Covid-19
(Schools and Day Care of Children) (Jersey) Regulations 2020
1 Interpretation
(1) In
these Regulations –
“Covid-19” means the notifiable
contagious and infectious disease set out in the Schedule to the Notifiable Diseases
(Jersey) Order 1988;
“day care accommodation”
includes day carer premises;
“Education Law” means the Education (Jersey) Law 1999;
“published” means published
online or in any other manner appearing likely to the Minister to bring the
item to the attention of those likely to be affected by it, or of the public
generally, and “publish” is construed accordingly.
(2) Words
and phrases used in these Regulations and not otherwise defined, have the same
meanings as in the Education Law and the Day Care of Children
(Jersey) Law 2002 in whichever the word or phrase occurs.
2 Power to require closure of schools and
day care accommodation
(1) The Minister may, by published notice, require
the closure of school premises or day care accommodation to prevent the
contamination by, and spread of, Covid-19.
(2) A notice under paragraph (1) may –
(a) apply in respect of all
schools or day care accommodation;
(b) apply in respect of
specified schools or day care accommodation;
(c) specify the persons in
respect of whom the school premises are, or day care accommodation is, closed;
(d) specify circumstances and
exceptions where the school premises are, or day care accommodation is, not
closed in respect of specified persons;
(e) specify the period for
which the school premises are, or day care accommodation is, closed.
(3) Before publishing a notice under this
Regulation the Minister must –
(a) consult the Council of
Ministers;
(b) obtain the consent of the
Minister for Health and Social Services; and
(c) be satisfied that it is
necessary and proportionate, having regard to the foreseeable risk of the
spread of Covid‑19 in Jersey, to publish the notice.[2]
(4) Before giving consent under
paragraph (3)(b) the Minister for Health and Social Services must consult
the Medical Officer of Health.[3]
(5) The Minister must keep under review the
operation of any notice published under this Regulation.[4]
(6) Article 11(3) of the Interpretation (Jersey) Law 1954 applies to the power to
publish a notice under this Regulation as it applies to a power to make an
enactment under another enactment.[5]
3 Arrangements for the provision of education
otherwise than at a provided school
(1) This Regulation applies where a child of
compulsory school age is not able to receive full-time education by regular
attendance at a provided school by reason of those school premises being closed
to prevent the contamination by, and spread of, Covid-19.
(2) Where this Regulation applies, the Minister
may, in respect of a provided school, determine the arrangements to be made for
the education of a child otherwise than on provided school premises.
(3) Despite the generality of paragraph (2),
the Minister may determine arrangements which include arrangements that may not
meet the standard of instruction satisfying the Minister under Article 13(2)
of the Education Law, but which will nevertheless enable a child to continue to
receive instruction of the Jersey Curriculum as if that child were receiving
full-time education by regular attendance at school.
(4) Where the Minister determines arrangements
under this Regulation, the Minister may direct a provided school to implement
such arrangements and those arrangements are to be taken as arrangements
approved under Article 13 of the Education Law.
(5) Where a provided school implements
arrangements under this Regulation, a parent of a child of compulsory school
age is taken as having discharged his or her duty under Article 12(1) of
the Education Law by ensuring his or her child receives instruction in
accordance with those arrangements.
(6) The Minister may publish guidance as to the
arrangements determined under paragraph (3), and as to their
implementation.
(7) A determination made, or direction given
under this Regulation must be published by the Minister.
(8) Nothing in this Regulation is to be taken
as derogating from the provisions of Article 13 of the Education Law.
4 Citation, duration and
suspension
(1) These Regulations may be cited as the Covid-19
(Schools and Day Care of Children) (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.[6]
(4) Any notice published under Regulation 2,
that has effect immediately before the commencement of the Covid-19 (Amendments
– Extension, Suspension and Repeal) (Jersey) Regulations 2020, ceases to have
effect on that commencement.[7]
(5) [8]