UK Offence Report

Amendment of regulation 19

regulation 6 of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 26) Regulations 2021

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

6 In regulation 19 (offences and penalties), after paragraph (6) insert— 6A A person (“P”) who knowingly gives false information pursuant to any relevant provision of the Self-Isolation Regulations as it applies to P by virtue of paragraph 3(2A) of Schedule

8 commits an offence. 6B For the purposes of paragraph (6A), the relevant provisions of the Self-Isolation Regulations are—

a regulation 2A(2)(b);

b regulation 2A(3)(b);

c regulation 2A(7). .

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
making a false or misleading statement
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (knowingly).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: knowingly.

What would breach regulation 6?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. On these words an offence is committed where a person knowingly gives false information pursuant to any relevant provision of the Self-Isolation Regulations as it applies to P by virtue of paragraph 3(2A) of Schedule 8.
  2. Entering a figure on a form or return that is known to be wrong under the Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 26) Regulations 2021.
  3. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  4. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
16 December 2021
In force from
18 December 2021
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations amend the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 (S.I. 2021/582) (“the International Travel Regulations”). Regulation 3 amends regulation 3J of the International Travel Regulations so that eligible travellers in transit are not required to take a day 2 test under that provision. Regulation 4 amends regulation 3K of the International Travel Regulations— a to make clear that those persons to whom the work place testing regime in regulation 7 or 8 of the International Travel Regulations applies are not required to comply with that regulation; b to ensure that the other exemptions from the requirement to self-isolate under that regulation are consistent with those in regulation 9(15); c so that eligible travellers who are not required by reason of their age, or are not able by reason of a disability, to take a day 2 test can stop self-isolating when a member of the party which they travelled with receives the result of their day 2 test; d to enable a child who is under the age of 5 and travels unaccompanied to take an optional day 2 test following their arrival in England. If the result of that test is negative, they may cease to self-isolate. Amendments are made to the definition of “required notification” for the purposes of regulations 3ZA and 17 of the International Travel Regulations so that a notification issued by an approved third country or territory may be accepted if it states the name of the country or territory in which the relevant test was carried out (regulations 5 and 8). Regulation 6 amends regulation 19 of the International Travel Regulations to create an offence of knowingly giving false information pursuant to regulation 2A of the Self-Isolation Regulations, as it applies by virtue of paragraph 3(2A) of Schedule 8. Consequential amendments are made to Schedule 14 to the Regulations (amount of fixed penalties) (regulation 9). Regulation 7 adds additional sporting events to the list in Schedule 5 to the International Travel Regulations. These Regulations also make other minor and consequential amendments to the International Travel Regulations. These Regulations also make minor amendments to the Health Protection (Notification) Regulations 2010, to remove obsolete cross references. An impact assessment has not been produced for this instrument. An explanatory memorandum has been published alongside this instrument at www.legislation.gov.uk.

Read the full note and every offence in this instrument

How this became law

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Neither House could have amended it. A statutory instrument is put to each House as a whole thing, to be approved or not; the Houses can reject an instrument or record their regret, but they cannot change a word of it. That is the constitutional position for every offence on this site.

The full procedural history →

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person “commits an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source