This is the original version (as it was originally made).
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)”.
The words “regulation 6(1)(2)” were substituted by S.I. 2020/1070.
Paragraph (5A) was inserted by regulation 2(3)(b) of S.I. 2020/1070.
Paragraph (6A) was inserted by regulation 3(5)(b) of S.I. 2021/38.
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