1) (with Article 15(3)) of the Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007

Fixed Penalty NoticesN.I.

9.—(1) An authorised person may issue a fixed penalty notice to anyone that the authorised person reasonably believes—

(a)has committed an offence under these Regulations;

(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 the authority specified in the notice.

(3) The authority specified in the notice must be—

(a)in the case of a notice issued by a person designated in accordance with paragraph (12)(b), the district council in whose area the offence is alleged to have been committed, or

(b)in the case of a notice issued by a constable, the clerk of petty sessions.

(4) 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.

(5) 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 (4)(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;

(e)specify permissible methods of payment;

(f)inform the person to whom it is given of the right to ask to be tried for the offence.

[F63(6) The amount specified under paragraph (5)(c) must—

(a)in the case of an offence consisting of a breach of regulation 4, 4A, 4B, 4C, 4D, 4E, 5A(1) and paragraph 7 or 8 of Schedule 2—

(i)be £1,000 if a fixed penalty notice is the first one issued to a person in respect of such a breach;

(ii)be £2,000 if a fixed penalty notice is the second one issued to a person in respect of such a breach;

(iii)be £4,000 if a fixed penalty notice is the third one issued to a person in respect of such a breach;

(iv)be £10,000 if a fixed penalty notice is the fourth one, or any subsequent one, issued to a person in respect of such a breach;

(b)in the case of an offence referred to in regulation 8(2) or (3) which is committed in connection with a breach of a provision referred to in paragraph (a), be the same as that referred to in that paragraph;

(c)in the case of an offence consisting of a breach of any other provision (not being one referred to in paragraph (a)) imposed by these Regulations, be £200;

(d)in the case of an offence referred to in regulation 8(2) or (3) which is committed in connection with a breach of a provision referred to in paragraph (c), be the same as that referred to in that paragraph.

(7) A fixed penalty notice in respect of an offence referred to in paragraph (6)(c) or (d) must specify that if £100 is paid before the end of the period of 14 days following the date of the notice, that is the amount of the fixed penalty.

(7A) A person who has previously been issued with a fixed penalty notice in respect of a breach of a provision referred to in paragraph (6)(c) (“breach A”) or in respect of an offence committed in respect of breach A (see paragraph (6)(d)), shall not be issued with a fixed penalty notice in respect of any further breach of, or further offence committed in connection with, breach A.]

(8) Whatever other method may be specified under paragraph (5)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under paragraph (5)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

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

(10) In the case of a notice issued by a person designated in accordance with paragraph (12)(b), the payment received by a district council under this regulation accrues to that council.

(11) In any proceedings, a certificate—

(a)that purports to be signed by or on behalf of the authority specified in the notice, 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.

(12) In this regulation “authorised person” means—

(a)a constable;

(b)a person designated by the Department of Health for the purposes of this regulation.

Textual Amendments

Effect of fixed penalty noticeN.I.

10.—(1) This regulation applies if a fixed penalty notice is given to any person under regulation 9.

(2) If the person asks to be tried for the alleged offence, proceedings may be brought against the person.

(3) If by the end of the period mentioned in regulation 9(4)(a)—

(a)the penalty has not been paid, and

(b)the person has not made a request to be tried,

a sum equal to one and a half times the amount of the penalty (“the enhanced sum”) may be registered under regulation 12 for enforcement against the person as a fine.

[F64(4) Paragraph (3) does not apply to a fixed penalty under these Regulations of £1,000 or more.]

Textual Amendments

Registration certificatesN.I.

11.—(1) This regulation and regulation 12 apply where by virtue of regulation 10 the enhanced sum may be registered under regulation 12 for enforcement against any person as a fine.

(2) In this regulation and regulation 12—

(a)that sum is referred to as a “sum payable in default”, and

(b)the person against whom that sum may be so registered is referred to as the “defaulter”.

(3) The Chief Constable or a person designated by the Department of Health under regulation 9(12)(b)—

(a)may, in respect of any sum payable in default, issue a certificate (a “registration certificate”) stating that the sum is registrable under regulation 12 for enforcement against the defaulter as a fine; and

(b)must cause any certificate so issued to be sent to the clerk of petty sessions.

(4) The Chief Constable may authorise a person to carry out the functions of the Chief Constable under paragraph (3).

(5) A registration certificate must—

(a)give particulars of the offence to which the penalty notice relates; and

(b)state the name and last known address of the defaulter and the amount of the sum payable in default.

Registration of penaltyN.I.

12.—(1) Where the clerk of petty sessions receives a registration certificate in respect of any sum payable in default, the clerk must register that sum for enforcement as a fine by entering it in the Order Book of a court of summary jurisdiction.

(2) On registering any sum under this regulation for enforcement as a fine, the clerk of petty sessions must give to the defaulter notice of registration—

(a)specifying the amount of that sum and requiring payment of it by such date, not less than 28 days from the date of registration, as may be specified in the notice; and

(b)giving the information with respect to the offence included in the registration certificate by virtue of regulation 11(5)(a).

(3) On the registration of any sum in the Order Book of a court of summary jurisdiction by virtue of this regulation, any statutory provision referring (in whatever terms) to a fine imposed or a sum adjudged to be paid by a conviction of such court shall have effect in the case in question as if the sum so registered were a fine imposed by that court on the conviction of the defaulter on the date of the registration.

(4) The clerk of petty sessions must refer the case to a district judge (magistrates' courts) for the judge to consider whether to make a collection order under section 3 of the Justice Act (Northern Ireland) 2016 M17, and the order may be made without a court hearing.

(5) Where a collection order is made in that case, the date specified in the order as the date by which the sum due must be paid must, unless the court directs otherwise, be the same as the date specified in the notice of registration under paragraph (2)(a).

Marginal Citations

Challenge to noticeN.I.

13.—(1) This regulation applies where—

(a)a person who has received notice of the registration of a sum under regulation 12 for enforcement against that person as a fine makes a statutory declaration to the effect mentioned in paragraph (2), and

(b)that declaration is, within 21 days of the date on which the person making it received notice of the registration, served on the clerk of petty sessions.

(2) The statutory declaration must state—

(a)that the person making the declaration was not the person to whom the relevant fixed penalty notice was given, or

(b)that the person gave notice requesting to be tried in respect of the alleged offence as permitted by the fixed penalty notice before the end of the suspended enforcement period.

(3) In any case within paragraph (2)(a), the relevant fixed penalty notice, the registration and any proceedings taken before the declaration was served for enforcing payment of the sum registered shall be void.

(4) In any case within paragraph (2)(b)—

(a)the registration and any proceedings taken before the declaration was served for enforcing payment of the sum registered shall be void, and

(b)the case shall be treated after the declaration is served as if the person making the declaration had given notice requesting to be tried in respect of the alleged offence as stated in the declaration.

(5) References in this regulation to the relevant fixed penalty notice are to the fixed penalty notice relating to the penalty concerned.

(6) In any case within paragraph (2)(b), Article 19(1)(a) of the Magistrates' Courts (Northern Ireland) Order 1981 M18 (limitation of time) shall have effect as if for the reference to the time when the offence was committed there were substituted a reference to the date of the statutory declaration made for the purposes of paragraph (1).

(7) Paragraph (8) applies where, on the application of a person who has received notice of the registration of a sum under regulation 12 for enforcement against that person as a fine, it appears to a court of summary jurisdiction that it was not reasonable to expect that person to serve, within 21 days of the date on which that person received the notice, a statutory declaration to the effect mentioned in paragraph (2).

(8) The court may accept service of such a declaration by that person after that period has expired; and a statutory declaration so accepted shall be taken to have been served as required by paragraph (1).

(9) In this regulation references to proceedings for enforcing payment of the sum registered are references to any process issued or other proceedings taken for or in connection with enforcing payment of that sum (including the making of a collection order).

(10) For the purposes of this regulation, a person shall be taken to receive notice of the registration of a sum under regulation 12 for enforcement against that person as a fine when that person receives notice either of the registration as such or of any proceedings for enforcing payment of the sum registered.

(11) Nothing in this regulation is to be read as prejudicing any rights a person may otherwise have by virtue of the invalidity of any action purportedly taken under these Regulations which is not in fact authorised by these Regulations in the circumstances of the case.

(12) Accordingly, references in this regulation to the registration of any sum or to any other action taken under these Regulations are not to be read as implying that the registration or action was validly made or taken.

Marginal Citations

Setting aside of sum enforceable under regulation 12N.I.

14.—(1) A court of summary jurisdiction may, in the interests of justice, set aside a sum enforceable as a fine as a result of regulation 12.

(2) Where a court sets aside such a sum, it must give a direction that either—

(a)no further action is to be taken in respect of the alleged offence that gave rise to the fixed penalty notice concerned; or

(b)that the case is to be treated as if the person concerned had given notice requesting to be tried in respect of the offence.

(3) Where a court gives a direction under paragraph (2)(a), the fixed penalty notice concerned, the registration and any proceedings taken for enforcing payment of the sum registered shall be void.

(4) Where a court gives a direction under paragraph (2)(b)—

(a)the registration and any proceedings taken for enforcing payment of the sum registered shall be void; and

(b)Article 19(1)(a) of the Magistrates' Courts (Northern Ireland) Order 1981 (limitation of time) shall have effect as if for the reference to the time when the offence was committed there were substituted a reference to the date of the setting aside.

(5) In this regulation references to proceedings for enforcing payment of the sum registered are references to any process issued or other proceedings taken for or in connection with enforcing payment of that sum (including the making of a collection order).

ExpiryN.I.

15.—(1) These Regulations expire at the end of the period of six months beginning with the day on which they come into operation.

(2) This regulation does not affect the validity of anything done pursuant to these Regulations before they expire.

Sealed with the Official Seal of the Department of Health at 5.45 pm on 23rd July 2020

L.S.

Elizabeth Redmond

A senior officer of the

Department of Health