The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020

PART 2 Relevant place: requirement to wear a face covering

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

3.—(1) No person may, without reasonable excuse, enter or remain within a relevant place without wearing a face covering.

(2) The requirement in paragraph (1) does not apply—

(a) to a child who is under the age of 11;

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

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

(d) to an employee of an operator of a public transport service acting in the course of their employment;

(e) to a person who enters or is within a transport hub in a vehicle (other than a vehicle being used for the provision of a public transport service);

(f) to a constable or police community support officer acting in the course of their duty;

(g) to an emergency responder (other than a constable) acting in their capacity as an emergency responder;

(h) to a relevant official acting in the course of their employment or their duties.

(3) In this regulation—

“emergency responder” has the same meaning as for the purposes of section 153A of the Inheritance Tax Act 1984(1);

“relevant official” means —

(a)

an inspector or surveyor of ships;

(b)

a person appointed by the Health and Safety Executive under section 19 of the Health and Safety at Work etc. Act 1974(2) or an officer of the Health and Safety Executive;

(c)

a local authority officer;

(d)

a pilot (within the meaning given in paragraph 22(1) of Schedule 3A to the Merchant Shipping Act 1995(3));

(e)

a civil aviation inspector, as defined in Annex 9 to the Convention on International Civil Aviation signed at Chicago on 7th December 1944(4);

(f)

a border force officer (within the meaning given in paragraph 7 of Schedule 20 to the Coronavirus Act 2020(5)).

Reasonable excuse

4.—(1) 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(6)), or

(ii) without severe distress;

(b) P is accompanying, 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 entering or within a relevant place to avoid injury, or to escape a risk of harm, and does not have a face covering with them;

(e) 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 person responsible for a relevant place or an employee of that person acting in the course of their employment, requires that P remove their face covering in order to verify P’s identity;

(h) in a registered pharmacy, an employee of that registered pharmacy acting in the course of their employment, requires that P remove their face covering in order to assist in the provision of healthcare or healthcare advice to P;

(i) a relevant person requests that P remove their face covering.

(2) In this regulation “registered pharmacy” has the same meaning as in section 74 of the Medicines Act 1968(7).

(1)

1984 c. 51. Section 153A was inserted by the Finance Act 2015 (c. 11), section 75.

(2)

1974 c. 37.

(3)

1995 c.21. Schedule 3A to the Merchant Shipping Act 1995 was inserted by the Marine Safety Act 2003 (c. 16), Schedule 1. There are amendments to Schedule 3A but none are relevant.

(4)

The 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).

(5)

2020 c. 7.

(6)

2010 c. 15.

(7)

1968 c. 67.