The Health Protection (Coronavirus, Wearing of Face Coverings) Regulations (Northern Ireland) 2020

Enforcement of requirementN.I.

This section has no associated Explanatory Memorandum

6.—(1) A relevant person may take such action as is necessary to enforce any requirement imposed by [F1regulation 4(1), 4A(1), 4B(1) or 4C].

(2) Where a [F2a person responsible for a relevant place or a relevant person] considers that a person is not wearing a face covering in contravention of the requirement in [F3regulation 4 or 4A] the relevant person may, in particular—

(a)direct that person to wear such a covering;

(b)direct that person to disembark from the relevant vehicle or leave the relevant passenger transport service premises.

[F4(c)direct that person not to enter or to leave the relevant place.]

(3) Where a person does not comply with a direction given to them under paragraph (2), a constable may remove them from the relevant vehicle [F5, the relevant place] or passenger transport service premises.

(4) A constable exercising the power in paragraph (3) may use reasonable force, if necessary, in the exercise of the power.

(5) Where a relevant person has reasonable grounds to believe that a child is repeatedly failing to comply with the requirement in [F6regulation 4 or 4A], the relevant person may direct any individual who has responsibility for the child to secure, so far as reasonably practicable, that the child complies with that requirement.

(6) For the purposes of this regulation, an individual has responsibility for a child if the individual—

(a)has custody or charge of the child for the time being, or

(b)has parental responsibility for the child (within the meaning of the Children (Northern Ireland) Order 1995 M1).

(7) A relevant person may only exercise the power in paragraph (2) or (3) if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the requirement.

(8) For the purposes of this regulation—

(a)“child” means a person under the age of 18;

(b)a “relevant person” means—

(i)a constable, or

(ii)a person designated by the Department of Health for the purposes of this regulation,

[F7(iii)insofar as it relates to the enforcement of regulation 4, operators of a passenger transport service and their employees and agents.]

Textual Amendments

Marginal Citations