The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020

Enforcement of requirementE+W

This section has no associated Explanatory Memorandum

8.—(1) A relevant person may take such action as is necessary to enforce any requirement imposed by regulation 4, 5 or 7.

(2) A relevant person may give a prohibition notice to a person if the relevant person reasonably believes that—

(a)the person is contravening a requirement in regulation 4 or 5, and

(b)it is necessary and proportionate to give the prohibition notice for the purpose of preventing that person from continuing to contravene the requirement.

(3) Where a relevant person considers that a person is [F1staying overnight at a place other than] the place where they are living in contravention of regulation 6(1), the relevant person may—

(a)direct that person to return to the place where they are living, F2...

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where the person [F5staying overnight at a place other than] the place where they are living without reasonable excuse is a child accompanied by an individual who has responsibility for the child—

(a)the relevant person may direct that individual to take the child to the place where [F6the child is] living, and

(b)that individual must, so far as reasonably practicable, ensure that the child complies with any direction or instruction given by the relevant person to the child.

(6) Where a relevant person has reasonable grounds to believe that a child is repeatedly failing to comply with the restriction in regulation 6(1), the relevant person may direct any individual who has responsibility for the child to secure, so far as reasonably practicable, that the child complies with that restriction.

(7) For the purposes of this regulation, an individual has responsibility for a child if the individual—

(a)has custody or charge of the child for the time being, or

(b)has parental responsibility for the child (within the meaning of the Children Act 1989 M1).

(8) A relevant person may only exercise the power in paragraph (3), (5) or (6) if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the requirement [F7in regulation 6(1)].

(9) Where a relevant person considers that [F8a number of] people are gathered together in contravention of regulation 7, the relevant person may—

(a)direct the gathering to disperse;

(b)direct any person in the gathering to return to the place where they are living;

(c)remove any person in [F9a gathering in a public place] to the place where they are living.

[F10(10) A relevant person exercising the power in paragraph (9)(c) to remove a person in a gathering [F11in a public place] to a place where they are living may use reasonable force, if necessary, in exercise of the power.

(10A) Where a person who is in a gathering in contravention of regulation 7 is a child accompanied by an individual who has responsibility for the child—

(a)the relevant person may direct that individual to take the child to the place where the child is living, and

(b)that individual must, so far as reasonably practicable, ensure that the child complies with any direction or instruction given by the relevant person to the child.

(10B) Where a relevant person has reasonable grounds to believe that a child is repeatedly failing to comply with the restriction in regulation 7, the relevant person may direct any individual who has responsibility for the child to secure, so far as reasonably practicable, that the child complies with that restriction.

(10C) A relevant person may only exercise the power in paragraph (9), (10A) or (10B) if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the restriction in regulation 7.]

(11) A relevant person exercising a power under paragraph (3), (5), (6) [F12, (9), (10A) or (10B)] may give the person concerned any reasonable instructions they consider to be necessary.

(12) For the purposes of this regulation—

(a)a “relevant person” means—

(i)a constable,

(ii)a police community support officer,

(iii)subject to paragraph (13), a person designated by a local authority for the purposes of this regulation, or

(iv)a person designated by the Secretary of State for the purposes of this regulation;

(b)references to a requirement include references to a restriction.

(13) A local authority may only designate a person for the purposes of this regulation in relation to a requirement in regulation 4 or 5.

Textual Amendments

F1Words in reg. 8(3) substituted (1.6.2020) by The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/558), regs. 1(2), 2(8)(a)(i)

F2Word in reg. 8(3)(a) omitted (1.6.2020) by virtue of The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/558), regs. 1(2), 2(8)(a)(ii)

F3Reg. 8(3)(b) omitted (1.6.2020) by virtue of The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/558), regs. 1(2), 2(8)(a)(iii)