The Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020 (revoked)

Citation, commencement, application and interpretation E+W

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020 and come into force on 4th July 2020.

(2) These Regulations apply in relation to England only.

(3) In these Regulations—

“child” means a person under the age of 18;

“childcare” has the same meaning as in section 18 of the Childcare Act 2006 M1 ;

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

“elite sportsperson” means an individual who—

(a)

derives a living from competing in a sport,

(b)

is a senior representative nominated by a relevant sporting body,

(c)

is a member of the senior training squad for a relevant sporting body, or

(d)

is aged 16 or above and on an elite development pathway;

“linked household” has the meaning given in regulation 7;

“parent” of a child includes any person who is not a parent of the child but who has parental responsibility for, or who has care of, the child;

“parental responsibility” has the meaning given in section 3 of the Children Act 1989 M2 ;

“person responsible for carrying on a business” includes the owner, proprietor, and manager of that business;

[F1 “the protected area” means the area falling within—

(a)

the area of Leicester City Council, or

(b)

the area of the Borough of Oadby and Wigston;]

“vulnerable person” includes—

(a)

any person aged 70 or older;

(b)

any person under 70 who has an underlying health condition, including but not limited to, the conditions listed in Schedule 2;

(c)

any person who is pregnant.

(4) For the purposes of the definition of “elite sportsperson”, in paragraph (3)—

(a) “elite development pathway” means a development pathway established by the national governing body of a sport to prepare sportspersons—

(i) so that they may derive a living from competing in that sport, or

(ii) to compete at that sport at the Tokyo or Beijing Olympic or Paralympic Games, or, if that sport is not part of the Tokyo Olympic and Paralympic Games programme, in the Commonwealth Games to be held in Birmingham;

(b) “relevant sporting body” means the national governing body of a sport which may nominate sportspersons to represent—

(i) Great Britain and Northern Ireland at the Tokyo or Beijing Olympic or Paralympic Games, or

(ii) England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey or the Isle of Man at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme;

(c) “senior representative” means an individual who is considered by a relevant sporting body to be a candidate to qualify to compete on behalf of—

(i) Great Britain and Northern Ireland at the Tokyo or Beijing Olympic or Paralympic Games;

(ii) England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey or the Isle of Man at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme.

(5) For the purposes of these Regulations, references to a “local authority” include references to a county council.

Textual Amendments

F1 Words in reg. 1(3) substituted (18.7.2020) by The Health Protection (Coronavirus, Restrictions) (Leicester) (Amendment) Regulations 2020 (S.I. 2020/754), regs. 1(2), 3

Commencement Information

I1 Reg. 1 in force at 4.7.2020, see reg. 1(1)

Marginal Citations

M1 2006 c. 21. Section 18 has been amended by the Children and Young Persons Act 2008 (c. 23), Schedule 1, paragraph 19, and Schedule 4; the Criminal Justice and Courts Act 2015 (c. 2), Schedule 9, paragraph 21, and S.I. 2010/813.

M2 1989 c. 41.

The emergency period and review of need for restrictions E+W

2.—(1) For the purposes of these Regulations, the “emergency period”—

(a) starts when these Regulations come into force, and

(b) ends in relation to a restriction or requirement imposed by these Regulations on the day and at the time specified in a direction published by the Secretary of State terminating the requirement or restriction.

(2) The Secretary of State must review the need for restrictions and requirements imposed by these Regulations at least once every 14 days, with the first review being carried out by 18th July 2020.

(3) As soon as the Secretary of State considers that any restrictions or requirements set out in these Regulations are no longer necessary to prevent, protect against, control or provide a public health response to the incidence or spread of infection in England with the coronavirus, the Secretary of State must publish a direction terminating that restriction or requirement.

(4) A direction published under this regulation may—

(a) terminate any one or more requirement or restriction;

(b) terminate a requirement or restriction in relation to a specified business or service or a specified description of business or service, or in relation to a specified postcode or address.

(5) Section 16 of the Interpretation Act 1978 M3 applies in relation to the termination of a restriction or requirement by a direction as it applies in relation to the repeal of an enactment.

(6) In this regulation, “specified” means specified in a direction published under this regulation.

Commencement Information

I2 Reg. 2 in force at 4.7.2020, see reg. 1(1)

Marginal Citations

M3 1978 c. 30.

Requirement to close premises and businesses during the emergency E+W

3.—(1) A person responsible for carrying on a business in the protected area which is listed in Part 1 of Schedule 3 must—

(a) during the emergency period—

(i) close any premises, or part of the premises, in the protected area in which food or drink are sold for consumption on those premises, and

(ii) cease selling food or drink for consumption on its premises in the protected area; or

(b) if the business sells food or drink for consumption off the premises, cease selling food or drink for consumption on its premises in the protected area during the emergency period.

(2) For the purposes of paragraph (1)(a), food or drink sold by a hotel or other accommodation as part of room service is not to be treated as being sold for consumption on its premises.

(3) For the purposes of paragraph (1)(a)(ii) and (b), an area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) is to be treated as part of the premises of that business.

(4) A person responsible for carrying on a business or providing a service in the protected area which is listed in Part 2 of Schedule 3 must cease to carry on that business or to provide that service in the protected area during the emergency period.

(5) Paragraph (4) does not prevent the use of—

(a) premises used for the businesses or services listed in paragraphs 5, 6, 10, 11 or 12 of that Part to broadcast a performance to people outside the premises, whether over the internet or as part of a radio or television broadcast;

(b) any suitable premises used for the businesses or services listed in that Schedule to host blood donation sessions;

(c) facilities for training for elite sportspersons, including indoor fitness studios, gyms, sports courts, indoor or outdoor swimming pools and other indoor leisure centres.

(6) If a business listed in Part 1 or 2 of Schedule 3 (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirement in paragraph (1) if it closes down business A.

(7) Paragraph (4) does not prevent a person responsible for carrying on a business or providing a service listed in Part 2 of Schedule 2 (“the closed business”)—

(a) carrying on a business of offering goods for sale or for hire by making deliveries or otherwise providing services in response to orders received—

(i) through a website, or otherwise by online communication,

(ii) by telephone, including orders by text message, or

(iii) by post;

(b) from operating a café or restaurant solely to sell food or drink for consumption off the premises, if the café or restaurant is separate from the premises used for the closed business.

(8) For the purposes of paragraph (7), a café or restaurant (“CR”) is separate from premises used for the closed business if—

(a) the CR is in a self-contained unit, and

(b) it is possible for a member of the public to enter the CR from a place outside those premises.

[F2 (9) For the purposes of this regulation, premises are in the protected area if any part of the premises is in the protected area.]

Textual Amendments

F2 Reg. 3(9) inserted (18.7.2020) by The Health Protection (Coronavirus, Restrictions) (Leicester) (Amendment) Regulations 2020 (S.I. 2020/754), regs. 1(2), 4

Commencement Information

I3 Reg. 3 in force at 4.7.2020, see reg. 1(1)

Further restrictions and closures during the emergency period E+W

4.—(1) A person responsible for carrying on a business in the protected area, not listed in Part 3 of Schedule 3, of offering goods for sale or for hire in a shop, or providing library services must, during the emergency period—

(a) cease to carry on that business or provide that service in the protected area except by making deliveries or otherwise providing services in response to orders received—

(i) through a website, or otherwise by on-line communication,

(ii) by telephone, including orders by text message, or

(iii) by post;

(b) close any premises in the protected area which are not required to carry out its business or provide its services as permitted by sub-paragraph (a);

(c) cease to admit any person to its premises in the protected area who is not required to carry on its business or provide its service as permitted by sub-paragraph (a).

(2) Paragraph (1) does not apply to any business which provides hot or cold food for consumption off the premises.

(3) Subject to paragraph (4), a person responsible for carrying on a business consisting of the provision of holiday accommodation in the protected area, whether in a hotel, hostel, bed and breakfast accommodation, holiday apartment, home, cottage or bungalow, campsite, caravan park or boarding house, must cease to carry on that business during the emergency period.

(4) A person referred to in paragraph (3) may continue to carry on their business and keep any premises used in that business open—

(a) to provide accommodation for any person, who—

(i) is unable to return to their main residence;

(ii) uses that accommodation as their main residence;

(iii) needs accommodation while moving house;

(iv) needs accommodation to attend a funeral;

(v) is isolating themselves from others as required by law;

(vi) is an elite sportsperson, the coach of an elite sportsperson, or (in the case of an elite sportsperson who is a child), the parent of an elite sportsperson, and needs accommodation for the purposes of training or competition,

(b) to provide accommodation for any person—

(i) who works in one of the critical sectors listed in the guidance titled “Guidance for critical workers who can access schools or educational settings” published by the Cabinet Office and the Department for Education and updated on 5th May 2020 M4 , and

(ii) whose need for accommodation is connected to their work,

(c) to provide accommodation or support services for the homeless,

(d) to host blood donation sessions, or

(e) for any purpose requested by the Secretary of State, or a local authority.

(5) A person who is responsible for a place of worship in the protected area must ensure that, during the emergency period, the place of worship is closed, except for uses permitted in paragraph (6).

(6) A place of worship may be used—

(a) for funerals,

(b) to broadcast an act of worship, whether over the internet or as part of a radio or television broadcast,

(c) to provide essential voluntary services or urgent public support services (including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency),

(d) for the purposes of childcare provided by a person registered under Part 3 of the Childcare Act 2006, or

(e) for private prayer by individuals, and for these purposes, “private prayer” means prayer which does not form part of communal worship.

(7) A person who is responsible for a community centre in the protected area must ensure that, during the emergency period, the community centre is closed except where it is used—

(a) to provide essential voluntary activities or urgent public support services (including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency), or

(b) for the purposes of childcare provided by a person registered under Part 3 of the Childcare Act 2006.

(8) Subject to paragraph (9), a person who is responsible for a crematorium in the protected area must ensure that, during the emergency period, the crematorium is closed to members of the public, except for funerals or burials.

(9) Paragraph (8) does not apply to the grounds surrounding a crematorium, including any burial ground or garden of remembrance.

(10) If a business referred to in paragraph (1) or (3) (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirement in paragraph (1) or (3) to cease to carry on its business if it ceases to carry on business A.

[F3 (11) For the purposes of this regulation, premises (including holiday accommodation, places of worship, community centres and crematoria) are in the protected area if any part of the premises is in the protected area.]

Textual Amendments

F3 Reg. 4(11) inserted (18.7.2020) by The Health Protection (Coronavirus, Restrictions) (Leicester) (Amendment) Regulations 2020 (S.I. 2020/754), regs. 1(2), 5

Commencement Information

I4 Reg. 4 in force at 4.7.2020, see reg. 1(1)

Marginal Citations

M4 The guidance is published at: https://www.gov.uk/government/publications/coronavirus-covid-19-maintaining-educational-provision/guidance-for-schools-colleges-and-local-authorities-on-maintaining-educational-provision. A hard copy of the guidance can be obtained from the Cabinet Office, 70 Whitehall, London SW1A 2AS.

Restrictions on movement E+W

5.—(1) No person who lives in the protected area may, without reasonable excuse, stay overnight at any place other than the place where they are living or where their linked household is living.

(2) No person who lives outside the protected area may, without reasonable excuse, stay overnight at any place within the protected area other than the place where their linked household is living.

(3) For the purposes of paragraphs (1) and (2), the circumstances in which a person (“P”) has a reasonable excuse include cases where—

(a) P needs to stay elsewhere to attend a funeral, as—

(i) a member of the deceased person's household,

(ii) a close family member of the deceased person, or

(iii) if no-one within paragraph (i) or (ii) is attending, a friend of the deceased person;

(b) P is an elite sportsperson, a coach of an elite sportsperson, or (in the case of an elite sportsperson who is under the age of 18), a parent of the elite sportsperson, and needs to stay elsewhere for the purposes of training or competition;

(c) P needs to stay elsewhere while moving house;

(d) it is reasonably necessary for P to stay elsewhere—

(i) for work purposes, or for the provision of voluntary or charitable services;

(ii) to provide care or assistance to a vulnerable person, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006 M5 ;

(iii) to provide emergency assistance;

(iv) to avoid injury or illness, or to escape a risk of harm;

(v) to obtain medical assistance;

(vi) to enable P to attend a birth or make a visit as permitted by regulation 6(2)(g), (h) or (i);

(e) P needs to stay elsewhere to fulfil a legal obligation or participate in legal proceedings;

(f) P is a child that does not live in the same household as their parents, or one of their parents, and the overnight stay is necessary to continue existing arrangements for access to, and contact between, parents and children;

(g) P is unable to return to the place where P lives, because—

(i) it is not safe for P to live there,

(ii) P may not lawfully travel there, or is required by law to stay in another place, or

(iii) the place where P is living is not available to P for any other reason.

(4) Paragraphs (1) and (2) do not apply to any person who is homeless.

(5) For the purposes of paragraphs (1) and (2), the place where a person is living includes the premises where they live together with any garden, yard, passage, stair, garage, outhouse or other appurtenance of such premises.

[F4 (6) For the purposes of paragraphs (1) and (2)—

(a) a person lives in the protected area if any part of the place where that person lives is in the protected area;

(b) a place is treated as being in the protected area if any part of the place is in the protected area.]

Textual Amendments

F4 Reg. 5(6) inserted (18.7.2020) by The Health Protection (Coronavirus, Restrictions) (Leicester) (Amendment) Regulations 2020 (S.I. 2020/754), regs. 1(2), 6

Commencement Information

I5 Reg. 5 in force at 4.7.2020, see reg. 1(1)

Marginal Citations

M5 2006 c. 47. Sub-paragraph (3B) was substituted, with sub-paragraphs (1), (3) and (3A) to (3E) for sub-paragraphs (1) to (3) by s. 66(2) of the Protection of Freedoms Act 2012 (c. 9).

Restrictions on gatherings E+W

6.—(1) During the emergency period, unless paragraph (2) applies, no person may participate in a gathering in the protected area which takes place in a public or private place—

(a) outdoors, and consists of more than six persons, or

(b) indoors, and consists of two or more persons.

(2) This paragraph applies where—

(a) all the persons in the gathering are members of the same household or members of two households which are linked households in relation to each other;

(b) the person is attending a funeral, as—

(i) a member of the deceased person's household,

(ii) a close family member of the deceased person, or

(iii) if no-one within paragraph (i) or (ii) is attending, a friend of the deceased person;

(c) the person concerned is an elite sportsperson, the coach of an elite sportsperson, or (in the case of an elite sportsperson who is a child), the parent of an elite sportsperson, and the gathering is necessary for training or competition;

(d) the gathering is reasonably necessary—

(i) for work purposes, or for the provision of voluntary or charitable services;

(ii) to facilitate a house move;

(iii) to provide care or assistance to a vulnerable person, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006;

(iv) to provide emergency assistance;

(v) for the purposes of childcare provided by a person registered under Part 3 of the Childcare Act 2006;

(vi) to enable one or more persons in the gathering to avoid injury or illness or to escape a risk of harm;

(vii) to continue existing arrangements for access to, and contact between, parents and children where the children do not live in the same household as their parents, or one of their parents;

(e) the person concerned is fulfilling a legal obligation or participating in legal proceedings;

(f) the gathering takes place at an educational facility and is reasonably necessary for the purposes of education;

(g) the person concerned is attending a person giving birth (“M”), at M's request;

(h) the person concerned (“P”) is visiting a person P reasonably believes is dying (“D”), and P is—

(i) a member of D's household,

(ii) a close family member of D,

(iii) a friend of D, or

(iv) where no-one falling within paragraphs (i) to (iii) is visiting D, any other person;

(i) the person concerned (“P”) is visiting a person (“V”) receiving treatment in a hospital or staying in a hospice or care home, or is accompanying V to a medical appointment and P is—

(i) a member of V's household,

(ii) a close family member of V, or

(iii) a friend of V,

and for these purposes, “care home” has the meaning given in section 3 of the Care Standards Act 2000 M6 .

(3) For the purposes of this regulation—

(a) there is a gathering when two or more people are present together in the same place in order to engage in any form of social interaction with each other, or to undertake any other activity with each other;

(b) a place is indoors if it would be considered to be enclosed or substantially enclosed for the purposes of section 2 of the Health Act 2006 M7 , under the Smoke Free (Premises and Enforcement) Regulations 2006 M8 .

[F5 (c) a gathering which takes place indoors is a gathering in the protected area if any part of the place where it takes place is in the protected area.]

Textual Amendments

F5 Reg. 6(3)(c) inserted (18.7.2020) by The Health Protection (Coronavirus, Restrictions) (Leicester) (Amendment) Regulations 2020 (S.I. 2020/754), regs. 1(2), 7

Commencement Information

I6 Reg. 6 in force at 4.7.2020, see reg. 1(1)

Marginal Citations

M6 2000 c. 14. Section 3 has been amended by paragraph 4 of Schedule 5 to the Health and Social Care Act 2008 (c. 14). There are other amendments to section 3 which are no relevant to these Regulations.

M7 2006 c. 28. Section 2 was amended by paragraph 4 of Schedule 2 to the Health (Wales) Act 2017 (2017 anaw 2).

M8 S.I. 2006/3368, to which there are amendments which are not relevant to these Regulations.

Linked households E+W

7.—(1) Where a household comprises one adult, or one adult and one or more persons who are under the age of 18 on 12th June 2020 (“the first household”), the adult may choose to be linked with one other household (“the second household”), provided that—

(a) neither the first household nor the second household are linked with any other household for the purposes of these Regulations or the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 M9 , and

(b) all the adult members of the second household agree.

(2) There is no limit on the number of adults or children which may be in the second household.

(3) The first and second households are “linked households” in relation to each other.

(4) The first and second households cease to be linked households if neither household satisfies the condition in the opening words of paragraph (1).

(5) Once the first and second households have ceased being linked households, neither the first household nor the second household may be linked with any other household.

(6) In this regulation, “linked household” include households which are linked households in relation to each other—

(a) under this regulation; or

(b) under regulation 7A of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.

Commencement Information

I7 Reg. 7 in force at 4.7.2020, see reg. 1(1)

Marginal Citations

M9 S.I. 2020/350, as amended by S.I. 2020/447; 2020/550; 2020/558; 2020/588.

Enforcement of requirement E+W

8.—(1) A relevant person may take such action as is necessary to enforce any requirement imposed by regulation 3, 4, or 6.

(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 3 or 4, 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 staying overnight at a place other than the place where they are living in contravention of regulation 5(1) or (2), the relevant person may direct that person to return to the place where they are living.

(4) Where the person staying 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 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.

(5) Where a relevant person has reasonable grounds to believe that a child is repeatedly failing to comply with the restriction in regulation 5(1) or (2), 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.

(6) 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.

(7) A relevant person may only exercise the power in paragraph (3), (4) or (5) if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the requirement.

(8) Where a relevant person considers that a number of people are gathered together in contravention of regulation 6, 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 a gathering in a public place to the place where they are living.

(9) A relevant person exercising the power in paragraph (8)(c) to remove a person in a gathering in a public place to a place where they are living may use reasonable force, if necessary, in exercise of the power.

(10) Where a person who is in a gathering in contravention of regulation 6 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.

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

(12) A relevant person may only exercise the power in paragraph (8), (10) or (11) if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the restriction in regulation 6.

(13) A relevant person exercising a power under paragraph (3), (4), (5), (8), (10) or (11) may give the person concerned any reasonable instructions they consider to be necessary.

(14) For the purposes of this regulation—

(a) a “relevant person” means—

(i) a constable,

(ii) a police community support officer,

(iii) subject to paragraph (15), 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.

(15) A local authority may only designate a person for the purposes of this regulation in relation to a requirement in regulation 3 or 4.

Commencement Information

I8 Reg. 8 in force at 4.7.2020, see reg. 1(1)

Offences and penalties E+W

9.—(1) A person who—

(a) without reasonable excuse contravenes a requirement in regulation 3, 4, 6 or 8, or

(b) contravenes a requirement in regulation 5,

commits an offence.

(2) A person who obstructs, without reasonable excuse, any person carrying out a function under these Regulations, including any person who is a relevant person for the purposes of regulation 8, commits an offence.

(3) A person who, without reasonable excuse, contravenes a direction given under regulation 8, or fails to comply with a reasonable instruction or a prohibition notice given by a relevant person under regulation 8, commits an offence.

(4) An offence under this regulation is punishable on summary conviction by a fine.

(5) If an offence under this regulation committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of an officer of the body, or

(b) to be attributable to any neglect on the part of such an officer,

the officer (as well as the body corporate) is guilty of the offence and liable to be prosecuted and proceeded against and punished accordingly.

(6) In paragraph (5), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.

(7) Section 24 of the Police and Criminal Evidence Act 1984 M10 applies in relation to an offence under this regulation as if the reasons in subsection (5) of that section included—

(a) to maintain public health;

(b) to maintain public order.

(8) For the purposes of this regulation, references to a requirement include references to a restriction.

Commencement Information

I9 Reg. 9 in force at 4.7.2020, see reg. 1(1)

Marginal Citations

M10 1984 c. 60. Section 24 was substituted b s. 110(1) of the Serious Organised Crime and Police Act 2005 (c. 15).

Fixed penalty notices E+W

10.—(1) An authorised person may issue a fixed penalty notice to anyone that the authorised person reasonably believes—

(a) has committed an offence under these Regulations;

(b) is aged 18 or over.

(2) A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to an authority specified in the notice.

(3) The authority specified in the notice must be—

(a) the local authority (or as the case may be, any of the local authorities) in whose area the offence is alleged to have been committed (“the relevant local authority”), or

(b) an officer designated by the Secretary of State, or by the relevant local authority, for the purposes of this regulation (“the designated officer”).

(4) Where a person is issued with a notice under this regulation in respect of an offence—

(a) no proceedings may be taken for the offence before the end of the period of 28 days following the date of the notice;

(b) the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.

(5) A fixed penalty notice must—

(a) give reasonably detailed particulars of the circumstances alleged to constitute the offence;

(b) state the period during which (because of paragraph (4)(a)) proceedings will not be taken for the offence;

(c) specify the amount of the fixed penalty;

(d) state the name and address of the person to whom the fixed penalty may be paid;

(e) specify permissible methods of payment.

(6) The amount specified under paragraph (5)(c) must, subject to paragraph (7), be £100.

(7) Unless paragraph (8) applies, a fixed penalty notice must specify that if £50 is paid before the end of the period of 14 days following the date of the notice that is the amount of the fixed penalty;

(8) If the person to whom a fixed penalty notice is given has already received a fixed penalty notice under these Regulations or the Regulations referred to in paragraph (9)—

(a) paragraph (7) does not apply, and

(b) the amount specified as the fixed penalty is to be—

(i) in the case of the second fixed penalty notice received, £200;

(ii) in the case of the third fixed penalty notice received, £400;

(iii) in the case of the fourth fixed penalty notice received, £800;

(iv) in the case of the fifth fixed penalty notice received, £1,600;

(v) in the case of the sixth and subsequent fixed penalty notices, £3,200.

(9) In determining how many fixed penalty notices a person has previously received, fixed penalty notices received by that person under [F6 these Regulations,] the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and the Health Protection (Coronavirus, Restrictions) (No 2) (England) Regulations 2020 [F7 and the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020] are to be taken into account.

(10) Whatever other method may be specified under paragraph (5)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under paragraph (5)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

(11) Where a letter is sent as mentioned in paragraph (10), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(12) In any proceedings, a certificate—

(a) that purports to be signed by or on behalf of—

(i) the chief finance officer of the relevant local authority, where the authority to which payment is made is a local authority, or

(ii) the designated officer, where that officer is the authority to which payment is made; and;

(b) states that the payment of a fixed penalty was, or was not, received by the date specified in the certificate,

is evidence of the facts stated.

(13) In this regulation—

(a) “authorised person” means—

(i) a constable;

(ii) a police community support officer;

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

(iv) subject to paragraph (14), a person designated by the relevant local authority for the purposes of this regulation;

(b) a “chief finance officer”, in relation to a local authority, means the person with responsibility for the authority's financial affairs;

(c) references to a “local authority” include references to a county council.

(14) The relevant local authority may only designate a person for the purposes of this regulation to issue fixed penalty notices where the alleged offence relates to the contravention of a requirement or restriction in regulation 3 or 4 or the obstruction under regulation 9(2) of a person carrying out a function under regulation 8.

Textual Amendments

F6 Words in reg. 10(9) inserted (18.7.2020 at 12.01 a.m.) by The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 (S.I. 2020/750), regs. 1(2), 18(1)(a) (with reg. 19)

F7 Words in reg. 10(9) inserted (18.7.2020 at 12.01 a.m.) by The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 (S.I. 2020/750), regs. 1(2), 18(1)(b) (with reg. 19)

Commencement Information

I10 Reg. 10 in force at 4.7.2020, see reg. 1(1)

Prosecutions E+W

11.  Proceedings for an offence under these Regulations may be brought by the Crown Prosecution Service and any person designated by the Secretary of State.

Commencement Information

I11 Reg. 11 in force at 4.7.2020, see reg. 1(1)

Expiry E+W

12.—(1) These Regulations expire at the end of the period of six months beginning with the day on which they come into force.

(2) This regulation does not affect the validity of anything done pursuant to these Regulations before they expire.

Commencement Information

I12 Reg. 12 in force at 4.7.2020, see reg. 1(1)

Designations E+W

13.  A person who is designated for the purposes of regulation 8(12)(a), 10(3)(b), 10(11)(a) or 11 of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 is to be treated as if they were designated for the purposes of regulation 8(14)(a), 10(3)(b), 10(13)(a) or 11 as appropriate, of these Regulations.

Commencement Information

I13 Reg. 13 in force at 4.7.2020, see reg. 1(1)

Matt Hancock

Secretary of State for Health

Department for Health and Social Care