Covid-19
(Restricted Trading) (Jersey) Regulations 2020
1 Interpretation
In these Regulations –
“business premises” means a building, place or vehicle –
(a) at, on or in which an
occupation, profession or trade is carried on for the provision of services
directly to members of the public on a regular basis;
(b) at, on or in which a
service is provided directly to members of the public on a regular basis; or
(c) used for the purpose of
selling items by retail, or hiring or displaying items for the purpose of
selling them or hiring them out, whether the items are goods or materials or
whether also sold by wholesale;
“Minister” means the Minister for Health and Social Services;
“occupier” of business premises means –
(a) a person who is entitled
to occupy the premises or part of the premises to the exclusion of the owner;
or
(b) if there is no such
person, the owner of the premises or part of the premises;
“prescribed” means prescribed by Order made by the Minister.
2 Period of restricted trading
(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 Regulation 3.
(2) The Minister may, by Order, declare the
start of a period of restricted trading and the end of that period, being no
later than 14 days after the start.
(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 Minister must, before making an Order
under this Regulation, consult with the Minister for Economic Development,
Tourism, Sport and Culture in relation to the making of the Order.
(5) In this Article, “Medical Officer of
Health” means a person appointed as such under Article 10 of the Loi
(1934) sur la Santé Publique.
3 Direction of Minister concerning closure
or partial closure of certain business premises
(1) The Minister may, by Order, direct that
during a period of restricted trading –
(a) certain business premises
or classes of business premises must be closed to members of the public;
(b) certain business premises
or classes of business premises may be open to members of the public only for a
specified purpose;
(c) a person who is the
occupier or operator of business premises must not carry out certain work; and
(d) a person who is the
occupier or operator of business premises may carry out certain work only for a
specified purpose.
(2) The Order may provide for exceptions from
paragraph (1) for specified business premises or classes of business
premises or specified persons or classes of persons.
(3) The Minister must, before making an Order
under this Regulation, consult with the Minister for Economic Development,
Tourism, Sport and Culture in relation to the making of the Order.
(4) An occupier or operator of business premises
who fails to comply with a direction made by Order under paragraph (1) is
guilty of an offence and is liable to a fine.
4 Offence concerning persons allowed on business
premises
(1) This Regulation applies to business premises
subject to an Order made under Regulation 3(1)(b).
(2) A person who is the occupier or operator of
business premises to which this Regulation applies must not allow members of
the public to enter or remain in or on the business premises unless reasonable
steps have been taken to ensure that –
(a) each person on the
premises (other than any person employed to work on the premises) has
sufficient space; and
(b) any other prescribed
requirement is met.
(3) For the purpose of paragraph (2)(a) –
(a) a person has sufficient
space if the person is reasonably able to maintain the prescribed distance
between himself or herself and any other person on the premises (other than any
member of the person’s household and any person employed to work on the
premises); and
(b) the Minister may, by
Order, prescribe what does or does not constitute sufficient space.
(4) The occupier or
operator of business premises to which this Regulation applies must have regard
to any relevant guidance issued, before or after the commencement of these
Regulations, by the Minister or by the Medical Officer of Health.
(5) A person who fails to comply with paragraph (2)
is guilty of an offence and is liable to a fine.
(6) In this Regulation, “household” means any
persons living together in the same place of residence.
5 Citation, commencement and expiry
(1) These Regulations may be cited as the Covid-19
(Restricted Trading) (Jersey) Regulations 2020 and come into force on the day
after they are made.
(2) These Regulations expire on 30th September
2020.