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

PART 5Enforcement

Amount of fixed penalty: large gathering offences14.

(1)

In the case of a fixed penalty notice issued to a person in respect of a large gathering offence, the amount of the fixed penalty to be specified under regulation 12(5)(c) is as follows—

(a)

if the fixed penalty notice is the first one issued to the person in respect of a large gathering offence, the amount is—

(i)

£400, if the amount is paid before the end of the period of 14 days following the date of the notice;

(ii)

otherwise, £800;

(b)

if the fixed penalty notice is not the first one issued to the person in respect of a large gathering offence, the amount is—

(i)

£1,600, if it is the second fixed penalty notice so issued;

(ii)

£3,200, if it is the third fixed penalty notice so issued;

(iii)

£6,400, if it is the fourth or any subsequent fixed penalty notice so issued.

(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 a person under the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 is to be taken into account, if the notice was issued to the person in respect of a large gathering offence, as defined by regulation 12(3B) of those Regulations.

(3)

In this regulation, except in paragraph (2), a “large gathering offence” means an offence under regulation 11(1)(a) of contravening a gathering restriction, where the contravention consists of participation in a gathering which—

(a)

consists of more than 15 people, and

(b)

takes place indoors—

(i)

in a private dwelling,

(ii)

in educational accommodation, or

(iii)

any other place indoors if the gathering would be a gathering of the kind mentioned in section 63(1) of the Criminal Justice and Public Order Act 199448 (powers to remove persons attending or preparing for a rave) if it consisted of more than 20 people and took place in the open air.

(4)

In paragraph (3), a “gathering restriction” means—

(a)

a Step 1 restriction imposed by paragraph 1 or 2 of Schedule 1,

(b)

a Step 2 restriction imposed by paragraph 1 or 2 of Schedule 2, or

(c)

a Step 3 restriction imposed by paragraph 1 of Schedule 3.