The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 (revoked)

Status:

Point in time view as at 08/09/2020. This version of this provision has been superseded.

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

There are currently no known outstanding effects for the The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 (revoked), Section 20.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Offences and penaltiesE+W

20.—(1) A person who—

(a)without reasonable excuse, contravenes a requirement in regulation F1... 7(1), F2... F3... 11(4) F3... [F4or 12A(1)], [F5or paragraph 5(1) of Schedule 4A,] or

(b)contravenes a requirement in regulation [F614(1), 14A(1) or 14B(1)], [F7or paragraph 3(1), 4(1) or 6(1) of Schedule 4A]

commits an offence.

(2) A person who obstructs, without reasonable excuse, any person carrying out a function under these Regulations commits an offence.

[F8(2A) A person who—

(a)without reasonable excuse, contravenes paragraph 3(1) of Schedule 5,

(b)contravenes paragraph 3(2) of that Schedule, or

(c)without reasonable excuse, removes, obscures or damages a notice or sign required to be displayed under paragraph 7(2) of that Schedule,

commits an offence.]

(3) A person who, without reasonable excuse—

(a)contravenes a direction given by an enforcement officer under regulation [F918(3A)(a),] [F1018(3C)(a),] 18(4), [F1118(4A)(a),] 18(5)(a) [F12, 18(6) or 18(6ZA)(a)], F13...

[F14(aa)contravenes a direction given by the operator of a public transport service, an employee of the operator or a person authorised by the operator, under regulation 18(3B), or]

(b)fails to comply with a compliance notice given by an enforcement officer under regulation 18(1),

commits an offence.

F15(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F16An] offence under these Regulations is punishable on summary conviction by a fine.

(5) Section 24 of the Police and Criminal Evidence Act 1984 M1 applies in relation to an offence under this regulation as if the reasons in subsection (5) included—

(a)to maintain public health;

(b)to maintain public order.

(6) If an offence under [F17these Regulations] committed by a body corporate is proved—

(a)to have been committed with the consent or connivance of an officer of the body, or

(b)to be attributable to any neglect on the part of such an officer,

the officer (as well as the body corporate) is guilty of the offence and liable to be prosecuted and proceeded against and punished accordingly.

(7) In paragraph (6), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.

(8) Proceedings for an offence under these Regulations alleged to have been committed by a partnership may be brought in the name of the partnership instead of in the name of any of the partners.

(9) Proceedings for an offence under these Regulations alleged to have been committed by an unincorporated body other than a partnership may be brought in the name of the body instead of in the name of any of its members and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a body corporate.

(10) Section 33 of the Criminal Justice Act 1925 M2 and Schedule 3 to the Magistrates' Courts Act 1980 M3 apply in proceedings for an offence brought against a partnership or an unincorporated association other than a partnership as they apply in relation to a body corporate.

(11) A fine imposed on a partnership on its conviction for an offence under these Regulations is to be paid out of the partnership assets.

(12) A fine imposed on an unincorporated association other than a partnership on its conviction for an offence under these Regulations is to be paid out of the funds of the association.

Textual Amendments

F1Word in reg. 20(1)(a) omitted (3.8.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/820), regs. 1, 2(11)(a) (with reg. 3)

F2Word in reg. 20(1)(a) omitted (25.7.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(3), 2(9)(a) (with reg. 4)

F3Words in reg. 20(1)(a) omitted (10.8.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/843), regs. 1, 2(10)(a) (with reg. 3)

F4Words in reg. 20(1)(a) inserted (27.7.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(4), 3(12)(a)(ii) (with reg. 4)

F5Words in reg. 20(1)(a) inserted (8.9.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 8) (Caerphilly) Regulations 2020 (S.I. 2020/961), regs. 1, 2(6)(a)(i)

F6Words in reg. 20(1)(b) substituted (28.8.2020 at 12.01 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 7) Regulations 2020 (S.I. 2020/912), regs. 1, 2(9)(a) (with reg. 3)

F7Words in reg. 20(1)(b) inserted (8.9.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 8) (Caerphilly) Regulations 2020 (S.I. 2020/961), regs. 1, 2(6)(a)(ii)

F8Reg. 20(2A) inserted (10.8.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/843), regs. 1, 2(10)(b) (with reg. 3)

F9Word in reg. 20(3)(a) inserted (27.7.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(4), 3(12)(b)(i) (with reg. 4)

F10Word in reg. 20(3)(a) inserted (8.9.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 8) (Caerphilly) Regulations 2020 (S.I. 2020/961), regs. 1, 2(6)(b)(i)

F11Word in reg. 20(3)(a) inserted (8.9.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 8) (Caerphilly) Regulations 2020 (S.I. 2020/961), regs. 1, 2(6)(b)(ii)