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The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020

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Fixed penalty notices

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12.—(1) An authorised person may issue a fixed penalty notice to anyone that the authorised person reasonably believes has committed an offence under these Regulations.

(2) If 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 beginning with the day after 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.

(3) 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 (2)(a)) proceedings will not be taken for the offence,

(c)specify the amount of the fixed penalty (as to which, see paragraphs (4) to (8)),

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

(e)specify permissible methods of payment.

(4) Subject to paragraph (5), where a fixed penalty notice is issued in respect of offences described in regulation 11(1), of contravening, without reasonable excuse, a requirement in regulation 2 or regulation 11(7)—

(a)if the fixed penalty notice is the first issued to the person under these Regulations, the amount of the fixed penalty notice is £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 notice so issued, £10,000.

(5) For an offence under regulation 11(2), the amount of the fixed penalty notice is—

(a)if the fixed penalty notice is the first issued to the person, £4,000,

(b)if it is the second or subsequent fixed penalty notice so issued, £10,000.

(6) Where a fixed penalty notice is issued in respect of offences described in regulation 11(1) or 11(8) of contravening, without reasonable excuse, a requirement in regulation 7—

(a)if the fixed penalty notice is the first issued to the person for contravening, without reasonable excuse, a requirement in regulation 7, the amount of the fixed penalty is £1,000.

(b)if the fixed penalty notice is the second fixed penalty notice issued to the person for contravening, without reasonable excuse, a requirement in regulation 7, the amount of the fixed penalty is £2,000.

(c)if the fixed penalty notice is the third fixed penalty notice issued to the person for contravening, without reasonable excuse, a requirement in regulation 7, the amount of the fixed penalty is £4,000.

(d)if the fixed penalty notice is the fourth or a subsequent fixed penalty notice issued to the person for contravening, without reasonable excuse, a requirement in regulation 7, the amount of the fixed penalty is £10,000.

(7) Where a fixed penalty notice is issued in respect of offences described in regulation 11(1) or 11(8) of contravening, without reasonable excuse, a requirement in regulation 8 or 9(2), the amount of the fixed penalty is £50.

(8) Where a fixed penalty notice is issued in respect of offences described in regulation 11(1) or 11(8) of contravening, without reasonable excuse, a requirement in regulation 9(4) or 9(6), the amount of the fixed penalty is £1,000.

(9) Whatever other method may be specified under paragraph (3)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under paragraph (3)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

(10) If a letter is sent as mentioned in paragraph (9), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(11) In any proceedings, a certificate that—

(a)purports to be signed by or on behalf of—

(i)the person with responsibility for the local authority’s financial affairs of the local authority to which payment is made, or

(ii)the designated officer where payment is made to that 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 fact stated.

(12) In this regulation—

“authorised person” means—

(a)

a constable;

(b)

a police community support officer;

(c)

a person designated by the Secretary of State for the purposes of this regulation;

(d)

an officer designated by the relevant local authority for the purposes of this regulation;

“designated officer” means an officer designated by the Secretary of State, or by the relevant local authority, for the purposes of this this regulation;

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–

(a)

the relevant local authority, or

(b)

the designated officer;

“the relevant local authority” means the local authority, (or as the case may be, any of the local authorities), in whose area an offence under these Regulations is alleged to have been committed.

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