Contents

Part 1  4

Part 2  4

Part 3  11

Part 4  17

Part 5  19

Part 6  28

Schedule  30

A LAW to amend the Regulation of Care (Jersey) Law 2014, the Regulation of Care (Standards and Requirements) (Jersey) Regulations 2018 and the Public Finances (Jersey) Law 2019, and for related purposes.

THE STATES, subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law –

“chair” means the chair of the Commission;

“hospice service” means a service that provides care for the terminally ill;

“Public Finances Law” means the Public Finances (Jersey) Law 2019;

“Public Finances Manual” means the Public Finances Manual issued under Article 31 of the Public Finances Law;

“publish”, in relation to material, means publish in a manner that is likely to bring the material to the attention of those affected;

(7)     If a regulated activity is carried on by a Minister –

(a)     the Minister must register as the provider of the service, unless a person or organisation has been prescribed in respect of the service under an Order under paragraph (8), in which case that person or organisation must be registered as the provider of the service; and

(b)     the Minister may delegate their functions as provider of the service, but the delegation does not affect the responsibility of the Minister for the discharge of the functions.

(8)     The Minister may by Order prescribe a person or organisation to provide a regulated service currently carried on by a Minister.

4A     Government or other major providers

(1)     An application may be made under Article 4(4) without the permission of the Commission if Condition A or Condition B is met in relation to each of the activities to which the application relates.

(2)     Condition A is that the activity –

(a)     falls within Part 4 of Schedule 1; and

(b)     is, or is to be, carried on by –

(i)      a Minister; or

(ii)      a person who employs more than 50 full-time equivalent employees.

(3)     Condition B is that the activity –

(a)     falls within Schedule 1, paragraph 9;

(b)     is, or is to be, carried on by a Minister.

(4)     In this Article –

(a)     “full-time employee” means an employee who works more than 27 hours per week;

(b)     “full-time equivalent employee” in relation to an employee who works –

(i)      not more than 9 hours per week, means 0.25 of a full-time employee’s hours per week;

(ii)      more than 9 hours but not more than 18 hours per week, means 0.50 of a full-time employee’s hours per week;

(iii)     more than 18 hours but not more than 27 hours per week, means 0.75 of a full-time employee’s hours per week.

(2A)  If the Commission grants an application to which Articles 4(4) or 4A apply, the particulars in paragraph (2)(c) to (e) must be entered in the register in respect of each regulated activity carried on by the provider.

(4)     This Article does not apply to a registered person in respect of a regulated activity if the provider of the activity is a Minister.

(l)      restrict or prohibit the provision of a particular service, in the carrying on of a regulated activity, to a particular class or description of person.

21A   Individual as provider of home care services

(1)     Paragraph (2) applies to a person who is –

(a)     an individual;

(b)     a registered provider of a home care service regulated under Schedule 1, paragraph 5; and

(c)     either –

(i)      is directly employed by a service user receiving care in their own home; or

(ii)      personally receives reward from the service user.

(2)     The Commission may suspend the person’s registration as provider of the regulated activity under Article 19 as though Article 19 referred to a registered provider. 

(3)     The provisions of Article 19 apply to a person described in paragraph (1) as they apply to a registered manager.

21B   Same person registered as provider and manager

If a person is registered as both provider and manager of a regulated activity –

(a)     an action taken under Article 19 in relation to them as a manager also applies to the person in their capacity as a provider; and

(b)     an action taken under Article 20 or 21 in relation to them as a provider also applies to the person in their capacity as a manager.

(1A)  The Commission must not investigate a complaint itself unless –

(a)     either –

(i)      the complainant has exhausted the internal complaints handling process of the registered provider; or

(ii)      the Commission considers that in the circumstances it would not be reasonable to expect the complainant to address the complaint to the registered provider;

(b)     the complainant does not have –

(i)      a right of appeal to, reference to or review before a tribunal;

(ii)      a right of appeal to a Minister; or

(iii)     a remedy by way of proceedings in a court of law; and

(c)     the Commission considers that it is a reasonable and proportionate use of the Commission’s resources.

(6)     The States may by Regulations amend Schedule 2.

37A   Provision of services for other public authorities

(1)     The Commission may, if it thinks it appropriate to do so, provide health and social care regulatory services, analogous to its functions under this Law, to a public authority outside Jersey.

(2)     The Commission may provide the services on whatever terms, including as to payment, as it thinks fit.

(3)     But the Commission must not provide services under this Article if doing so would, in the Commission’s opinion, have a negative impact on the Commission’s ability to perform its functions under this Law.

40A   Annual assessment of funding by the Minister

(1)     The Minister must make an annual assessment of the funding required to ensure that the Commission is provided with the financial and administrative resources and other support, including staff, services, equipment and accommodation, necessary to enable the Commission to discharge its functions economically, effectively and efficiently in relation to regulated activities carried on by a Minister.

(2)     The Minister may make an annual assessment of the funding required to enable the Commission to discharge its functions economically, effectively and efficiently in relation to regulated activities not carried on by a Minister if, in the Minister’s opinion, that funding supports a safe and effective health and social care sector in Jersey.

(3)     Before submitting an amount in respect of the Commission to the Council of Ministers under Article 10(1)(d) of the Public Finances Law, the Minister must –

(a)     consult the Commission; and

(b)     consider the Commission’s most recent strategic plan.

(3A)  In respect of a regulated activity that is carried on by a Minister, the prescribed fee is nil.

42A   Strategic plan

(1)     The Commission must prepare an annual plan (a “strategic plan”) setting out the financial requirements of the Commission for the financial year to which the strategic plan relates.

(2)     The strategic plan may set out how the Commission proposes to discharge its functions during the financial year to which the strategic plan relates.

(3)     The Commission must publish its strategic plan as soon as reasonably practicable after it is prepared, and in any event before the beginning of the financial year to which it relates.

43      Accounts, audit and annual report

(1)     The Commission must –

(a)     keep proper accounts and proper records in relation to those accounts;

(b)     prepare accounts in respect of each financial year (“annual accounts”); and

(c)     ensure that the annual accounts are prepared using the accounting standards according to which the accounts of the States are to be prepared, and that are included in the Public Finances Manual.

(2)     If the annual accounts are not included in the accounts of the States for a financial year, the Commission must appoint auditors approved by the Comptroller and Auditor General to audit the annual accounts.

(3)     The Commission must produce a report on the exercise and performance of the functions of the Commission in relation to each financial year (an “annual report”).

(4)     The annual report must –

(a)     include the annual accounts;

(b)     include the strategic plan for the year to which the accounts relate; and

(c)     comply with the Public Finances Manual, as it applies to the annual reports of public bodies listed in Schedule 6 to the Public Finances (Jersey) Law 2019.

(5)     The chair must present the annual report to the Minister as soon as reasonably practicable after the end of the financial year to which it relates.

(6)     The Minister must present a copy of the annual report to the States as soon as reasonably practicable after receiving it.

(7)     The Commission must publish each annual report as soon as reasonably practicable.

(8)     The Minister may make written comments in response to an annual report and submit them alongside the copy of the report presented to the States.

(9)     In this Article –

“Comptroller and Auditor General” has the meaning given in the Comptroller and Auditor General (Jersey) Law 2014;

“financial year” means a calendar year.

(10)   The Minister may by Order amend this Article.

49A   Transitional provision relating to the Regulation of Care (Jersey) Amendment Law 202-

(1)     This Article applies to a person who, on or after the commencement date, is carrying on or managing a newly regulated activity.

(2)     The person does not commit an offence under Article 3 if less than 6 months has passed following the commencement date.

(3)     The person does not commit an offence under Article 3 if –

(a)     no later than 6 months after the commencement date, the person has applied under Article 4 –

(i)      to be registered as a provider of a newly regulated activity; and

(ii)      if applicable, for the registration of an individual as a manager in relation to the newly regulated activity;

(b)     the 6-month period expired before that application is determined; and

(c)     the application has not been refused.

(4)     In this Article –

“commencement date” means –

(a)     in relation to an activity regulated under Schedule 1, Part 4, the date that Article 18 of the Regulation of Care (Jersey) Amendment Law 202- comes into force;

(b)     in relation to an activity regulated under Schedule 1, Part 5, the date that Article 19 of the Regulation of Care (Jersey) Amendment Law 202- comes into force;

(c)     in relation to an activity regulated under Schedule 1, Part 6, the date that Article 20 of the Regulation of Care (Jersey) Amendment Law 202- comes into force;

“newly regulated activity” means an activity regulated under Schedule 1, Part 4, 5 or 6.

“disorder” includes mental disorder;

“health care professional” means –

(a)     a medical practitioner;

(b)     a person registered under the Health Care Registration Law;

(c)     a person registered under the Dentistry (Jersey) Law 2015;

(d)     a person registered under the Opticians (Registration) (Jersey) Law 1962;

(e)     a person registered under the Pharmacists and Pharmacy Technicians (Registration) (Jersey) Law 2010;

“hospital” means premises, other than at the prison –

(a)     used for the reception and inpatient treatment of people suffering from disease, injury or disorder;

(b)     used for the reception of pregnant people or people who have recently given birth;

(c)     used for the reception and inpatient treatment of people during convalescence or people requiring medical rehabilitation;

(d)     maintained in connection with premises described in clauses (a) to (c) and used –

(i)      as a clinic;

(ii)      as a dispensary; or

(iii)     as a department treating outpatients (whether or not the department also treats inpatients);

“hospital accommodation” means accommodation provided as part of a hospital;

Part 4

Regulated activities: provision of health care service

16      Conditions applying to activities regulated under this Part

(1)     An activity described in this Part is a regulated activity if Conditions A and B both apply.

(2)     Condition A is that the activity is not regulated under –

(a)     paragraph 4(4)(a) or (b);

(b)     paragraph 7(5)(a) or (b);

(c)     paragraph 13;

(d)     paragraph 15; or

(e)     paragraph 30.

(3)     Condition B is that the activity –

(a)     is performed –

(i)      on an inpatient or outpatient basis, at a hospital; or

(ii)      by or under the supervision of a health care professional who is based at a hospital; and

(b)     is not a service operated –

(i)      by a general medical practice (as defined by Article 1(4) of the Health Insurance (Jersey) Law 1967);

(ii)      for the purposes of providing services usually provided by a general medical practice; and

(iii)     outside the usual operating hours of a general medical practice.

17      Treatment of disease, disorder or injury

(1)     The provision of a treatment service is a regulated activity.

(2)     A “treatment service” is –

(a)     the provision of treatment for disease, disorder or injury; or

(b)     the assessment of, or medical treatment for, mental disorder.

18      Diagnostic and screening procedures

(1)     The provision of diagnostic and screening procedures is a regulated activity.

(2)     A “diagnostic and screening procedure” is a service involving –

(a)     the examination of the body using radiation, ultrasound or magnetic resonance imaging;

(b)     the use of instruments or equipment that are inserted into the body to –

(i)      view the body’s internal parts; or

(ii)      gather physiological data;

(c)     the removal of tissues, cells or fluid from the body for the purposes of discovering the presence, cause or extent of disease, disorder or injury;

(d)     the use of equipment to examine cells, tissues and bodily fluids for the purposes of obtaining information on the causes and extent of a disease, disorder or injury;

(e)     the use of equipment to measure or monitor physiological data in relation to any system in the human body; and

(f)      the analysis and reporting of the results of the procedures referred to in clauses (a) to (e).

19      Assessment or treatment for persons detained under the Mental Health Law

The assessment or medical treatment of a person detained under the Mental Health Law is a regulated activity.

20      Surgical procedures

(1)     A surgical procedure is a regulated activity.

(2)     A “surgical procedure” is surgery carried out by a health care professional for –

(a)     the purpose of treating disease, disorder or injury;

(b)     the purpose of sterilisation or reversal of sterilisation;

(c)     cosmetic purposes, if the procedure involves the use of instruments or equipment that are inserted into the body; or

(d)     the purpose of religious observance.

21      Management of blood, tissue and organs

(1)     The management of blood, tissue and organs is a regulated activity.

(2)     The “management of blood, tissue and organs” is the collection and management of –

(a)     the supply of blood, blood components and blood derived products intended for transfusion;

(b)     the supply of tissues and tissue derived products intended for transplant, grafting or use in a surgical procedure; and

(c)     the matching and allocation of donated organs intended for transplant, and of blood, stem cells and bone marrow intended for transfusion.

(3)     But it does not include management of the supply of products mentioned in sub-paragraph (2)(a) or (b) if that management does not involve direct physical contact with donors or patients.

(4)     In this paragraph –

“donor” means a person from whom anything mentioned in sub-paragraph (2)(a) or (b) is derived;

“patient” means a person to whom anything mentioned in sub-paragraph (2)(a) or (b) is administered.

22      Pharmacy

(1)     Pharmacy services are a regulated activity.

(2)     “Pharmacy services” means –

(a)     undertaking work or providing advice in relation to the –

(i)      preparation of medicines;

(ii)      assembly of medicines;

(iii)     supply of medicines; or

(iv)     use of medicines;

(b)     undertaking work or providing advice regarding the science of medicines; and

(c)     the practice of pharmacy.

23      Patient transport services, triage and medical advice provided remotely

The following services are regulated activities –

(a)     a patient transport service provided by a vehicle that is primarily designed to transport a person who –

(i)      requires treatment at a hospital; or

(ii)      is attending a follow-up appointment having previously received treatment at a hospital;

(b)     medical advice or triage provided over the telephone or by email.

24      Maternity and midwifery services

Maternity and midwifery services are regulated activities.

25      Termination of pregnancies

The termination of a pregnancy is a regulated activity.

26      Slimming clinics

A service provided in a slimming clinic is a regulated activity if it consists of the provision of advice or treatment for the purposes of weight reduction, including the prescribing of medicines.

27      Nursing care

The provision of nursing care, including nursing care provided in a person’s own home, is a regulated activity.

28      IUD insertion or removal

The insertion or removal of an intrauterine contraceptive device is a regulated activity.

29      Assisted reproduction

The provision of clinical treatment and support for the purposes of assisting people to conceive is a regulated activity.

Part 5

Regulated activity: ambulance service

30      Ambulance service

(1)     The provision of an ambulance service is a regulated activity.

(2)     An “ambulance service” is a service that comprises or includes –

(a)     the provision of treatment or care to a relevant patient while that patient is being transported to or from a place of medical treatment;

(b)     the provision, at or in connection with a public event, of medical treatment that takes place outside relevant premises, under an arrangement made with the provider of the service;

(c)     the operation of a call centre, the purpose of which is to despatch and direct a vehicle for the purposes of providing care under clause (a).

(3)     But the following do not constitute an ambulance service –

(a)     a health care professional providing medical treatment or medical care at a sporting event for the primary benefit of people taking part in the sporting event;

(b)     a service with the primary purpose of rescuing people at sea;

(c)     an air ambulance or sea ambulance registered with a body with similar powers and responsibilities to the Commission, in another jurisdiction;

(d)     a service that includes services described in sub-paragraph (2), but –

(i)      is based in another jurisdiction;

(ii)      is provided under an arrangement made with a Minister;

(iii)     is intended to provide support to manage the effects or potential effects of a major incident; and

(iv)     operates in Jersey for less than 60 days in any period of 12 months.

(4)     In this paragraph –

“medical treatment” includes medical care and medical advice;

“place of medical treatment” means a hospital or other premises primarily used or intended to be used for the purposes of medical treatment;

“public event” means an event, function or other organised activity of any kind to which members of the public have access;

“relevant patient” means a patient –

(a)     whose condition or recovery would or might be impaired if the treatment or care described in sub-paragraph (2)(a) was not provided; and

(b)     either –

(i)      the patient’s condition affects their mobility to such an extent that, if the treatment was not provided while the patient is being transported, the patient’s condition or recovery would or might be impaired; or

(ii)      the patient, without the treatment or care, could not be transported as described in sub-paragraph (2)(a) because of their lack of mobility;

“relevant premises” means premises used or intended to be used for the provision of medical treatment, but does not include –

(a)     any means of transport; or

(b)     temporary premises at or near, and provided in connection with, a public event.

Part 6

31      Conditions applying to activities regulated under this Part

An activity described in this Part is a regulated activity if it is not regulated under –

(a)     paragraph 4(4)(b);

(b)     paragraph 7(5)(b);

(c)     paragraph 15;

(d)     Part 4; or

(e)     paragraph 30.

32      Laser procedures

(1)     Treatment with a class 3B or class 4 laser product is a regulated activity unless it is performed by or under the supervision of –

(a)     a medical practitioner; or

(b)     a person registered under the Dentistry (Jersey) Law 2015.

(2)     In this paragraph, “class 3B laser product” and “class 4 laser product” have the meanings assigned to them in Part 1 of British Standard 4803:83 (Radiation safety of laser products and systems) as effective on 31 March 1983.

33      Hyperbaric oxygen therapy

(1)     The provision of hyperbaric oxygen therapy is a regulated activity.

(2)     “Hyperbaric oxygen therapy” is the administration of oxygen (whether or not combined with 1 or more other gases) to a person who is in a sealed chamber that is gradually pressurised with compressed air.

(6)     A decision under sub-paragraph (2)(b) or an appointment under sub-paragraph (5) must not result in the individual holding office for a total of more than 9 years.

(b)     specify the term of appointment of each Commissioner, which –

(i)      must be no less than 3 years and no more than 5 years; and

(ii)      must not result in the individual holding office for a total of more than 9 years.

(1)     A person cannot be a Commissioner if the person –

(a)     is a member of the States of Jersey, the States of Guernsey or Tynwald; or

(b)     has been a member of the States of Jersey, the States of Guernsey or Tynwald at any time since the relevant date.

(1A)  In sub-paragraph (1)(b), the relevant date is the date on which the parliamentary election preceding the last parliamentary election was held, where “parliamentary election” –

(a)     in relation to the States of Jersey, means –

(i)      an ordinary election for Deputies under Article 6(3) of the States of Jersey Law 2005; or

(ii)      an ordinary election for Connétables under Article 2(3) of the Connétables (Jersey) Law 2008; and

(b)     in relation to the States of Guernsey or Tynwald, means an election that is the equivalent of a public election in that jurisdiction.

(aa)    the date on which the Commissioner has served 9 years in total from the Commissioner’s date of appointment;

(4)     If an officer appointed under sub-paragraph (1) is a States’ employee, the officer is a member of the Commission’s staff for the purposes of this paragraph if, under the direction of the Commission, that officer performs, or assists in the performance of, a function of the Commission.

“Capacity Law” means the Capacity and Self-Determination (Jersey) Law 2016;

“Mental Health Law” means the Mental Health (Jersey) Law 2016;

(b)     is named in a basic, standard or enhanced search (whichever is appropriate to the role and the regulated activity) of a barred list;

3        Conditions of registration: general

(1)     The Commission must impose the following conditions upon the registration of a provider –

(a)     to have an address in Jersey;

(b)     to supply the address of each location at which it provides a regulated activity;

(c)     to submit a Statement of Purpose, namely a document that includes a description of services, including where and to whom they are provided, along with the provider’s aims and objectives, ethos and intended outcomes, to every –

(i)      inspector appointed by the Commission;

(ii)      person working in the service;

(iii)     service user and their representatives; and

(iv)     person involved in arranging care for a service user;

(d)     to provide care only to a stipulated category or categories of service user;

(e)     if the regulated activity is a care home service, to provide care only to a stipulated maximum number of service users at any 1 time –

(i)      in terms of who may be accommodated in the home; and

(ii)      if both nursing care and personal care or personal support are provided, in terms of who may be provided with nursing care and personal care or personal support;

(f)      to provide care only to a stipulated maximum number or to a stipulated category or categories of service user at any 1 time who may be accommodated in particular rooms (which may vary depending on the type of care provided), if the regulated activity is –

(i)      a care home service;

(ii)      a children’s home service; or

(iii)     a residential family centre service;

(g)     if the regulated activity is a home care service, to provide care only up to a stipulated maximum number of hours, and if both nursing care and social care are provided, to provide care only up to a stipulated maximum number of hours relating to each type of care that may be provided;

(h)     if the regulated activity is an adult day care service, a child contact centre service or care service in a special school, to provide care only to a stipulated maximum number of service users at any 1 time;

(i)      in relation to a regulated activity, to provide care only to service users of a stipulated age range;

(j)      to conduct the regulated activity in accordance with the Statement of Purpose.

(2)     The Commission must not impose the conditions set out in paragraph (1)(d) and (i) on the following regulated activities if they are provided by a Minister –

(a)     an activity regulated under Part 4 of Schedule 1 to the Law;

(b)     an ambulance service regulated under Part 5 of Schedule 1 to the Law.

(3)     If a provider of a regulated activity set out in paragraph (4) is a person other than the Minister, upon registration of the provider the Commission must stipulate, as a condition of the registration –

(a)     the maximum number of service users to whom the provider may provide care; or

(b)     the category or categories of service user to whom the provider may provide care.

(4)     The regulated activities referred to in paragraph (3) are –

(a)     a social work service for children and young people;

(b)     an independent monitoring and review service in respect of looked after children’s cases; and

(c)     a children and young people’s mental health service.

(5)     If a provider of an activity regulated under Parts 4, 5 or 6 of Schedule 1 to the Law is a person other than the Minister, upon registration of the provider the Commission must stipulate, as a condition of the registration –

(a)     the treatments or services that the registered person may provide; or

(b)     the category or categories of service user to whom the registered person may provide services.

(6)     It is a further condition of registration as a manager that the manager demonstrates to the satisfaction of the Commission that the manager has undertaken training and continuing professional development to ensure that the manager maintains the experience and skills necessary to manage the regulated activity.

(7)     A registered person must pay the annual fee required by Article 9 of the Law by 31 January each year.

6        Openness and transparency

(1)     A registered person must, in relation to care and treatment provided to service users –

(a)     act in an open and transparent way; and

(b)     have due regard to service users’ protected characteristics.

(2)     A registered person must, as soon as reasonably practicable after becoming aware that a notifiable safety incident has occurred –

(a)     notify the relevant person that the incident has occurred; and

(b)     provide reasonable support to the relevant person in relation to the incident.

(3)     The notification given under paragraph (2)(a) must –

(a)     be given in person by 1 or more representatives of the registered person;

(b)     provide an account of all the facts known by the registered person about the incident at the date of notification;

(c)     advise the relevant person what further enquiries into the incident the registered person believes are appropriate;

(d)     include an apology; and

(e)     be recorded in writing and kept securely by the registered person.

(4)     As soon as reasonably practicable after giving notification under paragraph (2)(a), the registered person must give or send written notification to the relevant person containing –

(a)     a written version of the account provided under paragraph (3)(b), stated to be true to the best of the registered person’s knowledge and belief;

(b)     details of any enquiries to be undertaken under paragraph (3)(c);

(c)     the results of any enquiries carried out into the incident; and

(d)     an apology.

(5)     If the relevant person cannot be contacted in person or declines to speak to the representative of the registered person –

(a)     paragraphs (2) to (4) do not apply; and

(b)     the registered person must keep a written record of their attempts to contact or speak to the relevant person.

(6)     But the registered person may send a written notification under paragraph (4) if –

(a)     the registered person has a valid address for the relevant person;

(b)     more than 28 days has elapsed since the notifiable safety incident; and

(c)     the registered person or their representative has made reasonable efforts to contact the relevant person during the 28 days after the notifiable safety incident occurred.

(7)     The registered person must keep a copy of all correspondence with the relevant person under paragraph (4).

(8)     In relation to a regulated activity provided by a service regulated under Part 4 or Part 5 of Schedule 1 to the Law, “notifiable safety incident” means an unintended or unexpected incident that occurred in respect of a service user during the provision of a regulated activity that, in the reasonable opinion of a health care professional, could result in, or appears to have resulted in –

(a)     the death of the service user, if the death relates directly to the incident rather than to the natural course of the service user’s illness or underlying condition; or

(b)     severe harm that is related directly to the notifiable safety incident, moderate harm or prolonged psychological harm to the service user.

(9)     In relation to any other registered person, “notifiable safety incident” means an unintended or unexpected incident that occurred in respect of a service user during the provision of a regulated activity that, in the reasonable opinion of a health care professional –

(a)     appears to have resulted in –

(i)      the death of the service user, if the death relates directly to the incident rather than to the natural course of the service user’s illness or underlying condition;

(ii)      an impairment of the sensory, motor or intellectual functions of the service user that has lasted, or is likely to last, for a continuous period of at least 28 days;

(iii)     changes to the structure of the service user’s body;

(iv)     the service user experiencing prolonged pain or prolonged psychological harm; or

(v)     the shortening of the life expectancy of the service user; or

(b)     requires treatment by a health care professional to prevent –

(i)      the death of the service user; or

(ii)      any injury to the service user that, if left untreated, would lead to 1 or more of the outcomes listed in sub-paragraph (a).

(10)   In this Regulation –

“apology” means an expression of regret in respect of a notifiable safety incident;

“moderate harm” means harm –

(a)     that requires a moderate increase in treatment; and

(b)     is significant but not permanent;

“moderate increase in treatment” includes –

(a)     an unplanned return to surgery;

(b)     an unplanned readmission;

(c)     the prolongation of a course of treatment or care;

(d)     extra time in hospital or as an outpatient;

(e)     cancellation of treatment;

(f)      transfer to another treatment area such as intensive care;

“prolonged pain” means pain that a service user has experienced, or is likely to experience, for a continuous period of at least 28 days;

“prolonged psychological harm” means psychological harm that a service user has experienced, or is likely to experience, for a continuous period of at least 28 days;

“relevant person” means –

(a)     the service user; or

(b)     a person acting lawfully on the service user’s behalf –

(i)      on the death of the service user;

(ii)      if the service user is under the age of 16 and not competent to make a decision in relation to their care or treatment; or

(iii)     if the service user has attained the age of 16 and lacks capacity in relation to the matter;

“severe harm” means harm that –

(a)     causes a permanent lessening of bodily, sensory, motor, physiological or intellectual functions; and

(b)     is not related to the natural course of the service user’s illness or underlying condition.

(11)   An apology included in a notification given under paragraph (2)(a) or (4) –

(a)     is not admissible as evidence of anything relevant to the determination of liability in connection with the notifiable safety incident to which it relates; and

(b)     cannot be used in any other way to the prejudice of the person by or on behalf of whom the apology was made.

7A     Visitors and involvement in community

(1)     If, as part of a registered activity, a service user is provided with accommodation, the registered person must support the service user’s involvement in the community.

(2)     That support includes –

(a)     facilitating visits and social contact from people, including relatives and friends, to support the mental and social wellbeing of the service user;

(b)     facilitating visits from or access to people providing professional support to the service user, including lawyers, priests, hairdressers and health care professionals.

(3)     A registered person may restrict access of a visitor to a service user if, having consulted the service user, it is reasonable for the registered person to restrict that access to protect the service user’s mental or physical health or wellbeing.

(4)     If a registered person restricts access of a visitor under paragraph (3), the registered person must –

(a)     inform the service user of their decision and the reasons for it; and

(b)     keep an accurate record of their decision and the reasons for it.

8A     Requirement to inform and update

(1)     A registered person must make appropriate and adequate arrangements to communicate with service users or their representatives regarding arrangements for the service user’s care and treatment, including changes to those care and treatment arrangements.

(2)     Communication must be clear, timely and effective, and must be appropriate to both the service user’s needs and the situation.

(b)     if the service user has a representative and the service user consents, give the representative access to the personal plan; and

(8)     The registered person may withhold access to a service user’s personal plan or care plan by the service user’s representative if –

(a)     the service user –

(i)      is accommodated in a children’s home provided by the Minister for Children and Families;

(ii)      is under the care of a social work service for children and young people provided by that Minister; or

(iii)     lacks capacity; and

(b)     it is reasonable for the registered person to withhold that access to protect the service user’s mental or physical health or wellbeing.

(9)     If a registered person restricts access to a service user’s personal plan, the registered person must –

(a)     inform the service user of their decision and the reasons for it; and

(b)     keep an accurate record of their decision and the reasons for it.

(10)   A registered person must not withhold access to a service user’s personal plan or care plan by a service user’s representative by reason of the service user lacking capacity if the service user’s representative –

(a)     is the holder of a lasting power of attorney in respect of the service user’s health and welfare under Article 14 of the Capacity Law; or

(b)     is a delegate appointed in respect of the service user’s health and welfare under Article 24 of that Law.

18      Premises, vehicles and equipment

(4)     In this Article, “vehicle” includes any means of transport by land, sea or air, its fittings, its detachable parts and any containers (whether detachable or not) used with it.

(4)     The registered provider must arrange for a representative to report monthly on the quality of the care provided and compliance with the registration requirements under the Law and these Regulations.

(4A)  But the registered provider need not make an arrangement under paragraph (4) if the registered provider –

(a)     is the registered manager; or

(b)     is an independent person appointed under Regulation 30.

20A   Requirement to display registration

A registered person must prominently display a notice to the effect that the person is registered with the Commission, together with the contact details of the Commission –

(a)     in all premises operated by the registered person; and

(b)     on each written or electronic communication made by the person relating to the regulated activity.

21      Notification requirements

(1)     A registered person must notify the Commission as soon as practicable after –

(a)     a service user is subject to a significant restriction on their liberty under Article 38 of the Capacity Law;

(b)     a service user is detained under Part 3 of the Mental Health Law;

(c)     a service user is received into guardianship under Part 4 of the Mental Health Law;

(d)     a power of the Royal Court is exercised in respect of a service user under Part 9 of the Mental Health Law; or

(e)     an incident, accident or event occurs that –

(i)      is of a description specified by the Commission; and

(ii)      has posed or may pose a risk of harm to service users.

(2)     Notification must be made in the manner specified by the Commission.

(4)     This Regulation does not apply to –

(a)     a regulated activity operated by a Minister;

(b)     a regulated activity operated by a registered person who is an individual directly employed by, or personally in receipt of any reward from, the service user for the care provided; or

(c)     a regulated activity described in Part 6 (regulated activities: controlled techniques) of Schedule 1 to the Law.

Part 8A

Regulated activities provided in respect of persons detained under mental health law

79A   Requirement for regulated activities involving function carried out under Mental Health Law

(1)     This Article applies if the regulated activity is provided in relation to a function being carried out under the Mental Health Law and for the purposes of Article 14 of the Law.

(2)     In providing a service that is a regulated activity the registered person must act in accordance with the code of practice issued by the Minister for Health and Social Services under Article 90(1) of the Mental Health Law.

80      Requirement for Commission to carry out inspections - general

(1A)  Inspections for the activities described in the second column of the table must be carried out at least once in the period shown in the fourth column of the table (showing the corresponding provision of Schedule 1 to the Law in the third column) –

(6)     It is a defence for a person charged with a contravention of Regulation 18 in relation to premises to prove that, at the time of the alleged offence, they took all reasonable precautions and put in place all reasonable procedures to mitigate deficiencies in the premises provided for the regulated activity.

(7)     The defence in paragraph (6) applies only to activities regulated under Part 4 of Schedule 1 to the Law.

(8)     Paragraphs (6) and (7) may be deleted by the Minister by Order.

(a)     a care home within the meaning of paragraph 4 of Schedule 1 to the Regulation of Care (Jersey) Law 2014;

(b)     accommodated in a hospital, or in any home consisting of a care home service, for a consecutive period of at least 3 months (whether or not that period began before the individual reached the age of 16); or

(c)     in the case of –

(i)      a medical examination, at a hospital; or

(ii)      a psychiatric examination, at a hospital at which the supervised child is, or is to attend as, a resident patient.

“care home” means –

(a)     a care home within the meaning of paragraph 4 of Schedule 1 to the Regulation of Care (Jersey) Law 2014; and

(b)     premises used to provide health care services regulated under Part 4 of that Schedule.

“care home” means a home consisting of –

(a)     a care home service within the meaning of paragraph 4 of Schedule 1 to the Regulation of Care (Jersey) Law 2014 (the “2014 Law”); or

(b)     a children’s home service or residential family centre service within the meaning given to each of those expressions in Part 3 of Schedule 1 to the 2014 Law;

(ea)    premises that are used or intended to be used to provide a health care service regulated under Part 4 of Schedule 1 to the Regulation of Care (Jersey) Law 2014.

(e)     premises that are used or intended to be used to provide a health care service regulated under Part 4 of Schedule 1 to the Regulation of Care (Jersey) Law 2014.

Health and Social Care Commission

(iia)    a children’s home service as defined in paragraph 7 of Schedule 1 to the Regulation of Care (Jersey) Law 2014;

(iii)     a hospital, if the child is accommodated in that hospital, or in any other hospital in Jersey, to receive services provided there;

“domestic premises” means a dwelling used for residential accommodation that is not part of a home consisting of –

(a)     a care home service within the meaning of paragraph 4 of Schedule 1 to the Regulation of Care (Jersey) Law 2014 (the “2014 Law”), or

(b)     a children’s home service or residential family centre service within the meaning given to each of those expressions in Part 3 of Schedule 1 to the 2014 Law;

7        Approved places

“Approved place” means a hospital maintained or controlled by the States or by an administration of the States.