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Enforcement of requirementN.I.

7.—(1) A relevant person may take such action as is necessary to enforce any requirement imposed by [F1regulation 3, 4, 6, [F26A]].

[F3(1A) A relevant person may take such action as is necessary to enforce any requirement imposed by regulation 6B and may, in particular—

(a)prevent a person who is not wearing a face covering, in contravention of the requirement in regulation 6B, from boarding the relevant vehicle;

(b)direct a person who is not wearing a face covering, in contravention of the requirement in regulation 6B, to wear such a covering;

(c)direct a person who is not wearing a face covering, in contravention of the requirement in regulation 6B, to disembark from the relevant vehicle; or

(d)remove a person who does not comply with a direction in sub-paragraph (b) or (c) from the relevant vehicle.]

(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 3 or 4, 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 a person is outside the place where they are living in contravention of regulation 5(1), the relevant person may—

(a)direct that person to return to the place where they are living, or

(b)remove that person to the place where they are living.

(4) A relevant person exercising the power in [F4paragraph (1A)(d) or 3(b)], may use reasonable force, if necessary, in the exercise of the power.

(5) Where the person outside the place where they are living without reasonable excuse 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 [F5the 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 5(1) [F6or the requirement in regulation 6B], 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 [F7that restriction or that requirement].

(7) For the purposes of this regulation, an individual has responsibility for a child if the individual—

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

(b)has parental responsibility for the child (within the meaning of the Children (Northern Ireland) Order 1995) M1.

(8) A relevant person may only exercise the power in [F8paragraph (1A), (3)], (5) or (6) if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the requirement.

(9) [F9Where a relevant person considers that there is a gathering in contravention of regulation 6], 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;

(c)remove any person in the gathering to the place where they are living.

[F10(9A) [F11Where a relevant person considers that there is a gathering in contravention of regulation 6A,] 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;

(c)remove any person in the gathering to the place where they are living.

F12(9B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F13(10) A relevant person exercising the [F14power in paragraph (9)(c) [F15or (9A)(c)]] to remove a person in a gathering to a place where they are living may use reasonable force, if necessary, in exercise of the power.]

[F16(10A) Where a person who is in a gathering in [F17contravention of regulations 6 [F18or 6A]] 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.

(10B) Where a relevant person has reasonable grounds to believe that a child is repeatedly failing to comply with the [F19restriction in regulations 6, 6A or 6B], 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.

(10C) A relevant person may only exercise the [F20power in paragraph (9), (9A), F21... (10A) or (10B)] if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the [F20restriction in regulations 6, 6A or 6B].]

(11) A relevant person exercising a [F22power under paragraph (3), (5), (6), (9), (9A), F23... (10A) or (10B)] may give the person concerned any reasonable instructions they consider to be necessary.

(12) For the purposes of this regulation—

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

(b)a “relevant person” means—

(i)a constable, or

(ii)a person designated by the Department of Health for the purposes of this regulation;

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

Textual Amendments

F1Words in reg. 7(1) substituted (5.6.2020 at 11.00 p.m. for specified purposes, 7.6.2020 at 11.00 p.m. in so far as not already in force) by The Health Protection (Coronavirus, Restrictions) (Amendment No. 5) Regulations (Northern Ireland) 2020 (S.R. 2020/96), regs. 1(2)(3), 2(6)(a) (with reg. 3)

F10Reg. 7(9A)(9B) inserted (5.6.2020 at 11.00 p.m. for specified purposes, 7.6.2020 at 11.00 p.m. in so far as not already in force) by The Health Protection (Coronavirus, Restrictions) (Amendment No. 5) Regulations (Northern Ireland) 2020 (S.R. 2020/96), regs. 1(2)(3), 2(6)(b) (with reg. 3)

F14Words in reg. 7(10) substituted (5.6.2020 at 11.00 p.m. for specified purposes, 7.6.2020 at 11.00 p.m. in so far as not already in force) by The Health Protection (Coronavirus, Restrictions) (Amendment No. 5) Regulations (Northern Ireland) 2020 (S.R. 2020/96), regs. 1(2)(3), 2(6)(c) (with reg. 3)

F17Words in reg. 7(10A) substituted (5.6.2020 at 11.00 p.m. for specified purposes, 7.6.2020 at 11.00 p.m. in so far as not already in force) by The Health Protection (Coronavirus, Restrictions) (Amendment No. 5) Regulations (Northern Ireland) 2020 (S.R. 2020/96), regs. 1(2)(3), 2(6)(d) (with reg. 3)

F19Words in reg. 7(10B) substituted (5.6.2020 at 11.00 p.m. for specified purposes, 7.6.2020 at 11.00 p.m. in so far as not already in force) by The Health Protection (Coronavirus, Restrictions) (Amendment No. 5) Regulations (Northern Ireland) 2020 (S.R. 2020/96), regs. 1(2)(3), 2(6)(e) (with reg. 3)

F20Words in reg. 7(10C) substituted (5.6.2020 at 11.00 p.m. for specified purposes, 7.6.2020 at 11.00 p.m. in so far as not already in force) by The Health Protection (Coronavirus, Restrictions) (Amendment No. 5) Regulations (Northern Ireland) 2020 (S.R. 2020/96), regs. 1(2)(3), 2(6)(f) (with reg. 3)

F22Words in reg. 7(11) substituted (5.6.2020 at 11.00 p.m. for specified purposes, 7.6.2020 at 11.00 p.m. in so far as not already in force) by The Health Protection (Coronavirus, Restrictions) (Amendment No. 5) Regulations (Northern Ireland) 2020 (S.R. 2020/96), regs. 1(2)(3), 2(6)(g) (with reg. 3)

Commencement Information

I1Reg. 7 in operation at 28.3.2020, see reg. 1(1)

Marginal Citations