Amendment to regulation 712.

In regulation 7 (fixed penalty notices)—

(a)

in paragraph (5)—

(i)

after “regulation 6(1)(c),”M1 insert “ except in so far as it relates to Schedule B1A, ”,

(ii)

after “regulation 4 or 5” insert “ other than paragraph (1B) and other than in relation to Schedule B1A ”

(b)

in paragraph (5A) M2, after “regulation 6(1)(b)” insert “ other than an offence in respect of a requirement in Schedule B1A (additional measures) ”;

(c)

after paragraph (5A) insert—

“(5AA)

Where the fixed penalty notice is issued to a person in respect of an offence described in regulation 6(1)(b) (for contravention in respect of a requirement in Schedule B1A except under paragraph 3 or 5), or an offence described in regulation 6(1)(c) (for contravention of a requirement in or imposed under regulation 5 in so far as it relates to Schedule B1A or regulation 5(1B)), or regulation 6(1)(d) or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to Schedule B1A, regulation 5 in so far as it relates to that Schedule or regulation 5(1B), then the amount specified under paragraph (4)(c) must be—

(a)

in the case of the first fixed penalty notice, £5,000,

(b)

in the case of the second fixed penalty notice, £8,000,

(c)

in the case of the third and subsequent fixed penalty notice, £10,000.

(5AB)

Where the fixed penalty notice is issued to a person in respect of an offence described in regulation 6(1)(b) in respect of the requirement under paragraph 3 of Schedule B1A, or an additional measures offence under regulation 6(3), then the amount specified under paragraph (4)(c) must be £10,000.

(5AC)

In paragraph (5AB) “an additional measures offence” means the intentional or reckless provision of false or misleading passenger information relating to the person's travel history in relation to a country or territory listed in Schedule B1.”;

(d)

in paragraph (6), at the beginning insert “ Subject to paragraph (5AB) ”;

(e)

after paragraph (6A) M3 insert—

“(6ZB)

Where the fixed penalty notice is issued to a person in respect of an offence described in regulation 6(1)(ab), then the amount specified under paragraph (4)(c) must be—

(a)

in the case of a fixed penalty notice issued in respect of a failure to possess a testing package in accordance with regulation 3B(2), £1,000,

(b)

in the case of a fixed penalty notice issued in respect of a failure to obtain a testing package in accordance with regulation 3B(3), £2,000,

(c)

in the case of a fixed penalty notice issued in respect of a failure to obtain a testing package in accordance with regulation 3B(4), £1,000,

(d)

in the case of the first fixed penalty notice issued in respect of a failure to undertake a test in accordance with regulation 3B(5) or (7), £1,000,

(e)

in the case of the second fixed penalty notice issued in respect of a failure to undertake a test in accordance with regulation 3B(5) or (7), £2,000.”;

(f)

in paragraph (10)(b) for “regulation 6(1)(aa)” substitute “ 6(1)(a), 6(1)(aa), 6(1)(ab), 6(1)(b) (for failure to comply with a requirement under Schedule B1A), 6(1)(d), 6(2) and 6(3) ”.