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Covid-19 (Screening, Assessment and Isolation) (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.

 

20.065

 

Showing the law from 29 April 2022 to Current

 



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Covid-19 (Screening, Assessment and Isolation) (Jersey) Regulations 2020

Regulation

Interpretation and Preliminary provisions  5

1                 Interpretation. 5

2                 Authorisation of officers. 6

3                 Infected area. 7

Self-Isolation and Order to prohibit going to or remaining in public places  7

4                 Self-isolation, without individual direction or removal 7

5                 Power by Order to prohibit going to or remaining in public places. 7

Powers in relation to persons suspected to be potentially infectious  9

6                 Powers to direct or remove persons to a place suitable for screening or assessment  9

7                 Powers exercisable at a screening or assessment place. 9

8                 Powers exercisable after screening or assessment. 9

9                 Ancillary powers. 9

Miscellaneous and Final provisions  9

10              Children. 9

11              Right to review by Minister. 9

12              Formalities, guidance and advice. 9

13              Offences of obstruction, absconding and misinformation. 9

14              Review of operation of Regulations by Minister. 9

15              Citation, duration and suspension. 10

Table of Legislation History. 11

Table of Endnote References. 11

 


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Covid-19 (Screening, Assessment and Isolation) (Jersey) Regulations 2020

THE STATES make these Regulations under the Order in Council dated 28th March 1771 –

Commencement [see endnotes]

PART 1

Interpretation and Preliminary provisions

1        Interpretation

(1)     In these Regulations –

“area” includes a country or territory;

“assessment” means, in relation to a person, assessment of the measures that it would be appropriate to take in relation to the person (under these Regulations or otherwise) to mitigate the risk that the person might infect or contaminate others with Covid-19;

“authorised officer” has the meaning given by Regulation 2;

“enforcement officer” means –

(a)     a police officer;

(b)     a prison officer within the meaning of the Prison (Jersey) Law 1957;

(c)     an officer within the meaning of the Customs and Excise (Jersey) Law 1999; or

(d)     an officer appointed under paragraph 1 of Part 1 of Schedule 2 to the Immigration Act 1971 as extended to Jersey by the Immigration (Jersey) Order 1993;

“health officer” means –

(a)     a person appointed under Article 10 of the Public Health Law, other than the Medical Officer of Health; or

(b)     a doctor acting under the direction of the Medical Officer of Health;

“infected area” means an area declared under Regulation 3;

“Jersey” includes the territorial sea adjacent to Jersey;

“Medical Officer of Health” means a person appointed as such under Article 10 of the Public Health Law;

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

“potentially infectious person” has the meaning given by paragraph (2);

“Public Health Law” means the Loi (1934) sur la Santé Publique;

“publish” is to be read in accordance with paragraphs (4) and (5);

“screening” means, in relation to a person –

(a)     assessing the extent to which the person has been exposed to Covid-19;

(b)     determining whether the person is infected or contaminated with Covid-19; or

(c)     assessing the person’s symptoms and state of health.

(2)     In these Regulations a person is “potentially infectious” at a particular time if –

(a)     the person is, or may be, infected or contaminated with Covid-19, and there is a risk that the person might infect or contaminate others with Covid-19; or

(b)     the person has been in an infected area within the 14 days preceding that time.

(3)     Nothing in these Regulations is to be read as derogating from any provision of the Public Health Law.

(4)     A power to impose a requirement, or to publish a notice or advice, is to be read as including a power, in the like manner, to vary or revoke the requirement, notice or advice.

(5)     In these Regulations a reference to publishing a notice or advice is to –

(a)     publishing it online; and

(b)     as soon as practicable after online publication, publishing it by at least one other means appearing likely, to the person publishing it, to bring it to the attention of those unlikely to see it online.

(6)     Nothing in these Regulations is to be read as meaning that a place is not suitable for screening or assessment merely by virtue of being a person’s home.

(7)     A reference in these Regulations to informing a person of an offence under a provision is to be read as a reference to informing the person in general terms and not as requiring mention of the particular provision concerned.

2        Authorisation of officers

(1)     The Medical Officer of Health is an authorised officer for the purpose of these Regulations.

(2)     A health officer is an authorised officer for the purpose of these Regulations.

(3)     An enforcement officer is an authorised officer for the purpose of these Regulations.

(4)     The Minister may, by Order, provide that any other person, or any other description of persons, is to be treated as an authorised officer for the purpose of these Regulations.

(5)     The Minister may, by published notice, declare that any description of authorised officer is not to be so treated.

3        Infected area

(1)     The Minister may, by Order, declare an area to be an infected area, if the Minister is satisfied that there is a risk that persons arriving in Jersey, after travelling from or through that area, may be infected or contaminated with Covid-19.

(2)     The area is to be treated as infected –

(a)     from the date of the commencement of the Order; or

(b)     if another date is specified in the Order (regardless of whether that date is before or after the date of its commencement), from that specified date.

(3)     From the commencement of these Regulations until the commencement of the first Order, every area outside Jersey is to be treated as being an infected area and to have been such an area since 20th March 2020.

(4)     Nothing in paragraph (3) makes any act or omission an offence if it was done or omitted before the commencement of these Regulations.

PART 2

Self-Isolation and Order to prohibit going to or remaining in public places

4        Self-isolation, without individual direction or removal[1]

5        Power by Order to prohibit going to or remaining in public places

(1)     This Regulation applies if the Minister, after consulting the Medical Officer of Health, is satisfied that the risk to public health caused by Covid-19 has reached a level at which it is proportionate and necessary to make the Order described in paragraph (2) to give effect to paragraphs (5) to (7).

(2)     The Minister may, by Order, declare the start of a period of restricted movement and the end of that period, being no later than 14 days after the start.

(2A)   Before making an Order under paragraph (2) at a time when no Order under that paragraph is in force, the Minister must consult the Council of Ministers.[2]

(3)     Despite Article 17 of the Interpretation (Jersey) Law 1954, the provision declaring the end of the period may not be amended other than –

(a)     to declare an earlier end; or

(b)     to declare a later end, being no later than 14 days after the commencement of each Order making such an amendment.

(4)     The Order –

(a)     must provide for exceptions from the requirement of paragraph (5) for specified descriptions of person;

(aa)    may provide a non-exhaustive list of reasonable excuses; and

(b)     may specify places that are, or are not, to be treated as public places.[3]

(5)     A person must not, unless an exception applies, without reasonable excuse go into or remain in a public place during a period of restricted movement.[4]

(6)     A person who contravenes paragraph (5) commits an offence and is liable to a fine of level 2 on the standard scale.[5]

(7)     A police officer who reasonably believes that a person is contravening paragraph (5) may, regardless of whether the person is to be prosecuted for an offence under paragraph (6) –

(a)     remove the person to a place that the police officer reasonably believes is the usual residence of the person, or to any other place appearing suitable to the police officer; or

(b)     exercise any power under Part 3 in relation to the person that may be exercised by an enforcement officer in relation to a person who the officer has reasonable grounds to suspect is potentially infectious.

PART 3

Powers in relation to persons suspected to be potentially infectious

6        Powers to direct or remove persons to a place suitable for screening or assessment[6]

7        Powers exercisable at a screening or assessment place[7]

8        Powers exercisable after screening or assessment[8]

9        Ancillary powers[9]

PART 4

Miscellaneous and Final provisions

10      Children[10]

11      Right to review by Minister[11]

12      Formalities, guidance and advice

(1)     A requirement, direction, instruction, or restriction under these Regulations may be given or imposed orally or in writing.

(2)     [12]

(3)     A person exercising a power under these Regulations must have regard to –

(a)     any relevant guidance issued, before or after the commencement of these Regulations, by the Minister or by the Medical Officer of Health; and

(b)     any advice given by a health officer in relation to a particular case.

13      Offences of obstruction, absconding and misinformation[13]

14      Review of operation of Regulations by Minister

(1)     The Minister must keep the operation of these Regulations under review.

(2)     If the Minister considers that the threat from Covid-19 is no longer sufficient to justify the use of any or all of the powers conferred by these Regulations, the Minister must do one or more of the following –

(a)     instruct a description of authorised officers to cease or limit their exercise of any or all of the powers conferred by these Regulations;

(b)     publish a notice under Regulation 2(5) declaring that a description of authorised officers are not to be treated as such;

(c)     make an Order under Regulation 15(4) suspending the effect of all or part of these Regulations.

15      Citation, duration and suspension

(1)     These Regulations may be cited as the Covid-19 (Screening, Assessment and Isolation) (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 September 2022.[14]

(4)     The Minister may, by Order, suspend the effect of all or part of these Regulations –

(a)     permanently, until the Regulations expire;

(b)     indefinitely, until the Order is revoked;

(c)     for a period specified in the Order; or

(d)     for a period to be determined in any manner specified in the Order, which may include reference to a determination by a person or body outside Jersey or to an event outside Jersey.

(5)     Nothing in an Order under paragraph (4) is to be treated as derogating from paragraph (3).

(6)     Despite Article 17 of the Interpretation (Jersey) Law 1954, when these Regulations expire, or if their effect is suspended by an Order under paragraph (4), any requirement or restriction imposed under these Regulations ceases to have effect in respect of times after the expiry or after the start of the suspension.

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

Projet No (where applicable)

Covid-19 (Screening, Assessment and Isolation) (Jersey) Regulations 2020

R&O.33/2020

28 March 2020

P.32/2020

Covid-19 (Screening, Assessment and Isolation) (Amendment) (Jersey) Regulations 2020

R&O.37/2020

3 April 2020

P.38/2020

Covid-19 (Amendments – Extension, Suspension and Repeal) (Jersey) Regulations 2020

R&O.115/2020

30 September 2020

P.103/2020

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

Covid-19 (Screening, Assessment and Isolation – Partial Suspension) (Jersey) Order 2022

R&O.10/2022

7 February 2022

 

Covid-19 (Amendments – Extensions to September 2022) (Jersey) Regulations 2022

R&O.35/2022

1 April 2022

P.28/2022

Covid-19 (Screening, Assessment and Isolation – Suspension of Powers) (Jersey) Order 2022

R&O.61/2022

29 April 2022

 

◦Projets available at statesassembly.gov.je

Table of Endnote References



[1] Regulation 4                suspended by R&O.10/2022

[2] Regulation 5(2A)         inserted by R&O.52/2021

[3] Regulation 5(4)           amended by R&O.37/2020, editorial change , “and” deleted from sub-paragraph (a)

[4] Regulation 5(5)           amended by R&O.37/2020

[5] Regulation 5(6)           amended by R&O.37/2020

[6] Regulation 6                suspended by R&O.61/2022

[7] Regulation 7                suspended by R&O.61/2022

[8] Regulation 8                suspended by R&O.61/2022

[9] Regulation 9                suspended by R&O.61/2022

[10] Regulation 10            suspended by R&O.61/2022

[11] Regulation 11            suspended by R&O.61/2022

[12] Regulation 12(2)        suspended by R&O.61/2022

[13] Regulation 13            suspended by R&O.61/2022

[14] Regulation 15(3)        amended by R&O.115/2020, R&O.52/2021, R&O.127/2021, R&O.35/2022


Page Last Updated: 29 Apr 2022