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

Enforcement of requirement to wear face covering whilst using public transport

5.—(1) Where a relevant person considers that another person is, at the time of boarding, not wearing a face covering, in contravention of the requirement in regulation 3, the relevant person may deny boarding of the relevant vehicle to that person.

(2) Where a relevant person considers that a person is not wearing a face covering, in contravention of the requirement in regulation 3, the relevant person may—

(a) direct that person to wear such a covering;

(b) direct that person to disembark from the relevant vehicle.

(3) Where a person does not comply with a direction given to them by a constable under paragraph (2)(b), the constable may remove them from the relevant vehicle.

(4) A constable exercising the power in paragraph (3) may use reasonable force, if necessary, in the exercise of the power.

(5) Where a relevant person has reasonable grounds to believe that a relevant child is failing to comply with the requirement in regulation 3, the relevant person may direct any individual who has responsibility for the relevant child to secure, so far as reasonably practicable, that the child complies with the requirement.

(6) For the purposes of this regulation, an individual has responsibility for a relevant child if the individual—

(a) has custody or charge of the child for the time being, or

(b) has parental responsibility for the child within the meaning given in section 3 of the Children Act 1989(1).

(7) A person may only exercise a power in paragraph (2) or (3) if they consider it necessary and proportionate to ensure compliance with the requirement in regulation 3.

(8) In this regulation, “relevant child” means a child who is aged 11 or over.

(9) In these Regulations—

“relevant person” means—

(a)

a constable;

(b)

a police community support officer;

(c)

in relation to a public transport service provided by TfL or a TfL contractor, a TfL officer;

(d)

in relation to a public transport service provided by any other operator—

(i)

the operator, or

(ii)

any employee or agent of the operator who is authorised by the operator for the purposes of this regulation;

(e)

a person designated by the Secretary of State for the purposes of this regulation;

“relevant vehicle” means a vehicle by means of which a public transport service is provided;

“TfL” means—

(a)

Transport for London(2), or

(b)

a subsidiary (within the meaning of section 1159 of the Companies Act 2006(3)) of Transport for London;

“TfL contractor” means a contractor who provides a public transport service on behalf of TfL;

“TfL officer” means any of the following whilst acting in the course of their duties—

(a)

an employee or agent of TfL;

(b)

an employee or agent of a TfL contractor.

(1)

1989 c. 41.

(2)

Transport for London is a body corporate established by section 154 of the Greater London Authority Act 1999 (c. 29).

(3)

2006 c. 46.