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

PART 3 N.I. Enforcement

Enforcement of requirement to self-isolate N.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

I1 Reg. 5 in operation at 8.6.2020, see reg. 1

Offences and penalties N.I.

6.—(1) A person who—

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

[F1 (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.

[F2 (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.

[F3 (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 M1 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

F1 Reg. 6(1)(aa) inserted (21.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Pre-Departure Testing and Operator Liability) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/10), regs. 1(2), 3(4)(a) (with reg. 4)

F2 Reg. 6(1A)(1B) inserted (21.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Pre-Departure Testing and Operator Liability) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/10), regs. 1(2), 3(4)(b) (with reg. 4)

F3 Reg. 6(3A) inserted (23.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (Amendment No. 5) Regulations (Northern Ireland) 2021 (S.R. 2021/13), regs. 1(1), 3(2)

Commencement Information

I2 Reg. 6 in operation at 8.6.2020, see reg. 1

Marginal Citations

M1 S.I. 1989/1341 (N.I. 12)

Fixed penalty notices N.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, [F4 £500],

(b) in the case of the second fixed penalty notice issued in respect of an information offence, [F5 £1,000],

(c) in the case of the third fixed penalty notice issued in respect of an information offence, [F6 £2,000],

[F7 (d) in the case of the fourth and subsequent fixed penalty notices issued in respect of an information offence, £4,000.]

F8 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9 (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.]

[F10 (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 [F11 or an offence described in regulation 6(1)(aa)], or

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

Textual Amendments

F4 Sum in reg. 7(6)(a) substituted (30.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Advice) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/17), regs. 1(1), 3(2)(a)(i)

F5 Sum in reg. 7(6)(b) substituted (30.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Advice) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/17), regs. 1(1), 3(2)(a)(ii)

F6 Sum in reg. 7(6)(c) substituted (30.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Advice) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/17), regs. 1(1), 3(2)(a)(iii)

F7 Reg. 7(6)(d) substituted (30.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Advice) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/17), regs. 1(1), 3(2)(a)(iv)

F8 Reg. 7(6)(e) omitted (30.1.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Advice) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/17), regs. 1(1), 3(2)(a)(v)

F9 Reg. 7(6A) inserted (21.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Pre-Departure Testing and Operator Liability) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/10), regs. 1(2), 3(5)(a) (with reg. 4)

F10 Reg. 7(6B) inserted (30.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Advice) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/17), regs. 1(1), 3(2)(b)

F11 Words in reg. 7(11)(b) inserted (21.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Pre-Departure Testing and Operator Liability) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/10), regs. 1(2), 3(5)(b) (with reg. 4)

Commencement Information

I3 Reg. 7 in operation at 8.6.2020, see reg. 1

Effect of fixed penalty notice N.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.

[F12 (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

F12 Reg. 8(3) inserted (14.12.2020) by The Health Protection (Coronavirus, International Travel) (Amendment No. 25) Regulations (Northern Ireland) 2020 (S.R. 2020/326), regs. 1(3), 5

Commencement Information

I4 Reg. 8 in operation at 8.6.2020, see reg. 1

[F13 Registration certificates N.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

F13 Regs. 8A-8D inserted (14.12.2020) by The Health Protection (Coronavirus, International Travel) (Amendment No. 25) Regulations (Northern Ireland) 2020 (S.R. 2020/326), regs. 1(3), 6

Registration of penalty N.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

F13 Regs. 8A-8D inserted (14.12.2020) by The Health Protection (Coronavirus, International Travel) (Amendment No. 25) Regulations (Northern Ireland) 2020 (S.R. 2020/326), regs. 1(3), 6

Challenge to notice N.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

F13 Regs. 8A-8D inserted (14.12.2020) by The Health Protection (Coronavirus, International Travel) (Amendment No. 25) Regulations (Northern Ireland) 2020 (S.R. 2020/326), regs. 1(3), 6

Setting aside of sum enforceable under regulation 8B N.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

F13 Regs. 8A-8D inserted (14.12.2020) by The Health Protection (Coronavirus, International Travel) (Amendment No. 25) Regulations (Northern Ireland) 2020 (S.R. 2020/326), regs. 1(3), 6