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Covid-19 (Workplace Restrictions and Gathering Control) (Amendment No. 8) (Jersey) Order 2021

Made                                                                                                    4th August 2021

Coming into force                                                                            5th August 2021

THE MINISTER FOR HEALTH AND SOCIAL SERVICES makes this Order under Regulations 2 and 3 of the Covid-19 (Workplace Restrictions) (Jersey) Regulations 2020, after complying with the consultation requirements set out in Regulation 2(1) and (2) of those Regulations and under Regulation 2 of the Covid-19 (Gatherings) (Jersey) Regulations 2020, after complying with the consultation requirements in Regulation 2(3) of those Regulations –

1        Covid-19 (Workplace Restrictions) (Jersey) Order 2020 amended

In Article A1 (interpretation) of the Covid-19 (Workplace Restrictions) (Jersey) Order 2020 –

(a)     in the definition “food and drink premises” for the words prior to sub-paragraph (a) there is substituted –

“ “food and drink premises” means premises (whether or not licensed premises), or a place, used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, or at or away from the place, and includes the following –”;

(b)     in the definition “indoor area” for “is closed on more than one side” there is substituted “is closed by more than half the surface area extending upwards from its perimeter to the height of the roof”;

(c)     after paragraph (2) there is inserted –

2        Covid-19 (Gathering Control) (Jersey) Order 2020 amended

Articles 3 to 6 amend the Covid-19 (Gathering Control) (Jersey) Order 2020.

3        Article 1 (interpretation) amended

In Article 1 –

(a)     for the definitions “construction site” and “home” there is substituted –

“ “garden” means any garden, yard or other outdoor space associated with a home and to which the public do not have access without permission;

“home” means a residential unit, within the meaning of the Residential Tenancy (Jersey) Law 2011, in which a person resides but does not include a garden;”;

(b)     in the definition “open air” for “is closed on no more than half of its sides” there is substituted “is closed by no more than half the surface area extending upwards from its perimeter to the height of the roof, or if none, to the highest point of the structure”;

(c)     the definition “workplace” is deleted.

4        Article 3 (gathering in people’s homes) amended

For Article 3(3) there is substituted –

5        Article 3A inserted

After Article 3 there is inserted –

“3A   Gathering in people's gardens

(1)     A person must not take part in a gathering in a garden that is not a garden associated with that person’s home unless one or more of the conditions in paragraphs (2) to (7) are met.

(2)     The first condition is that there are no more than 20 people taking part in the gathering.

(3)     The second condition is that –

(a)     one or more of the people gathering is a child aged under 5 years of age; and

(b)     there are no more than 20 people of 5 years of age or older who take part in the gathering.

(4)     The third condition is that –

(a)     the gathering is in the open air;

(b)     the gathering is open only to invited guests of the responsible person rather than to members of the public;

(c)     no charge is made for attending the gathering; and

(d)     no food or drink is sold to guests attending the gathering.

(5)     The fourth condition is that –

(a)     the gathering is in the open air;

(b)     the gathering is a fundraising event for a registered charity, or for another philanthropic enterprise in respect of which a decision to raise funds (whether by means of the gathering or not) was made before 4th August 2021;

(c)     the responsible person intends that all the proceeds of the gathering be donated to that charity or enterprise;

(d)     the gathering is a controlled gathering; and

(e)     no food or drink is consumed other than whilst seated at a table in the garden.

“controlled gathering” means a gathering at which a responsible person has taken all reasonable steps to assist in controlling the spread of Covid‑19;

“responsible person” means –

(a)     a person responsible for organising the gathering; or

(b)     an operator or occupier (within the meaning of Regulation 1(1) of the Covid-19 (Workplace Restrictions) (Jersey) Regulations 2020) of the location where the gathering takes place.

(9)     In assessing whether a responsible person has taken all reasonable steps, for the purpose of the definition “controlled gathering”, any guidance published by the Medical Officer of Health as to factors that increase the risk of spread of Covid‑19 in gatherings must be taken into account.”.

6        Article 4 (gatherings in the open air) deleted

Article 4 is deleted.

7        Citation and commencement

This Order may be cited as the Covid-19 (Workplace Restrictions and Gathering Control) (Amendment No. 8) (Jersey) Order 2021 and comes into force on 5th August 2021.

Deputy R.J. Renouf of St. Ouen

Minister for Health and Social Services

 

 


Page Last Updated: 04 Aug 2021