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The Health Protection (Coronavirus, Wearing of Face Coverings) (Amendment No. 4) Regulations (Northern Ireland) 2020

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Regulations made by the Department of Health and laid before the Assembly under section 25Q (Emergency procedure) of the Public Health Act (Northern Ireland) 1967, for approval of the Assembly before the expiration of 28 days beginning with the day on which they are made.

Statutory Rules of Northern Ireland

2020 No. 253

Public Health

The Health Protection (Coronavirus, Wearing of Face Coverings) (Amendment No. 4) Regulations (Northern Ireland) 2020

Made

at 5.30 p.m. on 12th November 2020

Laid before the Assembly

at 9.00 a.m. on 13th November 2020

Coming into operation in accordance with regulation 1(2)

The Department of Health(1), makes the following Regulations in exercise of the powers conferred by sections 25C(1), (3)(c), (4)(d) and 25F(2) of the Public Health Act (Northern Ireland) 1967(2).

These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Northern Ireland.

The Department of Health considers that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.

In accordance with section 25Q of that Act the Department of Health is of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft having been laid before, and approved by a resolution of, the Assembly.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Wearing of Face Coverings) (Amendment No.4) Regulations (Northern Ireland) 2020.

(2) These Regulations come into operation at the time that they are made.

Amendment of the Health Protection (Coronavirus, Wearing of Face Coverings) Regulations (Northern Ireland) 2020

2.—(1) Regulation 8 (fixed penalty notices) of the Health Protection (Coronavirus, Wearing of Face Coverings) Regulations (Northern Ireland) 2020(3) is amended in accordance with this regulation.

(2) In paragraph (6) for “£60” substitute “£200”.

(3) For paragraph (7) substitute—

(7) A fixed penalty notice must specify that if £100 is paid before the end of the period of 14 days following the date of that notice, that is the amount of the fixed penalty.

(7A) A person shall not be issued with a fixed penalty notice for a further breach of a particular requirement under these Regulations where that person has already been issued with such a notice in respect of a previous breach of that particular requirement.

Sealed with the Official Seal of the Department of Health at 5.30 pm on 12th November 2020

(L.S.)

Robin Swann

Minister of Health

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Coronavirus, Wearing of Face Coverings) Regulations (Northern Ireland) 2020 to provide for a simplified fixed penalty regime whereby the amount of a fixed penalty shall be £200 or, if paid within a period of 14 days of issue of such a notice, £100 and to provide that the recipient of a fixed penalty notice cannot be issued with another one in respect of the same offence.

No regulatory impact assessment has been prepared for the Regulations.

(1)

Formerly the Department of Health, Social Services and Public Safety; see 2016 c. 5 (N.I.), s. 1(5)

(2)

1967 c. 36 (N.I.). Part 1A was inserted by section 48 of, and Schedule 18 to, the Coronavirus Act 2020 (c. 7)

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