The Prosecution of Offences Act 1985 (Specified Proceedings) (Coronavirus) (Amendment) Order 2021

Statutory Instruments

2021 No. 126

Criminal Law, England And Wales

The Prosecution of Offences Act 1985 (Specified Proceedings) (Coronavirus) (Amendment) Order 2021

Made

5th February 2021

Laid before Parliament

8th February 2021

Coming into force

9th February 2021

The Attorney General makes the following Order in exercise of the powers conferred by section 3(3) of the Prosecution of Offences Act 1985(1).

Citation and commencement

1.  This Order may be cited as the Prosecution of Offences Act 1985 (Specified Proceedings) (Coronavirus) (Amendment) Order 2021 and comes into force on the day after the day on which it is laid before Parliament.

Amendment of the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999

2.—(1) The Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999(2) is amended as follows.

(2) In the Schedule (offences proceedings for which are specified by article 3(1)), after paragraph 16C(3) insert—

“16D.   The offences under the Health Protection (Coronavirus, International Travel) (England) Regulations 2020(4).

16E.   The offences under the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020(5).

16F.   The offences under the Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020(6).

16G.   The offences under the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020(7).

16H.   The offences under the Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020(8).

16I.   The offences under the Health Protection (Coronavirus, Restrictions) (No. 2) (Wales) Regulations 2020(9).

16J.   The offences under the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020(10).

16K.   The offences under the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020(11).

16L.   The offences under the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 2020(12).

16M.   The offences under the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020(13).

16N.   The offences under the Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) Regulations 2020(14).

16O.   The offences under the Health Protection (Coronavirus, Restrictions) (Birmingham, Sandwell and Solihull) Regulations 2020(15).

16P.   The offences under the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020(16).

16Q.   The offences under the Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) Regulations 2020(17).

16R.   The offences under the Health Protection (Coronavirus, Restrictions) (North East and North West of England) (Regulations) 2020(18).

16S.   The offences under the Health Protection (Coronavirus, Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020(19).

16T.   The offences under the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020(20).

16U.   The offences under the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020(21).

16V.   The offences under the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020(22).

16W.   The offences under the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020(23).

16X.   The offences under the Health Protection (Coronavirus, Restrictions) (No. 3) (Wales) Regulations 2020(24).

16Y.   The offences under the Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020(25).

16Z.   The offences under the Health Protection (Coronavirus, Restrictions) (No. 4) (Wales) Regulations 2020(26).

16Z1.   The offences under the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020(27).

16Z2.   The offences under the Health Protection (Coronavirus, Restrictions) (No. 5) (Wales) Regulations 2020(28).”

Suella Braverman

Attorney General

5th February 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under section 3 of the Prosecution of Offences Act 1985 (c. 23). Section 3 sets out the functions of the Director of Public Prosecutions. These include taking over the conduct of all criminal proceedings instituted on behalf of a police force, unless the proceedings are specified in an Order made by the Attorney General under section 3(3).

The Schedule to the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999 (S.I. 1999/904) specifies certain such proceedings. This Order amends that Schedule by specifying further offences for the purposes of section 3(3) of the Prosecution of Offences Act 1985. The offences are those under emergency health (COVID-19) regulations.

A full impact assessment has not been produced for this Order as no impact on the private or voluntary sectors is foreseen.

(1)

1985 c. 23. See definition of “specified proceedings” in subsection (3). There are amendments to section 3 but none is relevant.

(2)

S.I. 1999/904 to which there are amendments but none is relevant.

(3)

Paragraph 16C was inserted by article 2 of S.I. 2020/562.

(4)

S.I. 2020/568; a relevant amendment was made by regulation 2 of S.I. 2020/1337.

(5)

S.I. 2020/574.

(6)

S. I. 2020/592.

(7)

S.I. 2020/684 which expired on 3 January 2021 with savings.

(8)

S.I. 2020/685 revoked by S.I. 2020/824 with savings for offences under S.I. 2020/685.

(9)

S.I. 2020/725 revoked by S.I. 2020/1149 with savings for offences under S.I. 2020/725 by virtue of section 34 of the Legislation (Wales) Act 2019 (anaw 4).

(10)

S.I. 2020/750.

(11)

S.I. 2020/791; a relevant amendment was made by S.I. 2020/1021.

(12)

S.I. 2020/822; relevant amendments were made by S.I. 2020/828 and 986. S.I. 2020/822 was revoked by S.I. 2020/1019 with savings for offences under S.I. 2020/822.

(13)

S.I. 2020/824 revoked by S.I. 2020/1104 with savings for offences under S.I. 2020/824.

(14)

S.I. 2020/828 revoked by S.I. 2020/1104 with savings for offences under S.I. 2020/828.

(15)

S.I. 2020/988 revoked by S.I. 2020/1104 with savings for offences under S.I. 2020/988.

(16)

S.I. 2020/1005; relevant amendments were made by S.I. 2020/1045.

(17)

S.I. 2020/1008; relevant amendments were made by S.I. 2020/1046.

(18)

S.I. 2020/1010 revoked by S.I. 2020/1104 with savings for offences under S.I. 2020/1010.

(19)

S.I. 2020/1011; relevant amendments were made by S.I. 2020/1100.

(20)

S.I. 2020/1045; relevant amendments were made by S.I. 2020/1375.

(21)

S.I. 2020/1103 revoked by S.I. 2020/1200 with savings for offences under S.I. 2020/1103.

(22)

S.I. 2020/1104 revoked by S.I. 2020/1200 with savings for offences under S.I. 2020/1104.

(23)

S.I. 2020/1105 revoked by S.I. 2020/1200 with savings for offences under S.I. 2020/1105.

(24)

S.I. 2020/1149 which expired on 8 November 2020 with savings for offences under S.I. 2020/1149 by virtue of section 34 of the Legislation (Wales) Act 2019 (anaw 4).

(25)

S.I. 2020/1200 revoked by S.I. 2020/1374 with savings for offences under S.I. 2020/1200.

(26)

S.I. 2020/1219 revoked, so far as is relevant by S.I. 2020/1609, with savings for offences under S.I. 2020/1219 by virtue of section 34 of the Legislation (Wales) Act 2019 (anaw 4).

(27)

S.I. 2020/1374; relevant amendments were made by S.I. 2020/1610.

(28)

S.I. 2020/1609; relevant amendments were made by S.I. 2020/1623 and 1645 and 2021/20 and 46.