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Covid-19 (Gatherings) (Jersey) Regulations 2020

Official Consolidated Version

This is an official version of consolidated legislation compiled and issued under the authority of the Legislation (Jersey) Law 2021.

 

20.055.40

 

Showing the law from 15 October 2021 to Current

 




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Covid-19 (Gatherings) (Jersey) Regulations 2020

THE STATES make these Regulations under Article 2 of the Covid-19 (Enabling Provisions) (Jersey) Law 2020 –

Commencement [see endnotes]

1        Interpretation

In these Regulations –

gathering control Order” means an Order under Regulation 2(1);

“gathering control requirement” has the meaning given by Regulation 2(4);

“Medical Officer of Health” means a person appointed as such under Article 10 of the Loi (1934) sur la Santé Publique;

“Minister” means the Minister for Health and Social Services.

2        Gathering control Orders

(1)     The Minister may by Order declare a period during which a gathering control requirement applies, by specifying the requirement and declaring that the period –

(a)     starts on a specified date, being no sooner than the coming into force of the Order; and

(b)     ends at the end of a specified day, being no later than 31 days after the start of the period.

(2)     Despite Article 11(3) of the Interpretation (Jersey) Law 1954, a provision specifying the end of a period under paragraph (1)(b) may not be amended other than –

(a)     to declare an earlier end; or

(b)     to declare a later end, being no later than 31 days after the commencement of each Order making such an amendment.

(3)     Before making a gathering control Order the Minister must –

(a)     consult the Medical Officer of Health and the Council of Ministers; and

(b)     be satisfied that it is necessary and proportionate, having regard to the foreseeable risk of the spread of Covid‑19 in Jersey, to make the Order.

(4)     A gathering control requirement is one of the following –

(a)     a full prohibition, being a provision that prohibits a person from taking part in a gathering of more than a specified number of people, no fewer than 10;

(b)     a conditional prohibition, being a provision that prohibits a person from taking part in a gathering of more than a specified number of people, no fewer than 10, if the gathering involves any one or more of –

(i)      being inside a building,

(ii)      consuming alcohol,

(iii)     singing or shouting,

(iv)     engaging in physical exertion that requires heavy breathing,

(v)     any other specified activity or circumstance, appearing to the Minister, and to the Medical Officer of Health, to raise the risk of spread of Covid-19 to a dangerous degree; or

(c)     a combined prohibition, being a provision that applies a conditional prohibition, but also applies a full prohibition in relation to another specified number of people that is higher than the number specified for the conditional prohibition.

(5)     A child under the age of 12 –

(a)     does not contravene a gathering control requirement by taking part in a gathering; but

(b)     is to be counted towards the specified number of people when assessing whether another person, aged 12 or over, contravenes a gathering control requirement by taking part in that gathering.

(6)     A gathering control Order –

(a)     may specify the locations, or descriptions of locations, to which a gathering control requirement applies, or apply that requirement without limitation as to location; and

(b)     may do so in a manner that includes a person’s home, but not so as to prohibit a group of people who have the same home from taking part in a gathering in that home without other people.

(7)     A gathering control Order may impose a requirement –

(a)     in general or in particular circumstances (including by type of gathering), or as different requirements for different circumstances;

(b)     on people generally or on a particular description of people, or as different requirements for different descriptions of people;

(c)     subject to exceptions, whether in the form of exemptions or otherwise.

(8)     A gathering control Order that imposes a conditional or combined prohibition on a particular type of gathering –

(a)     may disapply any one or more, but not all, of clauses (i) to (iv) of paragraph (4)(b) in relation to that type of gathering; and

(b)     may include, in relation to that type of gathering, provision made under paragraph (4)(b)(v) that is different from provision so made in relation to any other type of gathering.

(9)     Paragraphs (6)(a), (7) and (8)(b) do not limit Article 11(4) of the Interpretation (Jersey) Law 1954 in its application to the power to make a gathering control Order.

3        Power to direct person to take steps or to leave an area

(1)     Paragraph (2) applies if a police officer, or an enforcement officer of a description specified by Order under paragraph (6), has reasonable grounds to suspect that a person is contravening a gathering control requirement imposed on that person by a gathering control Order.

(2)     The officer may direct the person to do either or both of the following –

(a)     to take reasonable steps specified by that officer to cease, within a time specified by that officer, to contravene that requirement;

(b)     to leave an area, specified by that officer, within a time specified by that officer, and not to return to that area within a further time specified by that officer.

(3)     A person commits an offence, and is liable to a fine of level 2 on the standard scale, if the person –

(a)     has contravened a gathering control requirement imposed on that person by a gathering control Order; and

(b)     wilfully fails to comply with a direction given to the person under this Regulation in relation to that contravention.

(4)     The whole or part of a direction is to be disregarded for the purpose of paragraph (3)(b) to the extent that –

(a)     the time specified in it, to cease contravention of a gathering control requirement or to leave an area, is shorter than is reasonable in the circumstances;

(b)     the further time specified in it, in relation to return to the area, is longer than whichever is the shorter of –

(i)      3 hours, or

(ii)      a shorter period that is reasonable with a view to preventing a resumption of the contravention;

(c)     it specifies an area that is broader than reasonably appears to the officer to be necessary for the purpose of preventing a resumption of the contravention;

(d)     it includes the person’s home in the specified area, or includes leaving the person’s home in the specified steps;

(e)     it prevents the person attending, at a time when the person is required or expected to attend there, at a place that the person is –

(i)      required to attend for the purpose of the person’s employment or work,

(ii)      required to attend by an obligation imposed by or under an enactment or by an order of a court or tribunal, or

(iii)     expected to attend for the purpose of education or training or receiving medical treatment;

(f)      it does not comply with any other restriction on directions that is specified by the Minister in the gathering control Order.

(5)     If paragraph (2) applies the officer must have regard, when considering whether to give a direction or what direction to give, to any guidance published for that purpose by the Medical Officer of Health as to factors that increase the risk of spread of Covid‑19 in gatherings.

(6)     A gathering control Order may specify any of the following descriptions of person as enforcement officers –

(a)     an enforcement officer within the meaning of the Covid‑19 (Screening, Assessment and Isolation) (Jersey) Regulations 2020, other than a police officer;

(b)     a health officer within the meaning of those Regulations.

4        Citation, commencement and expiry

(1)     These Regulations may be cited as the Covid-19 (Gatherings) (Jersey) Regulations 2020.

(2)     These Regulations come into force on the day after they are made.

(3)     These Regulations expire at the end of 30th April 2022.[1]

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

◦Projet No (where applicable)

Covid-19 (Gatherings) (Jersey) Regulations 2020

R&O.148/2020

25 November 2020

P.157/2020

Covid-19 (Amendments – Extension and Suspension) (Jersey) Regulations 2021

R&O.52/2021

29 April 2021

P.25/2021

Covid-19 (Amendments – Further Extensions) (Jersey) Regulations 2021

R&O.127/2021

15 October 2021

P.84/2021

◦Projets available at statesassembly.gov.je

Table of Endnote Reference



[1] Regulation 4(3)           amended by R&O.52/2021, R&O.127/2021


Page Last Updated: 15 Oct 2021