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

Fixed Penalty Notices N.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.

[F1 (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

F1 Reg. 9(6)-(7A) substituted for reg. 9(6)(7) (12.11.2020 at 5.30 p.m.) by The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 13) Regulations (Northern Ireland) 2020 (S.R. 2020/250), regs. 1(2), 2(8)