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- Point in Time (20/06/2021)
- Original (As made)
Version Superseded: 18/07/2021
Point in time view as at 20/06/2021.
There are currently no known outstanding effects for the The Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020 (revoked),
PART 2
.
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3.—(1) No person may, without reasonable excuse, use a public transport service without wearing a face covering.
(2) For the purposes of paragraph (1), a person is using a public transport service at any time when—
(a)they are boarding any vehicle by means of which a public transport service is [F1being] provided, or
(b)they are (whether or not for the purposes of travel) on board any vehicle by means of which a public transport service is [F2being] provided.
(3) But the requirement in paragraph (1) does not apply—
(a)to a child who is under the age of 11;
(b)to an employee of the operator of the relevant public transport service acting in the course of their employment;
(c)to any other person providing services under arrangements made with the operator of the relevant public transport service who is providing those services;
(d)to a constable or police community support officer acting in the course of their duty;
(e)to an emergency responder (other than a constable) acting in their capacity as an emergency responder;
(f)to a relevant official acting in the course of their employment or their duties;
(g)where a person is allocated a cabin, berth or other similar accommodation, at any time when they are in that accommodation—
(i)alone, or
(ii)only with members of their own household or a linked household;
(h)where—
(i)a person is permitted, or ordinarily required, to board and to remain in a vehicle when using the public transport service, and
(ii)the vehicle is not itself used for the provision of a public transport service,
the person remains in that vehicle.
(4) In this regulation—
“emergency responder” has the same meaning as for the purposes of section 153A of the Inheritance Tax Act 1984 M1;
“linked household” has the meaning given in [F3regulation 3 of the Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021];
“relevant official” means—
an inspector, or a surveyor of ships, appointed under section 256 of the Merchant Shipping Act 1995 (“the 1995 Act”) M2;
a pilot (within the meaning given in paragraph 22(1) of Schedule 3A to the 1995 Act M3);
a civil aviation inspector, as defined in Annex 9 to the Convention on International Civil Aviation signed at Chicago on 7th December 1944 M4;
Textual Amendments
F1Word in reg. 3(2)(a) inserted (23.9.2020) by The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and on Public Transport) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1021), regs. 1, 2(3)(a)
F2Word in reg. 3(2)(b) inserted (23.9.2020) by The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and on Public Transport) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1021), regs. 1, 2(3)(a)
F3Words in reg. 3(4) substituted (20.6.2021 at 11.55 p.m.) by The Health Protection (Coronavirus, Restrictions) (Steps and Other Provisions) (England) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/705), regs. 1(2), 3(2) (with reg. 1(5))
F4Words in reg. 3(4) substituted (23.9.2020) by The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and on Public Transport) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1021), regs. 1, 2(3)(b)
Commencement Information
I1Reg. 3 in force at 15.6.2020, see reg. 1(2)
Marginal Citations
M11984 c. 51. Section 153A was inserted by the Finance Act 2015 (c. 11), section 75.
M21995 c. 21. There are amendments to section 256 but none is relevant.
M3Schedule 3A to the 1995 Act was inserted by the Marine Safety Act 2003 (c. 16), Schedule 1. There are amendments to Schedule 3A but none is relevant.
M4The latest edition of Annex 9, which is published by the International Civil Aviation Organization, is the 15th edition, which applied from 23rd February 2018 (ISBN 978-92-9258-301-9).
4. For the purposes of regulation 3(1), the circumstances in which a person (“P”) has a reasonable excuse include those where—
(a)P cannot put on, wear or remove a face covering—
(i)because of any physical or mental illness or impairment, or disability (within the meaning of section 6 of the Equality Act 2010 M6), or
(ii)without severe distress;
(b)P is travelling with, or providing assistance to, another person (“B”) and B relies on lip reading to communicate with P;
(c)P removes their face covering to avoid harm or injury, or the risk of harm or injury, to themselves or others;
(d)P is travelling to avoid injury, or to escape a risk of harm, and does not have a face covering with them;
(e)if it is reasonably necessary for P to eat or drink, P removes their face covering to eat or drink;
(f)P has to remove their face covering to take medication;
(g)a relevant person requests that P remove their face covering.
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