The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020

Requirement to wear face covering on public transport E+W

19.—(1) A person (“P”) who is travelling as a passenger [F1 in 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

F1 Words 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)

F2 Reg. 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

I1 Reg. 19 in force at 20.12.2020, see reg. 1(3)

Marginal Citations

M1 2010 c. 15.