PART 4Enforcement of Part 3
Enforcement of requirement in F3regulation 6F8and 6BI18
1
Where a constable has reasonable grounds for suspecting that a person (“P”) has contravened the requirement in regulation 6(2) F4or F96B(2) the constable may—
a
c
where it is not practicable or appropriate in the circumstances to take the action in sub-paragraph (a) or (b), remove P to a hotel or other accommodation facilitated by the Secretary of State.
2
Paragraph (1)(b) and (c) do not apply where P is a person described in paragraph 1 of schedule 2.
3
A constable exercising the power in paragraph (1) may use reasonable force, if necessary, in doing so.
4
Where a child is outside of the place where they are staying in accordance with regulation 6(2) F5or F106B(2) and is accompanied by an individual who has responsibility for the child (“A”)—
a
b
A must, so far as reasonably practicable, ensure that the child complies with any direction or instruction given by a constable to the child.
5
Where a constable has reasonable grounds for suspecting that a child has repeatedly contravened the requirement in regulation 6(2) F6or F116B(2), the constable may direct any individual who has responsibility for the child to ensure, so far as reasonably practicable, that the child complies with that requirement.
6
7
A constable exercising a power under paragraph (1), (4) or (5) may give to P or A any direction or instruction the constable considers necessary and proportionate.
F138
Where P is a person who falls within regulation 6B(2), an authorised person may give a direction to P to ensure that P complies with the requirements of that regulation, including a direction—
a
that P remain in a particular area of a port to await transportation to P’s designated accommodation,
b
that P move to a particular place to board P’s designated transportation,
c
that P board P’s designated transportation to travel to P’s designated accommodation,
d
that P remain in, or return to, the place where P is required to stay in accordance with regulation 6B(2).
9
For the purposes of paragraph (8), an “authorised person” means a person authorised by the Scottish Ministers for the purposes of this Regulation.
Offences and penalties - Parts 3 and 4I29
1
It is an offence to contravene a requirement in—
a
regulation 6(2) F14...
b
regulation 6(7),
F19ba
regulation 6A(2),
bb
regulation 6A(4),
F15c
regulation 6B(2),
d
regulation 6B(5).
2
It is an offence to contravene a requirement in or imposed under regulation 8.
3
It is an offence for P to provide false or misleading information for the purposes of Part 3 or 4 where P—
a
knows that the information is false or misleading, or
b
is reckless as to whether the information is false or misleading.
4
A person who deliberately obstructs any person carrying out a function under these Regulations commits an offence
5
It is a defence to a charge of committing an offence under paragraph (1)(b), (2) (3) or (4) to show that the person, in the circumstances, had a reasonable excuse.
6
It is a defence to a charge of committing an offence under paragraph (1)(a) for the person to show that they are outside of the place where they are staying in accordance with regulation 6(2) F16... for one of the following reasons—
a
to travel in order to leave Scotland, provided that they do so directly F17(except where regulation 5H(1)(a) applies in relation to P),
b
to obtain basic necessities, including food and medical supplies for those in the same household (including any pets or animals in the household),
F1c
to seek medical assistance, including to access any of the following services—
i
dental services, opticians, audiology services, chiropody services, chiropractors, osteopaths and other medical or health services, including services relating to mental health,
ii
veterinary surgeons and pet shops,
d
on compassionate grounds, to attend a funeral of—
i
a member of the person's household,
ii
a close family member, or
iii
if no-one within sub-paragraphs (i) or (ii) is attending, a friend
F2da
on compassionate grounds, for reasons related to the end of a person’s life,
e
to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings,
f
to access public services (including social services or victims' services) where—
i
access to the service is critical to P's well-being, and
ii
the service cannot be provided if P remains at the premises,
g
to avoid injury, illness or to escape a risk of harm, or
h
to move to a different place for the purposes of regulation 6(2) F16... where—
i
a legal obligation requires P to change the premises at which P resides for the purposes of regulation 6(2), or
ii
P is otherwise unable to remain at the premises at which P is residing for the purpose regulation 6(2).
F187
It is a defence to a charge of committing an offence under paragraph (1)(c) or (d) for the person to show that they are outside of the place where they are staying in accordance with regulation 6B(2) for one of the following reasons—
a
to travel in order to leave the common travel area, provided that they do so directly F20(except where regulation 5H(1)(a) applies in relation to P),
b
to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings,
c
on compassionate grounds, to attend a funeral of—
i
a member of the person’s household,
ii
a close family member, or
iii
if no-one within sub-paragraphs (i) or (ii) is attending, a friend,
e
on compassionate grounds, for reasons relating to the end of a person’s life,
f
for exercise,
g
with permission from a person authorised by the Scottish Ministers to grant permission,
h
in other exceptional circumstances, such as—
i
to seek medical assistance where this is required urgently or on the advice of a registered medical practitioner including to access services from dentists, opticians, audiologists, chiropodists, chiropractors, osteopaths and other medical and health practitioners, including services relating to mental health,
ii
to access critical public services including social services or services provided to victims (such as victims of crime),
iii
to avoid injury or illness or to escape risk of harm,
iv
to access veterinary services where this is required urgently or on the advice of a veterinary surgeon.
8
The person may only leave or be outside of the place where they are self-isolating in reliance on the grounds mentioned in paragraph (7)(c), (e) or (f)—
a
if P has been given prior permission by a person authorised by the Secretary of State or the Scottish Ministers for this purpose;
b
if P complies with any reasonable requirements imposed by the person so authorised in relation to the exercise, the visit to the person or attendance at the funeral.
Penalties for offences under regulation 9I310
A person who commits an offence under regulation 9 is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.