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The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021

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This is the original version (as it was originally made).

Regulation 20(4)(c)

SCHEDULE 14Amounts of fixed penalties

This schedule has no associated Explanatory Memorandum

Amounts of fixed penalties

1.  The amounts specified for the purposes of regulation 20(4)(c) are the amounts specified in paragraphs 2 to 17 in relation to the offences described in each paragraph.

Regulation 19(1)(a)

2.  Breach of regulation 3(1), (2) (3) (5), (7) or (8) (without reasonable excuse fail to provide passenger information, or evidence of having provided passenger information, or to update passenger information)—

(a)in the case of the first fixed penalty notice, £500;

(b)in the case of the second fixed penalty notice, £1,000;

(c)in the case of the third fixed penalty notice, £2,000;

(d)in the case of the fourth and subsequent fixed penalty notices, £4,000.

Regulation 19(6)

3.  Breach of regulation 19(6) (intentionally or recklessly provide false passenger information)—

(a)if the offence consists of the intentional or reckless provision of false or misleading passenger information relating to the person’s travel history in relation to a category 3 country or territory), £10,000;

(b)in any other case—

(i)in the case of the first fixed penalty notice, £500,

(ii)in the case of the second fixed penalty notice, £1,000,

(iii)in the case of the third fixed penalty notice, £2,000,

(iv)in the case of the fourth and subsequent fixed penalty notices, £4,000.

Regulation 19(1)(b)

4.  Breach of regulation 4 (1), (2), (3) or (4) (without reasonable excuse fail to possess or produce evidence of negative test result on arrival)—

(a)in the case of the first fixed penalty notice, £500;

(b)in the case of the second fixed penalty notice, £1,000;

(c)in the case of the third fixed penalty notice, £2,000;

(d)in the case of the fourth and subsequent fixed penalty notices, £4,000.

Regulation 19(1)(c)

5.  Breach of regulation 6 (requirement to book and undertake tests)—

(a)in the case of a fixed penalty notice issued in respect of a failure to possess a testing package in accordance with regulation 6(3), £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 6(4), £2,000;

(c)in the case of a fixed penalty notice issued in respect of a failure to obtain a testing package for a child in accordance with regulation 6(5), £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 6(6) or (8), £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 6(6) or (8), £2,000;

(f)regulation 6(11) (duty to provide evidence), £1,000.

Regulation 19(1)(d)

6.  Breach of regulation 7(2), (3) or (9) (requirement to undertake workforce tests)—

(a)in the case of a first fixed penalty notice, £1,000;

(b)in the case of a second fixed penalty notice, £2,000;

(c)in the case of a third and subsequent fixed penalty notice, £3,000.

Regulation 19(1)(e)

7.  Breach of regulation 8(2), (3), (4), (5), (7), (9), (10), (12) or (13) (requirement for offshore workers to undertake tests)—

(a)in the case of a first fixed penalty notice, £1,000;

(b)in the case of a second fixed penalty notice, £2,000;

(c)in the case of a third and subsequent fixed penalty notice, £3,000.

Regulation 19(1)(f)

8.  Breach of regulation 9(2), (7) or (13) (requirement to self-isolate, travel to place of self-isolation or require child to self-isolate or travel to place of self-isolation)—

(a)in the case of the first fixed penalty notice, £1,000;

(b)in the case of the second fixed penalty notice, £2,000;

(c)in the case of the third fixed penalty notice, £4,000;

(d)in the case of the fourth and subsequent fixed penalty notice, £10,000.

Regulation 19(1)(g)

9.  Breach of requirement in or imposed under regulation 11 (self-isolation directions) unless the requirement relates to Schedule 11 (additional measures applicable to arrivals from category 3 countries or territories), £1,000.

Regulation 19(1)(h)

10.  Breach of a requirement in or imposed under regulation 11 (self-isolation directions) where the requirement relates to Schedule 11, £10,000.

Regulation 19(1)(i) and (j)

11.  Breach of a requirement in Schedule 11 except under paragraph 3 of that Schedule—

(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.

Regulation 19(1)(j)

12.  Breach of a requirement in paragraph 3 of Schedule 11, £10,000

Regulation 19(1)(k)

13.  Breach of a requirement in paragraph 4 of Schedule 9 (employers’ obligations relating to workforce tests)—

(a)in the case of the first fixed penalty notice, £1,000;

(b)in the case of the second fixed penalty notice, £2,000;

(c)in the case of the third fixed penalty notice, £4,000;

(d)in the case of the fourth and subsequent fixed penalty notice, £10,000.

Regulation 19(7)(a)

14.  Breach of requirement under regulation 13(1) (passenger information requirement by operator), £4,000.

Regulation 19(7)(b) to (d)

15.  Breach of requirement under regulation 16(1), 17(1) or 18(1) (other operator offences), £2,000.

Regulation 19(13)

16.  Breach of requirement under regulation 15 (operator records and information), £500.

Regulation 19(14)

17.  Breach of regulation 19(14) (wilful obstruction of a person carrying out a function under these Regulations)—

(a)obstruction of a function relating to regulation 3—

(i)in the case of the first fixed penalty notice, £500,

(ii)in the case of the second fixed penalty notice, £1,000,

(iii)in the case of the third fixed penalty notice, £2,000,

(iv)in the case of the fourth and subsequent fixed penalty notices, £4,000,

with no account taken of any fixed penalty notices given before 4.00 a.m. on 18th January 2021;

(b)obstruction of a function relating to regulation 4—

(i)in the case of the first fixed penalty notice, £500,

(ii)in the case of the second fixed penalty notice, £1,000,

(iii)in the case of the third fixed penalty notice, £2,000,

(iv)in the case of the fourth and subsequent fixed penalty notices, £4,000;

(c)obstruction of a function relating to regulations 9 or 11 apart from regulation 11(3), £1,000;

(d)obstruction of a function relating to regulation 11(3) or in relation to regulation 10—

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

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

(iii)in the case of the third and subsequent fixed penalty notice, £10,000;

(e)in any other case, £500.

18.  In determining how many fixed penalty notices a person (“P”) has received for the purposes of paragraph 8 (breach of requirement in regulation 9 to self-isolate etc), if P received more than one fixed penalty notice for that offence before 2nd October 2020, only one of those notices may be taken into account.

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