The Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020

The Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020 (SI 2020/592) is a statutory instrument (SI) brought into force on 15 June 2020 by the Secretary of State for Transport, Grant Shapps, in response to the COVID-19 pandemic. It requires the wearing of a face covering when travelling on public transport such as trains, buses and aircraft in England. The regulations were later extended to include taxis and private hire vehicles.

The Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020
Statutory Instrument
Citation2020 No. 592
Introduced byGrant Shapps, Secretary of State for Transport
Territorial extentEngland
Dates
Made14 June 2020
Laid before Parliament15 June 2020
Commencement15 June 2020 (2020-06-15)
Other legislation
Made underPublic Health (Control of Disease) Act 1984
Status: Amended
Text of the The Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (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 Transport, Grant Shapps, 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."[1]

The regulations were made on 14 June, and were laid before parliament and simultaneously came into force the next day.[1] 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.[2]

Geographical scope

The regulations cover England only[3] (the rules in Scotland, Wales and Northern Ireland differ). They also extend to any aircraft while in English airspace that took off from or is to land in England,[4] as well as any vessel in UK territorial waters adjacent to England, apart from vessels just passing through.[5]

Requirement to wear a face covering when on public transport

Subject to a number of exceptions, nobody is allowed – unless they have a "reasonable excuse" – to use public transport without wearing a face covering.[6] For this purpose, "public transport" does not include school transport, a taxi or private hire vehicle, nor a cruise ship.[7]

Any type of face covering is considered acceptable, provided that it covers the wearer's nose and mouth;[8] the regulations do not require or mention a mask. The covering has to be worn both while boarding and while actually on board any public transport vehicle.[9]

Several groups of people are exempt from the requirement to wear a face covering, including children under the age of 11,[10] public transport staff,[11] police officers,[12] and emergency responders while on duty,[13] as well as travellers who have their own private cabin or berth.[14] Face coverings are not required where travellers are transported and remain in a separate vehicle,[15] for example a car ferry.

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;[16] to facilitate lip reading;[17] where the covering is removed to avoid the risk of harm;[18] where a traveller who is travelling to escape a risk of harm has no covering with them;[19] where reasonably necessary to eat, drink or take medication;[20] or where instructed to do so by an official.[21]

Offences and enforcement

It is a criminal offence to contravene the regulations,[22] and offenders may be prosecuted.[23] Both police officers and public transport staff have the power to deny boarding to anyone not wearing a covering;[24] and a traveller already on a vehicle can be directed to wear a covering or to disembark.[25] Police and Transport for London officials (but not public transport staff) also have the power to remove from a vehicle anyone not complying with a direction,[26] using force if necessary,[27] and to issue a fixed penalty notice of £100 (reduced to £50 if paid within 14 days).[28]

Review and expiry

The Secretary of State must review the regulations by no later than 15 December 2020.[29] Unless revoked earlier, they automatically expire on 15 June 2021.[30]

Changes to the regulations

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.[31]

Taxis and private hire vehicles, 23 September 2020

From 23 September, The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and on Public Transport) (England) (Amendment) (No. 2) Regulations 2020 (SI 2020/1021) redefined taxis and private hire vehicles as 'public transport', making it mandatory to wear a face covering when in such a vehicle.[32]

Doubling of penalties, 24 September 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) doubled the penalties for breach to a minimum of £200 (£100 if paid within 14 days).[33]


See also

References
  1. SI 592 (2020), Preamble.
  2. SI 592 (2020), Introductory note.
  3. SI 592 (2020), Reg 1(3)(a).
  4. SI 592 (2020), Reg 1(3)(b).
  5. SI 592 (2020), Reg 1(3)(c).
  6. SI 592 (2020), Reg 3(1).
  7. SI 592 (2020), Reg 2(2).
  8. SI 592 (2020), Reg 2(1).
  9. SI 592 (2020), Reg 3(2).
  10. SI 592 (2020), Reg 3(3)(a).
  11. SI 592 (2020), Reg 3(3)(b)&(c).
  12. SI 592 (2020), Reg 3(3)(d).
  13. SI 592 (2020), Reg 3(3)(e).
  14. SI 592 (2020), Reg 3(3)(g).
  15. SI 592 (2020), Reg 3(3)(h).
  16. SI 592 (2020), Reg 4(a).
  17. SI 592 (2020), Reg 4(b).
  18. SI 592 (2020), Reg 4(c).
  19. SI 592 (2020), Reg 4(d).
  20. SI 592 (2020), Reg 4(e)&(f).
  21. SI 592 (2020), Reg 4(g).
  22. SI 592 (2020), Reg 6(1).
  23. SI 592 (2020), Reg 8.
  24. SI 592 (2020), Reg 5(1).
  25. SI 592 (2020), Reg 5(2).
  26. SI 592 (2020), Reg 5(3).
  27. SI 592 (2020), Reg 5(4).
  28. SI 592 (2020), Reg 7(1)&(6).
  29. SI 592 (2020), Reg 9.
  30. SI 592 (2020), Reg 10.
  31. SI 906 (2020), Reg 2.
  32. SI 1021 (2020), Reg 2(2).
  33. SI 1026 (2020), Reg 3(2).

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 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 1021". 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. 2) Regulations 2020. Retrieved 23 September 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.
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