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 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: Current legislation
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.

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]

Guidance

Guidance from the government strongly encouraged people to wear a face covering in any other enclosed public space where there were people they did not normally meet.[36] Prime Minister Johnson restated that advice in a speech on 31 July, giving as examples museums, galleries, cinemas, and places of worship, saying face coverings would become required in those settings from 8 August.[37]

Amendments, in force 8 August (SI 839)

SI 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 839).

As with the original regulations, SI 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.[38] The regulations were laid before parliament on 7 August 2020,[38] 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.[39]

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.[40] These are all subject to the same exceptions as before.

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. "COVID-19: guidance for the safe use of places of worship during the pandemic". GOV.UK. Ministry of Housing, Communities & Local Government. 3 August 2020. Retrieved 4 August 2020.
  37. Fry, Maddy (31 July 2020). "Face coverings mandatory in church from 8 August, Prime Minister announces". Church Times. Retrieved 4 August 2020.
  38. SI 839 (2020), Preamble.
  39. SI 839 (2020), Introductory note.
  40. SI 839 (2020), 2(8)(b).

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.
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