2.—(1) Regulation 14 of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 is amended as follows.
(2) In paragraph (5)(c), for “and (7)” substitute “ to (7D) ”.
(3) In paragraph (6)—
(a)in the words before sub-paragraph (a), after “penalty is” insert “ (subject to paragraphs (7A) and (7B)) ”;
(b)in sub-paragraph (a), for “£50” substitute “ £100 ”;
(c)in sub-paragraph (b), for “£100” substitute “ £200 ”.
(4) In paragraph (7)—
(a)in the words before sub-paragraph (a), after “penalty is” insert “ (subject to paragraphs (7A) and (7B)) ”;
(b)in sub-paragraph (a), for “£200” substitute “ £400 ”;
(c)in sub-paragraph (b), for “£400” substitute “ £800 ”;
(d)in sub-paragraph (c), for “£800” substitute “ £1,600 ”;
(e)in sub-paragraph (d), for “£1,600” substitute “ £3,200 ”;
(f)in sub-paragraph (e), for “£3,200” substitute “ £6,400 ”.
(5) After paragraph (7) insert—
“(7A) Paragraphs (6) and (7) do not apply in the case of a fixed penalty notice issued to the person in respect of a business restriction offence.
(7B) In the case of a fixed penalty notice issued to the person in respect of a business restriction offence, the amount of the fixed penalty is as follows—
(a)if it is the first fixed penalty notice so issued, £1,000,
(b)if it is the second fixed penalty notice so issued, £2,000,
(c)if it is the third fixed penalty notice so issued, £4,000,
(d)if it is the fourth fixed penalty notice so issued and for any subsequent fixed penalty so issued, £10,000.
(7C) For the purposes of determining how many fixed penalty notices a person has received for the purposes of paragraph (7B), a fixed penalty notice issued to the person under the following Regulations is to be treated as if it were issued in respect of a business restriction offence—
(a)the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020, if the notice was issued in respect of an offence of contravening regulation 4A or 4B of those Regulations;
(b)the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020;
(c)the Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) Regulations 2020;
(d)the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020, if the notice was issued in respect of a business restriction offence as defined by regulation 6(12) of those Regulations;
(e)the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020, if the notice was issued in respect of a business restriction offence as defined by regulation 6(12) of those Regulations;
(f)the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020, if the notice was issued in respect of a business restriction offence as defined by regulation 6(12) of those Regulations.
(7D) In this regulation, unless otherwise specified “business restriction offence” means—
(a)an offence under regulation 13(1)(a), (b) or (c), or
(b)an offence under regulation 13(1)(e) of failing to comply with a prohibition notice given under regulation 12(2) or of contravening a direction given under regulation 12(3)(a).”.
(6) For paragraph (8) substitute—
“(8) In this regulation “relevant enactment” means—
(a)the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020;
(b)the Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020;
(c)these Regulations, other than notices issued in respect of a business restriction offence committed on or after 14th October 2020;
(d)the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Luton) Regulations 2020;
(e)the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 2020;
(f)the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020;
(g)the Health Protection (Coronavirus, Restrictions) (North of England) Regulations 2020;
(h)the Health Protection (Coronavirus, Restrictions) (Bolton) Regulations 2020;
(i)the Health Protection (Coronavirus, Restrictions) (Birmingham, Sandwell and Solihull) Regulations 2020;
(j)the Health Protection (Coronavirus, Restrictions) (North East and North West of England) Regulations 2020;
(k)the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020;
(l)the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020;
(m)the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020.”.
(7) For paragraph (8A) substitute—
“(8A) For the purposes of determining how many fixed penalty notices have been issued to a person under the relevant enactments, no account is to be taken of any fixed penalty notice issued to that person under—
(a)these Regulations, if the notice was issued to the person in respect of a business restriction offence committed on or after 14th October 2020;
(b)the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020, if the notice was issued to the person in respect of an offence of contravening a restriction or requirement imposed by regulation 5A or 5B of those Regulations;
(c)the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020, if the notice was issued to the person in respect of a business restriction offence as defined by regulation 6(12) of those Regulations or an offence of contravening a restriction or requirement imposed by paragraph 2 of Schedule 1 to those Regulations;
(d)the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020, if the notice was issued to the person in respect of a business restriction offence as defined by regulation 6(12) of those Regulations or an offence of contravening a restriction or requirement imposed by paragraph 3 of Schedule 1 to those Regulations;
(e)the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020, if the notice was issued to the person in respect of a business restriction offence as defined by regulation 6(12) of those Regulations or an offence of contravening a restriction or requirement imposed by paragraph 3 of Schedule 1 to those Regulations.”.
Commencement Information
I1Sch. 3 para. 2 in force at 14.10.2020, see reg. 1(2)