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Regulation of Care (Standards and Requirements) (Covid-19 – Temporary Amendments) (Jersey) Regulations 2020

Made                                                                                                   24th March 2020

Coming into force                                                                           25th March 2020

THE STATES make these Regulations under Articles 11, 14 and 30(3) of the Regulation of Care (Jersey) Law 2014[1] and after the Chief Minister having consulted the Health and Social Care Commission and in accordance with Article 14(9) –

1        Amendment of Regulation of Care (Standards and Requirements) (Jersey) Regulations 2018

The Regulation of Care (Standards and Requirements) (Jersey) Regulations 2018[2] are amended in accordance with the following provisions of these Regulations.

2        Regulation 3A inserted

After Regulation 3 there is inserted –

“3A   Modification of application of Regulation 3 due to outbreak of Covid-19

(1)     Paragraph (2) applies if –

(a)     a registered provider is unable to comply with any of the relevant conditions of the provider’s registration imposed under Regulation 3 as a direct or indirect result of the outbreak of Covid-19 in Jersey; and

(b)     the registered provider notifies the Commission of the conditions that the provider is unable to comply with.

(2)     Where this paragraph applies, the Commission must suspend the imposition of any relevant condition in relation to that registered provider for a period of 3 months if the Commission determines, on the basis of information supplied by the registered provider, that it is proportionate and reasonable to do so.

(3)     Paragraph (2) also applies if, at the end of that and any subsequent 3-month period, paragraph (1)(a) continues to apply and the registered provider again notifies the Commission as required by paragraph (1)(b).

(4)     In this Regulation “relevant conditions” means the conditions set out in Regulation 3(1)(d) to (j).”.

3        Regulation 17A inserted

After Regulation 17 there is inserted –

“17A Modification of application of Regulation 17 due to outbreak of Covid-19

(1)     Paragraph (2) applies if –

(a)     a registered person has put in place a plan to mitigate the effects of a shortage of persons who are suitably qualified, skilled, competent and experienced for the duties to which they are assigned as a direct or indirect result of the outbreak of Covid-19 in Jersey; and

(b)     the registered person has reasonable grounds for declaring to the Commission that, due to that outbreak, the registered person is nevertheless still unable to comply with any relevant requirement.

(2)     Where this paragraph applies, any relevant requirements that the registered person is unable to comply with do not apply to the registered person for a period of 3 months.

(3)     Paragraph (2) also applies if at the end of that or any subsequent 3-month period, the registered person again satisfies the conditions set out in paragraph (1).

(4)     Regulation 17(2) has effect as if after “A person is not a fit person if” there is inserted “the registered person, having made reasonable enquiries of the person knows or has reason to suspect that”.

(5)     In this Regulation “relevant requirements” means the requirements set out in Regulation 17(1)(a), (3) and (4).”.

4        Regulation 32A inserted

After Regulation 32 there is inserted –

“32A Modification of application of Regulation 32 due to outbreak of Covid-19

The Commission need not comply with Regulation 32(1) if –

(a)     the Commission is unable to carry out the required inspection as a direct or indirect result of the outbreak of Covid-19 in Jersey, whether or not this is due to there being an insufficient number of inspectors available;

(b)     the Commission notifies the Chief Minister of the failure to comply and the reason for it; and

(c)     the required inspection is carried out within 2 years of the date of the last such inspection.”.

5        Regulation 34A inserted

After Article 34 there is inserted –

“34A Expiry of Regulations 3A, 17A and 32A

Regulations 3A, 17A and 32A expire on 30th September 2020.”.

6        Citation and commencement

These Regulations may be cited as the Regulation of Care (Standards and Requirements) (Covid-19 – Temporary Amendments) (Jersey) Regulations 2020 and come into force on the day after they are made.

l.-m. hart

Deputy Greffier of the States

 




[1]                                     chapter 20.820

[2]                                     chapter 20.820.65


Page Last Updated: 25 Mar 2020