The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020

PART 5 E+W Face coverings

Requirement to wear face covering on public transport E+W

19.—(1) A person (“P”) who is travelling as a passenger on a vehicle used to provide a public transport service must wear a face covering.

(2) But this is not required—

(a) where an exemption applies under paragraph (3);

(b) where P has a reasonable excuse not to wear a face covering, as to which see paragraph (4).

(3) An exemption to the requirement to wear a face covering applies—

(a) where P is a child under the age of 11;

(b) on a vehicle providing a school transport service;

(c) on a ferry where—

(i) the part of the ferry which is open to passengers is entirely outdoors, or

(ii) a distance of at least 2 metres can be maintained between persons on the part of the ferry which is open to passengers;

(d) on a cruise ship;

(e) where P is allocated a cabin, berth or other similar accommodation on the vehicle, at any time when P is in that accommodation—

(i) alone, or

(ii) only with members of P's household or a member of the household's carer;

(f) where—

(i) P is permitted, or ordinarily required, to board and to stay in a vehicle when using the public transport service,

(ii) the vehicle is not itself used for the provision of a public transport service, and

(iii) P stays in that vehicle;

(g) on an aircraft which neither took off from, nor is to land at, a place in Wales;

(h) on a vessel which does not dock at a port in Wales.

(4) The circumstances in which P has a reasonable excuse to not wear a face covering include—

(a) where P is unable to put on, wear or remove a face covering because of a physical or mental illness or impairment, or a disability (within the meaning of section 6 of the Equality Act 2010 M1 );

(b) where P has to remove the face covering to communicate with a person who has difficulty communicating (in relation to speech, language or otherwise);

(c) where P has to remove the face covering in order to avoid harm or injury, or the risk of harm or injury, to P or others;

(d) where P is travelling to avoid injury, or to escape a risk of harm, and does not have a face covering;

(e) where P has to remove the face covering to—

(i) take medication;

(ii) eat or drink, if this is allowed on the vehicle and is reasonably necessary (for example due to the length of the journey);

(f) where P is asked to remove the face covering by—

(i) an enforcement officer, or

(ii) the operator of the public transport service, an employee of the operator or a person authorised by the operator.

(5) An operator of a public transport service to which paragraph (1) applies must provide information to passengers about the requirement to wear face coverings on their vehicles.

(6) For the purposes of this regulation a “school transport service” means any transport service provided solely for the purpose of—

(a) carrying a person to and from the school or other place at which the person receives education or training, or

(b) otherwise facilitating a person's attendance at a school or other place at which the person receives education or training.

Commencement Information

I1 Reg. 19 in force at 20.12.2020, see reg. 1(3)

Marginal Citations

M1 2010 c. 15.

Requirement to wear face covering in certain indoor public places E+W

20.—(1) A person (“P”) must wear a face covering in indoor public areas of premises to which the public have or are permitted access.

(2) But this is not required—

(a) where P is a child under the age of 11;

(b) where P has a reasonable excuse not to wear a face covering, as to which see paragraph (3).

(3) The circumstances in which P has a reasonable excuse to not wear a face covering include—

(a) where P is unable to put on, wear or remove a face covering because of a physical or mental illness or impairment, or a disability (within the meaning of section 6 of the Equality Act 2010);

(b) where P is undertaking an activity and wearing a face covering during that activity may be considered to be a risk to P's health;

(c) where P has to remove the face covering to communicate with a person who has difficulty communicating (in relation to speech, language or otherwise);

(d) where P has to remove the face covering in order to avoid harm or injury, or the risk of harm or injury, to P or others;

(e) where P is at the premises to avoid injury, or to escape a risk of harm, and does not have a face covering;

(f) where P has to remove the face covering to—

(i) take medication;

(ii) eat or drink, where reasonably necessary;

(g) where P is asked to remove the face covering by an enforcement officer;

(h) where P is seated in premises where food or drink is sold, or otherwise provided, for consumption on the premises.

Commencement Information

I2 Reg. 20 in force at 20.12.2020, see reg. 1(3)

Guidance about requirements to wear face coverings E+W

21.—(1) An operator of a public transport service to which regulation 19 applies must have regard to guidance issued by the Welsh Ministers about—

(a) the requirement to wear a face covering in accordance with paragraphs (1) to (4) of regulation 19 and the enforcement of that requirement under regulation 32;

(b) providing information to passengers in accordance with paragraph (5) of regulation 19.

(2) The Welsh Ministers—

(a) may revise guidance issued under paragraph (1), and

(b) must publish the guidance (and any revisions).

(3) Guidance under this regulation may incorporate (by reference or transposition) guidance, codes of practice or other documents published by another person (for example, a trade association, body representing members of an industry or a trade union).

(4) Guidance issued by the Welsh Ministers under—

(a) paragraph (2) of regulation 20 of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020, or

(b) paragraph (2) of regulation 24 of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020,

is to be treated as if it were guidance issued under paragraph (1) of this regulation.

Commencement Information

I3 Reg. 21 in force at 20.12.2020, see reg. 1(3)