The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020

Enforcement of requirementE+W

This section has no associated Explanatory Memorandum

7.—(1) A relevant person may take such action as is necessary to enforce any requirement imposed by regulation F1... 6(10) or (11).

F2(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where a relevant person considers that a person is in a restricted area without a reasonable excuse in contravention of regulation 6(11), the relevant person may—

(a)direct that person to leave the restricted area immediately;

(b)[F3where the relevant person is a constable,] remove that person from the restricted area.

(5) A [F4constable] exercising the power in paragraph F5... (4)(b) to remove a person F5... from a restricted area may use reasonable force, if necessary, in exercise of the power.

(6) Where a person who is F6... in a restricted area in contravention of regulation 6(11), 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.

(7) Where a relevant person has reasonable grounds to believe that a child is repeatedly failing to comply with the [F7restriction in regulation 6(11)], 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.

(8) A relevant person may only exercise the power in paragraph F8... (4), (6) or (7) if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the restriction in regulation F8... 6(11).

(9) A relevant person exercising a power under paragraph F9... (4), (6), or (7) may give the person concerned any reasonable instructions they consider to be necessary.

(10) For the purposes of this regulation—

(a)an individual has responsibility for a child if the individual—

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

(ii)has parental responsibility for the child;

(b)a “relevant person” means—

(i)a constable,

(ii)a police community support officer, [F10or]

F11(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(c)references to a requirement include references to a restriction;

(d)a “restricted area” has the same meaning as in regulation 6.

F12(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .