(Jersey) Law 1994
A LAW to make new provision for the
registration and regulation of nursing homes and for connected purposes
(1) In this Law –
“certified” in relation to a midwife, means
a person authorized to exercise the profession of midwife in Jersey under the Loi (1922) sur la santé publique
the Health and Social Care Commission established by Article 35 of the
Regulation of Care (Jersey) Law 2014;
“maternity home” has the meaning given by Article 1A(1)(b);
“mental disorder” has
the meaning given by Article 1 of the Mental Health (Jersey) Law 2016;
“mental nursing home” means any premises
used or intended to be used for the reception of, and the provision of nursing
or other medical treatment (including care, habilitation or rehabilitation
under medical supervision) for, one or more mentally disordered persons,
(meaning persons suffering, or appearing to be suffering, from mental disorder)
whether exclusively or in common with other persons;
“notice” means a notice in writing;
“nursing home” has the meaning given by Article 1A;
“prescribed” means prescribed by Order of
the Chief Minister;
“registered medical practitioner” has the
same meaning as in the Medical
Practitioners (Registration) (Jersey) Law 1960;
“relative” has the meaning given by Article 2.
this Law, any reference to carrying out a termination of pregnancy includes
administering any drug for the purpose of inducing a termination.
of “nursing home”
this Law “nursing home” means any premises, not being a mental
nursing home, which are used or intended to be used –
(a) for the reception of, and the provision of
nursing for, persons suffering from any sickness, injury or infirmity; or
(b) for the reception of pregnant women or of
women immediately after childbirth (a “maternity home”); or
(c) for the provision of all or any of the
services specified in paragraph (3).
“nursing home” does not include –
sanatorium provided at a school or educational establishment and used or
intended to be used solely by persons in attendance at, or members of the staff
of, that school or establishment or members of their families;
first aid or treatment room provided at a factory, office, shop premises or at
a sports ground, show ground or place of public entertainment;
premises used or intended to be used wholly or mainly –
the purpose of consultations with patients by a registered medical
the purpose of treating patients by a registered dentist within the meaning of
Article 1 of the Dentistry (Jersey) Law 2015 or a chiropodist or podiatrist registered under the Health Care
(Registration) (Jersey) Law 1995, or
the provision of occupational health facilities,
unless they are used or
intended to be used for the provision of any of the services specified in
paragraph (3), not being premises prescribed under sub-paragraph (e);
premises used or intended to be used wholly or mainly as a private dwelling;
other premises which may be prescribed for the purposes of this paragraph.
services mentioned in paragraph (1)(c) and paragraph (2)(c) are –
carrying out of surgical procedures under anaesthesia;
carrying out of terminations of pregnancy;
or peritoneal dialysis;
by laser and diagnosis or treatment by radiation, including X-ray; and
other technique of medicine or surgery (including cosmetic surgery) as to which
the Commission is satisfied that its use may create a hazard for persons
treated by means of it or for the staff of any premises where the technique is
used, and which is prescribed for the purposes of this paragraph.
2 Meaning of “relative”
this Law “relative” means any of the following –
or wife or civil partner;
or other ascendant;
or other descendant;
deducing any relationship for the purposes of paragraph (1) –
relationship by marriage or civil partnership shall be treated as a
relationship by consanguinity, any relationship of the half-blood as a
relationship of the whole blood, and the stepchild of any person as his or her child; and
illegitimate person shall be treated as the legitimate child of the
child’s mother and reputed father.
this Article “husband”, “wife” and “civil
partner” include a person who is living with a person carrying on or
intending to carry on a residential care home as that person’s husband,
wife or civil partner, respectively, and who has been so living for a period of
not less than 6 months.
3 Homes to which Law applies
Law applies to any nursing home.
Law does not apply to –
hospital maintained or controlled by the States or any administration of the
premises used for the purposes of a regulated activity within the meaning of
Article 2 of the Regulation of Care (Jersey) Law 2014.
Registration of Nursing Homes
4 Requirement of registration
Commission shall maintain a register of every nursing home.
person who carries on a nursing home without being registered under this law shall
be guilty of an offence and liable to a fine.
the person carrying on or intending to carry on a nursing home is not the person
who is or is intended to be in charge of the premises, both of those persons
are to be treated as carrying on or intending to carry on the home, and
accordingly as requiring to be registered under this Law.
application for registration under this Law –
be made to the Commission in such form as may be prescribed;
be accompanied by a fee of such amount as may be prescribed; and
or not it is proposed to receive in the home pregnant women or women
immediately after childbirth, and
or not it is proposed to carry out terminations of pregnancy in the home.
to Article 7, the Commission shall, on receiving an application under paragraph (5),
register the applicant in respect of the home named in the application, and
shall issue to the applicant a certificate of registration.
a person is registered in pursuance of an application stating that it is
proposed to receive in the home pregnant women or women immediately after
childbirth or that it is proposed to carry out terminations of pregnancy in the
fact shall be specified in the certificate of registration; and
particulars of the registration shall be entered by the Commission in a
separate part of the register of nursing homes.
certificate of registration issued under this Article shall be kept affixed in
a conspicuous place in the home, and if default is made in complying with this paragraph,
the person carrying on the home shall be guilty of an offence and liable to a
fine not exceeding level 2 on the standard scale.
Commission may issue a duplicate certificate of registration in such
circumstances, and on payment of such fee, as may be prescribed.
6 Registration conditions
shall be a condition of the registration of any person under this Law that the
number of persons kept at any one time in the home (excluding persons carrying
on or employed at the home and their relatives) does not exceed such number as
may be specified in the certificate of registration.
prejudice to paragraph (1), any such registration may be effected subject
to such conditions as the Commission may consider appropriate –
regulating the age, sex and other category of persons who may be received in
the home in question; and
restricting the number of persons who may be accommodated in any particular
room or rooms in the home,
and any condition imposed by
virtue of sub-paragraphs (a) and (b) shall be specified in the certificate
registration of any person in respect of a nursing home in which it is proposed
to carry out terminations of pregnancy may be effected subject to such
conditions as the Commission may consider appropriate.
Commission may from time to time –
or remove any condition for the time being in force in respect of a home by
virtue of this Article, or
an additional condition,
either on the application of a person
registered in respect of it or without such an application.
any condition for the time being in force in respect of a home by virtue of
this Article is not complied with, the person registered in respect of that
home or any person carrying on the home or both of them shall be guilty of an
offence and liable to a fine not exceeding level 3 on the standard scale.
7 Refusal of registration
Commission may refuse to register an applicant under this Law if the Commission
is satisfied –
the applicant, or any person employed or proposed to be employed by the
applicant at the home, is not a fit person (whether by reason of age or
otherwise) to carry on or be employed at a nursing home;
for reasons concerned with situation, construction, state of repair,
accommodation, staffing or equipment (but subject to the provisions of any Order
under Article 15(1) or (2)(b)), the home is not, or any premises used in
connection with the home are not, fit to be used for a nursing home;
the home is, or any premises used in connection with the home are, used, or
proposed to be used, for purposes which are in any way improper or undesirable
in the case of a nursing home;
the way in which it is intended to carry on the home is such as not to provide
services or facilities reasonably required;
the home is not, or will not be, in the charge of a person who is a person who
has the qualifications, skill, knowledge or experience necessary to be in
charge of a nursing home; or
the following condition is not, or will not be, fulfilled in relation to the
home, namely that such number of nurses possessing such qualifications, and in
the case of a maternity home, such number of certified midwives, as may be
specified in a notice served by the Commission on the person carrying on or
proposing to carry on the home are on duty in the home at such times as may be
8 Cancellation of registration
Commission may at any time cancel the registration of a person under this Law –
any ground which would entitle the Commission to refuse an application for the
registration of that person in respect of that home;
the ground that that person has been convicted of an offence against this Law,
or that any other person has been convicted of such an offence in respect of
the ground that any condition for the time being in force in respect of the
home by virtue of this Law has not been complied with;
the ground that that person has been convicted of an offence against an Order
made under Article 15;
the ground that the annual fee in respect of the home has not been paid on or
before the due date; or
the request of that person.
an Order under Article 15(1) or (2)(b) or has come into force with respect
to any nursing home since the date of registration of any person, the
registration may be cancelled on the ground specified in Article 7(1)(b)
by reason that the home does not comply with any standard specified in that Order,
notwithstanding that the construction, accommodation or equipment of the home
or the staffing of the home, as the case may be, has not changed since the date
9 Ordinary procedure for registration, etc.
(1) Where –
person applies for registration under this Law; and
Commission proposes to grant the person’s application,
the Commission shall give him or
her notice of the Commission’s proposal and of the conditions subject to
which the Commission proposes to grant his or her application.
Commission shall give an applicant notice of a proposal to refuse the
where it applies to the Bailiff under Article 11, the Commission shall
give any person registered under this Law notice of a proposal –
cancel the registration;
vary any condition of such registration; or
impose any additional condition.
notice under this Article shall –
the Commission’s reasons for the Commission’s proposal; and
that within such period as may be specified in the notice (not being less than
21 days beginning with the date of service of the notice) any person on
whom it is served may make objections or representations in writing to the Commission
concerning the proposal.
relation to any proposal mentioned in paragraph (1), (2) or (3) the Commission –
not make a decision on the proposal before the expiration of the period
specified under paragraph (4)(b); and
before making such a decision consider any objections or representations made
in accordance with the notice.
10 Decision of Commission
the Commission decides to adopt a proposal mentioned in paragraph (1), (2)
or (3) of Article 9, it shall serve notice of its decision on any person
on whom the Commission was required to serve notice of the proposal.
notice under this Article shall include an explanation of the right of appeal
conferred by Article 12.
decision of the Commission, other than a decision –
grant an application for registration subject only to conditions agreed between
the applicant and the Commission; or
refuse an application for registration,
shall not take
(i) if no appeal is brought, until the
expiration of the period of 28 days referred to in Article 12(2); and
(ii) if an appeal is brought, until it is
determined or abandoned.
11 Urgent procedure for cancellation, etc.
Commission may apply to the Bailiff ex parte
for a provisional order –
the registration of a person under this Law;
any condition of such registration; or
an additional condition.
upon an application under paragraph (1) it appears to the Bailiff that
there is prima facie evidence that there will
be serious risk to the life, health or well being of any person resident, or as
the case may be, a patient, in the home unless an order is made, the Bailiff
may make a provisional order in accordance with the application of the Commission.
application under paragraph (1) shall be supported by an affidavit stating
the reasons for the Commission’s application.
soon as practicable after the making of a provisional order under this Article –
of the making of the order and its terms; and
copy of the affidavit which supported the application for the order,
shall be served upon any person
registered in respect of the home concerned.
provisional order under this Article shall take effect upon service in
accordance with paragraph (4).
Commission shall, as soon as may be after the service of a provisional order,
summons the person served to appear before the Royal Court to witness the
confirmation of the provisional order and the Court may confirm, vary or cancel
the provisional order or make such other order as it thinks fit in the
interests of any person resident, or as the case may be, any patient, in the
appeal against a decision of the Commission under this Law shall lie to the
appeal against a decision of the Commission may be brought by a person more
than 28 days after service on him or her of notice of the decision.
an appeal against a decision of the Commission the Court may confirm the
decision or direct that it shall not have effect.
13 Effect of death or cancellation
(1) Where –
person only is registered under this in respect of a nursing home to which this
Law applies; and
the person’s executor,
administrator, surviving spouse or surviving civil partner or any other
relative of the person may for a period not exceeding 4 weeks from his or her
death, or such longer period as the Commission may sanction, carry on the home
without being registered in respect of it.
14 Inspection of register
The register kept by the Commission for the purposes of this Law
shall be available for inspection at all reasonable times, and any person
inspecting the register shall be entitled to make copies of entries in the
register on payment of such fee as may be prescribed.
Chief Minister may make Orders specifying standards of construction,
accommodation and equipment which are to be complied with by any nursing home.
Chief Minister may make Orders as to the conduct of nursing homes, and in
to the facilities and services to be provided in such homes;
to the numbers and qualifications of staff to be employed in such homes;
to the numbers of suitably qualified and competent staff to be on duty in such
respect to entry into and the inspection of premises used or reasonably
believed to be used as a nursing home, and the exercise on behalf of the Commission
of the powers conferred by Article 19;
respect to the keeping of records and notices in respect of persons received
into such homes;
respect to the notification of events occurring in such homes;
to the giving of notice by a person of a description specified in the Order of
periods during which any person of a description so specified proposes to be
absent from a nursing home and as to the information to be supplied in such a
to any information required to be provided to the Commission in respect of the
conduct of such homes;
for the making of adequate arrangements for the running of a nursing home
during a period when the person in charge of it is absent from it;
a notice stating the effect of any condition imposed by virtue of Article 6(2)(b)
to be displayed in any room to which the condition relates. 
Chief Minister may make Orders as to registration under this Law, and in
persons registered under this Law to pay an annual fee;
when the fee is to be paid;
to the form of registers to be kept for the purposes of this Law and the
particulars to be contained in them; and
to the information to be supplied on an application for registration.
Order under this Article may provide that a contravention of or failure to
comply with any specified provision thereof shall be an offence and that a person
guilty of such an offence shall be liable to a fine up to level 3 on the
Subordinate Legislation (Jersey)
Law 1960 shall apply to Orders made under this Law.
16 Prohibition on holding out premises as homes
person who –
any name to premises in Jersey; or
any way describes such premises or holds such premises out,
so as to indicate, or so as
reasonably to be understood to indicate, that the premises are a nursing home
shall be guilty of an offence unless registration in respect of the home has
been effected under this Law.
person guilty of an offence under this Article shall be liable to a fine of
level 3 on the standard scale.
17 Liability of officers of body corporate; accessories and abettors,
an offence under this Law or any Order made under it which has been committed
by a body corporate is proved to have been committed with the consent or
connivance of, or to be attributable to any neglect on the part of, any
director, manager, secretary or other similar officer of the body corporate, or
any person purporting to act in any such capacity, he or she as well as the body
corporate shall be deemed to be guilty of that offence and shall be liable to
be proceeded against and punished accordingly.
prejudice to paragraph (1), any person who knowingly and wilfully aids,
abets, counsels, causes, procures or commands the commission of any offence
under this Law or any Order made under it shall be liable to be dealt with,
tried and punished as a principal offender.
any proceedings for an offence under this Law, subject to paragraph (2),
it shall be a defence for the person charged to prove –
the commission of the offence was due to a mistake or to reliance on
information supplied to him or her or to the act or
default of another person, an accident or some other cause beyond his or her control; and
he or she took all reasonable precautions and exercised all due diligence
to avoid the commission of such an offence by himself
or herself or
any person under his or her control.
in any such case the defence provided by paragraph (1) involves the
allegation that the commission of the offence was due to the act or default of
another person or to reliance on information supplied by another person, the person
charged shall not, without leave of the court, be entitled to rely on that defence
unless, within a period ending 7 clear days before the hearing, he or she has
served on the Centenier who instituted proceedings or, if the case is before
the Royal Court, the Attorney General, a notice in writing giving such
information identifying or assisting in the identification of that other person
as was then in his or her possession.
19 Inspection of homes and visiting of patients
to the provisions of this Article, any person authorized in that behalf by the Commission
may at any time, after producing, if asked to do so, some duly authenticated
document showing that he or she is so authorized, enter and inspect any
premises which are used, or which that person has reasonable cause to believe
to be used, for the purposes of a nursing home.
person authorized under paragraph (1) to inspect a nursing home may visit
and interview in private any person who is a patient, or is residing, in the
the purpose of investigating any complaint as to the person’s treatment made by or on
behalf of the patient or resident; or
any case where the person so authorized has reasonable cause to believe that
the patient or resident is not receiving proper care,
and where the person so authorized
is a registered medical practitioner, he or she may examine the patient or
resident in private, and may require the production of, and inspect, any
medical records relating to the patient’s or resident’s treatment
in that home.
person who refuses to allow the inspection of any premises, or without
reasonable cause refuses to allow the visiting, interviewing or examination of
any person by a person authorized in that behalf under this Article or to
produce for the inspection of any person so authorized any document or record
the production of which is duly required by him or her, or otherwise obstructs
any such person in the exercise of his or her powers under this Article, shall
be guilty of an offence.
prejudice to the generality of paragraph (3), any person who insists on
being present when requested to withdraw by a person authorized as aforesaid to
interview or examine a person in private shall be guilty of an offence.
person guilty of an offence under this Article shall be liable to a fine of
level 3 on the standard scale. 
20 Service of documents
Any notice or other document required under this Law to be served
on a person carrying on, or intending to carry on, a nursing home, may be
served on him or her by delivering it personally to him or her or by post and shall be deemed to be properly addressed to the person if it is addressed to his or her usual place of
residence or last known place of business or to the home in question.
21 Transitional provisions, consequential amendments, savings and
This Law may be cited as the
Nursing Homes (Jersey) Law 1994.