The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021

Amount of fixed penalty: business restriction offences

16.—(1) In the case of a fixed penalty notice issued to a person in respect of a business restriction offence, the amount of the fixed penalty to be specified under regulation 12(5)(c) is—

(a) £1,000, if the fixed penalty notice is the first one issued to the person in respect of a business restriction offence;

(b) £2,000, if the fixed penalty notice is the second one issued to the person in respect of a business restriction offence;

(c) £4,000, if the fixed penalty notice is the third one issued to the person in respect of a business restriction offence;

(d) £10,000, if the fixed penalty notice is the fourth one, or any subsequent one, issued to the person in respect of a business restriction offence.

(2) In determining how many fixed penalty notices have been issued to a person for the purposes of paragraph (1), 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) (All Tiers) (England) Regulations 2020(1), if the notice was issued to the person in respect of a business restriction offence as defined by regulation 12(7) of those Regulations;

(b) the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020(2), if the notice was issued to the person in respect of a business restriction offence as defined by regulation 6(12) of those Regulations;

(c) the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020(3), if the notice was issued to the person in respect of a business restriction offence as defined by regulation 6(12) of those Regulations;

(d) the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020(4), if the notice was issued to the person in respect of a business restriction offence as defined by regulation 6(12) of those Regulations;

(e) the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020(5), if the notice was issued to the person in respect of an offence of contravening regulation 4A or 4B of those Regulations;

(f) the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020(6), if the notice was issued to the person in respect of a business restriction offence, as defined by regulation 14(7D) of those Regulations, committed on or after 14th October 2020;

(g) the Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020(7), if the notice was issued to the person in respect of a business restriction offence, as defined by regulation 21(12) of those Regulations;

(h) the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020(8);

(i) the Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) Regulations 2020(9).

(3) In this regulation, unless otherwise specified “business restriction offence” means—

(a) an offence under regulation 11(1)(a) of contravening—

(i) a Step 1 restriction imposed by Part 2 of Schedule 1;

(ii) a Step 2 restriction imposed by Part 2 of Schedule 2;

(iii) a Step 3 restriction imposed by Part 2 of Schedule 3;

(b) an offence under regulation 11(1)(d) of failing to comply with a prohibition notice given under regulation 10.

(1)

S.I. 2020/1374, amended by S.I. 2020/1518, 1533, 1572, 1611, 1646, 1654, and S.I. 2021/8, 53, 97, 247.

(2)

S.I. 2020/1103, which was revoked by S.I. 2020/1200, with savings.

(3)

S.I. 2020/1104, which was revoked by S.I. 2020/1200, with savings.

(4)

S.I. 2020/1105, which was revoked by S.I. 2020/1200, with savings.

(5)

S.I. 2020/684, as amended by S.I. 2020/719, 750, 788, 800, 822, 824, 828, 863, 865, 907, 974, 986, 988, 1010, 1019, 1029,1046, 1057, 1103, 1104, 1105 and 1200.

(6)

S.I. 2020/750, as amended by S.I. 2020/800, 822, 824, 828, 865, 907, 974, 988, 1010, 1019, 1103 and 1200.

(7)

S.I. 2020/1200, amended by S.I. 2020/1242 and 1326.

(8)

S.I. 2020/1005, as amended by S.I. 2020/1045 and 1046.

(9)

S.I. 2020/1008, as amended by S.I. 2020/1045, 1046 and 1074.