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The Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021

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This is the original version (as it was originally made).

Requirement to wear face coverings on public transport

This section has no associated Policy Notes

7.—(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 12 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 one metre 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), 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 15(8).

(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.

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