The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 7) Regulations 2021

Amendment to regulation 7

12.  In regulation 7 (fixed penalty notices)—

(a) in paragraph (5)—

(i) after “regulation 6(1)(c),”(1) 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)(2), 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)(3) 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)”.

(1)

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

(2)

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

(3)

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