Q&As

1. Is there any direct offence for business (employees) for failing to wear masks and visors under Coronavirus Regulations? 2. Is there any direct offence for businesses for failing to comply with government guidance in relation to coronavirus (COVID-19), in particular to wearing of masks and visors? 3. If offences are provided for under the above, are fixed penalty notices available? 4. For the above, are these enforceable by district and borough councils? This particularly relates to close contact services and barbers and the stated requirement in the government guidance for those working in close proximity for extended periods to 'wear a visor/googles and a type II face mask'.

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Published on LexisPSL on 10/11/2020

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • 1. Is there any direct offence for business (employees) for failing to wear masks and visors under Coronavirus Regulations? 2. Is there any direct offence for businesses for failing to comply with government guidance in relation to coronavirus (COVID-19), in particular to wearing of masks and visors? 3. If offences are provided for under the above, are fixed penalty notices available? 4. For the above, are these enforceable by district and borough councils? This particularly relates to close contact services and barbers and the stated requirement in the government guidance for those working in close proximity for extended periods to 'wear a visor/googles and a type II face mask'.
  • Is there any direct offence for business (employees) for failing to wear masks and visors under Coronavirus Regulations?
  • Is there any direct offence for businesses for failing to comply with government guidance in relation to Coronavirus Regulations, in particular to wearing of masks and visors? If offences are provided for under the above, are fixed penalty notices available?
  • For the above, are these enforceable by district and borough councils? This particularly relates to close contact services and barbers and the stated requirement in the government guidance for those working in close proximity for extended periods to 'wear a visor/googles and a type II face mask'.

On 23 October 2020, the Chair of the Local Government Association’s (LGA) Safer and Stronger Communities Board, Nesil Caliskan, made a statement on the tools councils should have to mitigate the spread of coronavirus (COVID-19). Caliskan felt that councils should be able to take ‘rapid action’ against businesses failing to implement safety measures, and he ‘look[s] forward to hearing more details…over the coming days’. See: LGA seeks tools to combat businesses violating safety measures amid coronavirus (COVID-19)—LNB News 23/10/2020 86.

The measures undertaken to help prevent the spread of coronavirus are in constant changes as the government aims to follow the evolution of the transmission of the virus within the community. To simplify the system, three-tiered response levels were introduced to locally manage the spread of the coronavirus. These new regulations came into force in England on 14 October 2020, creating a three-tier system of restrictions to address local outbreaks of coronavirus. These regulations were made in exercise of the powers conferred by sections 45C(1), (3)(c), (4)(b), (4)(d), 45F(2) and 45P of the Public Health (Control of Disease) Act 1984.

Government guidance on face coverings lists the indoor settings where face coverings must be worn in England. These include premises providing personal care and beauty treatments.

The guidance for close contact services specifies that those providing a close contact service must wear a clear visor or goggles

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