(Workplace Restrictions) (Amendment) (Jersey) Regulations 2020
Made 24th November 2020
force 25th November 2020
THE STATES make these Regulations under Article 2
of the Covid-19 (Enabling Provisions) (Jersey) Law 2020 –
1 Amendment of Covid-19
(Workplace Restrictions) (Jersey) Regulations 2020
These Regulations amend
the Covid-19 (Workplace Restrictions) (Jersey) Regulations 2020.
2 Regulation 1 (interpretation) amended
In Regulation 1(1) –
(a) after the definition
“Minister” there is inserted –
“ “notice” means an
improvement notice or a prohibition notice;
in relation to a workplace means –
(a) a person who is entitled
to occupy the workplace or part of the workplace to the exclusion of the owner;
(b) if there is no such
person, the owner of the workplace or part of the workplace;”;
(b) after the definition “relevant
guidance” there is inserted –
“ “relevant personal
data” means –
(a) a person’s name and
documentation providing proof of identity;
(b) a person’s contact
(c) the date, time and
duration of the person’s presence at a workplace;
(d) where in the workplace
the person was present; and
(e) any other data that the
Minister may specify by Order;”.
3 Regulation 2 (period of restricted opening of workplaces) amended
In Regulation 2(4)
and (5)(b) for “14 days” there is substituted “31 days”.
4 Regulation 3 (provisions that may be included in restriction
Regulation amends Regulation 3.
paragraph (1) there is substituted –
all workplaces or any specified workplace or class of workplace from being
all workplaces to be open, or any specified workplace or class of workplace (by
category, area or other characteristic, including the manner of its operation)
to be open only –
(i) for any specified
(ii) subject to any specified
specify the workplaces, or classes of workplace in which it applies;
(b) does not apply
(i) a child under the age of
(ii) a person who is in the workplace for the
purpose of carrying
out work, within the meaning of Article 1(2) of the Health and Safety Law;
(c) must include an
exemption related to the person’s health or disability;
(d) may include an
exemption for any other description of person or circumstance;
(e) may include a requirement
as to the standard to be met by a mask, being a standard that appears
reasonable to the Minister for limiting the risk of spread of infection by
(f) may include a
requirement as to the manner in which a mask must be
paragraph (2) for “paragraph (1)(b) or (1)(c)” there is substituted
“paragraph (1) or (1B)(a)”.
paragraph (3)(a) there is inserted –
paragraph (4) there is substituted –
the workplaces to which and the circumstances in which the condition applies;
the relevant personal data that may be collected and how it may be used;
how and for what period that data must be retained.
in this Regulation limits any of the following –
application of Article 11(4) of the Interpretation (Jersey) Law 1954;
application of Article 16 of the Licensing (Jersey) Law 1974;
processing of any data by the occupier or operator of the workplace as
controller in accordance with the Data Protection (Jersey) Law 2018.”.
5 Regulation 4 (enforcement) amended
Regulation amends Regulation 4.
paragraph (1)(c) there is inserted –
“(d) any other person or class
of persons that the Minister may specify by Order.”.
paragraph (3) there is substituted –
(a) at any reasonable time to
enter a workplace to assess whether or not there is or
has been any contravention of a restriction Order;
(b) to make the examinations
and investigations that are necessary for the purpose mentioned in paragraph (2);
(c) to take any measurements
and photographs and make any recordings that the enforcement officer considers
necessary for the purpose of an examination or investigation under sub-paragraph (b);
(d) to require the production
of, inspect, and take copies of an entry in a book or document (including any
electronic document) that it is necessary for the enforcement officer to see
for the purposes of an examination or investigation under sub-paragraph (b);
(e) to require any person to provide
the enforcement officer with such facilities and assistance as the person is able to provide to enable the enforcement officer to
exercise any of the powers conferred by this Regulation;
(f) any other power
necessary for ensuring compliance with a restriction Order.”.
paragraph (4) there is inserted –
clarity, an enforcement officer may view any relevant personal data collected
under Regulation 3(4).
enforcement officer who is not a police officer may exercise a power under this
Regulation for the purpose of investigating a matter that is the subject of a
police inquiry only in conjunction with a police officer conducting the
person is required under this Regulation to answer any question or to give any
evidence tending to incriminate the person.
in this Regulation compels the production by any person of a document of which the
person would on grounds of legal professional privilege be entitled to withhold
production on an order for discovery in any proceedings in the Royal Court.”.
6 Regulations 4A to 4D inserted
After Regulation 4
there is inserted –
enforcement officer may serve an improvement notice on a person if the
enforcement officer believes that the person –
(a) is contravening a
restriction Order; or
(b) has contravened a
restriction Order in circumstances that make it likely that the contravention
will continue or be repeated.
improvement notice must –
(a) state the reasons for
serving the notice; and
(b) require the person to
remedy the contravention within such period as may be specified in the notice.
an enforcement officer believes that there is a risk of spreading Covid‑19
arising out of activities carried on in a workplace, the enforcement officer
may serve a prohibition notice on the person carrying on the activities or
under whose control the activities are being or are likely to be carried on.
prohibition notice served under paragraph (1) must –
(a) state the reasons for
serving the notice; and
(b) direct that the
activities to which the notice relates must not be carried on unless the
matters specified in the notice that give rise to the risk of spreading
Covid-19 have been remedied.
direction given under paragraph (2)(b) takes effect –
(a) at the end of the period
specified in the notice; or
(b) if the notice so
notice may (but need not) include directions as to the measures to be taken to
remedy any contravention or matter to which the notice relates.
directions are included in a notice, they may be framed to give the person on
whom the notice is served a choice between different ways of remedying the
contravention or matter.
an improvement notice, or a prohibition notice that is not to take immediate
effect, has been served –
(a) it may be withdrawn by an
enforcement officer at any time before the end of the period specified in the
notice under Regulation 4A(2)(b) or 4B(3)(a), as the case may be; and
(b) the period so specified
may be extended or further extended by an enforcement officer at any time when
an appeal against the notice is not pending.
of improvement or prohibition notice
person on whom a notice is served may within 14 days of its service request
a review from the Minister.
a review under this Regulation the Minister may either cancel or affirm the
notice and, if it is affirmed, may do so either in its original form or with
such modification as the Minister may in the circumstances think fit.
a review under this Regulation is requested in relation to a notice within the
period allowed under paragraph (1), then in the case of –
(a) an improvement notice,
the requesting of the review has the effect of suspending the operation of the
notice until the review is concluded or, if the request is withdrawn, until the
withdrawal of the request; or
(b) a prohibition notice, the
requesting of the review has the same effect if, but only if, on the
application of the person requesting the review, the Minister so directs (and
then only from the giving of the direction).”.
7 Regulation 5 (offences) amended
Regulation amends Regulation 5.
paragraphs (1) and (2) there is substituted –
a restriction Order by –
(i) opening a workplace that
is prohibited from opening,
(ii) opening a workplace
other than for purposes for which it is permitted to be open,
(iii) failing to take
reasonable steps to prevent a person from entering a workplace that is
prohibited from being open, or
(iv) failing to take
reasonable steps to comply with a specified condition;
any requirement of an enforcement officer imposed under Regulation 4(3);
any requirement or direction imposed by a notice;
obstructs an enforcement officer in the exercise or performance of his or her
powers or duties.
person commits an offence, and is liable to a fine of level 2 on the standard
scale, if the person without reasonable excuse fails, while in a specified
workplace during a restriction period, to wear a mask covering the person’s
mouth and nose in accordance with a mask requirement imposed on that person
under Regulation 3(1A).”.
paragraph (3) for “paragraph (1)(c) or (d)” there is substituted “paragraph (1)(a)(iii) or (iv) or paragraph (4)”.
paragraph (4) –
(a) for “an occupier or
operator” there is substituted “a person”;
(b) for “the occupier or
operator’s consent” there is substituted “the first
8 Citation and commencement
These Regulations may be
cited as the Covid-19 (Workplace Restrictions) (Amendment) (Jersey) Regulations
2020 and come into force on the day after they are made.