Contents

Endnotes  6

THE STATES make these Regulations under Article 2 of the Covid-19 (Enabling Provisions) (Jersey) Law 2020[1] –

“PART 12A

modifications during the covid-19 outbreak

89A   Modification of the Law where the Minister has made an Order that an extraordinary period exists

(1)     If the Minister has made an Order under Regulation 1 of the Covid-19 (Mental Health) (Jersey) Regulations 2020[4], during the extraordinary period covered by that Order this Law applies with the following modifications.

(2)     Article 15 has effect as if –

(a)     the references to an “approved practitioner” are to a “registered medical practitioner”;

(b)     in paragraph (4)(a) the reference to “72 hours” is to “120 hours”.

(3)     Article 17(2) has effect as if the reference to “6 hours” is to “12 hours”.

(4)     Despite Article 18(3), where the authorized officer considers that it is not reasonably practicable or would involve unreasonable delay for an application under Article 18 to be accompanied by recommendations of 2 registered medical practitioners, the application may be accompanied by the recommendation of one medical practitioner who must, unless it is not reasonably practicable or would involve unreasonable delay, be an approved practitioner and paragraphs (2), (3) and (4) of Article 18 are to be interpreted accordingly.

(5)     Despite Article 41(4), where a SOAD considers that it is not reasonably practicable or would involve unreasonable delay to consult the persons referred to in Article 41(4), the SOAD may give the certificate in Article 41(1) after consulting a person who –

(a)     has been professionally concerned with the patient’s treatment; and

(b)     is not the patient’s responsible medical officer.

(6)     Despite Articles 62 to 67 and 69, where the court considers that obtaining the evidence of 2 medical practitioners, one of whom is an approved practitioner, would result in unreasonable delay, the court may proceed on the basis of the evidence of one registered medical practitioner who must, where practicable, be an approved practitioner, and those Articles are to be interpreted accordingly.

(7)     Article 69(5)(a) has effect as if the reference to “7 days” is to “28 days”.

(8)     Where in a particular case any time limit has been modified under this Article and the extraordinary period ends or this Part has expired before the time limit has elapsed, the shorter of the following time limits will apply to that case –

(a)     the balance of that time limit as modified by this Article;

(b)     the time limit that would have applied but for the modification in this Article starting on the day after the extraordinary period ended or this Part has expired.

(9)     This Part expires on 30th September 2020.”.