Search Legislation

The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 23

 Help about opening options

Version Superseded: 29/11/2021

Status:

Point in time view as at 23/04/2021. This version of this provision has been superseded. Help about Status

Close

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

There are currently no known outstanding effects for the The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021, Section 23. 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.

Fixed Penalty NoticesN.I.

This section has no associated Explanatory Memorandum

23.—(1) A relevant officer may issue a fixed penalty notice to anyone that the constable reasonably believes has committed an offence under these Regulations and 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 a liability to conviction for the offence by payment of a fixed penalty to the authority specified in the notice.

(3) The authority specified in the notice must be—

(a)in the case of a notice issued by an enforcement officer, the district council in whose area the offence is alleged to have been committed; or

(b)in the case of a notice issued by a constable, the clerk of petty sessions.

(4) Where a person is issued with a notice under this regulation for an offence—

(a)no proceedings may be taken for the offence before the end of the period of 28 days beginning with the day immediately 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.

(5) 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 (4)(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 must be paid;

(e)specify permissible methods of payment;

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

(6) In the case of an offence consisting of—

(a)a breach of regulation [F13 to 8], 10(1), 16 or 17;

(b)obstruction referred to in regulation 22(2) which is committed in connection with the breach referred to in paragraph (a);

(c)contravention or non-compliance referred to in regulation 22(3) which is committed in connection with the breach referred to in paragraph (a), the amount specified under paragraph (5)(c) must be—

(i)£1,000 if a fixed penalty notice is the first one issued to a person for such a breach;

(ii)£2,000 if a fixed penalty notice is the second one issued to a person for such a breach;

(iii)£4,000 if a fixed penalty notice is the third one issued to a person for such a breach;

(iv)£10,000 if a fixed penalty notice is the fourth one, or a subsequent one, issued to a person for such a breach.

(d)For the purposes of paragraph (c) a breach of a requirement of the Health Protection (Coronavirus, Restrictions) (No.2) Regulations (Northern Ireland) 2020 may be treated as a breach of the same requirement of these regulations.

(7) In the case of an offence consisting of—

(a)a breach of any other provision of these Regulations;

(b)obstruction referred to in regulation 22(2) which is committed in connection with the breach referred to in paragraph (a);

(c)contravention or non-compliance referred to in regulation 22(3) which is committed in connection with the breach referred to in paragraph (a), the notice must specify that the amount of the fixed penalty is—

(i)£200; or

(ii)£100 if that amount is paid before the end of the period of 14 days following the date of the notice.

(8) A person who has previously been issued with a fixed penalty notice for an offence referred to in paragraph (7) (“offence A”)—

(a)shall not be issued with a fixed penalty notice for a further offence committed in connection with, offence A; but

(b)may be issued with a fixed penalty notice for a different offence under that paragraph (offence B) which is unconnected with offence A.

(9) Despite a fixed penalty notice specifying some other method of payment under paragraph (5)(e), payment of a fixed penalty may be effected by posting to the person whose name is stated under paragraph (5)(d), at the stated address, a pre-paid letter containing the amount of the penalty (in cash or otherwise).

(10) Where a letter is sent as mentioned in paragraph (9), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(11) In the case of a notice issued by an enforcement officer, the payment received by a district council under this regulation accrues to that council.

(12) In any proceedings, a certificate—

(a)that purports to be signed by or on behalf of the authority specified in the notice; 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.

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