Version Superseded: 28/01/2022
Point in time view as at 26/12/2021.
There are currently no known outstanding effects for the The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020, PART 5.
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19.—(1) A person (“P”) who is travelling as a passenger [F1in an indoor part of] a vehicle used to provide a public transport service must wear a face covering.
(2) But this is not required—
(a)where an exemption applies under paragraph (3);
(b)where P has a reasonable excuse not to wear a face covering, as to which see paragraph (4).
(3) An exemption to the requirement to wear a face covering applies—
(a)where P is a child under the age of 11;
(b)on a vehicle providing a school transport service;
(c)on a ferry where—
F2(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)a distance of at least 2 metres can be maintained between persons on the part of the ferry which is open to passengers;
(d)on a cruise ship;
(e)where P is allocated a cabin, berth or other similar accommodation on the vehicle, at any time when P is in that accommodation—
(i)alone, or
(ii)only with members of P's household or a member of the household's carer;
(f)where—
(i)P is permitted, or ordinarily required, to board and to stay in a vehicle when using the public transport service,
(ii)the vehicle is not itself used for the provision of a public transport service, and
(iii)P stays in that vehicle;
(g)on an aircraft which neither took off from, nor is to land at, a place in Wales;
(h)on a vessel which does not dock at a port in Wales.
(4) The circumstances in which P has a reasonable excuse to not wear a face covering include—
(a)where P is unable to put on, wear or remove a face covering because of a physical or mental illness or impairment, or a disability (within the meaning of section 6 of the Equality Act 2010 M1);
(b)where P has to remove the face covering to communicate with a person who has difficulty communicating (in relation to speech, language or otherwise);
(c)where P has to remove the face covering in order to avoid harm or injury, or the risk of harm or injury, to P or others;
(d)where P is travelling to avoid injury, or to escape a risk of harm, and does not have a face covering;
(e)where P has to remove the face covering to—
(i)take medication;
(ii)eat or drink, if this is allowed on the vehicle and is reasonably necessary (for example due to the length of the journey);
(f)where P is asked to remove the face covering by—
(i)an enforcement officer, or
(ii)the operator of the public transport service, an employee of the operator or a person authorised by the operator.
(5) An operator of a public transport service to which paragraph (1) applies must provide information to passengers about the requirement to wear face coverings on their vehicles.
(6) For the purposes of this regulation a “school transport service” means any transport service provided solely for the purpose of—
(a)carrying a person to and from the school or other place at which the person receives education or training, or
(b)otherwise facilitating a person's attendance at a school or other place at which the person receives education or training.
Textual Amendments
F1Words in reg. 19(1) substituted (7.8.2021 at the beginning of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 15) Regulations 2021 (S.I. 2021/925), regs. 1(2), 2(15)(a)
F2Reg. 19(3)(c)(i) omitted (7.8.2021 at the beginning of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 15) Regulations 2021 (S.I. 2021/925), regs. 1(2), 2(15)(b)
Commencement Information
I1Reg. 19 in force at 20.12.2020, see reg. 1(3)
Marginal Citations
20.—(1) A person (“P”) must wear a face covering in indoor public areas of premises to which the public have or are permitted access F3....
(2) But this is not required—
(a)where P is a child under the age of 11;
[F4(aa)where P is attending a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony;]
(b)where P has a reasonable excuse not to wear a face covering, as to which see paragraph (3).
(3) The circumstances in which P has a reasonable excuse to not wear a face covering include—
(a)where P is unable to put on, wear or remove a face covering because of a physical or mental illness or impairment, or a disability (within the meaning of section 6 of the Equality Act 2010);
(b)where P is undertaking an activity and wearing a face covering during that activity may be considered to be a risk to P's health;
(c)where P has to remove the face covering to communicate with a person who has difficulty communicating (in relation to speech, language or otherwise);
(d)where P has to remove the face covering in order to avoid harm or injury, or the risk of harm or injury, to P or others;
(e)where P is at the premises to avoid injury, or to escape a risk of harm, and does not have a face covering;
(f)where P has to remove the face covering to—
(i)take medication;
(ii)eat or drink, where reasonably necessary;
(g)where P is asked to remove the face covering by an enforcement officer;
F5(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F6(h)where P is seated in premises where food or drink is sold, or otherwise provided, for consumption on the premises.]
[F7(4) For the purposes of paragraph (1), where—
(a)a business (“business A”) sells, or otherwise provides, food or drink for consumption on the business premises,
(b)business A forms part of a larger business (“business B”), and
(c)business B also carries on its business on the premises, but does not sell, or otherwise provide, food or drink for consumption on those premises,
P is to be treated as being in premises where food or drink is sold, or otherwise provided, for consumption on the premises only where P is in the part of the premises at which business A carries on its business.]
[F8(5) For the purposes of paragraph (1)—
(a)the auditorium of a theatre, cinema or concert hall, or
(b)the viewing area of an indoor arena or stadium,
is not to be treated as premises where food or drink is sold, or otherwise provided, for consumption on the premises.
(6) For the purposes of paragraph (1), a vehicle is to be treated as an indoor public area of premises when being used for—
(a)paid instruction in the driving of a motor car in accordance with section 123 of the Road Traffic Act 1988, or
(b)a test of competence to drive such as is described in section 89(1)(a)(i) of that Act.]
Textual Amendments
F3Words in reg. 20(1) omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(4)(a)
F4Reg. 20(2)(aa) inserted (28.8.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 16) Regulations 2021 (S.I. 2021/970), regs. 1(2), 2(4)
F5Reg. 20(3)(h) omitted (7.8.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 15) Regulations 2021 (S.I. 2021/925), regs. 1(3), 2(16)(b)
F6Reg. 20(3)(h) inserted (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(4)(b)
F7Reg. 20(4) inserted (7.8.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 15) Regulations 2021 (S.I. 2021/925), regs. 1(3), 2(16)(c)
F8Reg. 20(5)(6) inserted (11.12.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 22) Regulations 2021 (S.I. 2021/1407), regs. 1(3), 2(3)
Commencement Information
I2Reg. 20 in force at 20.12.2020, see reg. 1(3)
21.—(1) An operator of a public transport service to which regulation 19 applies must have regard to guidance issued by the Welsh Ministers about—
(a)the requirement to wear a face covering in accordance with paragraphs (1) to (4) of regulation 19 and the enforcement of that requirement under regulation 32;
(b)providing information to passengers in accordance with paragraph (5) of regulation 19.
(2) The Welsh Ministers—
(a)may revise guidance issued under paragraph (1), and
(b)must publish the guidance (and any revisions).
(3) Guidance under this regulation may incorporate (by reference or transposition) guidance, codes of practice or other documents published by another person (for example, a trade association, body representing members of an industry or a trade union).
(4) Guidance issued by the Welsh Ministers under—
(a)paragraph (2) of regulation 20 of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020, or
(b)paragraph (2) of regulation 24 of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020,
is to be treated as if it were guidance issued under paragraph (1) of this regulation.
Commencement Information
I3Reg. 21 in force at 20.12.2020, see reg. 1(3)
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