Regulation of Care (Transitional
and Transfer) (Jersey) Regulations 2018
Made 20th November 2018
Coming into force 1st
January 2019
THE STATES, in pursuance of Article 49 of the Regulation of Care (Jersey) Law 2014[1], have made the following
Regulations –
1 Interpretation
In these Regulations –
“1978 Law” means the Nursing Agencies (Jersey) Law 1978[2] as it applied before the
commencement date;
“1994 Law” means the Nursing and Residential Homes
(Jersey) Law 1994[3] as it applied before the
commencement date;
“2014 Law” means the Regulation of Care (Jersey) Law 2014[4];
“commencement date” means the date that the Regulation
of Care (Regulated Activities) (Jersey) Regulations 2018[5] come into force;
“enforcement action” means any action taken by or on
behalf of the Minister to enforce the 1978 Law or the 1994 Law and includes any
action taken by way of prosecution under either of those Laws;
“finally determined” means, in relation to an
application for registration under the 2014 Law, that the Commission has made a
decision on the application and either the time for appealing that decision has
expired without such an appeal being made, or, if such an appeal was made, that
appeal has been concluded;
“Minister” means Minister for Health and Social Services.
2 Licensed
nursing agencies
(1) A holder
of a licence granted under Article 2 of the 1978 Law that was in force
immediately before the commencement date is treated on the commencement date as
being registered as the provider of a home care service under the 2014 Law.
(2) A person
treated as being the registered provider of a home care service under paragraph (1)
who cancels that registration within 30 days is not liable to pay any fees
in respect of such registration.
(3) A
person treated as being the registered provider of a home care service under paragraph (1)
is not liable to be convicted of an offence under Article 3 of the 2014 Law –
(a) for
a period of 6 months following the commencement date; and
(b) if
that person has applied to register a manager under Article 4 of that Law
within that 6-month period and that period has expired, before that application
has been finally determined.
3 Registered
homes
(1) A person
carrying on a home that was registered under Article 4 of the 1994 Law
immediately before the commencement date is treated on the commencement date as
being registered as a provider of a care home service under the 2014 Law.
(2) A
person treated as being the registered provider of a care home service under paragraph (1)
on the commencement date who cancels that registration within 30 days is
not liable to pay any fees in respect of such registration.
(3) A
person treated as being the registered provider of a care home service under paragraph (1)
is not liable to be convicted of an offence under Article 3 of the 2014 Law
for a period of 6 months following the commencement date.
4 Persons
undertaking regulated activity not previously registered
(1) This
Regulation applies to a person who, after the commencement date, is carrying on
or managing a regulated activity that was not registered under either the 1978 Law
or the 1994 Law.
(2) A
person to whom this Regulation applies is not liable to be convicted of an
offence under Article 3 of the 2014 Law –
(a) for
a period of 6 months following the commencement date; and
(b) if
the person has applied to register that regulated activity under Article 4
of that Law within that 6-month period and that period has expired, before that
application has been finally determined.
5 Enforcement
action under 1978 Law or 1994 Law
Where any enforcement action has been taken under the 1978 Law or
the 1994 Law before the commencement date but the outcome of that action has
not been concluded by that date, the action may continue after the commencement
date until such conclusion as if the Law under which it was taken was still in
force as it applied immediately before the commencement date.
6 Transfer
of records
(1) Any
records held by the Minister in relation to any services under –
(a) the
1978 Law; or
(b) the
1994 Law other than services for which registration is unaffected by the
commencement date,
are, on the commencement date, transferred to the Commission.
(2) However,
the Minister continues to have the right to access the records.
7 Citation
and commencement
These Regulations may be cited as the Regulation of Care
(Transitional and Transfer) (Jersey) Regulations 2018 and shall come into
force on the commencement date.
l.-m. hart
Deputy Greffier of the States