Legislation – The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 7) Regulations 2021
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There are currently no known outstanding effects for The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 7) Regulations 2021, Section 12.
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Amendment to regulation 712.
In regulation 7 (fixed penalty notices)—
(a)
in paragraph (5)—
(i)
after “regulation 6(1)(c),”M1 insert “
,
except in so far as it relates to Schedule B1A,
”
(ii)
after “regulation 4 or 5” insert “
other than paragraph (1B) and other than in relation to Schedule B1A
”
(b)
in paragraph (5A) M2, after “regulation 6(1)(b)” insert “
;
other than an offence in respect of a requirement in Schedule B1A (additional measures)
”
(c)
“(5AA)
Where the fixed penalty notice is issued to a person in respect of an offence described in regulation 6(1)(b) (for contravention in respect of a requirement in Schedule B1A except under paragraph 3 or 5), or an offence described in regulation 6(1)(c) (for contravention of a requirement in or imposed under regulation 5 in so far as it relates to Schedule B1A or regulation 5(1B)), or regulation 6(1)(d) or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to Schedule B1A, regulation 5 in so far as it relates to that Schedule or regulation 5(1B), then the amount specified under paragraph (4)(c) must be—
(a)
in the case of the first fixed penalty notice, £5,000,
(b)
in the case of the second fixed penalty notice, £8,000,
(c)
in the case of the third and subsequent fixed penalty notice, £10,000.
(5AB)
Where the fixed penalty notice is issued to a person in respect of an offence described in regulation 6(1)(b) in respect of the requirement under paragraph 3 of Schedule B1A, or an additional measures offence under regulation 6(3), then the amount specified under paragraph (4)(c) must be £10,000.
(5AC)
In paragraph (5AB) “an additional measures offence” means the intentional or reckless provision of false or misleading passenger information relating to the person’s travel history in relation to a country or territory listed in Schedule B1.”;
(d)
in paragraph (6), at the beginning insert “
;
Subject to paragraph (5AB)
”
(e)
“(6ZB)
Where the fixed penalty notice is issued to a person in respect of an offence described in regulation 6(1)(ab), then the amount specified under paragraph (4)(c) must be—
(a)
in the case of a fixed penalty notice issued in respect of a failure to possess a testing package in accordance with regulation 3B(2), £1,000,
(b)
in the case of a fixed penalty notice issued in respect of a failure to obtain a testing package in accordance with regulation 3B(3), £2,000,
(c)
in the case of a fixed penalty notice issued in respect of a failure to obtain a testing package in accordance with regulation 3B(4), £1,000,
(d)
in the case of the first fixed penalty notice issued in respect of a failure to undertake a test in accordance with regulation 3B(5) or (7), £1,000,
(e)
in the case of the second fixed penalty notice issued in respect of a failure to undertake a test in accordance with regulation 3B(5) or (7), £2,000.”;
(f)
in paragraph (10)(b) for “regulation 6(1)(aa)” substitute “
.
6(1)(a), 6(1)(aa), 6(1)(ab), 6(1)(b) (for failure to comply with a requirement under Schedule B1A), 6(1)(d), 6(2) and 6(3)
”