The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020

Changes over time for: Section 14

Version Superseded: 29/01/2021

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Fixed penalty noticesE+W

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14.—[F1(1) An authorised person may issue a fixed penalty notice to any person that the authorised person reasonably believes—

(a)has committed an offence under these Regulations, and

(b)is (in the case of an individual) 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.

(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 beginning with the day after 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 (as to which, see paragraphs (6) [F2to (7D)]),

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

(e)specify permissible methods of payment.

(6) If the fixed penalty notice is the first issued to the person under a relevant enactment, the amount of the fixed penalty is [F3(subject to paragraphs (7A) and (7B))]—

(a)[F4£100], if that amount is paid before the end of the period of 14 days following the date of the notice, and

(b)otherwise, [F5£200].

(7) If the fixed penalty notice is not the first fixed penalty notice issued to the person under a relevant enactment, the amount of the fixed penalty is [F6(subject to paragraphs (7A) and (7B))] as follows—

(a)if it is the second fixed penalty notice so issued, [F7£400],

(b)if it is the third fixed penalty notice so issued, [F8£800],

(c)if it is the fourth fixed penalty notice so issued, [F9£1,600],

(d)if it is the fifth fixed penalty notice so issued, [F10£3,200],

(e)if it is the sixth fixed penalty notice so issued and for any subsequent fixed penalty notice so issued, [F11£6,400].

[F12(7A) Paragraphs (6) and (7) do not apply in the case of a fixed penalty notice issued to the person in respect of a business restriction offence.

(7B) In the case of a fixed penalty notice issued to the person in respect of a business restriction offence, the amount of the fixed penalty is as follows—

(a)if it is the first fixed penalty notice so issued, £1,000,

(b)if it is the second fixed penalty notice so issued, £2,000,

(c)if it is the third fixed penalty notice so issued, £4,000,

(d)if it is the fourth fixed penalty notice so issued and for any subsequent fixed penalty so issued, £10,000.

(7C) For the purposes of determining how many fixed penalty notices a person has received for the purposes of paragraph (7B), a fixed penalty notice issued to the person under the following Regulations is to be treated as if it were issued in respect of a business restriction offence—

(a)the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020, if the notice was issued in respect of an offence of contravening regulation 4A or 4B of those Regulations;

(b)the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020;

(c)the Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) Regulations 2020;

(d)the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020, if the notice was issued in respect of a business restriction offence as defined by regulation 6(12) of those Regulations;

(e)the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020, if the notice was issued in respect of a business restriction offence as defined by regulation 6(12) of those Regulations;

(f)the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020, if the notice was issued in respect of a business restriction offence as defined by regulation 6(12) of those Regulations;

[F13(g)the Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020.]

[F14(h)the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020, if the notice was issued in respect of a business restriction offence as defined by regulation 12(7) of those Regulations.]

(7D) In this regulation, unless otherwise specified “business restriction offence” means—

(a)an offence under regulation 13(1)(a), (b) or (c), or

(b)an offence under regulation 13(1)(e) of failing to comply with a prohibition notice given under regulation 12(2) or of contravening a direction given under regulation 12(3)(a).]

[F15(8) In this regulation “relevant enactment” means—

(a)the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020;

(b)the Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020;

(c)these Regulations, other than notices issued in respect of a business restriction offence committed on or after 14th October 2020;

(d)the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Luton) Regulations 2020;

(e)the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 2020;

(f)the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020;

(g)the Health Protection (Coronavirus, Restrictions) (North of England) Regulations 2020;

(h)the Health Protection (Coronavirus, Restrictions) (Bolton) Regulations 2020;

(i)the Health Protection (Coronavirus, Restrictions) (Birmingham, Sandwell and Solihull) Regulations 2020;

(j)the Health Protection (Coronavirus, Restrictions) (North East and North West of England) Regulations 2020;

(k)the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020;

(l)the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020;

(m)the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020;

[F16(n)the Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020.]

[F17(o)the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020.]]

[F18(8A) For the purposes of determining how many fixed penalty notices have been issued to a person under the relevant enactments, no account is to be taken of any fixed penalty notice issued to that person under—

(a)these Regulations, if the notice was issued to the person in respect of a business restriction offence committed on or after 14th October 2020;

(b)the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020, if the notice was issued to the person in respect of an offence of contravening a restriction or requirement imposed by regulation 5A or 5B of those Regulations;

(c)the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020, if the notice was issued to the person in respect of a business restriction offence as defined by regulation 6(12) of those Regulations or an offence of contravening a restriction or requirement imposed by paragraph 2 of Schedule 1 to those Regulations;

(d)the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020, if the notice was issued to the person in respect of a business restriction offence as defined by regulation 6(12) of those Regulations or an offence of contravening a restriction or requirement imposed by paragraph 3 of Schedule 1 to those Regulations;

(e)the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020, if the notice was issued to the person in respect of a business restriction offence as defined by regulation 6(12) of those Regulations or an offence of contravening a restriction or requirement imposed by paragraph 3 of Schedule 1 to those Regulations;

[F19(f)the Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020, if the notice was issued to the person in respect of a business restriction offence as defined by regulation 21(12) of those Regulations or an offence of contravening a restriction or requirement imposed by Part 4 of those Regulations.]

[F20(g)the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020, if the notice was issued to the person in respect of a business restriction offence as defined by regulation 12(7) of those Regulations or an offence of contravening a restriction or requirement imposed by paragraph 2 of Schedule 1, paragraph 3 of Schedule 2[F21, paragraph 3 of Schedule 3 or paragraph 5 of Schedule 3A] to those Regulations.]]

(9) 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).

(10) Where a letter is sent as mentioned in paragraph (9), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(11) In any proceedings, a certificate that—

(a)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 officer referred to in paragraph (3)(b), 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.

(12) In this regulation “authorised person” means—

(a)a person designated by the local authority, in the case of—

(i)an offence under regulation 13(1)(a), (b) or (c), F22...

(ii)an offence under regulation 13(1)(d) in a case where the person obstructed is a local authority designated officer, [F23or]

[F24(iii)an offence under regulation 13(1)(e) of failing to comply with a prohibition notice, and]

(b)a constable, in the case of any offence under regulation 13(1)(d), (e) or (2).