PART 5Enforcement
Amount of fixed penalty: business restriction offences16
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 202049, 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 202050, 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 202051, 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 202052, 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 202053, 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 202054, 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 202055, 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 202056;
i
the Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) Regulations 202057.
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;