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
F1Reg. 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)
F2Reg. 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)
F3Reg. 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
I1Reg. 6 in operation at 8.6.2020, see reg. 1
Marginal Citations