A local authority officer designated for the purposes of this regulation (“local authority designated officer”) may issue to a person a Coronavirus Immediate Restriction Notice where the officer is of the opinion that the person is contravening one or more of the relevant statutory provisions in circumstances that make it likely that the contravention or contraventions will continue or be repeated and that contravention or those contraventions involve, or would involve if continued or repeated, a risk of exposure to coronavirus.

(2)

But a Coronavirus Immediate Restriction Notice may not be issued in relation to premises which form part of essential infrastructure.

(3)

A Coronavirus Immediate Restriction Notice must require either or both of the following—

(a)

the closure of the premises, or part of the premises;

(b)

that the person to whom the notice is issued must end or remedy the contravention or contraventions or, as the case may be, that that person must ensure that the contravention or contraventions will not be repeated or continued (or both).

(4)

Any requirement in a Coronavirus Immediate Restriction Notice must be necessary and proportionate for the purpose of minimising the risk of exposure to coronavirus.

(5)

A requirement pursuant to paragraph (3)—

(a)

takes effect at the end of a period specified in the notice, or

(b)

if no such period is specified, takes effect immediately.

(6)

A Coronavirus Immediate Restriction Notice has effect for a period ending 48 hours after the time at which it is issued.

(7)

A Coronavirus Immediate Restriction Notice must state—

(a)

the name of the person to whom it is issued or, where it is not possible to obtain the name, the premises to which it relates;

(b)

the date on, and time at, which the notice is issued;

(c)

the date on, and time at, which the notice ceases to have effect;

(d)

particulars of the reasons for the officer’s opinion that the relevant statutory provision or provisions which is or are being contravened involves, or would involve if continued or repeated, a risk of exposure to coronavirus;

(e)

details of any requirement or requirements pursuant to paragraph (3) and the time at which it or they take effect;

(f)

that failure to comply with the notice is an offence, conviction for which is punishable by a fine; and

(g)

details of the right of appeal to a magistrates’ court, and the time within which such an appeal may be brought.

(8)

A Coronavirus Immediate Restriction Notice must be reviewed by a local authority designated officer before the notice ceases to have effect.

(9)

Where, before the end of the period during which the Coronavirus Immediate Restriction Notice has effect, a person to whom the notice has been issued believes that the requirements in the notice pursuant to paragraph (3) are no longer necessary, that person may request that a local authority designated officer carry out a review of the notice.

(10)

Where a request is made pursuant to paragraph (9), a local authority designated officer must carry out a review pursuant to paragraph (8), such review to be carried out as soon as practicable.

(11)

In carrying out a review pursuant to paragraph (8) the local authority designated officer—

(a)

must—

(i)

decide whether the requirements in the notice pursuant to paragraph (3) remain necessary and—

(aa)

if none of them remain necessary, withdraw the notice;

(bb)

if some, but not all, of them remain necessary, amend the notice or withdraw the notice and issue a new notice;

(ii)

notify the person to whom the notice was issued of that decision and that person’s right of appeal to a magistrates’ court, and the time within which such an appeal may be brought;

(b)

may issue a new Coronavirus Immediate Restriction Notice or a Coronavirus Improvement Notice or Coronavirus Restriction Notice pursuant to these Regulations to the same person.