xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

PART 3E+W

EnforcementE+W

10.—(1) Where an authorised person considers that P is away from the place that they are self-isolating in contravention of [F1regulation 2A or 2B], the authorised person may—

(a)direct P to return to the place where they are self-isolating, or

(b)[F2where the authorised person is a constable,] remove P to the place [F3where] they are self-isolating.

(2) [F4A constable] exercising the power in paragraph (1)(b) may use reasonable force, if necessary, in exercise of the power.

(3) Where P is a child and has left, or is outside of, the place where they are self-isolating and is accompanied by R—

(a)an authorised person may direct R to take P to the place where P is self-isolating; and

(b)R must, so far as reasonably practicable, ensure that P complies with any direction given by an authorised person to P.

(4) Where P is a child and an authorised person has reasonable grounds to believe that P is repeatedly failing to comply with [F5regulation 2A F6... F7...], the authorised person may direct R to ensure, so far as reasonably practicable, that P so complies.

(5) An authorised person may only exercise a power in paragraph (1), (3) or (4) if the authorised person considers that it is a necessary and proportionate means of ensuring compliance with [F8regulation 2A or 2B].

(6) For the purposes of this regulation “authorised person” means—

(a)a constable,

(b)a police community support officer.

F9(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I1Reg. 10 in force at 28.9.2020, see reg. 1(2)

OffencesE+W

11.—(1) A person who contravenes a requirement in [F10regulation 2A, 2B], 7, 8 or 9 without reasonable excuse commits an offence.

(2) A person who contravenes a requirement to self-isolate under [F11regulation 2A or 2B] without reasonable excuse and in doing so—

(a)has reason to believe they will come into close contact with another person or group;

(b)does then come into close contact with another person or group;

(c)is reckless as to the consequences of that close contact for the health of that other person or group;

commits an offence.

(3) A person who obstructs, without reasonable excuse, any person carrying out a function under these Regulations, including any person who is an authorised person for the purposes of regulation 10 commits an offence.

(4) A person who, without reasonable excuse, contravenes a requirement in or imposed by, regulation 10 commits an offence.

(5) An offence under these Regulations is punishable on summary conviction by a fine.

(6) Section 24 of the Police and Criminal Evidence Act 1984 applies in relation to an offence under this regulation as if the reasons in subsection (5) of that section included—

(a)to maintain public health;

(b)to maintain public order.

(7) A person who knowingly—

(a)gives false information pursuant to [F12regulation 2A(2)(b), 2A(3)(b), 2A(7) or 2B(4)] [F13(as the case may be)]; or

(b)falsely states, when asked by a [F14relevant person], to that person that someone is a close contact of a person who has tested positive for coronavirus,

commits an offence.

(8) If an offence under this regulation committed by a body corporate is proved—

(a)to have been committed with the consent or connivance of an officer of the body, or

(b)to be attributable to any neglect on the part of such an officer,

the officer (as well as the body corporate) is guilty of the offence and liable to be prosecuted and proceeded against and punished accordingly.

(9) In paragraph (5), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.

(10) In paragraph (2), “close contact” has the same meaning as in Part 1 of these Regulations.

[F15(11) In paragraph (7), “relevant person” has the same meaning as in Part 1 of these Regulations.]

Textual Amendments

Commencement Information

I2Reg. 11 in force at 28.9.2020, see reg. 1(2)

Fixed penalty noticesE+W

12.—[F16(1) An authorised person may issue a fixed penalty notice to any person that the authorised person reasonably believes—

(a)has committed an offence under these Regulations, and

(b)is (in the case of an individual) aged 18 or over.]

(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 [F17(8C)]),

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

(e)specify permissible methods of payment.

[F18(4) In the case of a fixed penalty notice issued to an individual in respect of an offence mentioned in paragraph (5), the amount of the fixed penalty to be specified under paragraph (3)(c) is as follows—

(a)if the fixed penalty notice is the first one issued to that individual in respect of such an offence, the amount is £1,000;

(b)if it is the second fixed penalty notice so issued, the amount is £2,000;

(c)if it is the third fixed penalty notice so issued, the amount is £4,000;

(d)if it is the fourth or subsequent fixed penalty notice so issued, the amount is £10,000.

(5) The offences referred to in paragraph (4) are—

(a)the offence described in regulation 11(1) of contravening, without reasonable excuse, a requirement in [F19regulation 2A or 2B];

(b)an offence under regulation 11(3) other than a corporate offence;

(c)an offence under regulation 11(4);

(d)an offence under regulation 11(7).

(6) In the case of a fixed penalty notice issued to a person in respect of an offence mentioned in paragraph (7), the amount of the fixed penalty to be specified under paragraph (3)(c) is as follows—

(a)if the fixed penalty notice is the first one issued to that person in respect of such an offence, the amount is £1,000;

(b)if it is the second fixed penalty notice so issued, the amount is £2,000;

(c)if it is the third fixed penalty notice so issued, the amount is £4,000;

(d)if it is the fourth or subsequent fixed penalty notice so issued, the amount is £10,000.

(7) The offences referred to in paragraph (6) are—

(a)where the person to whom the notice is issued is an individual—

(i)the offence described in regulation 11(1) of contravening, without reasonable excuse, a requirement in regulation 7 (whether it is a corporate offence or not);

(ii)an offence under regulation 11(3) which is a corporate offence;

(b)otherwise—

(i)the offence described in regulation 11(1) of contravening, without reasonable excuse, a requirement in regulation 7;

(ii)an offence under regulation 11(3).

(8) For the purposes of paragraphs (5) and (7) “corporate offence” means an offence in relation to which regulation 11(8) applies.

(8A) In the case of a fixed penalty notice issued to a person in respect of the offence described in regulation 11(1) of contravening, without reasonable excuse, a requirement in regulation 8 [F209(2), (3B) or (3E)], the amount of the fixed penalty to be specified under paragraph (3)(c) is £50.

(8B) In the case of a fixed penalty notice issued to a person in respect of the offence described in regulation 11(1) of contravening, without reasonable excuse, a requirement in regulation 9(4) or (6), the amount of the fixed penalty to be specified under paragraph (3)(c) is £1,000.

(8C) In the case of a fixed penalty notice issued to a person in respect of an offence under regulation 11(2), the amount of the fixed penalty to be specified under paragraph (3)(c) is—

(a)if the fixed penalty notice is the first issued to the person in respect of such an offence, £4,000;

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

(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 [F21this] 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–

(e)

the relevant local authority, or

(f)

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.

Textual Amendments

Commencement Information

I3Reg. 12 in force at 28.9.2020, see reg. 1(2)

ProsecutionsE+W

13.  Proceedings for an offence under these Regulations may be brought by a local authority or the Crown Prosecution Service.

Commencement Information

I4Reg. 13 in force at 28.9.2020, see reg. 1(2)

Power to use and disclose informationE+W

14.—(1) [F22A relevant person] may disclose the information described in paragraph (2) (“relevant information”), to any person (H) for the purposes of—

(a)carrying out a function under these Regulations, or

(b)preventing danger to the health of the public as a result of the spread of infection or contamination with coronavirus or coronavirus disease.

(2) The relevant information referred to in paragraph (1) is—

(a)where an individual is required to self-isolate under [F23regulation 2A or 2B]—

(i)contact details [F24and date of birth] of that individual [F25and, where the relevant person holds the information, that individual’s gender],

[F26(ii)the date that the notification under regulation 2A or 2B was received by the individual or R, where the individual is a child,]

[F27(iia)the means by which that notification was given, and the postal address, telephone number or email address (as the case may be) used,

(iib)if the relevant person holds the information, whether the individual is participating in coronavirus related research (within the meaning given in [F28regulation 5(4)) or a testing scheme (within the meaning given in regulation 2D)]),]

(iii)the particular period in respect of which that individual is required to self-isolate calculated in accordance with regulation 3,

[F29(iiia)where the notification under [F30regulation 2A(1) or 2B(1)] was given to the individual [F31, or R where the individual is a child] otherwise than in person, a copy of the notification that was given but redacted to remove any information falling within paragraph (4D)(a),]

(iv)details of any notices issued or contemplated under regulation 12, or proceedings taken under regulation 13 in respect of that [F32individual,]

F33...

(b)confirmation an individual is not required to self-isolate under [F34regulation 2A or 2B].

(3) H may only use relevant information disclosed under paragraph (1) where it is necessary—

(a)for the purpose of carrying out a function under these Regulations,

(b)for the purpose of—

(i)preventing danger to the health of the public as a result of the spread of infection or contamination with coronavirus or coronavirus disease,

(ii)monitoring the spread of infection or contamination with coronavirus or coronavirus disease, or

(c)for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a) or (b).

(4) Subject to paragraph (6), H may only disclose relevant information to another person (the “recipient”) where it is necessary for the recipient to have that information—

(a)for the purpose of carrying out a function of the recipient under these Regulations,

(b)for the purpose of preventing danger to the health of the public as a result of the spread of infection or contamination with coronavirus or coronavirus disease, or

(c)for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a) or (b).

[F35(4A) In addition, a relevant person may disclose the notification information [F36, any contextual information or the regulation 2C information] to H where it is necessary for H to have the information—

(a)for the purpose of carrying out a function under regulation 10, 12 or 13, or

(b)otherwise for the purpose of the prevention, investigation, detection or prosecution of offences under these Regulations.

(4B) H may only use notification information [F37, contextual information or regulation 2C information] where—

(a)it is necessary for the purposes of carrying out a function under regulation 10, 12 or 13, or

(b)otherwise for the purpose of the prevention, investigation, detection or prosecution of offences under these Regulations.

(4C) Subject to paragraph (6), H may only disclose notification information [F38, contextual information or regulation 2C information] to another person (“the recipient”) where it is necessary for the recipient to have the information—

(a)for the purpose of carrying out a function under regulation 10, 12 or 13, or

(b)otherwise for the purpose of the prevention, investigation, detection or prosecution of offences under these Regulations.

(4D) For the purposes of this regulation “notification information” means, [F39where an individual is required to self-isolate under regulation 2A or 2B]—

(a)whether—

(i)[F40regulation 2A(1)(a) or (b)] applies to the individual, because they have tested positive for coronavirus, [F41or]

(ii)[F42regulation 2B(1)(a) F43...] applies to the individual, because they have had, or come into, close contact with someone who has tested positive for coronavirus; F44...

F45(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)where the notification was given to the individual [F46, or R where the individual is a child,] otherwise than in person, a copy of the notification that was given.]

[F47(4E) For the purposes of this regulation “contextual information” means—

(a)where the relevant person has reasonable grounds to believe that an individual is not complying, or will not comply, with any of the requirements in regulation 2A, 2B, 8 or 9 that apply in relation to that individual, that belief and the grounds for it;

(b)if when contacted by the relevant person for the purposes of, or in connection with, a function under these Regulations an individual has been violent, threatening, abusive or otherwise behaved in such a way as to make the relevant person fear for their safety or the safety of any other person carrying out a function under, or in connection with, these Regulations, that fact and the details of the relevant act or behaviour;

(c)if the relevant person has reasonable grounds to believe that an individual is, or may be, vulnerable, that belief and the grounds for it.

(4F) For the purposes of this regulation “the regulation 2C information” means, where an individual is notified under regulation 2C(1)(c)(iii)—

(a)the date the individual received that notification,

(b)the means by which that notification was given, and

(c)where that notification was given otherwise than in person, a copy of the notification that was given.]

(5) Subject to paragraph (7), disclosure which is authorised by this regulation does not breach—

(a)an obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(6) This regulation does not limit the circumstances in which information may otherwise lawfully be disclosed under any other enactment or rule of law.

(7) Nothing in this regulation authorises the use or disclosure of personal data where doing so contravenes the data protection legislation.

(8) For the purposes of this regulation—

(a)“data protection legislation” and “personal data” have the same meanings as in section 3 of the Data Protection Act 2018;

(b)“coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by coronavirus);

[F48(c)“contact details”, in relation to an individual, means their name, address [F49and, where available, the telephone number and email address].]

[F50(d)“R” and “relevant person” have the meanings given in regulation 5(1).]

Textual Amendments

Commencement Information

I5Reg. 14 in force at 28.9.2020, see reg. 1(2)

Self-incriminationE+W

15.—(1) Information notified to the Secretary of State in accordance with [F51regulation 2A or 2B] may be used in evidence against the person, subject to paragraphs (2) to (4).

(2) In criminal proceedings against the person—

(a)no evidence relating to the information may be adduced by or on behalf of the prosecution, and

(b)no question relating to the information may be asked by or on behalf of the prosecution.

(3) Paragraph (2) does not apply if the proceedings are for—

(a)an offence under these Regulations, or

(b)an offence under section 5 of the Perjury Act 1911 M1 (false statements made otherwise than on oath).

(4) Paragraph (2) does not apply if, in the proceedings—

(a)evidence relating to the information is adduced by or on behalf of the person who provided it, or

(b)a question relating to the information is asked by or on behalf of that person.

Textual Amendments

Commencement Information

I6Reg. 15 in force at 28.9.2020, see reg. 1(2)

Marginal Citations

M11911 c. 6. Section 5 was amended by section 1(2) of the Criminal Justice Act 1948 (c. 58).

Review and expiryE+W

16.—(1) The Secretary of State must review the need for the requirements imposed by these Regulations before the end of the period of six months beginning with the day on which they come fully into force.

(2) These Regulations expire at the end of [F5224th March 2022].

(3) This regulation does not affect the validity of anything done pursuant to these Regulations before they expire.

Textual Amendments

Commencement Information

I7Reg. 16 in force at 28.9.2020, see reg. 1(2)

DesignationsE+W

17.—[F53(1)] A person who is designated for the purposes of regulation F54... 10 of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 M2 is to be treated as if they were designated for the purposes of [F55regulation] 12(12) of these Regulations.

[F56(2) A designation made, or treated as made, in exercise of the powers conferred by regulation 11(9)(a) of the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 (“the [F57All Tiers Regulations]”) is to be treated as a designation of a person as an authorised person for the purposes of regulation 12 of these Regulations.

(3) A designation made, or treated as made, in exercise of the powers conferred by regulation 11(3)(b) of the [F58All Tiers Regulations] is to be treated as a designation of a person as a designated officer for the purposes of regulation 12 of these Regulations.]

[F59(4) A designation made, or treated as made, in exercise of the powers conferred by regulation 12(9)(a) of the Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (“the Steps Regulations”) is to be treated as a designation of a person as an authorised person for the purposes of regulation 12 of these Regulations.

(5) A designation made, or treated as made, in exercise of the powers conferred by regulation 12(3)(b) of the Steps Regulations is to be treated as a designation of a person as a designated officer for the purposes of regulation 12 of these Regulations.]

Textual Amendments

Commencement Information

I8Reg. 17 in force at 28.9.2020, see reg. 1(2)

Marginal Citations

[F60Interpretation of Part 3E+W

18.  For the purposes of this Part, references to a “local authority” include references to a county council.]

Textual Amendments

[F61Transitional provisionE+W

19.—[F62(1)] Where—

(a)a person (“Y”)—

(i)satisfies the conditions in regulation 2B(6)(a), (b) or (c), or is a child, and

(ii)is subject to the self-isolation requirement in regulation 2B(2) or (3) immediately before [F6327th January 2022], and

(b)Y’s period of self-isolation would, apart from this [F64paragraph], continue beyond that date,

the period of self-isolation for Y comes to an end at the beginning of [F6327th January 2022].

[F65(2) Where—

(a)a person (“Z”)—

(i)satisfies the conditions in regulation 2B(6)(a), (b) or (c), or is a child, or is taking part in coronavirus related research; and

(ii)was, by virtue of regulation 2B as it was in force before this paragraph comes into force, subject to a requirement to self-isolate immediately before 6.00 a.m. on 14th December 2021, and

(b)Z’s period of self-isolation would, apart from this regulation, continue beyond that date,

the period of self-isolation for Z comes to an end at 6.00 a.m. on 14th December 2021.]]

Textual Amendments