The Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (revoked)

Fixed penalty noticesE+W

7.—(1) An authorised person may issue a fixed penalty notice to anyone that the authorised person has reasonable grounds to believe—

(a)has committed an offence under these Regulations, and

(b)is aged 18 or over.

(2) A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to an officer designated by the Secretary of State for the purposes of this regulation (“the designated officer”) specified in the notice.

(3) Where a person is issued with a notice under this regulation in respect of an offence—

(a)no proceedings may be taken for the offence before the end of the period of 28 days following the date of the notice,

(b)the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.

(4) A fixed penalty notice must—

(a)give reasonably detailed particulars of the circumstances alleged to constitute the offence,

(b)state the period during which (because of paragraph (3)(a)) proceedings will not be taken for the offence,

(c)specify the amount of the fixed penalty,

(d)state the name and address of the person to whom the fixed penalty may be paid, and

(e)specify permissible methods of payment.

(5) Where the fixed penalty notice is issued in respect of an offence described in regulation [F16(1)(c)], [F2except in so far as it relates to Schedule B1A,] or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to regulation 4 or 5 [F3other than paragraph (1B) and other than in relation to Schedule B1A], then the amount specified under paragraph (4)(c) must be £1,000.

[F4(5A) Where the fixed penalty notice is issued to a person in respect of an offence described in regulation 6(1)(b) [F5other than an offence in respect of a requirement in Schedule B1A (additional measures)], then the amount specified under paragraph (4)(c) must be—

(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.

[F6(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.]

(5B) In determining how many fixed penalty notices a person (“P”) has received for the purposes of paragraph 5A, if P received more than one fixed penalty notice for an offence described in regulation 6(1)(b) of these Regulations before 2nd October 2020, only one of those notices may be taken into account.]

(6) [F7Subject to paragraph (5AB)] where the fixed penalty notice is issued in respect of an offence described in regulation 6(1)(a) or (3), or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to regulation 3 (an “information offence”), then the amount specified under paragraph (4)(c) must be—

(a)in the case of the first fixed penalty notice issued in respect of an information offence, [F8£500],

(b)in the case of the second fixed penalty notice issued in respect of an information offence, [F9£1,000],

(c)in the case of the third fixed penalty notice issued in respect of an information offence, [F10£2,000],

[F11(d)in the case of the fourth and subsequent fixed penalty notices issued in respect of an information offence, £4,000.]

F12(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(6A) Where the fixed penalty notice is issued to a person in respect of an offence described in regulation 6(1)(aa), or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to regulation 3A, then the amount specified under paragraph (4)(c) must be—

(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 notice, £4,000.]

[F14(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.]

[F15(6B) In determining how many fixed penalty notices a person (“P”) has received in respect of an information offence for the purposes of paragraph (6), no account is to be taken of any such fixed penalty notice issued to P before 4.00 a.m. on 18th January 2021.]

(7) Whatever other method may be specified under paragraph (4)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under paragraph (4)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

(8) Where a letter is sent as described in paragraph (7), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(9) In any proceedings, a certificate that—

(a)purports to be signed by or on behalf of the designated officer, and

(b)states that the payment of a fixed penalty was, or was not, received by the date specified in the certificate,

is evidence of the facts stated.

(10) For the purposes of this regulation, “authorised person” means—

(a)a constable,

(b)an immigration officer, but only in relation to the issue of a fixed penalty notice in respect of an information offence [F16or an offence described in [F176(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)]], or

(c)a person designated by the Secretary of State for the purposes of this regulation.