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

The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020 (SI 2020/791) is a statutory instrument (SI) brought into force on 23 July 2020 by the Secretary of State for Health and Social Care, Matt Hancock, in response to the COVID-19 pandemic. Subject to some exceptions, it requires members of the public in England to wear a face covering in most indoor shops, shopping centres, banks, post offices and public transport hubs. The regulations are similar to The Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020, which were brought into force on 15 June 2020.[1]

The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020
Statutory Instrument
Citation2020 No. 791
Introduced byMatt Hancock, Secretary of State for Health and Social Care
Territorial extentEngland
Dates
Made23 July 2020
Laid before Parliament23 July 2020
Commencement24 July 2020 (2020-07-24)
Other legislation
Made underPublic Health (Control of Disease) Act 1984
Status: Amended
Text of the The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

Initial regulations

The regulations were introduced by way of a Statutory Instrument made by the Secretary of State for Health and Social Care, Matt Hancock, using emergency powers available to him under the Public Health (Control of Disease) Act 1984. The regulations themselves state the legal basis for using such powers, namely "the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in England"; he also certified that the restrictions "are proportionate to what they seek to achieve, which is a public health response to that threat."[2]

The regulations were made and laid before parliament on 23 July, and came into force the next day.[2] The Secretary of State used section 45R of the Public Health (Control of Disease) Act 1984 to enact the regulations without prior parliamentary consideration, subject to retrospective approval by resolution of each House of Parliament within twenty-eight days.[3]

Geographical scope

The regulations cover England only[4] (the rules in Scotland, Wales and Northern Ireland differ).

Requirement to wear a face covering in a relevant place

Subject to a number of exceptions, nobody is allowed – unless they have a "reasonable excuse" – to enter or remain in a "relevant place" without wearing a face covering.[5] Any type of face covering is considered acceptable, provided that it covers the wearer's nose and mouth;[6] the regulations do not require or mention a mask.

"Relevant place" means:

  • indoor retail shops (including pharmacies),[7] and shops providing goods for hire[8][9]
  • enclosed shopping centres[10]
  • banks, building societies and the like[11]
  • post offices,[12] and
  • public transport hubs[6] (the enclosed parts of a station, terminal, port or the like).[13]

The following premises are not considered to be "shops", and hence face coverings need not be worn: public libraries; premises providing professional, legal, financial, medical, optometry, mental health or veterinary services; cinemas, theatres, museums, galleries; indoor tourist, heritage or cultural sites; nightclubs, dance and bingo halls; concert, exhibition and other public halls; casinos; certain personal service premises including hair and beauty salons and barbers, tattoo and massage parlours; conference and exhibition centres; hotels; premises for indoor sports, leisure, adventure or recreation; storage and distribution centres; funeral directors; photography studios; and auction houses.[11]

Also excluded are restaurants with table service, bars and pubs,[8] as well as those areas of other premises having seating or tables for consumption of food and drink.[14]

Several groups of people are entirely exempt from the requirement to wear a face covering, including children under the age of 11;[15] staff and service providers at the premises;[16] public transport staff on while duty,[17] police officers,[18] and emergency responders while on duty;[17] as well as travellers at a transport hub within their own private vehicle.[19]

Reasonable excuse

The regulations provide a list of excuses for not wearing a covering which are considered to be "reasonable", while not excluding other possibilities. These are where the traveller is unable to wear a covering due to a disability, or where it would cause severe distress;[20] to facilitate lip reading;[21] where the covering is removed to avoid the risk of harm;[22] where a person who is travelling to escape a risk of harm has no covering with them;[23] where reasonably necessary to eat, drink or take medication;[24] where instructed to do so by an official;[25] or where requested in a pharmacy.[26]

Offences and enforcement

It is a criminal offence to contravene the regulations,[27] and offenders may be prosecuted.[28] Both police officers and some other officials have the power to deny access to a "relevant place" to anyone not wearing a face covering;[29] and anyone already on the premises can be directed to wear a covering or to leave.[30] Police officers also have the power to remove anyone not complying with a direction,[31] using force if necessary,[32] and to issue a fixed penalty notice of £100 (reduced to £50 if paid within 14 days).[33]

Review and expiry

The Secretary of State must review the regulations by 24 January 2021.[34] Unless revoked earlier, they automatically expire on 24 July 2021.[35]

Extend range of premises, 8 August

SI 2020/791 was amended on 8 August 2020, after 15 days, by The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) (Amendment) Regulations 2020 (SI 2020/839).

As with the original regulations, SI 2020/839 was introduced by Secretary of State for Health and Social Care, Matt Hancock, using emergency powers under the Public Health (Control of Disease) Act 1984. The legal basis for the use of the powers is stated to be as before.[36] The regulations were laid before parliament on 7 August 2020,[36] and came into force the next day. The Secretary of State again used section 45R of the 1984 act to enact the regulations "by reason of urgency" subject to retrospective approval by resolution of each House of Parliament within twenty-eight days.[37]

Changes to the regulations

The amendments extend the range of indoor places where a face covering has to be worn to include indoor places of worship, community centres, crematoria and burial ground chapels, public areas in hotels, public halls including concert and exhibition halls, cinemas, museums, galleries, aquariums, indoor zoos and visitor farms, indoor parts of tourist, heritage or cultural sites, bingo halls, and public libraries.[38] These are all subject to the same exceptions as before.

Extend range of premises, 22 August

SI 2020/791 was amended on 22 August 2020, after a further 14 days, by The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) (Amendment) (No. 2) Regulations 2020 (SI 2020/882).

As with the original regulations, SI 2020/882 was introduced by Secretary of State for Health and Social Care, Matt Hancock, using emergency powers under the Public Health (Control of Disease) Act 1984. The legal basis for the use of the powers is stated to be as before.[39] The regulations were laid before parliament on 21 August 2020,[39] and came into force the next day. The Secretary of State again used section 45R of the 1984 act to enact the regulations "by reason of urgency" subject to retrospective approval by resolution of each House of Parliament within twenty-eight days.[40]

Changes to the regulations

The amendments extend the range of indoor places where a face covering has to be worn to include members clubs and social clubs,[41] conference centres,[42] and casinos.[43] Funfairs, theme parks and other premises for sports, leisure or adventure activities are also now included where they fall within the definition of "shop"[44] (i.e. an indoor establishment for the purpose of retail sale or hire which is open to the public).[9]

New penalties, 28 August 2020

From 28 August 2020 new penalties were introduced by The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and on Public Transport) (England) (Amendment) Regulations 2020 (SI 2020/906). Repeat offenders face a sliding scale of penalties up to a maximum of £3200 for the sixth and subsequent fixed penalty notice.[45]

Add public-facing staff and more premises, 24 Sept 2020

From 24 September, The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and on Public Transport) (England) (Amendment) (No. 3) Regulations 2020 (SI 2020/1026) extended the requirement to wear a face covering to staff in the following places who are likely to come into close contact with members of the public: shops (except legal or financial services), enclosed shopping centres, restaurants with table service, bars, banks, building societies, post offices, community centres and clubs, public areas in hotels and hostels, public halls such as concert and exhibition halls, conference centres, cinemas, museums, galleries, aquariums, indoor parts of tourist, heritage or cultural sites, bingo halls, public libraries, casinos, and theatres.[46] Public houses were inadvertently omitted from this list,[47] but were added by The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) (Amendment) (No. 3) Regulations 2020 (SI 2020/1028) which amended SI 2020/1026 just as the regulations came into effect.[48]

SI 2020/1024 also added a requirement that customers wear face coverings in theatres, restaurants, bars, and public houses,[49] and removed the exception from wearing face coverings when sitting at tables in shops and shopping centres designated for consumption of food and drink.[50] Customers in these premises must now wear face coverings at all times unless actively eating or drinking.[51]

The regulations also doubled the penalties for breach to a minimum of £200 (£100 if paid within 14 days).[46] All the existing exemptions and reasonable excuses remain available.[52]

Requirement to display notices or inform visitors, 28 Sept 2020

The Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) (Amendment) Regulations 2020 (SI 2020/1046) introduced a requirement that anyone responsible for a premises where a face covering must be worn to display a conspicuous notice or otherwise ensure anyone entering is informed of the requirement to wear a face covering unless the person is exempt or has a reasonable excuse for not wearing a face covering. It also prohibits a person responsible for a premises from preventing or seeking to prevent the wearing of face coverings by those required to wear one. [53]

See also

References
  1. SI 592 (2020).
  2. SI 791 (2020), Preamble.
  3. SI 791 (2020), Introductory note.
  4. SI 791 (2020), Reg 1(2).
  5. SI 791 (2020), Reg 3(1).
  6. SI 791 (2020), Reg 2(1).
  7. SI 791 (2020), Schedule, part 2, 7.
  8. SI 791 (2020), Schedule, part 1, reg 1(1).
  9. SI 791 (2020), Reg 2(2).
  10. SI 791 (2020), Schedule, part 1, reg 2.
  11. SI 791 (2020), Schedule, part 1, 3.
  12. SI 791 (2020), Schedule, part 1, reg 4.
  13. SI 791 (2020), Reg 2(4).
  14. SI 791 (2020), Schedule, part 2.
  15. SI 791 (2020), Reg 3(2)(a).
  16. SI 791 (2020), Reg 3(2)(b)&(c).
  17. SI 791 (2020), Reg 3(2)(g).
  18. SI 791 (2020), Reg 3(2)(f).
  19. SI 791 (2020), Reg 3(2)(e).
  20. SI 791 (2020), Reg 4(1)(a).
  21. SI 791 (2020), Reg 4(1)(b).
  22. SI 791 (2020), Reg 4(1)(c).
  23. SI 791 (2020), Reg 4(1)(d).
  24. SI 791 (2020), Reg 4(1)(e)&(f).
  25. SI 791 (2020), Reg 4(1)(g)&(i).
  26. SI 791 (2020), Reg 4(1)(h).
  27. SI 791 (2020), Reg 6(1).
  28. SI 791 (2020), Reg 8.
  29. SI 791 (2020), Reg 5(1).
  30. SI 791 (2020), Reg 5(2).
  31. SI 791 (2020), Reg 5(3).
  32. SI 791 (2020), Reg 5(4).
  33. SI 791 (2020), Reg 7(1),(6)&(7).
  34. SI 791 (2020), Reg 9.
  35. SI 791 (2020), Reg 10(1).
  36. SI 839 (2020), Preamble.
  37. SI 839 (2020), Introductory note.
  38. SI 839 (2020), Reg 2(8)(b).
  39. SI 882 (2020), Preamble.
  40. SI 882 (2020), Introductory note.
  41. SI 882 (2020), Reg 7(3).
  42. SI 882 (2020), Reg 7(4).
  43. SI 882 (2020), Reg 7(6).
  44. SI 882 (2020), Reg 8.
  45. SI 906 (2020), Reg 3.
  46. SI 1026 (2020), Reg 2(6).
  47. SI 1028 (2020), Explanatory note.
  48. SI 1028 (2020), Reg 2(2).
  49. SI 1026 (2020), Reg 2(10).
  50. SI 1026 (2020), Reg 2(8) and (9).
  51. SI 1026 (2020), Explanatory note.
  52. SI 791 (2020), Reg 3.
  53. SI 1046 (2020), 2 (6).

Bibliography
  • "SI 592". Legislation.gov.uk. 15 June 2020. The Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020. Retrieved 14 June 2020.
  • "SI 791". Legislation.gov.uk. 24 July 2020. The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020. Retrieved 30 July 2020.
  • "SI 839". Legislation.gov.uk. 8 August 2020. The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) (Amendment) Regulations 2020. Retrieved 8 August 2020.
  • "SI 882". Legislation.gov.uk. 22 August 2020. The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) (Amendment) (No. 2) Regulations 2020. Retrieved 24 August 2020.
  • "SI 906". Legislation.gov.uk. 28 August 2020. The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and on Public Transport) (England) (Amendment) Regulations 2020. Retrieved 30 August 2020.
  • "SI 1026". Legislation.gov.uk. 23 September 2020. The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and on Public Transport) (England) (Amendment) (No. 3) Regulations 2020. Retrieved 23 September 2020.
  • "SI 1028". Legislation.gov.uk. 23 September 2020. The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) (Amendment) (No. 3) Regulations 2020. Retrieved 24 September 2020.
  • "SI 1046". Legislation.gov.uk. 28 September 2020. The Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) (Amendment) Regulations 2020. Retrieved 29 September 2020.
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