The Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020 (revoked)

Coronavirus Restriction Notices E+W

5.—(1) A local authority officer designated for the purposes of this regulation (“local authority designated officer”) may issue to a person a Coronavirus Restriction Notice where that person has been issued with a Coronavirus Improvement Notice and the officer is of the opinion that the person has failed to comply with the notice and the non-compliance involves a risk of exposure to coronavirus.

(2) But a Coronavirus Restriction Notice may not be issued in relation to premises which form part of essential infrastructure.

(3) A Coronavirus Restriction Notice must require either or both of the following—

(a) the closure of the premises, or part of the premises;

(b) that the person to whom the notice is issued must end or remedy the contravention or contraventions specified in the Coronavirus Improvement Notice.

(4) Any requirement in a Coronavirus Restriction Notice must be necessary and proportionate for the purpose of minimising the risk of exposure to coronavirus.

(5) A requirement pursuant to paragraph (3)—

(a) takes effect at the end of a period specified in the notice, or

(b) if no such period is specified, takes effect immediately.

(6) A Coronavirus Restriction Notice has effect for a period of time ending seven days after the day on which it is issued.

(7) A Coronavirus Restriction Notice must state—

(a) the name of the person to whom it is issued or, where it is not possible to obtain the name, the premises to which it relates;

(b) the date on, and time at, which the notice is issued;

(c) the date on, and time at, which the notice ceases to have effect;

(d) the date on which the Coronavirus Improvement Notice was issued;

(e) particulars of the reasons for the officer's opinion that the person to whom that notice was issued has not complied with it and that non-compliance involves a risk of exposure to coronavirus;

(f) details of any requirement or requirements pursuant to paragraph (3) and the time at which it or they take effect;

(g) a statement explaining that failure to comply with the notice is an offence, conviction for which is punishable by a fine; and

(h) details of the right of appeal to a magistrates' court, and the time within which such an appeal may be brought.

(8) A Coronavirus Restriction Notice must be reviewed by a local authority designated officer before the notice ceases to have effect.

(9) Where, before the end of the period during which the Coronavirus Restriction Notice has effect, a person to whom the notice has been issued believes that the requirements in the notice pursuant to paragraph (3) are no longer necessary, that person may request that a local authority designated officer carry out a review of the notice.

(10) Where a request is made pursuant to paragraph (9) a local authority designated officer must carry out a review pursuant to paragraph (8), such review to be carried out as soon as practicable but in any event by the earlier of—

(a) the end of the period of 48 hours beginning with the time at which the officer receives that request; and

(b) the time at which the notice ceases to have effect.

(11) In carrying out a review pursuant to paragraph (8) the local authority designated officer—

(a) must—

(i) decide whether the requirements in the notice pursuant to paragraph (3) remain necessary and—

(aa) if none of them remain necessary, withdraw the notice;

(bb) if some, but not all, of them remain necessary, amend the notice or withdraw the notice and issue a new notice;

(ii) notify the person to whom the notice was issued of that decision and that person's right of appeal to a magistrates' court, and the time within which such an appeal may be brought;

(b) may issue a new Coronavirus Restriction Notice or a Coronavirus Improvement Notice or Coronavirus Immediate Restriction Notice pursuant to these Regulations to the same person.

Commencement Information

I1 Reg. 5 in force at 2.12.2020, see reg. 1(1)