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Covid-19 (Enabling Provisions) (Jersey) Law 2020

Unofficial Consolidated Version

20.055

Showing the law as at 24 July 2021

 




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Covid-19 (Enabling Provisions) (Jersey) Law 2020

A LAW to enable the States, by Regulations, to make any provision necessary or expedient as a direct or indirect result of the outbreak of Covid-19 in Jersey

Commencement [see endnotes]

1        Interpretation

In this Law “Covid-19” means –

(a)     severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2); and

(b)     any disease that is directly or indirectly caused by that virus, including the disease known as COVID-19.

2        Power to make Regulations

(1)     The States may by Regulations make such provision as appears to them to be necessary or expedient as a direct or indirect result –

(a)     of the outbreak of Covid-19 in Jersey;

(b)     of the aftermath of that outbreak; or

(c)     of the need to prepare for the possibility of one or more subsequent outbreaks of Covid-19 in Jersey, and for the aftermaths of those outbreaks.[1]

(2)     Subject to paragraphs (5) and (6), the provision that may be made under paragraph (1) includes any such provision (of any such extent) as might be made by a Law passed by the States.

(3)     Paragraph (4) does not limit paragraph (1) or (2).

(4)     Regulations under paragraph (1) may –

(a)     amend any Law or other enactment or provision that may be amended by a Law;

(b)     confer a power or impose a duty on a Minister to make, by Order, any provision that may be made by the Regulations;

(c)     establish bodies corporate, corporations sole or other entities;

(d)     confer powers, or impose duties, on any person, including an entity established as mentioned in sub-paragraph (c) or otherwise;

(e)     create offences, or amend provisions creating offences;

(f)      make transitional, transitory, saving, supplementary, incidental or consequential provision.

(5)     The provision that may be made by Regulations under paragraph (1) does not include provision –

(a)     imposing or increasing taxation;

(b)     imposing a penalty of imprisonment for more than 4 years for a criminal offence;

(c)     taking effect from a date earlier than that of the making of the Regulations containing the provision; or

(d)     amending this Law or the Human Rights (Jersey) Law 2000.

(6)     The provision that may be made by Order under Regulations made under paragraph (1) does not include provision –

(a)     imposing or increasing taxation;

(b)     imposing a penalty of imprisonment for more than 12 months for a criminal offence;

(c)     taking effect from a date earlier than that of the making of the Order containing the provision;

(d)     amending this Law or the Human Rights (Jersey) Law 2000; or

(e)     amending Regulations made under paragraph (1), or making any provision inconsistent with any such Regulations.

(7)     The power to make rules of court under the Royal Court (Jersey) Law 1948 includes the power to make rules of court for the purpose of Regulations under this Law, and any other power to make rules for a court or tribunal is to be read as including power to make rules for that purpose.

3        Citation, commencement and cessation of powers

(1)     This Law may be cited as the Covid-19 (Enabling Provisions) (Jersey) Law 2020.

(2)     This Law comes into force on the day after it is registered.

(3)     No Regulations under this Law, and no Order under any such Regulations, may be made on or after 1st April 2022, other than to repeal such Regulations, or such an Order, made before that date.[2]

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

◦Projet No (where applicable)

Covid-19 (Enabling Provisions) (Jersey) Law 2020

L.2/2020

8 April 2020

P.29/2020

Covid-19 (Enabling Provisions) (Amendment) (Jersey) Law 2020

L.8/2020

19 December 2020

P.104/2020

Covid-19 (Enabling Provisions) (Amendment No. 2) (Jersey) Law 2021

L.7/2021

24 July 2021

P.27/2021

◦Projets available at statesassembly.gov.je

Table of Endnote References



[1] Article 2(1)                  amended by L.8/2020

[2] Article 3(3)                  amended by L.8/2020, L.7/2021


Page Last Updated: 07 Aug 2021