Covid-19
(Construction Work) (Jersey) Order 2020
1 Interpretation
(1) In
this Order –
“Construction Regulations”
means the Covid‑19
(Construction Work) (Jersey) Regulations 2020;
“permit holder” means a
person to whom a permit has been granted under Article 6, being a permit
that has not been cancelled under Article 8;
“structure” has the same
meaning as in the Health and Safety Regulations.
(2) A
reference in this Order to guidance is to be read as a reference to that
guidance as amended from time to time, and for that purpose it is irrelevant
whether the guidance was issued, or amended, before or after the commencement
of the Construction Regulations.
(3) A
reference in this Order to a permit being in writing is to be read, for the
purpose of Article 11(3)(c) of the Electronic
Communications (Jersey) Law 2000, as if the permit was a notice.
2 Restriction period[1]
The restriction period
for the purposes of this Order –
(a) starts on the coming into
force of this Order; and
(b) ends at the end of Friday
12th June 2020.
3 General prohibition of construction work
(1) Relevant
construction work is prohibited unless it is –
(a) exempted by Article 4; or
(b) undertaken under a
permit, within the meaning of Article 5.
(2) Despite
Articles 4 and 5, relevant construction work is prohibited if the person
undertaking the work –
(a) has been diagnosed by a
doctor as infected with Covid‑19, and has not subsequently been informed
by a doctor that he or she is no longer infected; or
(b) otherwise is exhibiting
the symptoms of Covid‑19, as for the time being described or endorsed by
the Medical Officer of Health.
4 Exemptions
(1) Relevant construction work is exempt from the
prohibition in Article 3 if –
(a) it is undertaken by 2
individuals at a construction site at which no other person is present; and
(b) those 2 individuals –
(i) maintain a distance of at least 2 metres
between each other, and
(ii) comply with any other
guidance issued by the Medical Officer of Health in relation to this exemption.
(2) Relevant
construction work is also exempt from the prohibition in Article 3
if –
(a) it constitutes necessary
emergency repair or maintenance;
(b) it is undertaken by any
number of individuals, being the number essential for the undertaking of the
work, at a construction site at which –
(i) no other person is present, or
(ii) the only other persons
present are persons who reside at that site; and
(c) each individual
undertaking the work –
(i) maintains a distance of at least 2 metres
from any other person at the site, except when it is essential not to do so in
order to avoid a risk of immediate harm to a person or structure from the item
that is being repaired or maintained, and
(ii) complies with any other
guidance issued by the Medical Officer of Health in relation to this exemption.
(2A) Relevant construction work is also exempt from the prohibition in
Article 3 if it is undertaken by the holder, or by an employee of the
holder, of a licence granted in relation to that work under the Health and Safety
at Work (Asbestos – Licensing) (Jersey) Regulations 2008.[2]
(3) For
the purpose of paragraph (1)(a), an individual undertaking work is not to be
treated as being present at the same construction site as another person if –
(a) the other person resides
in a structure on the site and is inside that structure;
and
(b) the individual
undertaking the work is outside that structure.
5 Work undertaken under a permit
(1) Relevant
construction work that meets all of the conditions in this Article is
“undertaken under a permit” for the purpose of Article 3(1)(b).
(2) The
first condition is that the work is undertaken in compliance with guidance, published by the Minister or the Medical Officer of Health (or
jointly published by them), that is relevant to that work and is intended
to limit the risk of spreading Covid‑19.
(3) The
second condition is that a permit, granted by the Minister under Article 6
in relation to the work at the site, is in effect in relation to that work and
that site.
(4) The
final condition is that the work is undertaken in compliance with all of the conditions
attaching to the permit under Article 7.
6 Grant of permits
(1) The
Minister may grant a permit, in relation to relevant construction work to be
undertaken at a construction site, to a person who is a commercial client or relevant
contractor in relation to that work, if the Minister is satisfied by that
person that the work will be undertaken under the permit
without any person committing an offence under the Construction Regulations at
that site and in relation to that work.
(2) The
permit must be in writing and must identify the work and the site to which it
relates.
(3) The
permit may identify a date and time at which it expires, and otherwise is to be
taken to continue in effect, unless cancelled under Article 8, until the
work to which it relates is completed.
7 Conditions attaching to permits
(1) It
is a condition of a permit that –
(a) a notice, in a form
approved by the Minister and identifying the permit and the site, is displayed
on the outside of the site so as to be clearly visible to persons outside the
site; and
(b) entry to the site is
granted to, and all persons working at the site cooperate with, any person who
shows authorisation from the Minister for the purpose of inspecting the site to
determine whether any offence is being or has been committed there under the
Construction Regulations.
(2) The
Minister may attach a further condition to a class of permit by published
notice.
(3) The
Minister may, by notice in writing to the permit holder, attach a further
condition to a particular permit, at the time of granting it or subsequently,
if the Minister is satisfied that it is necessary to do so in order –
(a) to ensure that no offence
under the Construction Regulations is committed at the site; or
(b) otherwise to reduce the
risk of spreading Covid‑19 at the site.
(4) A
condition that is attached under paragraph (2) or (3) may be varied or revoked
in the same manner.
8 Cancellation of permits
(1) The
Minister may cancel a permit if satisfied, after warning the permit holder or a
person undertaking work at the site, that work should be suspended or halted at
the site because –
(a) the condition in Article
7(1)(b) is being breached; or
(b) the Minister otherwise reasonably
suspects that an offence under the Construction Regulations has been committed
at the site.
(2) The
Minister must –
(a) give notice in writing to
the permit holder of the cancellation of the permit; and
(b) ensure that a notice,
identifying the permit and the site and stating that the permit has been
cancelled, is displayed on the outside of the site so as to be clearly visible
to persons outside the site for a reasonable period.
9 Citation and commencement
This Order may be cited
as the Covid-19 (Construction Work) (Jersey) Order 2020 and comes into force on
the day after it is made.