The Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021

Amount of fixed penalty N.I.

27.—(1) This regulation sets out the amount which must be specified, in accordance with regulation 26(4)(c), in a fixed penalty notice, in respect of different offences—

(2) Where the fixed penalty notice is issued in respect of an obstruction offence ([F1 non-eligible non-red] list arrivals) then the amount specified must be £1,000.

(3) For the purposes of this regulation an obstruction offence ([F2 non-eligible non-red] list arrivals) means an offence described in—

(a) regulation 23(1)(g) (except in so far as it relates to a red list arrival), or

(b) regulation 23(3) where the person is believed to have intentionally obstructed a person carrying out a function in relation to regulations 10 to 13, or regulation 19 (except in relation to a red list arrival).

(4) Where the fixed penalty notice is issued in respect of a self-isolation offence then the amount specified must be £1,000.

(5) For the purposes of this regulation a self-isolation offence means an offence described in

[F3 (a) regulation 23(1)(cc), or

(b) regulation 23(1)(d).]

(6) Where the fixed penalty notice is issued to a person in respect of a managed isolation offence then the amount specified must be—

(a) in the case of the first fixed penalty notice, £5,000,

(b) in the case of the second fixed penalty notice, £8,000,

(c) in the case of the third and subsequent fixed penalty notice, £10,000.

(7) For the purposes of this regulation a managed isolation offence means an offence described in—

(a) regulation 23(1)(e) or (1)(f) (except in the case of a contravention of a requirement in paragraph 2 of Schedule 7),

(b) regulation 23(1)(g) (except in so far as it relates to [F4 non-eligible non-red] list arrivals),

(c) regulation 23(1)(h), or

(d) regulation 23(3) where the person is [F5 reasonably] believed to have intentionally obstructed any person carrying out a function relating to a red list arrival.

(8) Where the fixed penalty notice is issued in respect of a managed isolation (ports and travel information) offence then the amount specified must be £10,000.

(9) For the purposes of this regulation a managed isolation (ports and travel information) offence means an offence described in—

(a) regulation 23(1)(f), in respect of the requirement under paragraph 2 of Schedule 7, or

(b) regulation 23(4), in respect of information relating to the person's travel history in relation to a red list country.

(10) Subject to paragraph (8), where the fixed penalty notice is issued in respect of an information offence, then the amount specified 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 notices, £4,000.

(11) For the purposes of this regulation an information offence means an offence described in—

(a) regulation 23(1)(a),

(b) regulation 23(3), where the person is believed to have intentionally obstructed a person carrying out a function in relation to regulation 4,

(c) regulation 23(4).

(12) Where the fixed penalty notice is issued in respect of a possession of negative test result offence then the amount specified 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 notices, £4,000.

(13) For the purposes of this regulation, a possession of negative test result offence means an offence described in—

(a) regulation 23(1)(b), or

(b) regulation 23(3) where the person is believed to have intentionally obstructed any person carrying out a function in relation to regulation 6.

(14) Where the fixed penalty notice is issued in respect of a book and test offence, then the amount specified must be—

(a) in the case of a fixed penalty notice issued in respect of a failure to possess a testing package in accordance with regulation 8(2), £1,000,

(b) in the case of a fixed penalty notice issued in respect of a failure to obtain a testing package in accordance with regulation 8(3), £2,000,

(c) in the case of a fixed penalty notice issued in respect of a failure to obtain a testing package in accordance with regulation 8(4), £1,000,

(d) in the case of a fixed penalty notice issued in respect of a failure to undertake a test in accordance with regulation 8(5) or (7), [F6 £1,000],

(e) in the case of the second fixed penalty notice issued in respect of a failure to undertake a test in accordance with regulation 8(5) or (7), £2,000.

(15) For the purposes of this regulation, a book and test offence means an offence described in regulation 23(1)(c).

[F7 (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).]

Textual Amendments

F1 Words in reg. 27(2) substituted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 11(a) (with reg. 1(4))

F2 Words in reg. 27(3) substituted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 11(b) (with reg. 1(4))

F3 Reg. 27(5)(a)(b) substituted for words (2.8.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 4) Regulations (Northern Ireland) 2021 (S.R. 2021/225), regs. 1(2), 6(3)(a) (with reg. 11)

F4 Words in reg. 27(7)(b) substituted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 11(c) (with reg. 1(4))

F5 Word in reg. 27(7)(d) inserted (12.5.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (Amendment No. 2) Regulations (Northern Ireland) 2021 (S.R. 2021/121), regs. 1(1), 3

F6 Sum in reg. 27(14)(d) substituted (8.6.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (Amendment No. 4) Regulations (Northern Ireland) 2021 (S.R. 2021/154), regs. 1(1), 3

F7 Reg. 27(16)-(19) inserted (2.8.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 4) Regulations (Northern Ireland) 2021 (S.R. 2021/225), regs. 1(2), 6(3)(b) (with reg. 11)