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The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 4) Regulations (Northern Ireland) 2021
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- Northern Ireland Statutory Rules
- 2021 No. 225
- Regulation 6
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Changes over time for: Section 6
Version Superseded: 18/03/2022
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- 02/08/2021- Amendment
- 02/08/2021
Point in time - 18/03/2022- Amendment
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Workforce tests: offencesN.I.
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6.—(1) In regulation 23 of the principal Regulations, after paragraph (1)(c) insert—
“(ca)without reasonable excuse contravenes a requirement in regulation 9A,
(cb)without reasonable excuse contravenes a requirement in paragraph 3 of Schedule 6A,
(cc)without reasonable excuse contravenes a requirement in schedule 6A, other than paragraph 3,”.
(2) After regulation 25 of the principal Regulations insert—
“Reasonable excuses: contravention of regulation 9A
25A. For the purposes of regulation 23(1)(ca), reasonable excuses for contravening regulation 9A include, in particular, where—
(a)it was not reasonably practicable for a person to undertake a test due to a disability,
(b)a person required medical treatment with such urgency that undertaking a test was not reasonably practicable,
(c)a test was cancelled for reasons beyond a person’s control,
(d)a person has left Northern Ireland,
(e)a person is employed as air crew and is undertaking a rest period for a continuous, uninterrupted and defined period of time, following duty or prior to duty, during which the person is free of all duties, standby or reserve (and for these purposes, “duties” “standby” and “reserve” have the meanings given in paragraph ORO.FTL.105 of Commission Regulation (EU) No. 965/2012).”.
(3) In regulation 27 of the principal Regulations—
(a)in paragraph (5) for “regulation 23(1)(d).” substitute—
“(a)regulation 23(1)(cc), or
(b)regulation 23(1)(d).”,
(b)at the end insert—
“(16) Where the fixed penalty notice is issued in respect of a workforce test offence then the amount specified must be—
(a)in the case of the first fixed penalty notice, £1,000,
(b)in the case of the second fixed penalty notice, £2,000,
(c)in the case of the third and subsequent fixed penalty notices, £3,000.
(17) For the purposes of this regulation a workforce test offence means an offence described in regulation 23(1)(ca).
(18) Where the fixed penalty notice is issued in respect of an employers’ obligation workforce test offence then the amount specified must be—
(a)in the case of the first fixed penalty notice, £1,000,
(b)in the case of the second fixed penalty notice, £2,000,
(c)in the case of the third fixed penalty notice, £4,000,
(d)in the case of the fourth and subsequent fixed penalty notices, £10,000.
(19) For the purposes of this regulation an employers’ obligation workforce test offence means an offence described in regulation 23(1)(cb).”.
Commencement Information
I1Reg. 6 in operation at 2.8.2021 at 4.00 a.m., see reg. 1(2)
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