Covid-19
(Screening, Assessment and Isolation) (Jersey) Regulations 2020
Made 27th March 2020
Coming into
force 28th March 2020
THE STATES make these Regulations under the Order in
Council dated 28th March 1771[1] –
PART 1
Interpretation
and Preliminary provisions
1 Interpretation
(1) In
these Regulations –
“area” includes a country
or territory;
“assessment” means, in
relation to a person, assessment of the measures that it would be appropriate
to take in relation to the person (under these Regulations or otherwise) to
mitigate the risk that the person might infect or contaminate others with
Covid-19;
“authorised officer” has
the meaning given by Regulation 2;
“enforcement officer”
means –
(a) a police officer;
(b) a prison officer within
the meaning of the Prison (Jersey) Law 1957[2];
(c) an officer within the
meaning of the Customs and Excise (Jersey) Law 1999[3]; or
(d) an officer appointed
under paragraph 1 of Part 1 of Schedule 2 to the Immigration Act 1971
as extended to Jersey by the Immigration (Jersey) Order 1993[4];
“health officer”
means –
(a) a person appointed under
Article 10 of the Public Health Law, other than the Medical Officer of
Health; or
(b) a doctor acting under the
direction of the Medical Officer of Health;
“infected area” means an
area declared under Regulation 3;
“Jersey” includes the
territorial sea adjacent to Jersey;
“Medical Officer of
Health” means a person appointed as such under Article 10 of the Public
Health Law;
“Minister”
means the Minister for Health and Social Services;
“potentially infectious
person” has the meaning given by paragraph (2);
“Public Health Law” means
the Loi (1934) sur la Santé Publique[5];
“publish” is to be read in
accordance with paragraphs (4) and (5);
“screening” means, in
relation to a person –
(a) assessing the extent to
which the person has been exposed to Covid-19;
(b) determining whether the
person is infected or contaminated with Covid-19; or
(c) assessing the person’s
symptoms and state of health.
(2) In
these Regulations a person is “potentially infectious” at a particular time
if –
(a) the person is, or may be,
infected or contaminated with Covid-19, and there is a risk that the person might
infect or contaminate others with Covid-19; or
(b) the person has been in an
infected area within the 14 days preceding that time.
(3) Nothing
in these Regulations is to be read as derogating from any provision of the Public
Health Law.
(4) A
power to impose a requirement, or to publish a notice or advice, is to be read
as including a power, in the like manner, to vary or revoke the requirement,
notice or advice.
(5) In
these Regulations a reference to publishing a notice or advice is to –
(a) publishing it online; and
(b) as soon as practicable
after online publication, publishing it by at least one other means appearing
likely, to the person publishing it, to bring it to the attention of those
unlikely to see it online.
(6) Nothing
in these Regulations is to be read as meaning that a place is not suitable for screening
or assessment merely by virtue of being a person’s home.
(7) A
reference in these Regulations to informing a person of an offence under a
provision is to be read as a reference to informing the person in general terms
and not as requiring mention of the particular provision concerned.
2 Authorisation of officers
(1) The
Medical Officer of Health is an authorised officer for the purpose of these
Regulations.
(2) A
health officer is an authorised officer for the purpose of these Regulations.
(3) An
enforcement officer is an authorised officer for the purpose of these
Regulations.
(4) The
Minister may, by Order, provide that any other person, or any other description
of persons, is to be treated as an authorised officer for the purpose of these
Regulations.
(5) The
Minister may, by published notice, declare that any description of authorised
officer is not to be so treated.
3 Infected area
(1) The
Minister may, by Order, declare an area to be an infected area, if the Minister
is satisfied that there is a risk that persons arriving in Jersey, after travelling
from or through that area, may be infected or contaminated with Covid-19.
(2) The
area is to be treated as infected –
(a) from the date of the
commencement of the Order; or
(b) if another date is
specified in the Order (regardless of whether that date is before or after the
date of its commencement), from that specified date.
(3) From
the commencement of these Regulations until the commencement of the first
Order, every area outside Jersey is to be treated as being an infected area and
to have been such an area since 20th March 2020.
(4) Nothing
in paragraph (3) makes any act or omission an offence if it was done or
omitted before the commencement of these Regulations.
PART 2
Self-Isolation
and Order to prohibit going to or remaining in public places
4 Self-isolation, without individual direction or removal
(1) A
person (the “traveller”) who arrives in Jersey, and has
been in an infected area within the 14 days preceding that arrival, must –
(a) go directly to premises that
the traveller reasonably believes to be appropriate; and
(b) remain in those premises until
the end of a period of 14 days (the “self-isolation period”) from the date
on which the traveller arrives in Jersey.
(2) Each
person who shares the premises with the traveller must remain in the premises
until the end of the same self-isolation period as the traveller.
(3) Premises
are appropriate if –
(a) they are premises at
which appropriate measures are in place for the self-isolation period –
(i) to minimise the traveller’s contact with
other persons, and
(ii) to mitigate to a
reasonable degree the risk that the traveller might infect or contaminate other
persons with Covid-19; and
(b) either –
(i) no other person shares the premises with
the traveller, or
(ii) the condition in
paragraph (4) is met.
(4) The
condition is that each person who shares the premises with the traveller consents
to –
(a) the traveller going to
and remaining in the premises for the self-isolation period; and
(b) the measures described in
paragraph (3)(a) being in place.
(5) A
person shares premises with a traveller if the
person –
(a) resides in the premises
as part of the same household as the traveller; or
(b) otherwise
shares any living accommodation in the premises with the traveller.
(6) In
determining whether a belief is reasonable for the
purpose of paragraph (1)(a), advice published by the Medical Officer of
Health must be taken into account.
(7) On
the commencement of these Regulations, a person who arrived in Jersey on or
after 20th March 2020, but before that commencement, must –
(a) remain in the premises in
which the person is present on that commencement, until the end of 14 days
after the day on which the person arrived in Jersey; or
(b) go directly to premises
that the person reasonably believes to be appropriate, and remain in those
premises until that time.
(8) A
provision of paragraph (1), (2) or (7) does not apply to a person to the
extent that –
(a) it is incompatible with a
requirement imposed on the person –
(i) under these Regulations,
(ii) by or under the Public
Health Law, or any enactment under that Law,
(iii) by or under Public Health
(Vessels and Aircraft) (Jersey) Law 1950[6], or any enactment under that Law, or
(iv) by any other enactment;
(b) an authorised officer
gives the person written permission to do or omit anything that would otherwise
constitute a contravention of paragraph (1), (2) or (7); or
(c) the person falls within a
category designated in a notice published by the Minister as a category of
essential workers for the purposes of this Regulation.
(9) The
Minister may, by Order, after consulting the Medical Officer of Health, amend
paragraph (1)(b) to substitute a different length of self-isolation period.
(10) A person who, without reasonable excuse, contravenes paragraph (1), (2) or (7) commits
an offence and is liable to a fine of level 2 on the standard scale.
(11) In paragraph (5)(b) “living accommodation” includes
accommodation used or designed for cooking, eating, washing and disposal of
waste.
5 Power by Order to prohibit going to or remaining in public
places
(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
paragraph (2) to give effect to paragraphs (5) to (7).
(2) The Minister may, by Order, declare the start of a period of restricted movement 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[7], 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 Order –
(a) must provide for exceptions from the requirement of paragraph (5) for
specified descriptions of person; and
(b) may specify places that
are, or are not, to be treated as public places.
(5) A person must not,
unless an exception applies, go into or remain in a public place during a
period of restricted movement.
(6) A person who, without reasonable excuse,
contravenes paragraph (5) commits an offence and is liable to a fine of
level 2 on the standard scale.
(7) A police officer who reasonably believes
that a person is contravening paragraph (5) may, regardless of whether the
person is to be prosecuted for an offence under paragraph (6) –
(a) remove the person to a
place that the police officer reasonably believes is the usual residence
of the person, or to any other place appearing suitable to the police officer;
or
(b) exercise any power under
Part 3 in relation to the person that may be exercised by an enforcement
officer in relation to a person who the officer has reasonable grounds to
suspect is potentially infectious.
PART 3
Powers
in relation to persons suspected to be potentially infectious
6 Powers to direct or remove persons to a place suitable for screening
or assessment
(1) This
Regulation applies if an authorised officer has reasonable
grounds to suspect that a person is potentially infectious.
(2) The
authorised officer may –
(a) direct the person to go
immediately to a place specified in the direction which is suitable for screening
or assessment; or
(b) remove the person to a
place suitable for screening or assessment.
(3) Paragraph (2)
does not apply unless the authorised officer considers that it is necessary and
proportionate to exercise the power –
(a) in the interests of the
person;
(b) for the protection of
other persons; or
(c) for the
maintenance of public health.
(4) The
authorised officer must inform the person –
(a) of the reason for the
direction or removal; and
(b) of the offences created
by paragraph (6) and Regulation 13.
(5) If
the authorised officer is an enforcement officer he or she must, before directing or removing the person, consult a health
officer or the Medical Officer of Health, if and to
the extent that it is practicable to do so.
(6) A
person commits an offence, and is liable to a fine of level 3 on the
standard scale, if the person without reasonable excuse,
contravenes a direction under this Regulation.
7 Powers exercisable at a screening or assessment place
(1) This
Regulation applies if –
(a) a person is at a place that
is suitable for screening or assessment; and
(b) an authorised officer has
reasonable grounds to suspect that a person is potentially infectious.
(2) The
authorised officer may do any one or more of the following –
(a) require the person to
remain at the place for screening or assessment purposes for a period not exceeding
48 hours;
(b) direct the person to go
immediately to another place specified in the direction that is suitable for screening
or assessment;
(c) remove the person to
another place suitable for screening or assessment;
(d) require the person to be screened
or assessed;
(e) impose any other
requirement on the person in connection with the screening or assessment.
(3) Requirements
under paragraph (2)(d) may include a requirement –
(a) at a time specified by
the authorised officer –
(i) to provide a biological sample, or
(ii) to co-operate with a
doctor, or other person designated by the Minister for the purpose, taking a
biological sample by appropriate means; or
(b) to answer a question or
provide information about the person’s health or any other relevant matter,
including travel history and others with whom the person may have had contact.
(4) Requirements
under paragraph (2)(e) may include a requirement –
(a) to produce any document
that may assist in the assessment; or
(b) to provide details of a
means by which the person may be contacted promptly during a subsequent period
specified by the authorised officer.
(5) If
the authorised officer is an enforcement officer he or she must, before directing
or removing the person, consult a health officer or the Medical Officer of
Health, if and to the extent that it is practicable to do so.
(6) If
the authorised officer is an enforcement officer he or she –
(a) may not impose a
requirement under paragraph (2)(d) or (e); but
(b) may, if the conditions in
paragraph (8) are met, keep the person at the place
for a period of up to 24 hours, until a health officer can impose such a
requirement.
(7) The
conditions are that the enforcement officer considers that it is necessary and
proportionate to keep the person –
(a) in the interests of the
person;
(b) for the protection of
other persons; or
(c) for the maintenance of
public health.
(8) The
authorised officer must inform the person –
(a) of the reason for
exercising the officer’s power under this Regulation; and
(b) of the offences created
by paragraph (11) and Regulation 13.
(9) For
the purpose of paragraph (1)(a) it is irrelevant whether the person is at
the place under a power under these Regulations or otherwise.
(10) If
the person is directed or removed under paragraph (2)(b) or (c), paragraph (2)
applies afresh when the person is at the other place.
(11) A
person commits an offence, and is liable to a fine of level 3 on the
standard scale, if the person without reasonable excuse contravenes a
requirement or direction under this Regulation.
8 Powers exercisable after screening or assessment
(1) This Regulation applies if –
(a) a person has been screened
by a health officer (under Regulation 7(2)(d) or (e) or otherwise)
and –
(i) the screening confirmed that the person is
infected or contaminated with Covid-19, or
(ii) the screening was
inconclusive;
(b) a test has been conducted
on a person, or on a sample taken from the person, for the purpose of determining
whether the person is infected or contaminated with Covid-19 (under
Regulation 7(2)(d) or (e) or otherwise), but the results of the test
are not yet available; or
(c) a person has been
assessed by a health officer (under Regulation 7(2)(d) or (e) or
otherwise) and the officer has reasonable grounds to suspect
that the person is potentially infectious.
(2) An authorised
officer may impose on the person any requirement or restriction that the
officer considers necessary and proportionate –
(a) in the interests of the
person;
(b) for the protection of
other persons; or
(c) for the maintenance of
public health.
(3) The requirements that may be imposed
include any one or more of the following requirements –
(a) to provide information to
the authorised officer or to any other specified person;
(b) to provide details of a
means by which the person may be contacted promptly during a specified period;
(c) to go for the purposes of
further screening or assessment to a specified place suitable for that purpose
and to do anything that could be required under Regulation 7(2)(d) or (e);
(d) to remain at a specified
place (which may be a place suitable for screening or assessment) for a
specified period;
(e) to remain at a specified
place in isolation from others for a specified period.
(4) The restrictions that may be imposed
include restrictions, for a specified period, on any one or more of the
following –
(a) the person’s movements or
travel (within or outside Jersey);
(b) the person’s activities,
including work or business activities;
(c) the person’s contact with
other persons generally or with other specified persons.
(5) The authorised officer must inform the
person –
(a) of the reason for
imposing the requirement or restriction; and
(b) of the offences created
by paragraph (15) and Regulation 13.
(6) In deciding whether to impose a requirement
referred to in paragraph (3)(d) or (e) (a “requirement to remain”) the
authorised officer must have regard to the person’s
wellbeing and personal circumstances.
(7) The period specified for a requirement to
remain, or for any restriction, may not exceed 14 days.
(8) After the imposition of a requirement to
remain or a restriction, an authorised officer must –
(a) assess the person within
48 hours; and
(b) in the light of that
assessment, reconsider which requirements or restrictions it is necessary and
proportionate to impose on that person under this Regulation.
(9) The authorised officer may, following the reconsideration –
(a) revoke the requirement to
remain or the restriction, or specify a different period not exceeding 14 days
for it; or
(b) substitute a different
requirement or restriction.
(10) An authorised officer may extend, for a
further specified period, the period specified (the “original period”) for a
requirement to remain or restriction if, before the end of the original period,
the officer –
(a) reasonably suspects that
the person will be potentially infectious at the end of the original period;
and
(b) considers that the
requirement or restriction is still necessary and proportionate.
(11) Except in the case of a requirement referred
to in paragraph (3)(e), the further period may not exceed 14 days.
(12) If the period for a requirement to remain or
restriction is extended, an authorised officer –
(a) must review the
requirement or restriction at least once in every period of 24 hours; and
(b) if the officer –
(i) considers that the person is no longer
potentially infectious, must revoke the requirement to remain or the
restriction, or
(ii) considers that the
requirement to remain or the restriction is no longer necessary and
proportionate, may substitute a different requirement or restriction, which may
not apply beyond the end of the further period.
(13) A requirement to remain in a place may be
enforced –
(a) by an authorised officer
removing the person to the place;
(b) by an authorised officer
keeping the person at the place; or
(c) if the person absconds,
by an enforcement officer taking the person into custody and returning the
person to that place or to another specified place.
(14) In this Regulation “specified” means
specified by the authorised officer.
(15) A person commits an offence, and is liable
to a fine of level 3 on the standard scale, if the person without
reasonable excuse contravenes a requirement or restriction under this
Regulation.
9 Ancillary powers
(1) An authorised officer may give a reasonable
instruction to a person in connection with –
(a) a direction given to that
person under these Regulations; or
(b) removing the person to or
keeping the person at a place under these Regulations.
(2) The authorised officer must inform the
person –
(a) of the reason for the
instruction; and
(b) of the offences created
by paragraph (3) and Regulation 13.
(3) A person commits an offence, and is liable
to a fine of level 3 on the standard scale, if the person without
reasonable excuse contravenes an instruction under paragraph (1).
(4) A power under these Regulations to remove a
person to a place includes a power to keep the person
for a reasonable period pending the person’s removal.
(5) An enforcement officer –
(a) may use reasonable force,
if necessary, to exercise a power under these Regulations; and
(b) may enter any place to
exercise such a power.
PART 4
Miscellaneous and Final provisions
10 Children
(1) An
individual who has responsibility for a child must, so
far as reasonably practicable, secure that the child complies with any
direction, instruction, requirement or restriction given to or imposed on the
child under these Regulations.
(2) An
individual who has responsibility for a child must provide to a person
exercising a power under these Regulations such information and assistance in
relation to the child as is reasonably necessary and practicable in the
circumstances.
(3) A
power under these Regulations to direct or require a child to go to a place may
instead be exercised by directing or requiring an individual who has
responsibility for the child to take the child to the place.
(4) A
power under Regulation 7(2)(d) or (e) or 8 may not be exercised in
relation to a child except the presence of –
(a) an individual who has
responsibility for the child; or
(b) if the child is not
accompanied by such an individual, an adult (not being a person on whom a power
is conferred by these Regulations) who the person exercising the power
considers to be appropriate, having regard to any views of the child.
(5) If
a power under these Regulations is exercisable in relation to a child, but the
child is not accompanied by an individual who has responsibility for the child,
the person by whom the power is exercisable must –
(a) if practicable, contact
an individual who has responsibility for the child before the power is
exercised; or
(b) if that is not
practicable, take reasonable steps after the power is exercised to contact such
an individual and inform that individual of any exercise of the power in
relation to the child.
(6) If
a child has a right to a review, the right may be exercised by an individual
who has responsibility for the child.
(7) If
a child’s consent is required to meet the condition in Regulation 4(4),
the consent may be given by an individual who has responsibility for the child.
(8) An
individual who, without reasonable excuse, contravenes paragraph (1) or (2)
commits an offence and is liable to a fine of level 3 on the standard
scale.
(9) In this Regulation –
(a) “adult” means a person
aged 18 or over;
(b) “child” means a person
under the age of 18;
(c) an individual has
responsibility for a child if –
(i) the individual has custody or charge of
the child for the time being (without being a person on whom a power is
conferred by these Regulations), or
(ii) the individual has
parental responsibility, within the meaning of the Children (Jersey) Law 2002[8], for the child.
11 Right to review by Minister
(1) A person on whom an official requirement is
imposed may request the Minister to review the decision to impose it.
(2) The person may make the request directly to
the Minister or to an authorised officer, who must notify the Minister.
(3) The Minister must,
unless satisfied that the request is vexatious, conduct the review within a
reasonable time and direct an authorised officer to –
(a) revoke the official requirement,
if the Minister satisfied that it should not be imposed;
(b) vary the official requirement,
if the Minister satisfied that it should be varied; or
(c) in any other case, inform
the person subject to the official requirement and the person aggrieved, if
different, that the review has not resulted in any change to the official requirement.
(4) The authorised officer must comply with the
direction as soon as practicable.
(5) Nothing in this Regulation, other than a
revocation or variation under paragraph (3)(a) or (b), limits the effect
of an official requirement.
(6) In this Regulation “official requirement”
means a requirement, direction, instruction or restriction imposed by an
authorised officer under these Regulations.
(7) A review under this Regulation is not an
appeal for the purpose of Article 28(2)(b) States
of Jersey Law 2005[9].
12 Formalities, guidance and advice
(1) A requirement, direction, instruction, or
restriction under these Regulations may be given or imposed orally or in writing.
(2) If a requirement or restriction under
Regulation 8 is given or imposed orally, the authorised officer must, as
soon as reasonably practicable, give the person a notice in writing setting out
the requirement or restriction.
(3) A person exercising a power under these
Regulations must have regard to –
(a) any relevant guidance
issued, before or after the commencement of these Regulations, by the Minister or by the Medical Officer of Health; and
(b) any advice given by a
health officer in relation to a particular case.
13 Offences of obstruction,
absconding and misinformation
A person commits an offence, and is liable to imprisonment for a
term of 6 months and to a fine of level 3 on the standard scale, if
the person –
(a) obstructs another person
exercising or attempting to exercise a power under these Regulations;
(b) absconds while being
removed to or kept at a place under these Regulations; or
(c) knowingly provides false
or misleading information in response to a requirement to provide information
under these Regulations or otherwise in connection with the exercise of any
power under these Regulations.
14 Review of operation of Regulations by Minister
(1) The
Minister must keep the operation of these Regulations under review.
(2) If
the Minister considers that the threat from Covid-19 is no longer sufficient to
justify the use of any or all of the powers conferred by these Regulations, the
Minister must do one or more of the following –
(a) instruct a description of
authorised officers to cease or limit their exercise of any
or all of the powers conferred by these Regulations;
(b) publish a notice under
Regulation 2(5) declaring that a description of authorised officers are
not to be treated as such;
(c) make an Order under
Regulation 15(4) suspending the effect of all or part of these
Regulations.
15 Citation, duration and suspension
(1) These
Regulations may be cited as the Covid-19 (Screening, Assessment and Isolation)
(Jersey) Regulations 2020.
(2) These
Regulations come into force on the day after they are
made.
(3) These Regulations expire on 30th September 2020.
(4) The
Minister may, by Order, suspend the effect of all or
part of these Regulations –
(a) permanently, until the
Regulations expire;
(b) indefinitely, until the
Order is revoked;
(c) for a period specified in
the Order; or
(d) for a period to be
determined in any manner specified in the Order, which may include reference to
a determination by a person or body outside Jersey or to an event outside
Jersey.
(5) Nothing
in an Order under paragraph (4) is to be treated as derogating from
paragraph (3).
(6) Despite
Article 17 of the Interpretation (Jersey) Law 1954[10], when these Regulations expire, or if their effect is suspended by an
Order under paragraph (4), any requirement or restriction imposed under
these Regulations ceases to have effect in respect of times after the expiry or
after the start of the suspension.
dr. m. egan
Greffier of the States