Search Legislation

Advanced Search

The Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2020 (revoked)

Help about what version

What Version

Help about advanced features

Advanced Features

Status:

Point in time view as at 27/03/2021.

Changes to legislation:

There are currently no known outstanding effects for the The Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2020 (revoked). Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

PART 1N.I.General

Citation and commencementN.I.

1.  These Regulations may be cited as the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2020 and shall come into operation on 8th June 2020.

Commencement Information

I1Reg. 1 in operation at 8.6.2020, see reg. 1

InterpretationN.I.

2.—(1) In these Regulations—

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

“the common travel area” has the meaning given in section 1(3) of the Immigration Act 1971 M1;

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

“coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by coronavirus);

[F1“device” means an in vitro diagnostic medical device within the meaning given in regulation 2(1) of the Medical Devices Regulations 2002;]

[F2“exempt country or territory” means a country or territory [F3, or part of a country or territory,] specified in Schedule 3 and “non-exempt country or territory” means any other country or territory [F4, or part of a country or territory,] outside the common travel area;]

“immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 M2;

“passenger information” has the meaning given in regulation 3(2);

“Passenger Locator Form” means the form published electronically by the United Kingdom Government for the provision of passenger information M3

[F5“qualifying test” means a test that is a qualifying test for the purposes of regulation 3A;]

[F6“self-isolate” has the meaning given in regulation 4(2), and “self-isolation” and “self-isolating” are to be construed accordingly;]

[F7“sensitivity”, in relation to a device, means how often the device correctly generates a positive result;

“specificity”, in relation to a device, means how often the device correctly generates a negative result.]

[F8“specified competition” means a competition listed in Schedule 4.]

(2) For the purposes of these Regulations, 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 M4.

(3) In these Regulations any reference to infection or contamination is a reference to infection or contamination with coronavirus which presents or could present significant harm to human health.

[F9(4) For the purposes of these Regulations, a person (“P”) is not treated as arriving in, departing from or transiting through a country or territory [F10, or part of a country or territory, if, at all times whilst in that country, territory or part thereof]—

(a)P remains on a conveyance and no other passenger is permitted to be taken on board, or

(b)P is kept separated from passengers who did not arrive on the same conveyance.]

Textual Amendments

Commencement Information

I2Reg. 2 in operation at 8.6.2020, see reg. 1

Marginal Citations

M11971 c. 77. Section 1(3) provides that the United Kingdom, the Channel Islands, the Isle of Man, and the Republic of Ireland are collectively referred to as “the common travel area”

M21971 c. 77. Paragraph 1 was amended by paragraph 3 of Schedule 3 to the Health Protection Agency Act 2004 (c. 17), and by S.I. 1993/1813

M3The Passenger Locator Form is available on www.gov.uk. No hard copy version is available but, where a person arrives at a place staffed by Immigration Officers, they will be provided with the ability to complete the form electronically on their arrival in Northern Ireland if not completed in advance; assistance will be available for completion of the electronic form if required

PART 2N.I.Obligations on persons arriving in Northern Ireland and others

Requirement to provide informationN.I.

3.—(1) This regulation applies where a person (“P”)—

(a)arrives in Northern Ireland, and

(b)has been outside the common travel area at any time in the period beginning with the [F1110th day] before the date of their arrival in Northern Ireland.

(2) P must provide on the Passenger Locator Form, the information set out in Schedule 1 (“passenger information”) on their arrival.

(3) Paragraph (2) does not apply to a person who arrives in Northern Ireland from Scotland, Wales or England and who has completed the Passenger Locator Form pursuant to an enactment in Scotland, Wales or England, specifying an address in Northern Ireland where that person intends to self-isolate.

(4) A person who is travelling with a child for whom they have responsibility, must ensure that passenger information is provided in relation to that child on the Passenger Locator Form on their arrival in Northern Ireland.

(5) If a person described in paragraph (1) provides their passenger information, and any passenger information required by virtue of paragraph (4), on the Passenger Locator Form in the 48 hours before they are required to do so, then they are treated as having complied with those paragraphs (as applicable).

(6) A person who has provided passenger information in advance in accordance with paragraph (5) must provide evidence that they have done so if requested by an immigration officer.

(7) If passenger information changes or becomes available to a person required to self-isolate during that person's period of self-isolation, that person must, as soon as reasonably possible take all reasonable steps to complete the Passenger Locator Form, or a new Passenger Locator Form, as the case may be.

(8) Nothing in this regulation requires a person to provide any information if that information is not within their possession or control.

[F12(9) The following are not required to comply with this regulation—

(a)a person described in regulation 4(12),

(b)a person described in any of paragraphs 1 to 4 of Schedule 2,

(c)a person described in any of paragraphs 4A to 4F of Schedule 2 who meets the condition in paragraph 4G of that Schedule,

(d)a person described in paragraph 12 of Schedule 2.]

[F13(10) Paragraph (9) does not apply in relation to a person who has arrived in Northern Ireland from any country or territory listed in Schedule 5 or has, within the period beginning with the [F1410th day] before the date of their arrival in Northern Ireland, departed from or transited through any of those countries or territories.]

[F15(11) Paragraph (10) does not apply to a person described in paragraph 1(1) of Schedule 2.]

Textual Amendments

Commencement Information

I3Reg. 3 in operation at 8.6.2020, see reg. 1

[F16Requirement to possess notification of negative test resultN.I.

3A.—(1) A person who arrives in Northern Ireland having begun their journey outside the common travel area must, subject to paragraph (2), possess on arrival valid notification of a negative result from a qualifying test taken by that person.

(2) A person who is travelling with a child aged 11 or over and for whom they have responsibility must on their arrival in Northern Ireland, in the case of a person described in paragraph (1), possess valid notification of a negative result from a qualifying test taken by that child.

(3) A person who possesses valid notification of a negative result from a qualifying test must produce that notification physically or digitally, if required to do so by an immigration officer.

(4) The following persons are not required to comply with this regulation—

(a)a child who is under the age of 11,

(b)a person described in paragraph 2, 3, 4, 4B, 4D, 4E, 4F, 6, 11, 12 or 29 of Schedule 2,

(c)a person described in any sub-paragraph of paragraph 3(1) of Schedule 2A.

(5) For the purposes of this regulation—

(a)a test is a qualifying test if it complies with paragraph 1 of Schedule 2A,

(b)a notification of a negative result is valid if it includes the information specified in paragraph 2 of Schedule 2A,

(c)a child is to be treated as possessing valid notification of a negative result from a qualifying test taken by that child even if that notification is possessed by a person who is travelling with, and has responsibility for, that child.]

Textual Amendments

Requirement to self-isolateN.I.

4.—(1) This regulation applies where a person (“P”)—

(a)arrives in Northern Ireland, and

(b)has [F17departed from or transited through a non-exempt country or territory] at any time in the period beginning with the [F1810th day] before the date of their arrival in Northern Ireland.

[F19(1A) This regulation also applies where a person (“P”) is residing at an address at which another person (D) is residing, where D is required to self-isolate under these Regulations because D has arrived in Northern Ireland from any country or territory listed in Schedule 5 or has, within the period beginning with the [F2010th day] before the date of D’s arrival in Northern Ireland, departed from or transited through any of those countries or territories.]

(2) P must remain in isolation from others (“self-isolate”) in accordance with this regulation.

(3) P must self-isolate—

(a)unless sub-paragraph (b) [F21,(c) or (d)] apply—

(i)in the case of a person to whom regulation 3 applies, at the address specified in P's Passenger Locator Form as the intended place of self-isolation, as required by regulation 3 and paragraph 2(a) of Schedule 1,

(ii)in the case of a person described in paragraph 1 of Schedule 2 (other than one described in paragraph (12)(a)(i)), at a place at which they intend to self-isolate while in Northern Ireland,

(iii)where it is not possible for P to self-isolate in accordance with sub-paragraph (i) or (ii), in accommodation facilitated by the United Kingdom Government for the purposes of P's self-isolation,

(b)where P is an asylum seeker, in accommodation provided or arranged under section 4, 95 or 98 of the Immigration and Asylum Act 1999 M5, or

(c)where P is a person described in paragraph 9(1) of Schedule 10 to the Immigration Act 2016 M6 (powers of Secretary of State to enable person to meet bail conditions), in accommodation provided or arranged under that paragraph.

F22(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F23(d)where P is a person described in paragraph (1A), at the address referred to in that paragraph.]

(4) The address specified by P in the Passenger Locator Form as the intended place of self-isolation must be—

(a)their home,

(b)the home of a friend or family member, or

(c)a hotel, hostel, bed and breakfast accommodation, or other suitable place.

(5) More than one address may be specified in the Passenger Locator Form where—

(a)a legal obligation requires P to change addresses, or

(b)it is necessary for P to stay overnight at an address on their arrival in Northern Ireland before travelling directly to another address at which they will be self-isolating.

(6) In paragraph (3)(a)(ii) “a place at which they intend to self-isolate while in Northern Ireland” means—

(a)where the person has completed the Passenger Locator Form, at an intended place of self-isolation specified in that form,

(b)where the person has completed the Passenger Locator Form pursuant to an enactment in England, Scotland or Wales, at an intended place of self-isolation specified in that form,

(c)in any other case at a place described in paragraph (4)(a) to [F24(d)].

(7) F25... [F26Where P is a person described in paragraph (1),] P must, on their arrival in Northern Ireland, travel directly to the place at which they are to self-isolate, and must then self-isolate until whichever is the earlier of—

(a)the end of the [F2710th day] after the day on which they arrive in the common travel area, or

(b)their departure from Northern Ireland.

F28(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F29(7A) Where P is a person described in paragraph (1A) (residing with another person “D”), P must self-isolate until the end of the period during which, according to paragraph (7), D is required to self-isolate.]

(8) Paragraph (2) does not require P to remain in isolation—

(a)from any person with whom they were travelling when they arrived in Northern Ireland and who is also self-isolating in the place where P is self-isolating,

(b)where P is self-isolating in their home, from any member of their household,

(c)where P is self-isolating in the home of a friend or family member, from any member of the household of that friend or family member.

[F30(8A) Paragraph (2) does not require P to remain in isolation from a person (“V”) when V is at the place where P is self-isolating—

(a)to provide emergency assistance,

(b)to provide care or assistance, including personal care within the meaning of paragraph 1(1B) or 7(3B) of Schedule 2 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007, to P or to any other person who is living in the place where P is self-isolating,

(c)to provide medical assistance including to provide any of the services mentioned in paragraph (9)(b), to P or to any other person who is living in the place where P is self-isolating, where this is required urgently or on the advice of a registered medical practitioner,

(d)to provide veterinary services, where this is required urgently or on the advice of a veterinary surgeon,

(e)to provide critical public services, including those mentioned in paragraph (9)(h).]

(9) During the period of their self-isolation, P may not leave, or be outside of, the place where P is self-isolating except—

(a)to travel in order to leave Northern Ireland, provided that they do so directly,

(b)to seek medical assistance, where this is required urgently or on the advice of a registered medical practitioner, including to access [F31services from dentists, opticians, audiologists, chiropodists, chiropractors, osteopaths and other medical or health practitioners, including services relating to mental health],

[F32(ba)to access veterinary services where this is required urgently or on the advice of a veterinary surgeon,]

(c)to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings,

(d)to avoid injury or illness or to escape a risk of harm,

(e)on compassionate grounds including to attend a funeral of—

(i)a member of P's household,

(ii)a close family member, or

(iii)if no-one within sub-paragraphs (i) or (ii) are attending, a friend,

(f)to move to a different place for self-isolation specified on a Passenger Locator Form completed by P,

(g)in exceptional circumstances such as—

(i)to obtain basic necessities such as food and medical supplies for those in the same household (including any pets or animals in the household) where it is not possible to obtain these provisions in any other manner,

(ii)to move to a different place for self-isolation where it becomes impracticable to remain at the address at which they are self-isolating,

(h)to access critical public services, including—

(i)social services,

(ii)services provided to victims (such as victims of crime),

(i)in the case of a minister of religion or worship leader, to go to their place of worship alone provided they will be there alone,

[F33(j)to take exercise alone or with members of P’s household, or]

(k)to visit a burial ground to pay respects to a member of the person's household, family member or friend provided they are doing so alone.

(10) For the purposes of this regulation, the place referred to in paragraph (3) includes the premises where P is self-isolating together with any garden, yard, passage, stair, garage, outhouse, or other appurtenance of such premises.

(11) If P is a child, any person who has custody or charge of P during P's period of self-isolation must ensure, so far as reasonably practicable, that P self-isolates in accordance with this regulation.

(12) [F34Subject to paragraph (13), if] P is a person described—

(a)in paragraph 1(1) of Schedule 2—

(i)where P is a person described in paragraph 1(1)(a) to (k) of, and meets the conditions set out in paragraph 1(2) of, that Schedule, P is not required to comply with this regulation,

(ii)in any other case, paragraph (3)(b) and (c) does not apply to P,

F35(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F38(ca)in paragraph 39 of [F39Schedule 2, P satisfies the requirements of paragraph (2) if P complies with the relevant conditions specified in paragraph 39(4) of Schedule 2,]]

F40(cb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F41(cc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42(cd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F43(d)in paragraph 4, 4B, 4C, 4D, 4E, 6, 11, 14, 15, 16 or 22 of Schedule 2 and is—

(i)ordinarily resident in the United Kingdom, P is not required to comply with this regulation,

(ii)not ordinarily resident in the United Kingdom, P is not required to comply with this regulation while undertaking the work or activity described in the relevant paragraph of that Schedule,

(e)in paragraph 17, 17A, 18, 19, 20, 21, 23, 24, 26, 27, 29, 31, 32, 33, 34, 35, 36, 36A [F44or 40] or 46 of Schedule 2, P is not required to comply with this regulation while undertaking the work or activity described in the relevant paragraph of that Schedule,

(f)in any other paragraph of Schedule 2, P is not required to comply with this regulation.]

[F45(13) Paragraph (12) does not apply in relation to a person (“D”) who has, at any time in the period beginning with the [F4610th day] before the date of their arrival in Northern Ireland, departed from or transited through any country or territory listed in Schedule 5.]

Textual Amendments

Commencement Information

I4Reg. 4 in operation at 8.6.2020, see reg. 1

Marginal Citations

M51999 c. 33. Section 4 was amended by section 49 of the Nationality, Immigration and Asylum Act 2002 (c. 41), by section 10(1) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), by section 43(7) of the Immigration, Asylum and Nationality Act 2006 (c. 13), and by paragraph 1 of Schedule 11 to the Immigration Act 2016 (c. 19). Section 95 was amended by section 50(1) of the Nationality, Immigration and Asylum Act 2002 and by paragraph 29 of Schedule 10 to the Immigration Act 2016

M6The Immigration Act (c. 19)

[F47PART 2AN.I.Prohibition on the arrival of aircraft and vessels into Northern Ireland

Textual Amendments

Interpretation of Part 2AN.I.

4A.—(1) In this Part—

“operator” means—

(a)

in relation to a commercially operated aircraft or vessel, the person who has management control over the aircraft or vessel when it arrives in Northern Ireland;

(b)

in relation to any other aircraft or vessel, the person who has physical control over the aircraft or vessel when it arrives in Northern Ireland;

“passenger” means a person carried in or on an aircraft or vessel other than a member of the aircraft or vessel’s crew;

“port” has the same meaning as in the Merchant Shipping Act 1995.

(2) In the definition of “operator” in paragraph (1) “arrives” means—

(a)in relation to an aircraft, lands;

(b)in relation to a vessel, moors at a port.

Prohibition on arrival of aircraft into Northern IrelandN.I.

4B.—(1) Subject to paragraph (2), this regulation applies in relation to an aircraft whose last point of departure was in a country or territory listed in paragraph 1 of Schedule 6 (“a relevant aircraft”).

(2) This regulation does not apply in relation to—

(a)a commercially operated aircraft carrying no passengers;

(b)an aircraft operated by or in support of Her Majesty’s Government in the United Kingdom;

[F48(c)[F49an aircraft] operated by or in support of a foreign country or territory where, prior to its arrival in Northern Ireland, a United Kingdom Government Department has provided written confirmation to the operator that the aircraft is carrying passengers who are travelling to conduct official business with the United Kingdom].

(3) An operator must not cause or permit a relevant aircraft to land in Northern Ireland unless—

(a)landing in Northern Ireland is reasonably necessary to secure the safety of the aircraft or the health and safety of any person aboard it;

(b)the landing is only for the purpose of refuelling, or aircraft maintenance, and no passengers are permitted to board, or disembark from, the aircraft; or

(c)the aircraft is an air ambulance and landing for the purpose of transporting a person for medical treatment.

Textual Amendments

Prohibition on arrival of vessels into Northern IrelandN.I.

4C.—(1) Subject to paragraph (2), this regulation applies in relation to a vessel whose last point of departure was a port in a country or territory listed in paragraph 2 of Schedule 6 (“a relevant vessel”).

(2) This regulation does not apply in relation to—

(a)a commercially operated vessel carrying no passengers;

(b)a vessel operated by or in support of Her Majesty’s Government in the United Kingdom;

[F50(c)a vessel operated by or in support of a foreign country or territory where, prior to its arrival in Northern Ireland, a United Kingdom Government Department has provided written confirmation to the operator that the vessel is carrying passengers who are travelling to conduct official business with the United Kingdom].

(3) An operator must not cause or permit a relevant vessel to moor at a port in Northern Ireland unless mooring at a port in Northern Ireland—

(a)is reasonably necessary to secure the safety of the vessel or the health and safety of any person aboard it; or

(b)is otherwise required pursuant to a direction issued under Schedule 3A to the Merchant Shipping Act 1995.]

Textual Amendments

PART 3N.I.Enforcement

Enforcement of requirement to self-isolateN.I.

5.—(1) Where an authorised person has reasonable grounds to believe that a person (“P”) has left or is outside of the place where they are self-isolating in contravention of regulation 4, the authorised person may—

(a)direct P to return to the place where they are self-isolating,

(b)remove P to the place where they are self-isolating,

(c)where it is not practicable or appropriate in the circumstances to take the action in sub-paragraph (a) or (b), remove P to accommodation facilitated by the United Kingdom Government for the purposes of their self-isolation.

(2) Paragraph (1)(b) to (c) does not apply where P is a person described in paragraph 1 of Schedule 2.

(3) An authorised person exercising the power in paragraph (1)(b) or (c) may use reasonable force, if necessary, in the exercise of the power.

(4) Where P is a child, and has left or is outside of the place where they are self-isolating and accompanied by an individual who has responsibility for them—

(a)an authorised person may direct that individual to take P to the place where P is self-isolating, and

(b)that individual must, so far as reasonably practicable, ensure that P complies with any direction given by an authorised person to P.

(5) Where P is a child, and an authorised person has reasonable grounds to believe that P is repeatedly failing to comply with regulation 4, the authorised person may direct any individual who has responsibility for P to ensure, so far as reasonably practicable, that P so complies.

(6) An authorised person may only exercise a power in paragraph (1), (4) or (5) if the authorised person considers that it is a necessary and proportionate means of ensuring compliance with regulation 4.

(7) For the purposes of this regulation, “authorised person” means—

(a)a constable, or

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

Commencement Information

I5Reg. 5 in operation at 8.6.2020, see reg. 1

Offences and penaltiesN.I.

6.—(1) A person who—

(a)without reasonable excuse contravenes a requirement in regulation 3,

[F51(aa)without reasonable excuse contravenes a requirement in regulation 3A,]

(b)contravenes a requirement in regulation 4, or

(c)without reasonable excuse contravenes a requirement imposed under regulation 5,

commits an offence.

[F52(1A) But a person does not commit an offence where they contravene a requirement in regulation 3A, if they reasonably believed at the time of the contravention that the notification of a negative result was valid and from a qualifying test.

(1B) For the purposes of paragraph (1)(aa), reasonable excuses include, in particular, where—

(a)a person was medically unfit to provide a sample for a qualifying test and possessed a document, in English or accompanied by a certified English translation, signed by a medical practitioner entitled to practise in the country or territory in which that practitioner was based, to that effect,

(b)it was not reasonably practicable for a person to obtain a qualifying test due to a disability,

(c)a person required medical treatment with such urgency that obtaining a qualifying test was not reasonably practicable,

(d)a person contracted coronavirus and required emergency medical treatment,

(e)a person was accompanying, in order to provide support whether medical or otherwise, a person described in sub-paragraph (c) or (d) where it was not reasonably practicable for the accompanying person to obtain a qualifying test,

(f)a person began their journey to Northern Ireland in a country or territory in which a qualifying test was not available to the public with or without payment or in which it was not reasonably practicable for a person to obtain a qualifying test due to a lack of reasonable access to a qualifying test or testing facility and it was not reasonably practicable for them to obtain a qualifying test in their last point of departure if this was different to where they began their journey,

(g)the time it has taken a person to travel from the country or territory where they began their journey to the country or territory of their last point of departure prior to arriving in Northern Ireland meant that it was not reasonably practicable for them to meet the requirement in paragraph 1(c) of Schedule 2A, and it was not reasonably practicable for them to obtain a qualifying test in their last point of departure.]

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

(3) A person who intentionally or recklessly provides false or misleading passenger information commits an offence.

[F53(3A) An operator (within the meaning given in regulation 4A) who contravenes regulation 4B(3) or 4C(3) commits an offence.]

(4) An offence under these Regulations 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 M7 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.

Textual Amendments

Commencement Information

I6Reg. 6 in operation at 8.6.2020, see reg. 1

Marginal Citations

Fixed penalty noticesN.I.

7.—(1) An authorised person may issue a fixed penalty notice to anyone that the authorised person has reasonable grounds to believe—

(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 clerk of petty sessions.

(3) 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.

(4) 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 (3)(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; and

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

(5) Where the fixed penalty notice is issued in respect of an offence described in regulation 6(1)(b) or (c), or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to regulation 4 or 5, then the amount specified under paragraph (4)(c) must be £1,000.

(6) Where the fixed penalty notice is issued in respect of an offence described in regulation 6(1)(a) or (3), or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to regulation 3 (“an information offence”), then the amount specified under paragraph (4)(c) must, subject to paragraph (7), be—

(a)in the case of the first fixed penalty notice issued in respect of an information offence, [F54£500],

(b)in the case of the second fixed penalty notice issued in respect of an information offence, [F55£1,000],

(c)in the case of the third fixed penalty notice issued in respect of an information offence, [F56£2,000],

[F57(d)in the case of the fourth and subsequent fixed penalty notices issued in respect of an information offence, £4,000.]

F58(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F59(6A) Where the fixed penalty notice is issued to a person in respect of an offence described in regulation 6(1)(aa), or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to regulation 3A, then the amount specified under paragraph (4)(c) must be—

(a)in the case of the first fixed penalty notice, £500,

(b)in the case of the second fixed penalty notice, £1,000,

(c)in the case of the third fixed penalty notice, £2,000,

(d)in the case of the fourth and subsequent fixed penalty notice, £4,000.]

[F60(6B) In determining how many fixed penalty notices a person (“P”) has received in respect of an information offence for the purposes of paragraph (6), no account is to be taken of any such fixed penalty notice issued to P before 4.00 a.m. on 30th January 2021.]

(7) A first fixed penalty notice issued in respect of an information offence must specify that if £30 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.

(8) Whatever other method may be specified under paragraph (4)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under paragraph (4)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

(9) Where a letter is sent as described 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 any proceedings, a certificate that—

(a)purports to be signed by or on behalf of the clerk of petty sessions, 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.

(11) In this regulation, “authorised person” means—

(a)a constable,

(b)an immigration officer, but only in relation to the issue of a fixed penalty notice in respect of an information offence [F61or an offence described in regulation 6(1)(aa)], or

(c)a person designated by the Department of Health.

Textual Amendments

Commencement Information

I7Reg. 7 in operation at 8.6.2020, see reg. 1

Effect of fixed penalty noticeN.I.

8.—(1) This regulation applies if a fixed penalty notice is given to any person under regulation 7.

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

[F62(3) If by the end of the period mentioned in regulation 7(3)(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 8B for enforcement against the person as a fine.]

Textual Amendments

Commencement Information

I8Reg. 8 in operation at 8.6.2020, see reg. 1

[F63Registration certificatesN.I.

8A.—(1) This regulation and regulation 8B apply where by virtue of regulation 8 the enhanced sum may be registered under regulation 8B for enforcement against any person as a fine.

(2) In this regulation and regulation 8B—

(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, an immigration officer, or a person designated by the Department of Health under regulation 7(11)(c)—

(a)may, in respect of any sum payable in default, issue a certificate (a “registration certificate”) stating that the sum is registrable under regulation 8B 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.

Textual Amendments

Registration of penaltyN.I.

8B.—(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 8A(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, 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).

Textual Amendments

Challenge to noticeN.I.

8C.—(1) This regulation applies where—

(a)a person who has received notice of the registration of a sum under regulation 8B 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 (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 8B 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 8B 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.

Textual Amendments

Setting aside of sum enforceable under regulation 8BN.I.

8D.—(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 8B.

(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).]

Textual Amendments

PART 4N.I.Information sharing

Power to use and disclose informationN.I.

9.—(1) This regulation applies to a person (“P”) who holds information described in paragraph (2) (“relevant information”), including where P holds that information as a result of disclosure made in accordance with paragraph (4).

(2) The information referred to in paragraph (1) is—

(a)Information provided on the Passenger Locator Form, or

(b)DA information received for a purpose described in paragraph (4)(a)(i).

(3) P may only use relevant information where it is necessary—

(a)for the purpose of carrying out a function under these Regulations,

(b)for the purpose of—

(i)preventing danger to public health as a result of the spread of infection or contamination with coronavirus or coronavirus disease,

(ii)monitoring the spread of infection or contamination with coronavirus or coronavirus disease, or

(iii)giving effect to any international agreement or arrangement relating to the spread of infection or contamination with coronavirus or coronavirus disease.

(c)for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a) or (b).

(4) Subject to paragraph (6), P may only disclose relevant information to another person (the “recipient”) where it is necessary for the recipient to have the information —

(a)for the purpose of carrying out a function of the recipient under—

(i)these Regulations, or

(ii)an enactment which, in England, Scotland, or Wales, has the effect of requiring the isolation or quarantine of persons who have been outside the common travel area, for any of the purposes described in sub-paragraph (b),

(b)for the purpose of—

(i)preventing danger to public health as a result of the spread of infection or contamination with coronavirus or coronavirus disease,

(ii)monitoring the spread of infection or contamination with coronavirus or coronavirus disease, or

(iii)giving effect to any international agreement or arrangement relating to the spread of infection or contamination with coronavirus or coronavirus disease, or

(c)for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a) or (b).

(5) Subject to paragraph (7), disclosure which is authorised by this regulation does not breach—

(a)an obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(6) This regulation does not limit the circumstances in which information may otherwise lawfully be disclosed under any other enactment or rule of law.

(7) Nothing in this regulation authorises the use or disclosure of personal data where doing so contravenes the data protection legislation.

(8) For the purposes of this regulation—

(a)“data protection legislation” and “personal data” have the same meanings as in section 3 of the Data Protection Act 2018 M8,

(b)“DA information” means information provided in accordance with, or as described in, an enactment which, in England, Scotland or Wales, has the effect of requiring the isolation or quarantine of persons who have been outside the common travel area, for any of the purposes described in paragraph (3)(b).

Commencement Information

I9Reg. 9 in operation at 8.6.2020, see reg. 1

Marginal Citations

Self-incriminationN.I.

10.—(1) Information provided by a person in accordance with, or as described in, regulation 3 may be used in evidence against the person, subject to paragraphs (2) to (4).

(2) In criminal proceedings against the person—

(a)no evidence relating to the information may be adduced by or on behalf of the prosecution, and

(b)no question relating to the information may be asked by or on behalf of the prosecution.

(3) Paragraph (2) does not apply if the proceedings are for—

(a)an offence under these Regulations, F64...

(b)an offence under Article 10 the Perjury (Northern Ireland) Order 1979 M9 (false statements made otherwise than on oath),

[F65(c)an offence under section 1 of the Fraud Act 2006].

(4) Paragraph (2) does not apply if, in the proceedings—

(a)evidence relating to the information is adduced by or on behalf of the person who provided it, or

(b)a question relating to the information is asked by or on behalf of that person.

Textual Amendments

Commencement Information

I10Reg. 10 in operation at 8.6.2020, see reg. 1

Marginal Citations

PART 5N.I.Review and expiry of regulations

Review of need for restrictionsN.I.

[F6611.—(1) The Department of Health must review the need for the requirements imposed by these Regulations at least once every 28 days, with the first review being carried out by 7 September 2020.

(2) Any amendment to these Regulations will be considered to be a review for the purposes of this regulation.]

Textual Amendments

Expiry of these RegulationsN.I.

12.—(1) These Regulations expire at the end of the period of 12 months beginning with the day on which they come into force.

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

Commencement Information

I11Reg. 12 in operation at 8.6.2020, see reg. 1

Sealed with the Official Seal of the Department of Health on 5th June 2020

L.S.

Dr Michael McBride

A senior officer of the

Department of Health

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources