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Covid-19 (Workplace Restrictions) (Amendment) (Jersey) Regulations 2020

Made                                                                                           24th November 2020

Coming into force                                                                   25th November 2020

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

1        Amendment of Covid-19 (Workplace Restrictions) (Jersey) Regulations 2020

These Regulations amend the Covid-19 (Workplace Restrictions) (Jersey) Regulations 2020[2].

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;

“occupier” 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; or

(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 details;

(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 Order) amended

(1)     This Regulation amends Regulation 3.

(2)     For paragraph (1) there is substituted –

(a)     prohibit all workplaces or any specified workplace or class of workplace from being open;

(b)     allow 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 purpose, or

(ii)      subject to any specified condition.

(a)     must specify the workplaces, or classes of workplace in which it applies;

(b)     does not apply to –

(i)      a child under the age of 12, or

(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 breath;

(f)      may include a requirement as to the manner in which a mask must be worn.”.

(3)     In paragraph (2) for “paragraph (1)(b) or (1)(c)” there is substituted “paragraph (1) or (1B)(a)”.

(4)     After paragraph (3)(a) there is inserted –

“(aa)  any requirement on the occupier or operator of the workplace to do or refrain from doing any action, or to require any other person present at the workplace to do or refrain from doing any action;

(ab)    taking any other action that may assist in controlling the spread of Covid-19 in the workplace; and”.

(5)     For paragraph (4) there is substituted –

“(4)    The action that may be required to be taken in compliance with a condition specified under paragraph (3) includes the collection of relevant personal data, from any person present at the workplace, for the purpose of assisting in suppressing the spread of Covid‑19.

(5)     If a person who has entered or wishes to enter any workplace refuses to comply with any requirement imposed under these Regulations by an occupier or operator of the workplace to do or refrain from doing any action, the occupier or operator must require the person to leave the workplace or refuse the person entry to the workplace as the case may be.

(6)     If a person refuses to leave a workplace when requested to do so under paragraph (5), a police officer must, if so requested by the occupier or operator, eject the person from the workplace, using reasonable force if necessary.

(7)     For the purposes of paragraph (4) a condition in a restriction Order may do any of the following –

(a)     limit the workplaces to which and the circumstances in which the condition applies;

(b)     specify the relevant personal data that may be collected and how it may be used;

(c)     specify how and for what period that data must be retained.

(8)     Nothing in this Regulation limits any of the following –

(a)     the application of Article 11(4) of the Interpretation (Jersey) Law 1954[3];

(b)     the application of Article 16 of the Licensing (Jersey) Law 1974[4];

(c)     the processing of any data by the occupier or operator of the workplace as controller in accordance with the Data Protection (Jersey) Law 2018[5].”.

5        Regulation 4 (enforcement) amended

(1)     This Regulation amends Regulation 4.

(2)     After paragraph (1)(c) there is inserted –

“(d)    any other person or class of persons that the Minister may specify by Order.”.

(3)     For paragraph (3) there is substituted –

“(3)    The powers are –

(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.”.

(4)     After paragraph (4) there is inserted –

“(5)    For clarity, an enforcement officer may view any relevant personal data collected under Regulation 3(4).

(6)     An 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 inquiry.

(7)     No person is required under this Regulation to answer any question or to give any evidence tending to incriminate the person.

(8)     Nothing 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 –

(1)     An 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.

(2)     An 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.

(1)     If 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.

(2)     A 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.

(3)     A 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 declares, immediately.

(1)     A 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.

(2)     If 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.

(3)     If 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.

4D     Review of improvement or prohibition notice

(1)     A person on whom a notice is served may within 14 days of its service request a review from the Minister.

(2)     On 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.

(3)     If 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

(1)     This Regulation amends Regulation 5.

(2)     For paragraphs (1) and (2) there is substituted –

(a)     contravenes 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;

(b)     contravenes any requirement of an enforcement officer imposed under Regulation 4(3);

(c)     contravenes any requirement or direction imposed by a notice;

(d)     intentionally obstructs an enforcement officer in the exercise or performance of his or her powers or duties.

(2)     A 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).”.

(3)     In paragraph (3) for “paragraph (1)(c) or (d)” there is substituted “paragraph (1)(a)(iii) or (iv) or paragraph (4)”.

(4)     In 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 person’s consent”.

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.

 

 




[1]                                     L.2/2020

[2]                                     R&O.65/2020

[3]                                     chapter 15.360

[4]                                     chapter 11.450

[5]                                     chapter 15.240


Page Last Updated: 24 Nov 2020