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

Enforcement of requirementN.I.

This section has no associated Explanatory Memorandum

7.—(1) A relevant person may take such action as is necessary to [F1establish whether a breach of these regulations has occurred or to] enforce any requirement imposed by [F2regulation 4 to 6C].

(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 [F3regulation 4 to 6C], 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.

[F4(2B) (a) Where the conditions in sub-paragraph (b) apply, a relevant person may direct a person P to return to the place where they normally live.

(b)The conditions are—

(i)that a relevant person considers that P is outside of the place where they normally live; and

(ii)that P is engaged in, or is intending to engage in, activity prohibited by Regulations 4 to 6C.]

(3) Where a relevant person considers that there is a gathering in contravention of regulation [F55 to 6] F6..., 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 [F75 to 6] F8... 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 [F95 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 [F10(2B),] (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 [F11regulation 5 to 6C].

(8) A relevant person exercising a power under paragraph [F12(2B),] (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 M1).

F13(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

Marginal Citations