Nursing and
Residential Homes (Jersey) Law 1994[1]
A LAW to make new provision for the
registration and regulation of nursing homes and residential care homes and for
connected purposes
Commencement
[see endnotes]
INTRODUCTORY
1 Interpretation
(1) In this Law –
“appropriate register”, in relation to a
home of any class, means the register maintained for homes of that class under Article 4(1);
“certified” in relation to a midwife, means
a person authorized to exercise the profession of midwife in Jersey under the Loi (1922) sur la santé publique
(Sage-Femmes);[2]
“disabled” means blind, deaf or dumb or
substantially and permanently handicapped by illness, injury or congenital
deformity or any other prescribed disability, and “disablement”
shall be construed accordingly;
“maternity home” has the meaning given by Article 3(1)(c);
“mental disorder” and “mentally
disordered” have the same meanings as in the Mental Health (Jersey) Law 1969;[3]
“mental nursing home” has the meaning given
by Article 3(1)(b);
“Minister” means the
Minister for Health and Social Services;
“notice” means a notice in writing;
“nursing home” has the meaning given by Article 3(1)(c);
“personal care” means care which includes
assistance with bodily functions where such assistance is required;
“prescribed” means prescribed by Order of
the Minister;
“registered dentist” has the same meaning as
in the Dentists (Registration) (Jersey)
Law 1961;[4]
“registered medical practitioner” has the
same meaning as in the Medical
Practitioners (Registration) (Jersey) Law 1960;[5]
“relative” has the meaning given by Article 2;
“residential care home” has the meaning
given by Article 3(1)(a).
(2) In
this Law, any reference to carrying out a termination of pregnancy includes
administering any drug for the purpose of inducing a termination.[6]
2 Meaning of “relative”
(1) In
this Law “relative” means any of the following –
(a) husband
or wife or civil partner;
(b) son
or daughter;
(c) father
or mother;
(d) brother
or sister;
(e) grandparent
or other ascendant;
(f) grandchild
or other descendant;
(g) uncle
or aunt;
(h) nephew
or niece.[7]
(2) In
deducing any relationship for the purposes of paragraph (1) –
(a) any
relationship by marriage or civil partnership shall be treated as a
relationship by consanguinity, any relationship of the half-blood as a
relationship of the whole blood, and the stepchild of any person as his or her child; and
(b) an
illegitimate person shall be treated as the legitimate child of the
child’s mother and reputed father.[8]
(3) In
this Article “husband”, “wife” and “civil
partner” include a person who is living with a person carrying on or
intending to carry on a residential care home as that person’s husband,
wife or civil partner, respectively, and who has been so living for a period of
not less than 6 months.[9]
(4) A
person, other than a relative with whom a person carrying on or intending to
carry on a residential care home ordinarily resides, and with whom that person
has been ordinarily residing for a period of not less than 5 years shall be
treated for the purposes of this Law as if he or she were a relative.
3 Homes to which Law applies
(1) Subject
to paragraphs (2) to (5) inclusive, this Law applies to the following
classes of premises (in this Law referred to as “homes to which this Law
applies”) –
(a) any
premises which provide or are intended to provide, whether for reward or not,
residential accommodation with both board and personal care for persons in need
of personal care by reason of old age, disablement, past or present dependence
on alcohol or drugs, or past or present mental disorder (in this Law referred
to as a “residential care home”);
(b) any
premises used or intended to be used for the reception of, and the provision of
nursing or other medical treatment (including care, habilitation or rehabilitation
under medical supervision) for, one or more mentally disordered persons,
(meaning persons suffering, or appearing to be suffering, from mental disorder)
whether exclusively or in common with other persons (in this Law referred to as
a “mental nursing home”);
(c) any
premises, not being a mental nursing home, which are used or intended to be
used –
(i) for
the reception of, and the provision of nursing for, persons suffering from any
sickness, injury or infirmity, or
(ii) for
the reception of pregnant women or of women immediately after childbirth, or
(iii) for
the provision of all or any of the services specified in paragraph (6),
(any of which premises are in
this Law referred to as a “nursing home”, and premises falling
within clause (ii) are in this Law referred to as a “maternity
home”).
(2) This
Law does not apply to –
(a) any
hospital maintained or controlled by the States or any administration thereof;
(b) any provided school, within the meaning of the Education (Jersey) Law 1999,[10] or any school or class
of school to which the Minister may by Order declare that this Law shall not
apply; or
(c) any
other establishment or premises maintained or controlled by a Minister.[11]
(3) The
definition of “residential care home” in paragraph (1)(a) does
not include –
(a) premises
which provide or are intended to provide residential accommodation with both board
and personal care, otherwise than for reward, for fewer than 4 persons; and in
determining whether premises fall within that definition, no account shall be
taken of anyone provided with such accommodation there who is a person –
(i) carrying
on or intending to carry on the home, or
(ii) employed
or intended to be employed there,
or a relative of such a person; or
(b) any
other premises which may be prescribed for the purposes of this paragraph.
(4) For
the purposes of paragraph (3) –
(a) “reward”,
subject to sub-paragraph (c), includes any benefit or thing tangible or
intangible given or received wholly or partly in connection with the provision
of any accommodation, or of board or personal care provided with any
accommodation, irrespective of the person by whom it is given or received;
(b) accommodation
with board and personal care shall be taken as provided for reward even though
a person provides them, or any part of them, otherwise than for profit; and
(c) the
Minister may prescribe any type of reward as a reward to which paragraph (3)
does not apply.
(5) The
definition of “nursing home” in paragraph (1)(c) does not include –
(a) any
sanatorium provided at a school or educational establishment and used or
intended to be used solely by persons in attendance at, or members of the staff
of, that school or establishment or members of their families;
(b) any
first aid or treatment room provided at a factory, office, shop premises or at
a sports ground, show ground or place of public entertainment;
(c) any
premises used or intended to be used wholly or mainly –
(i) by
a registered medical practitioner for the purpose of consultations with
patients,
(ii) by
a registered dental practitioner or chiropodist for the purpose of treating
patients, or
(iii) for
the provision of occupational health facilities,
unless they are used or
intended to be used for the provision of any of the services specified in paragraph (6),
not being premises prescribed under sub-paragraph (e);
(d) any
premises used or intended to be used wholly or mainly as a private dwelling;
(e) any
other premises which may be prescribed for the purposes of this paragraph.
(6) The
services mentioned in paragraph (1)(c)(iii) and paragraph (5)(c)
are –
(a) the
carrying out of surgical procedures under anaesthesia;
(b) the
carrying out of terminations of pregnancy;
(c) endoscopy;
(d) haemodialysis
or peritoneal dialysis;
(e) treatment
by laser and diagnosis or treatment by radiation, including X-ray; and
(f) any
other technique of medicine or surgery (including cosmetic surgery) as to which
the Minister is satisfied that its use may create a hazard for persons treated
by means of it or for the staff of any premises where the technique is used,
and which is prescribed for the purposes of this paragraph.[12]
REGISTRATION OF HOMES
4 Requirement of registration
(1) The
Minister shall maintain a register for each class of home to which this Law
applies, namely –
(a) residential
care homes;
(b) mental
nursing homes; and
(c) nursing
homes.
(2) Any
person who carries on a home to which this Law applies without being registered
in the appropriate register or registers in respect of that home shall be
guilty of an offence and liable to a fine.
(3) Where
any premises fall within more than one class of homes to which this Law
applies, the requirement to be registered under this Law is a requirement to be
registered in each of the appropriate registers under this Law.
(4) Where
the person carrying on or intending to carry on a home to which this Law
applies is not the person who is or is intended to be in charge of the
premises, both of those persons are to be treated as carrying on or intending
to carry on the home, and accordingly as requiring to be registered under this Law.
(5) An
application for registration under this Law –
(a) shall
be made to the Minister in such form as may be prescribed;
(b) shall
be accompanied by a fee of such amount as may be prescribed;
(c) in
the case of a mental nursing home, shall state whether or not it is proposed to
receive in the home patients who are liable to be detained under the provisions
of the Mental Health (Jersey) Law 1969;[13] and
(d) in
the case of a nursing home, shall state –
(i) whether
or not it is proposed to receive in the home pregnant women or women
immediately after childbirth, and
(ii) whether
or not it is proposed to carry out terminations of pregnancy in the home.[14]
(6) Subject
to Article 7, the Minister shall, on receiving an application under paragraph (5),
register the applicant in respect of the home named in the application, and
shall issue to the applicant a certificate of registration.
(7) Where
a person is registered in pursuance of an application stating that it is
proposed to receive in the home such patients as are described in paragraph (5)(c) –
(a) that
fact shall be specified in the certificate of registration; and
(b) the
particulars of the registration shall be entered by the Minister in a separate part
of the register of mental nursing homes.
(8) Where
a person is registered in pursuance of an application stating that it is
proposed to receive in the home pregnant women or women immediately after
childbirth or that it is proposed to carry out terminations of pregnancy in the
home –
(a) that
fact shall be specified in the certificate of registration; and
(b) the
particulars of the registration shall be entered by the Minister in a separate part
of the register of nursing homes.[15]
(9) The
certificate of registration issued under this Law in respect of any home to
which this Law applies shall be kept affixed in a conspicuous place in the home,
and if default is made in complying with this paragraph, the person carrying on
the home shall be guilty of an offence and liable to a fine not exceeding level
2 on the standard scale.[16]
(10) The
Minister may issue a duplicate certificate of registration in such
circumstances, and on payment of such fee, as may be prescribed.
5 Optional registration
(1) A
person who –
(a) is
registered under this Law in respect of any nursing home or mental nursing
home; and
(b) would
be required to be registered in the register maintained for residential care
homes in respect of them under this Law but for Article 3(3),
may apply to be registered in the
said register in respect of those premises.
(2) If
such a person does so apply, this Law shall have effect in relation to the person
as if those premises were a residential care home.
6 Registration conditions
(1) It
shall be a condition of the registration of any person in respect of a home to
which this Law applies that –
(a) in
the case of a residential care home, the number of persons for whom residential
accommodation with board and personal care is provided; or
(b) in
any other case, the number of persons kept,
at any one time in the home
(excluding persons carrying on or employed at the home and their relatives)
does not exceed such number as may be specified in the certificate of
registration.
(2) Without
prejudice to paragraph (1), any such registration may be effected subject
to such conditions as the Minister may consider appropriate –
(a) for
regulating the age, sex and other category of persons who may be received in
the home in question; and
(b) for
restricting the number of persons who may be accommodated in any particular
room or rooms in the home,
and any condition imposed by
virtue of sub-paragraphs (a) and (b) shall be specified in the certificate
of registration.[17]
(3) The
registration of any person in respect of a home to which this Law applies and
in which it is proposed to carry out terminations of pregnancy may be effected
subject to such conditions as the Minister may consider appropriate.[18]
(3A) Paragraph (3B)
applies where a person who is registered under this Law to carry on a
residential care home –
(a) makes an application for registration in
respect of a nursing home; and
(b) intends to receive and keep in that nursing
home persons who are residents of the residential care home in respect of which
that person is registered.[19]
(3B) Without
prejudice to the generality of paragraphs (1) and (2), a registration to which
this paragraph applies may be effected subject to such additional conditions as
the Minister may consider appropriate for regulating –
(a) the category of person who may be kept in
that nursing home; and
(b) the category of nursing care to be provided
by that nursing home,
and any condition imposed by
virtue of this paragraph shall be specified in the certificate of registration.[20]
(4) The
Minister may from time to time –
(a) vary
or remove any condition for the time being in force in respect of a home by
virtue of this Article, or
(b) impose
an additional condition,
either on the application of a person
registered in respect of it or without such an application.
(5) If
any condition for the time being in force in respect of a home by virtue of
this Article is not complied with, the person registered in respect of that
home or any person carrying on the home or both of them shall be guilty of an
offence and liable to a fine not exceeding level 3 on the standard scale.[21]
7 Refusal of registration
(1) The
Minister may refuse to register an applicant in respect of a home to which this
Law applies if the Minister is satisfied –
(a) that
the applicant, or any person employed or proposed to be employed by the
applicant at the home, is not a fit person (whether by reason of age or
otherwise) to carry on or be employed at a home of such a class as that named
in the application;
(b) that,
for reasons concerned with situation, construction, state of repair,
accommodation, staffing or equipment (but subject to the provisions of any Order
under Article 15(1) or (2)(b)), the home is not, or any premises used in
connection with the home are not, fit to be used for a home of that class;
(c) that
the home is, or any premises used in connection with the home are, used, or
proposed to be used, for purposes which are in any way improper or undesirable
in the case of a home of that class;
(d) that
the way in which it is intended to carry on the home is such as not to provide
services or facilities reasonably required;
(e) in
the case of a nursing home or a mental nursing home, that the home is not, or
will not be, in the charge of a person who is either a registered medical
practitioner or a qualified nurse or, in the case of a maternity home, a
certified midwife; or
(f) in
the case of a nursing home or a mental nursing home, that the following
condition is not, or will not be, fulfilled in relation to the home, namely
that such number of nurses possessing such qualifications, and in the case of a
maternity home, such number of certified midwives, as may be specified in a
notice served by the Minister on the person carrying on or proposing to carry
on the home are on duty in the home at such times as may be so specified.
(2) In
paragraph (1)(e) “qualified nurse”, in relation to a home,
means a nurse possessing such qualifications as may be specified in a notice
served by the Minister on the person carrying on or proposing to carry on the
home.
8 Cancellation of registration
(1) The
Minister may at any time cancel the registration of a person in respect of a
home to which this Law applies –
(a) on
any ground which would entitle the Minister to refuse an application for the
registration of that person in respect of that home;
(b) on
the ground that that person has been convicted of an offence against this Law,
or that any other person has been convicted of such an offence in respect of
that home;
(c) on
the ground that any condition for the time being in force in respect of the
home by virtue of this Law has not been complied with;
(d) on
the ground that that person has been convicted of an offence against an Order
made under Article 15;
(e) on
the ground that the annual fee in respect of the home has not been paid on or
before the due date; or
(f) at
the request of that person.
(2) Where
an Order under Article 15(1) or (2)(b) or has come into force with respect to any
class of homes to which this Law applies since the date of registration of any person
in respect of a home within that class, the registration may be cancelled on the
ground specified in Article 7(1)(b) by reason that the home does not
comply with any standard specified in that Order, notwithstanding that the
construction, accommodation or equipment of the home or the staffing of the
home, as the case may be, has not changed since the date of registration.
PROCEDURE
9 Ordinary procedure for registration, etc.
(1) Where –
(a) a
person applies for registration in respect of a home to which this Law applies;
and
(b) the
Minister proposes to grant the person’s application,
the Minister shall give him or
her notice of the Minister’s proposal and of the conditions subject to
which the Minister proposes to grant his or her application.
(2) The
Minister shall give an applicant notice of a proposal to refuse the
applicant’s application.
(3) Except
where it applies to the Bailiff under Article 11, the Minister shall give
any person registered in respect of a home to which this Law applies notice of
a proposal –
(a) to
cancel the registration;
(b) to
vary any condition for the time being in force in respect of the home by virtue
of this Law; or
(c) to
impose any additional condition.
(4) A
notice under this Article shall –
(a) give
the Minister’s reasons for the Minister’s proposal; and
(b) state
that within such period as may be specified in the notice (not being less than
21 days beginning with the date of service of the notice) any person on
whom it is served may make objections or representations in writing to the
Minister concerning the proposal.
(5) In
relation to any proposal mentioned in paragraph (1), (2) or (3) the
Minister –
(a) shall
not make a decision on the proposal before the expiration of the period
specified under paragraph (4)(b); and
(b) shall
before making such a decision consider any objections or representations made
in accordance with the notice.
10 Decision of Minister
(1) If
the Minister decides to adopt a proposal mentioned in paragraph (1), (2)
or (3) of Article 9, he or she shall serve notice of his or her decision
on any person on whom the Minister was required to serve notice of the
proposal.
(2) A
notice under this Article shall include an explanation of the right of appeal
conferred by Article 12.
(3) A
decision of the Minister, other than a decision –
(a) to
grant an application for registration subject only to conditions agreed between
the applicant and the Minister; or
(b) to
refuse an application for registration,
shall not take
effect –
(i) if no appeal is brought, until the
expiration of the period of 28 days referred to in Article 12(2); and
(ii) if an appeal is brought, until it is
determined or abandoned.
11 Urgent procedure for cancellation, etc.
(1) The
Minister may apply to the Bailiff ex parte for
a provisional order –
(a) cancelling
the registration of a person in respect of a home to which this Law applies;
(b) varying
any condition for the time being in force in respect of such a home by virtue
of this Law; or
(c) imposing
an additional condition.
(2) If
upon an application under paragraph (1) it appears to the Bailiff that there
is prima facie evidence that there will be
serious risk to the life, health or well being of any person resident, or as
the case may be, a patient, in the home unless an order is made, the Bailiff
may make a provisional order in accordance with the application of the
Minister.
(3) An
application under paragraph (1) shall be supported by an affidavit stating
the reasons for the Minister’s application.
(4) As
soon as practicable after the making of a provisional order under this Article –
(a) notice
of the making of the order and its terms; and
(b) a
copy of the affidavit which supported the application for the order,
shall be served upon any person
registered in respect of the home concerned.
(5) A
provisional order under this Article shall take effect upon service in
accordance with paragraph (4).
(6) The
Minister shall, as soon as may be after the service of a provisional order,
summons the person served to appear before the Royal Court to witness the
confirmation of the provisional order and the Court may confirm, vary or cancel
the provisional order or make such other order as it thinks fit in the
interests of any person resident, or as the case may be, any patient, in the
home concerned.
12 Appeals
(1) An
appeal against a decision of the Minister under this Law shall lie to the Royal
Court.
(2) No
appeal against a decision of the Minister may be brought by a person more than
28 days after service on him or her of notice of the decision.
(3) On
an appeal against a decision of the Minister the Court may confirm the decision
or direct that it shall not have effect.
13 Effect of death or cancellation
(1) Where –
(a) one
person only is registered under this Law in respect of a home to which this Law
applies, other than a home to which paragraphs (3) to (5) apply; and
(b) that
person dies,
the person’s executor,
administrator, surviving spouse or surviving civil partner or any other
relative of the person may for a period not exceeding 4 weeks from his or her
death, or such longer period as the Minister may sanction, carry on the home
without being registered in respect of it.[22]
(2) Paragraphs
(3) to (5) apply to any mental nursing home the particulars of the registration
of which are entered in the separate part of the register referred to in Article 4(7)(b),
and in those paragraphs “patient” means a person suffering or
appearing to be suffering from mental disorder.
(3) If
the registration of any such home is cancelled under Article 8 at a time
when any patient is liable to be detained in the home under the provisions of
the Mental Health (Jersey) Law 1969,[23] the registration shall, notwithstanding the cancellation, continue
in force –
(a) until
the expiry of the period of 2 months beginning with the date of the
cancellation; or
(b) until
every such patient has ceased to be so liable,
whichever first occurs.
(4) If
one person only is registered in respect of any such home, and that person dies
at a time when any patient is liable to be so detained, the registration shall
continue in force –
(a) until
the expiry of the period of 2 months beginning with the death;
(b) until
every patient has ceased to be so liable; or
(c) until
a person other than the deceased has been registered in respect of the home,
whichever first occurs.
(5) A
registration continued in force by virtue of paragraph (4) shall continue
in force –
(a) as
from the grant of representation to the estate of the deceased, for the benefit
of the personal representative of the deceased; and
(b) pending
the grant of probate or administration, for the benefit of any person approved
for the purpose by the Minister.
(6) For
the purposes of this Law, a person for whose benefit the registration continues
in force by virtue of paragraph (4) shall be treated as registered in
respect of the home.
14 Inspection of registers
The registers kept by the Minister for the purposes of this Law
shall be available for inspection at all reasonable times, and any person
inspecting any such register shall be entitled to make copies of entries in the
register on payment of such fee as may be prescribed.
15 Orders
(1) The
Minister may make Orders specifying standards of construction, accommodation
and equipment which are to be complied with by any class of homes to which this
Law applies.
(2) The
Minister may make Orders as to the conduct of homes or any class of homes to
which this Law applies, and in particular –
(a) as
to the facilities and services to be provided in such homes;
(b) as
to the numbers and qualifications of staff to be employed in such homes;
(c) as
to the numbers of suitably qualified and competent staff to be on duty in such
homes;
(d) with
respect to entry into and the inspection of premises used or reasonably
believed to be used as a home to which this Law applies, and the exercise on
behalf of the Minister of the powers conferred by Article 19;
(e) with
respect to the visiting and examination of persons detained under the Mental Health (Jersey) Law 1969;[24]
(f) with
respect to the keeping of records and notices in respect of persons received
into such homes, including records relating to the detention and treatment of
persons detained under the Mental Health
(Jersey) Law 1969 in a mental nursing home;
(g) with
respect to the notification of events occurring in such homes;
(h) as
to the giving of notice by a person of a description specified in the Order of
periods during which any person of a description so specified proposes to be
absent from a nursing home and as to the information to be supplied in such a
notice;
(i) as
to any information required to be provided to the Minister in respect of the
conduct of such homes;
(j) making
provision for children under the age of 20 years who are resident in
residential care homes to receive a religious upbringing appropriate to the
religious persuasion to which they belong;
(k) providing
for the making of adequate arrangements for the running of a home to which this
Law applies during a period when the person in charge of it is absent from it;
(l) requiring
a notice stating the effect of any condition imposed by virtue of Article 6(2)(b)
to be displayed in any room to which the condition relates;
(m) as to a
requirement arising out of a condition imposed under Article 6(3B).[25]
(3) The
Minister may make Orders as to registration under this Law, and in
particular –
(a) requiring
persons registered under this Law to pay an annual fee;
(b) specifying
when the fee is to be paid;
(c) as
to the form of registers to be kept for the purposes of this Law and the
particulars to be contained in them; and
(d) as
to the information to be supplied on an application for registration.
(4) An
Order under this Article may provide that a contravention of or failure to
comply with any specified provision thereof shall be an offence and that a person
guilty of such an offence shall be liable to a fine not exceeding level 4 on
the standard scale.[26]
(5) The
Subordinate Legislation (Jersey)
Law 1960[27] shall apply to Orders made under this Law.
OFFENCES
16 Prohibition on holding out premises as homes
(1) A
person who –
(a) applies
any name to premises in Jersey; or
(b) in
any way describes such premises or holds such premises out,
so as to indicate, or so as
reasonably to be understood to indicate, that the premises are a home to which
this Law applies, or within any class of such homes, shall be guilty of an
offence unless registration has been effected in the appropriate register in
respect of the premises as a residential care home, mental nursing home or
nursing home, as the case may be.
(2) A
person guilty of an offence under this Article shall be liable to a fine not
exceeding level 4 on the standard scale.[28]
17 Liability of officers of body corporate; accessories and abettors,
etc.
(1) Where
an offence under this Law or any Order made under it which has been committed
by a body corporate is proved to have been committed with the consent or
connivance of, or to be attributable to any neglect on the part of, any
director, manager, secretary or other similar officer of the body corporate, or
any person purporting to act in any such capacity, he or she as well as the
body corporate shall be deemed to be guilty of that offence and shall be liable
to be proceeded against and punished accordingly.
(2) Without
prejudice to paragraph (1), any person who knowingly and wilfully aids,
abets, counsels, causes, procures or commands the commission of any offence
under this Law or any Order made under it shall be liable to be dealt with,
tried and punished as a principal offender.
18 Defences
(1) In
any proceedings for an offence under this Law, subject to paragraph (2),
it shall be a defence for the person charged to prove –
(a) that
the commission of the offence was due to a mistake or to reliance on
information supplied to him or her or to the act or
default of another person, an accident or some other cause beyond his or her control; and
(b) that
he or she took all reasonable precautions and exercised all due diligence
to avoid the commission of such an offence by himself
or herself or
any person under his or her control.
(2) If
in any such case the defence provided by paragraph (1) involves the
allegation that the commission of the offence was due to the act or default of
another person or to reliance on information supplied by another person, the person
charged shall not, without leave of the court, be entitled to rely on that defence
unless, within a period ending 7 clear days before the hearing, he or she has
served on the Centenier who instituted proceedings or, if the case is before
the Royal Court, the Attorney General, a notice in writing giving such
information identifying or assisting in the identification of that other person
as was then in his or her possession.[29]
MISCELLANEOUS AND SUPPLEMENTAL
19 Inspection of homes and visiting of patients
(1) Subject
to the provisions of this Article, any person authorized in that behalf by the
Minister may at any time, after producing, if asked to do so, some duly
authenticated document showing that he or she is so authorized, enter and
inspect any premises which are used, or which that person has reasonable cause
to believe to be used, for the purposes of a home to which this Law applies,
and may inspect any records kept in pursuance of any Order under Article 15(2)(e).
(2) A
person authorized under paragraph (1) to inspect a home to which this Law
applies may visit and interview in private any person who is a patient, or is
residing, in the home –
(a) for
the purpose of investigating any complaint as to the person’s treatment made by or on
behalf of the patient or resident; or
(b) in
any case where the person so authorized has reasonable cause to believe that
the patient or resident is not receiving proper care,
and where the person so authorized
is a registered medical practitioner, he or she may examine the patient or
resident in private, and may require the production of, and inspect, any
medical records relating to the patient’s or resident’s treatment
in that home.
(3) Any
person who refuses to allow the inspection of any premises, or without
reasonable cause refuses to allow the visiting, interviewing or examination of
any person by a person authorized in that behalf under this Article or the
visiting or examination of a patient who is liable to be detained by a
registered medical practitioner authorized under Article 19 of the Mental Health (Jersey) Law 1969[30] or to produce for the inspection of any person so authorized any
document or record the production of which is duly required by him or her, or
otherwise obstructs any such person in the exercise of his or her powers under
this Article, shall be guilty of an offence.
(4) Without
prejudice to the generality of paragraph (3), any person who insists on
being present when requested to withdraw by a person authorized as aforesaid to
interview or examine a person in private shall be guilty of an offence.
(5) A
person guilty of an offence under this Article shall be liable to a fine not
exceeding level 4 on the standard scale. [31]
(6) The
provisions of this Article are without prejudice to the provisions of Article 19
or 40 of the Mental Health (Jersey)
Law 1969.
20 Service of documents
Any notice or other document required under this Law to be served
on a person carrying on, or intending to carry on, a home to which this Law
applies, may be served on him or her by delivering it
personally to him or her or by post and shall be deemed to
be properly addressed to the person if it is addressed to his or her usual place of residence or last known place of business or to
the home in question.
21 Transitional provisions, consequential amendments, savings and repeals
(1) The
savings and transitional provisions contained in the Schedule shall have
effect.
(2) References
in any enactment, instrument or document to a provision of any of the
enactments repealed by this Law which is replaced by a corresponding provision
of this Law are to be read, where necessary to retain for the enactment,
instrument or document the same force and effect as it would have had but for
the enactment of this Law, as, or as including, a reference to the
corresponding provision by which it is replaced in this Law.
(3) The
generality of paragraph (2) is not affected by any specific conversion of
references made by this Law, nor by the inclusion in any provision of this Law
of a reference to the provision of the enactment repealed by this Law which is
replaced by a corresponding provision of this Law.
22 Citation
This Law may be cited as the
Nursing and Residential Homes (Jersey) Law 1994.