Amendment to regulation 7 E+W

12.  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) ”.

Commencement Information

I1 Reg. 12 in force at 15.2.2021 at 4.00 a.m., see reg. 1(1)

Marginal Citations

M1 The words “regulation 6(1)(2)” were substituted by S.I. 2020/1070.

M2 Paragraph (5A) was inserted by regulation 2(3)(b) of S.I. 2020/1070.

M3 Paragraph (6A) was inserted by regulation 3(5)(b) of S.I. 2021/38.