The Health Protection (Coronavirus, Restrictions) (Birmingham, Sandwell and Solihull) Regulations 2020 (revoked)

Fixed penalty notices E+W

9.—(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, and

(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 an officer designated by the Secretary of State 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 under the Regulations specified 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 calculating how many fixed penalty notices a person has received, fixed penalty notices issued to that person under the following Regulations are also to be taken into account—

(a) the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 M1 ,

(b) the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 M2 ,

(c) the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 M3 ,

(d) the Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020 M4 ,

(e) the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Luton) Regulations 2020 M5 ,

(f) the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 2020 M6 ,

(g) the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020 M7 ,

(h) the Health Protection (Coronavirus, Restrictions) (North of England) Regulations 2020 M8 ,

(i) the Health Protection (Coronavirus, Restrictions) (Bolton) Regulations 2020 M9 .

(10) But no account is to be taken under paragraph (9) of any fixed penalty notice issued to that person under regulation 9 of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 in respect of the offence described in regulation 8(1) of those Regulations of contravening, without reasonable excuse, regulation 5A or 5B of those Regulations.

(11) 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).

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

(13) In any proceedings, a certificate—

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

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

(a) a constable,

(b) a police community support officer, or

(c) a person designated by the Secretary of State for the purposes of this regulation.

Commencement Information

I1 Reg. 9 in force at 15.9.2020, see reg. 1(2)

Marginal Citations

M1 S.I. 2020/350; to which there are amendments not relevant to these Regulations. S.I. 2020/350 was revoked by S.I. 2020/684, with savings.

M2 S.I. 2020/684; as amended by S.I. 2020/974 and 986. There are other amending instruments but none is relevant.

M3 S.I. 2020/750; as amended by S.I. 2020/974. There are other amending instruments but none is relevant.

M4 S.I. 2020/685; to which there are amendments not relevant to these Regulations. S.I. 2020/685 was revoked by S.I. 2020/824, with savings.

M5 S.I. 2020/800. S.I. 2020/800 was revoked by S.I. 2020/822, with savings.

M6 S.I. 2020/822; as amended by S.I. 2020/974 and 986. There are other amending instruments but none is relevant.

M7 S.I. 2020/824; as amended by S.I. 2020/974 and 986. There are other amending instruments but none is relevant.

M8 S.I. 2020/828; as amended by S.I. 2020/974 and 986. The title of the Regulations was amended by S.I. 2020/865. There are other amending instruments but none is relevant.

M9 S.I. 2020/974; as amended by S.I. 2020/986.