SCHEDULE 3Consequential and other amendments and transitional and saving provisions

PART 1Consequential and other amendments

Amendments of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020I12

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.