The Health Protection (Coronavirus, Restrictions) (Entry to Venues and Events) (England) Regulations 2021

Fixed penalty notices

17.—(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 regulation 16, 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 the authority specified in the notice.

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

(a) the local authority (or as the case may be, one 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 (see paragraphs (6) and (7));

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

(e) specify permissible methods of payment.

(6) If the fixed penalty notice is issued to a person in respect of an offence under regulation 16(2), the amount of the fixed penalty is £10,000.

(7) If the fixed penalty notice is issued to a person in respect of an offence other than an offence under regulation 16(2)—

(a) if the fixed penalty notice is the first one issued to the person, the amount of the fixed penalty is—

(i) £500, if that amount is paid before the end of the period of 14 days following the date of the notice, and

(ii) otherwise, £1,000.

(b) If the fixed penalty notice is not the first fixed penalty notice issued to the person, the amount of the fixed penalty is as follows—

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

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

(iii) if it is the fourth or subsequent fixed penalty notice so issued, £10,000.

(8) In determining how many fixed penalty notices have been issued to a person for the purposes of paragraph (7), a fixed penalty notice issued to the person under the following Regulations are to be taken into account—

(a) the Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021(1), if the notice was issued to the person in respect of a business restriction offence as defined by regulation 16(3) of those Regulations;

(b) the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020(2), if the notice was issued to the person in respect of a business restriction offence as defined by regulation 12(7) of those Regulations;

(c) the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020(3), if the notice was issued to the person in respect of a business restriction offence as defined by regulation 6(12) of those Regulations;

(d) the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020(4), if the notice was issued to the person 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) (Very High) (England) Regulations 2020(5), if the notice was issued to the person in respect of a business restriction offence as defined by regulation 6(12) of those Regulations;

(f) the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020(6), if the notice was issued to the person in respect of an offence of contravening regulation 4A or 4B of those Regulations;

(g) the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020(7), if the notice was issued to the person in respect of a business restriction offence, as defined by regulation 14(7D) of those Regulations, committed on or after 14th October 2020;

(h) the Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020(8), if the notice was issued to the person in respect of a business restriction offence, as defined by regulation 21(12) of those Regulations;

(i) the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020(9);

(j) the Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) Regulations 2020(10).

(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 authority 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—

(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) that 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—

(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) a person designated by the relevant local authority for the purposes of this regulation;

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

(1)

S.I. 2021/364, amended by S.I. 2021/455, 585, 705 and revoked by S.I. 2021/848.

(2)

S.I. 2020/1374, amended by S.I. 2020/1518, 1533, 1572, 1611, 1646, 1654, and S.I. 2021/8, 53, 97, 247, and revoked by S.I. 2021/364, with savings.

(3)

S.I. 2020/1103, which was revoked by S.I. 2020/1200, with savings.

(4)

S.I. 2020/1104, which was revoked by S.I. 2020/1200, with savings.

(5)

S.I. 2020/1105, which was revoked by S.I. 2020/1200, with savings.

(6)

S.I. 2020/684, as amended by S.I. 2020/719, 750, 788, 800, 822, 824, 828, 863, 865, 907, 974, 986, 988, 1010, 1019, 1029, 1046, 1057, 1103, 1104, 1105 and 1200. These Regulations have ceased to have effect.

(7)

S.I. 2020/750, as amended by S.I. 2020/800, 822, 824, 828, 865, 907, 974, 988, 1010, 1019, 1103 and 1200. These Regulations have ceased to have effect.

(8)

S.I. 2020/1200, amended by S.I. 2020/1242 and 1326.

(9)

S.I. 2020/1005, as amended by S.I. 2020/1045 and 1046, and revoked by S.I. 2021/848.

(10)

S.I. 2020/1008, as amended by S.I. 2020/1045, 1046 and 1074 and revoked by S.I. 2020/1046.