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.