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

Challenge to notice

27.—(1) This regulation applies where—

(a) a person (P) who has received notice of the registration of a default amount under regulation 26 makes a statutory declaration to the effect mentioned in paragraph (2); and

(b) that declaration is served on the clerk of petty sessions within 21 days of the date on which P received notice of the registration.

(2) The statutory declaration must state—

(a) that P was not the person to whom the relevant fixed penalty notice was given; or

(b) that P gave notice requesting to be tried for the alleged offence as permitted by the fixed penalty notice before the end of the period of 28 days specified in that fixed penalty notice.

(3) Where paragraph (2)(a) applies the following shall be void –

(a) the relevant fixed penalty notice;

(b) the registration of the default amount under regulation 26; and

(c) any proceedings taken for its enforcement prior to P’s statutory declaration being served.

(4) Where paragraph (2)(b)applies—

(a) the following shall be void—

(i) the registration of the default amount under regulation 26; and

(ii) any proceedings taken for its enforcement prior to P’s statutory declaration being served; and

(b) P shall be treated, after P’s statutory declaration is served, as if P had given notice requesting to be tried for the alleged offence referred to in P’s declaration.

(5) In a 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).

(6) Paragraph (7) applies where, on the application of P, it appears to a court of summary jurisdiction that it was not reasonable to expect P to serve, within 21 days of the date on which P received the notice referred to in paragraph (1)(a) a statutory declaration to the effect mentioned in paragraph (2).

(7) The court may accept service of a declaration by P after that period has expired and a statutory declaration so accepted shall be taken to have been served as required by paragraph (1)(b).

(8) In this regulation references to proceedings for enforcing payment of the default amount are references to a process issued or other proceedings taken for or in connection with enforcing payment of that amount (including the making of a collection order).

(9) For the purposes of this regulation, P shall be taken to receive notice referred to in paragraph (1) when P receives notice either of registration under regulation 26 or of proceedings for enforcing payment of the registered default amount.

(10) Nothing in this regulation prejudices a right a person may otherwise have in the case of an action purportedly taken under these Regulations which is not in fact authorised by them.

(11) Accordingly, references in this regulation to the registration of a default amount 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.