The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020

Regulation 3

SCHEDULE 7 Face Covering Requirements

Requirement to wear face coverings on public transport

1.—(1) A person who uses a passenger transport service or passenger transport service premises must wear a face covering, unless the person is—

(a) on a school transport service,

(b) on a cruise ship,

(c) a child who is under 5 years of age,

(d) a constable acting in the course of their duty,

(e) an emergency responder (other than a constable) acting in their capacity as an emergency responder,

(f) providing a passenger transport service, or an employee of that person, and—

(i) there is a partition between the person or employee and members of the public, or

(ii) the wearing of a face covering would materially impede communicating with other persons about a risk of harm or for other safety purposes,

(g) flying or otherwise operating a passenger transport service for the carriage of passengers by air,

(h) on a ferry, where—

(i) the person is on part of the ferry which is entirely outdoors, or

(ii) a distance of at least two metres is maintained between the person and other persons,

(i) seeking medical assistance, and—

(i) the wearing of a face covering would materially impede the seeking of the assistance, or

(ii) the assistance is emergency assistance and either the person does not have a face covering with them or there is not time to put one on,

(j) providing care or assistance to a vulnerable person, including emergency assistance, where—

(i) the wearing of a face covering would materially impede the seeking of the assistance, or

(ii) the assistance is emergency assistance and either the person does not have a face covering with them or there is not time to put one on,

(k) acting to avoid injury, or illness or to escape a risk of harm, where—

(i) the wearing of a face covering would materially impede the seeking of the assistance, or

(ii) the assistance is emergency assistance and either the person does not have a face covering with them or there is not time to put one on,

(l) unable to 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(1)), or

(ii) without severe distress,

(m) communicating with a person who has difficulties communicating (in relation to speech, language or otherwise) and relies on lip reading or facial expression to be able to communicate,

(n) eating or drinking,

(o) taking medication, the taking of which reasonably requires that the person is not wearing a face covering, or

(p) complying with a request by a relevant person or another person acting in the course of their duties, and in this sub-paragraph “relevant person” has the meaning given by regulation 4(11).

(2) For the purpose of paragraph (1)—

(a) a person uses a passenger transport service when—

(i) they are—

(aa) boarding any mode of transport by means of which a passenger transport service is provided, or

(bb) on board any mode of transport, whether or not for the purpose of travel, by means of which a passenger transport service is provided, and

(ii) that service is available for use by the public,

(b) a person uses passenger transport service premises when—

(i) they are present at premises where a passenger transport service may provide, stop or terminate their service, and

(ii) the part of those premises in which they are present is available for use by the public.

Requirement to wear face coverings in certain indoor places

2.  A person who enters or remains within a place listed in paragraph 3 must wear a face covering, unless the person is—

(a) a child who is under 5 years of age,

(b) a constable acting in the course of the constable’s duty,

(c) an emergency responder (other than a constable) acting in their capacity as an emergency responder,

(d) a person who is responsible for a place listed in paragraph 3, an employee of that person or a volunteer at that place, where—

(i) there is a partition between the person, employee or volunteer and members of the public, or

(ii) a distance of at least two metres is maintained between the person, employee or volunteer and members of the public,

(e) in a restaurant, cafe, bar or public house and seated at a table,

(f) in a place of worship and leading an act of worship where—

(i) there is a partition between the person and any other person, or

(ii) a distance of at least two metres is maintained between the person and any other person,

(g) at a funeral, marriage ceremony or civil partnership registration and leading the service, ceremony or registration where—

(i) there is a partition between the person and any other person, or

(ii) a distance of at least two metres is maintained between the person and any other person,

(h) at a marriage ceremony or civil partnership registration and is one of the parties to be married or entering into a civil partnership, where—

(i) there is a partition between the parties and any other person, or

(ii) a distance of at least two metres is maintained between the parties and any other person,

(i) seeking medical assistance, and—

(i) the wearing of a face covering would materially impede the seeking of the assistance, or

(ii) the assistance is emergency assistance and either the person does not have a face covering with them or there is not time to put one on,

(j) providing care or assistance to a vulnerable person, including emergency assistance, where—

(i) the wearing of a face covering would materially impede the seeking of the assistance, or

(ii) the assistance is emergency assistance and either the person does not have a face covering with them or there is not time to put one on,

(k) acting to avoid injury, or illness or to escape a risk of harm, where—

(i) the wearing of a face covering would materially impede the seeking of the assistance, or

(ii) the assistance is emergency assistance and either the person does not have a face covering with them or there is not time to put one on,

(l) unable to 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), or

(ii) without severe distress,

(m) communicating with a person who has difficulties communicating (in relation to speech, language or otherwise) and relies on lip reading or facial expression to be able to communicate,

(n) eating or drinking,

(o) taking part in exercise of a type which reasonably requires that the person is not wearing a face covering,

(p) taking medication, the taking of which reasonably requires that the person is not wearing a face covering,

(q) complying with a request by a relevant person or another person acting in the course of their duties, and in this sub-paragraph “relevant person” has the meaning given by regulation 4(11),

(r) undertaking food handling tasks, to avoid risk to the hygiene or safety of food arising from or in connection with the wearing of a face covering, or

(s) undertaking tasks in the course of their employment, where the wearing of a face covering would cause a material risk of harm.

Places where face coverings must be worn

3.—(1) These are the places where face coverings must be worn in accordance with paragraph 2—

(a) any building or room used for the retail sale or hire of goods or services, including—

(i) restaurants, including restaurants and dining rooms in hotels or members’ clubs,

(ii) cafes, including canteens except canteens in a school or any other place where child minding or day care of children within the meaning of paragraphs 12 and 13 of schedule 12 of the Public Services Reform (Scotland) Act 2010(2) is provided,

(iii) bars, including bars in hotels or members’ clubs,

(iv) public houses,

(b) any indoor communal area—

(i) in a workplace, and

(ii) where there are no measures in place to keep persons separated by either a—

(aa) partition, or

(bb) distance of at least two metres,

(c) any indoor public place, or part of an indoor public place, where a marriage ceremony or civil partnership registration is taking place, including any restaurant, cafe, bar or public house for the duration of the ceremony or registration,

(d) amusement arcades and other indoor leisure facilities,

(e) banks, building societies and credit unions,

(f) bingo halls,

(g) bowling alleys,

(h) casinos,

(i) cinemas,

(j) community centres,

(k) crematoriums and funeral directors premises,

(l) enclosed motor vehicles while in use for a driving lesson or driving test, unless all occupants are members of the same household,

(m) indoor fitness studios, gyms, swimming pools or other indoor leisure centres,

(n) indoor funfairs,

(o) indoor skating rinks,

(p) libraries and public reading rooms,

(q) museums and galleries,

(r) places of worship,

(s) post offices,

(t) registration offices, meaning any registration office provided under section 8(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965(3), and

(u) storage and distribution facilities, including collection and drop off points.

(2) In this paragraph—

“communal area” means an area where persons mingle or gather, such as—

(a)

passageways,

(b)

stairs,

(c)

lifts,

(d)

staff rooms,

(e)

training rooms,

(f)

changing rooms, or

(g)

entrances,

“motor vehicle” has the meaning given by section 185(1) of the Road Traffic Act 1988(4), except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of that Act, and

“workplace” excludes—

(a)

a school, and

(b)

any other place where child minding or day care of children within the meaning of paragraphs 12 and 13 of schedule 12 of the Public Services Reform (Scotland) Act 2010(5) is provided.

(1)

2010 c.15.

(2)

2010 asp 8.

(3)

1965 c.49. Section 8(1) was amended by section 51(3)(a) of the Local Government etc. (Scotland) Act 1994 (c.39) and section 37(5) of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14).

(4)

1988 c.52.

(5)

2010 asp 8.