The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 (revoked) No. 103

[F1 PART 3A S Public transport

Textual Amendments

F1 Pt. 3A inserted (22.6.2020) by The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 4) Regulations 2020 (S.S.I. 2020/182), regs. 1(3)(a), 2(6) (with reg. 1(4)(a))

Requirement to wear a face covering on public transport S

6A.— (1) Except to the extent that a defence would be available under regulation 8(4), no person may use a passenger transport service or passenger transport service premises without wearing a face covering.

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

(a) on a school transport service,

(b) on a cruise ship,

(c) by a child who is under the age of 5,

(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,

(f) 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,

(g) by a person flying or otherwise operating a passenger transport service for the carriage of passengers by air,

(h) on a ferry where—

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

(ii) 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) In this regulation—

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

“passenger transport service” means a service provided for the carriage of passengers by road, railway, tramway, air or sea,

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

(4) 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.]