The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020 (revoked)

[F1 Requirement to wear a face covering on public transport N.I.

6B.— (1) Subject to paragraph (2), no person may, without a reasonable excuse, use a passenger transport service or passenger transport service premises without wearing a face covering.

(2) Paragraph (1) does not require the wearing of a face covering—

(a) on a school transport service;

(b) by a child who is under the age of 13;

(c) by a constable acting in the course of their duty;

(d) by an emergency responder (other than a constable) acting in their capacity as an emergency responder;

(e) by a person providing a passenger transport service, or an employee of that person, where there is a partition between the person or employee and members of the public; or

(f) on a ferry where the area is outdoors and a distance of two metres can be maintained between any persons on the ferry or the part of the ferry which is open to members of the public.

(3) For the purposes of paragraph (1)—

(a) a person uses a passenger transport service when—

(i) they are—

(aa) boarding any mode of transport by means of which a passenger transport service is provided, or

(bb) on board any mode of transport, whether or not for the purposes of travel, by means of which a passenger transport service is provided, and

(ii) that service is available for use by the public;

(b) a person uses passenger transport service premises when—

(i) they are present at premises where a passenger transport service may provide, stop or terminate their service, and

(ii) those premises are available for use by the public.

(4) For the purposes of paragraph (1), a reasonable excuse includes—

(a) the need to seek medical assistance;

(b) the need to provide care or assistance to a vulnerable person, including to provide emergency assistance;

(c) the need to avoid injury, illness or to escape a risk of harm;

(d) where the person cannot put on, wear or remove a face covering—

(i) because of any disability (within the meaning of the Disability Discrimination Act 1995); or

(ii) without severe distress;

(e) the need to communicate with a person who has difficulties communicating (in relation to speech, language or otherwise);

(f) to eat or drink, where reasonably necessary;

(g) the need to take medication;

(h) the need to remove a face covering temporarily to comply with a request by a relevant person or another person acting in the course of their duties.

(5) In this regulation—

“face covering” means a covering of any type which covers a person’s nose and mouth;

“emergency responder” has the meaning given by section 153A(6) of the Inheritance Tax Act 1984;

“passenger transport service” means—

(a)

bus, coach and rail services delivered under a Public Service Agreement, Bus Service Permit or Cross-border Authorisation issued by the Department for Infrastructure under section 1 of the Transport Act (Northern Ireland) 2011 or in accordance with Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on Common Rules for Access to the International Market for Coach and Bus Service;

(b)

ferry services operated in accordance with the Strangford Lough Ferry and Harbour Byelaws (Northern Ireland) 1988 or in pursuance of an agreement under Article 99 of the Roads (Northern Ireland) Order 1993;

(c)

services provided by community transport operators funded by the Department for Infrastructure under Part 5 of the Transport Act (Northern Ireland) 2011.

“passenger transport service premises” means off-road premises where a passenger transport service may stop or terminate, allowing passengers on and off.

“relevant person” has the meaning given by regulation 7(12)(b).

“school transport service” means any transport provided solely for the purpose of—

(a)

facilitating a person’s attendance at a school or other place at which they receive education or training; or

(b)

otherwise than for the reason in paragraph (a), carrying a person to and from the school or other place at which they receive education or training.]

Textual Amendments

F1 Reg. 6B substituted (9.7.2020 at 11.00 p.m.) by The Health Protection (Coronavirus, Restrictions) (Amendment No. 11) Regulations (Northern Ireland) 2020 (S.R. 2020/139), regs. 1(2), 2(9) (with reg. 3)