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Emergency Powers and Planning (Amendment No. 3) (Jersey) Law 2019

A LAW to amend the Emergency Powers and Planning (Jersey) Law 1990 to change the constitution of the Emergencies Council, enable the making of emergency arrangements in relation to medical supplies and for connected purposes.

Adopted by the States                                                          10th September 2019

Sanctioned by Order of Her Majesty in Council                  8th October 2019

Registered by the Royal Court                                                 18th October 2019

Coming into force                                                                        19th October 2019

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

1        Interpretation

In this Law “principal Law” means the Emergency Powers and Planning (Jersey) Law 1990[1].

2        Article 1 (Emergencies Council) amended

For Article 1 of the principal Law there is substituted –

“1      Emergencies Council

(1)     There continues to be constituted an Emergencies Council (in this Law referred to as the “Council”) and is composed of the following members –

(a)     the Chief Minister;

(b)     the Minister for Home Affairs;

(c)     the Minister for Economic Development, Tourism, Sport and Culture;

(d)     the Minister for Infrastructure;

(e)     the Minister for Health and Social Services;

(f)      every Minister who is designated as a competent authority under Article 4;

(g)     a Connétable nominated by the Comité des Connétables to be a Council member (who may, but need not, be a Connétable who is member of the Council by virtue of being a competent authority under Article 4).

(2)     The Bailiff, the Lieutenant-Governor and the Attorney General are entitled to attend and be heard at any meeting of the Council but are not members of the Council.

(3)     The Chief Minister may call a meeting of the Council at any time.

(4)     The Chief Minister must chair every meeting of the Council.

(5)     The quorum for any meeting of the Council is the greater of –

(a)     4 members; or

(b)     a simple majority the membership of the Council.

(6)     A member is deemed to be present at the meeting, even if not physically present at it, if, by any means, he or she is able to hear all the members of the Council at the meeting and be heard by all those members.

(7)     Any matter arising or to be decided in a meeting of the Council is to be done or decided by a simple majority of the members of the Council present at the meeting.”.

3        Article 8 (powers of competent authority in relation to food) amended

After Article 8(4) of the principal Law there is inserted –

“(4A) An Order made under this Article may suspend, modify, extend or exclude any contractual obligation, or any obligation or restriction imposed by a licence or authorisation or imposed by or under any enactment, that directly or indirectly affects the supply, distribution or acquisition of food.”.

4        Article 8A (powers of competent authority in relation to medical supplies) inserted

After Article 8 of the principal Law there is inserted –

8A   Powers of competent authority in relation to medical supplies

(1)     A competent authority may by Order –

(a)     make provision to secure, regulate or prohibit the import, acquisition, distribution or supply of medical supplies;

(b)     regulate the price at which medical supplies may be supplied; and

(c)     provide for the requisition of medical supplies from any medical supplier.

(2)     An Order under paragraph (1) may, in particular –

(a)     enable a competent authority to give a direction to any medical supplier in respect of the persons to whom a medical supplier is to supply such medical supplies as may be specified in the direction in accordance with such requirements as may be so specified and, to such extent as may be specified in the direction, restrict or prohibit the supply of medical supplies to persons so specified; and

(b)     enable a competent authority to give a direction in respect of the business opening hours of a retail pharmacy business or of any other medical supplier.

(3)     Where a medical supply is supplied to a person under a direction under paragraph (2), subject to any provision in an Order made under paragraph (1)(b) as to the price to be paid for the medical supply, the person supplied must pay such price in respect of the medical supply as may be reasonable.

(4)     An Order made under this Article may suspend, modify, extend or exclude any contractual obligation, or any obligation or restriction imposed by a licence or authorisation or imposed by or under any enactment, that directly or indirectly affects the provision or use of medical supplies or directly or indirectly affects medical suppliers.

(5)     In this Article –

health care professional” means a person registered under the Health Care (Registration) (Jersey) Law 1995[2];

medical supplies” means medicinal products and any substance, article, equipment or device that is or may be used for a medical or health-related purpose for human beings or animals, whether or not it may be supplied only by being prescribed, and whether or not it is or could also be used for a purpose other than for a medical or health-related purpose;

medical supplier” means any person providing health care or medical supplies and includes a retail pharmacy business, wholesale distributor of medical supplies, hospital, hospice, care home or other establishment, and a practitioner, pharmacist, pharmacy technician or healthcare professional;

medicinal product” has the same meaning as in the Medicines (Jersey) Law 1995[3] (including herbal remedies);

pharmacy technician” means a person registered as such under the Pharmacists and Pharmacy Technicians (Registration) (Jersey) Law 2010[4];

practitioner” has the meaning given in the Medicines (Jersey) Law 1995;

retail pharmacy business” has the meaning given in the Medicines (Jersey) Law 1995;

substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour.”.

5        Article 10 (documents and information) amended

In Article 10 of the principal Law for “7, 8” of the principal Law there is substituted “7, 8, 8A”.

6        Article 11 (state of emergency) amended

In Article 11(4) –

(a)     for “food, water, fuel, light, telecommunication services, postal services and other necessities,” there is substituted “food, water, medical supplies, fuel, gas, electricity, light, telecommunication services, postal services and other necessities,”;

(b)     there is deleted “and make such provisions incidental to the powers aforesaid (including the making by the States of compensation) as may appear to the Council to be required for making the exercise of those powers effective”.

7        Article 12 (provisions as to Orders, directions and Acts) amended

In Article 12 –

(a)     in paragraph (2) for “expedient to include” there is substituted “expedient, and the incidental provisions may include provision for the making by the States of compensation”;

(b)     after paragraph (7) there is inserted –

“(7A) An Act is effected under Article 4, and an Order is made under Article 11(4) if the Act or Order, as the case may be, is signed on behalf of the Council by any member of the Council.”.

8        Article 18 (offences by corporations) substituted

For Article 18 of the principal Law there is substituted –

“9      Offences: responsibility of directors, partners and officers etc.

(1)     In this Article –

“relevant offence” means an offence under this Law committed by a limited liability partnership, a separate limited partnership, an incorporated limited partnership or another body corporate;

“relevant person” means –

(a)     if the relevant offence is committed by a limited liability partnership, a partner of the partnership;

(b)     if the relevant offence is committed by a separate limited partnership or an incorporated limited partnership –

(i)      a general partner, or

(ii)      a limited partner who is participating in the management of the partnership;

(c)     if the relevant offence is committed by a body corporate other than an incorporated limited partnership –

(i)      a director, manager, secretary or other similar officer of the body corporate, and

(ii)      if the affairs of the body corporate are managed by its members, a member who is acting in connection with the member’s functions of management; and

(d)     a person purporting to act in any capacity described in sub-paragraphs (a) to (c) in relation to the partnership or body that commits the relevant offence.

(2)     If a relevant offence is proved to have been committed with the consent or connivance of a relevant person, that relevant person is also guilty of the offence and liable in the same manner as the partnership or body corporate to the penalty provided for that offence.

(3)     If a relevant offence –

(a)     is an offence that may be committed by neglect; and

(b)     is proved to be attributable to any neglect on the part of a relevant person,

that relevant person is also guilty of the offence and liable in the same manner as the partnership or body corporate to the penalty provided for that offence.

(4)     A fine imposed on an unincorporated association on its conviction of an offence under this Law must be paid out of the funds of the association.

(5)     Paragraphs (6) and (7) apply if it is alleged that an offence under this Law has been committed by an unincorporated association (that is, not by a member of the association).

(6)     Proceedings for such an offence must be brought in the name of the association.

(7)     For the purposes of such proceedings, any rules of court relating to the service of documents have effect as if the association were a body corporate (to the extent that those rules do not make specific provision for service on unincorporated associations).”.

9        Citation and commencement

This Law may be cited as the Emergency Powers and Planning (Amendment No. 3) (Jersey) Law 2019 and comes into force on the day after it is registered.

dr. m. egan

Greffier of the States

 




[1]                                     chapter 23.100

[2]                                     chapter 20.300

[3]                                     chapter 20.625

[4]                                     chapter 20.770


Page Last Updated: 07 Jan 2020