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Cremation (Suspension and Modification of Regulations – Covid-19) (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.

 

20.075.70

 

Showing the law from 15 October 2021 to Current

 




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Cremation (Suspension and Modification of Regulations – Covid-19) (Jersey) Regulations 2020

THE STATES make these Regulations under Article 3 of the Cremation (Jersey) Law 1953 –

Commencement [see endnotes]

1        Modification of principal Regulations

(1)     The Cremation (Jersey) Regulations 1961 (the “principal Regulations”) apply with the variations set out in Regulations 2 and 3 of these Regulations.

(2)     These Regulations apply without prejudice to the Minister’s exercise of the power conferred by Regulation 11(1) of the principal Regulations.

(3)     During the period between the commencement of the Covid-19 (Amendments – Extension, Suspension and Repeal) (Jersey) Regulations 2020 and the expiry of these Regulations, Regulations 2 and 3 do not have effect unless there is in force an Order under paragraph (4).[1]

(4)     The Minister may by Order re-instate the effect of Regulations 2 and 3.[2]

(5)     Before making an Order under paragraph (4) 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.[3]

(6)     Nothing in an Order under paragraph (4) is to be treated as derogating from Regulation 4(c).[4]

2        Regulation 6 of the principal Regulations suspended in part

In Regulation 6 (certificates to accompany application) of the principal Regulations, paragraph (a) applies as though the words “, together with a confirmatory medical certificate, in the form set out in Schedule 3, signed by another registered medical practitioner who has been registered as a fully registered medical practitioner under the Medical Act 1956 of the United Kingdom for a period of not less than 5 years, being neither a relative of the deceased nor a relative or partner of the practitioner who signed the first-mentioned certificate” were deleted.

3        Regulation 7 of the principal Regulations modified

Regulation 7 (powers and duties of medical referee) of the principal Regulations applies as though –

(a)     in paragraph (1)(c) –

(i)      for “certificates” in each place there were substituted “certificate”, and

(ii)      for “persons” there were substituted “person”;

(b)     after paragraph (2) there were inserted –

“(3)    Despite paragraphs (1) and (2), a medical referee may, during the epidemic of infectious disease caused by the covid-19 coronavirus, and if he or she considers that the cause of death is due to or related to such disease, permit a cremation to take place without being satisfied as to the matters mentioned in paragraph (1)(c).”.

4        Citation, commencement and duration[5]

These Regulations –

(a)     may be cited as the Cremation (Suspension and Modification of Regulations – Covid-19) (Jersey) Regulations 2020;

(b)     come into force immediately after they are made; and

(c)     expire at the end of 30th April 2022.

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

◦Projet No (where applicable)

Cremation (Suspension and Modification of Regulations – Covid-19) (Jersey) Regulations 2020

R&O.23/2020

Immediately after they were made on 24 March 2020

P.21/2020

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

◦Projets available at statesassembly.gov.je

Table of Endnote Reference



[1] Regulation 1(3)           inserted by R&O.115/2020

[2] Regulation 1(4)           inserted by R&O.115/2020

[3] Regulation 1(5)           inserted by R&O.115/2020

[4] Regulation 1(6)           inserted by R&O.115/2020

[5] Regulation 4                amended by R&O.115/2020, R&O.52/2021, R&O.127/2021


Page Last Updated: 15 Oct 2021