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

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

2.—(1) The Health Protection (Coronavirus, Wearing of Face Coverings) Regulations (Northern Ireland) 2020(1) are amended as follows.

(2) In regulation 2 (interpretation), at the appropriate place, insert—

““a person responsible for a relevant place” includes the owner, proprietor, tenant or manager of the relevant place;”;

““enclosed shopping centre” means a building containing shops having frontages to an arcade or mall or other covered circulation area;”;

““relevant place” means a place listed in the Schedule;”;

““shop” means any building, room or other indoor establishment which is open to the public in whole or in part and is used wholly or mainly for the purposes of retail sale or hire of goods or services.”.

(3) After regulation 4 (requirement to wear a face covering), insert—

“Requirement to wear a face covering whilst entering or remaining within a relevant place

4A.— (1) A person shall not, without reasonable excuse, enter or remain within a relevant place without wearing a face covering.

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

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

(b) by a person responsible for a relevant place or an employee of that person acting in the course of their employment;

(c) by any other person providing services in the relevant place under arrangements made with a person responsible for a relevant place;

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

(e) by an emergency responder (other than a constable) acting in their capacity as an emergency responder.

(3) A person shall temporarily remove a face covering when requested to do so for identification purposes by a relevant person, a person responsible for a relevant place or an employee of that person acting in the course of their employment.”.

(4) In regulation 5 (reasonable excuse)—

(a) for “regulation 4(1)”, substitute “regulation 4(1) or 4A(1)”;

(b) after paragraph (h), insert—

“(i) where a person responsible for a relevant place or an employee of that person acting in the course of their employment, has asked that the face covering be removed for identification purposes.”.

(5) In regulation 6 (enforcement of requirement)—

(a) in paragraphs (1), (2) and 5, for “ regulation 4”, substitute “regulation 4 or 4A”;

(b) in paragraph (2)—

(i) for “relevant person”, substitute “a person responsible for a relevant place or a relevant person”;

(ii) after sub-paragraph (b), insert—

“(c) direct that person not to enter or to leave the relevant place.”;

(c) in paragraph (3), after “the relevant vehicle”, insert “, the relevant place”.

(6) In regulation 7(1), for “regulation 4”, substitute “regulation 4 or 4A”.

(7) At the appropriate place, insert—

Regulation 2

“SCHEDULE Relevant places where face coverings must be worn

1.— (1) A shop, but does not include—

(a) restaurants, including restaurants and dining rooms in hotels or members’ clubs;

(b) cafes, including workplace canteens;

(c) bars, including bars in hotels or members’ clubs;

(d) public houses;

(e) a place where access or attendance is regulated by means of sale of tickets or by appointment;

(f) a place where aerobic exercise is the primary purpose of attendance;

(g) banks, building societies, credit unions, short-term loan providers, savings clubs, cash points and undertakings which by way of business operate a currency exchange office, transmit money (or any representation of money) by any means or cash cheques which are made payable to customers.

(2) For the purposes of (1), an area within or adjacent to a shop where seating or tables are made available by that business for the consumption of food and drink on the premises by customers of that business is not a relevant place for the purposes of these Regulations.

2.— (1) Enclosed shopping centres, excluding any area in that building which is open to the public and where seating or tables are made available for the consumption of food and drink.

(2) For the purposes of (1), premises are “enclosed” if they would be considered enclosed or substantially enclosed for the purposes of regulation 2 of the Smoke-free (Premises, Vehicle Operators and Penalty Notices) Regulations (Northern Ireland) 2007(2).”.

(1)

S.R. 2020 No. 151

(2)

S.R. 2007 No. 94