Nursing Agencies
(Jersey) Law 1978[1]
A LAW to provide for the registration
and control of nursing agencies and for matters connected therewith
Commencement
[see endnotes]
1 Interpretation
In this Law, unless the context otherwise requires, –
“certified midwife”
means a person authorized to exercise the profession of midwife in Jersey under
the Loi (1922) sur la santé publique
(Sage-femmes);[2]
“enrolled nurse”
means a person enrolled in the roll of nurses maintained in pursuance of
section 2(1) of the Nurses Act 1957 of
the United Kingdom;
“Minister” means the Minister for Health and Social
Services;
“nurse” means a
nurse for the sick and “registered nurse”
means a nurse registered in the register of nurses maintained in pursuance of
section 2(1) of the Nurses
Act 1957 of the United Kingdom;
“nursing agency”
means the business (whether or not carried on for gain and whether or not
carried on in conjunction with any other business) of supplying persons to act
as nurses or midwives but does not include –
(a) the
business carried on by any district nursing association or other similar
organization, being an association or organization established and existing
wholly or mainly for the purpose of providing patients with the services of a
nurse to visit them in their own homes without taking up residence there; or
(b) any
agency carried on in connection with any hospital maintained or controlled by
the States or any administration thereof, a parochial authority, or such other
authority or body as may be prescribed;
“prescribed” means
prescribed by Order;
“registered medical practitioner”
has the same meaning as in the Medical
Practitioners (Registration) (Jersey) Law 1960.[3]
2 Licensing
of agencies
(1) Subject
to the provisions of this Law no person shall carry on a nursing agency on any
premises unless he or she is the holder of a licence from the Minister
authorizing him or her so to do on those premises.
(2) Subject
to the provisions of this Article, if any person who desires to carry on a
nursing agency makes an application in that behalf to the Minister in the
prescribed form, in the prescribed manner, at the prescribed time and giving
the prescribed information, and pays to the Minister such fee as may be
prescribed, the Minister shall grant him or her a licence accordingly, subject,
however, to such conditions as the Minister may think fit for securing the
proper conduct of the agency, including conditions as to the fees to be charged
by the person carrying on the agency.
(3) Every
licence granted under this Law shall (unless revoked) expire on the 31st of
December in the year next following that in which it is granted, but shall be
renewable annually on application being made in that behalf to the Minister in
the prescribed form at the prescribed time and accompanied by such fee as may
be prescribed.
(4) An
application for a licence or for renewal of a licence may be refused, and any
such licence which has been granted may be revoked on any of the following
grounds –
(a) that
the applicant or, as the case may be, the holder of the licence is an
individual under the age of 20 years or is unsuitable to hold such a
licence;
(b) that
the premises are unsuitable;
(c) that
the agency has been or is being improperly conducted; or
(d) that
an offence against this Law or the Nurses
Agencies Act 1957 of the United Kingdom, or any enactment repealed
by that Act has been committed in connection with the carrying on of the
agency;
(e) that
the holder of a licence has not complied with any condition attached thereto.
(5) The
Minister shall not refuse an application for registration or renewal of
registration under this Law, or cancel any such registration, unless he or she
has given to the applicant or person registered, as the case may be, not less
than 7 days’ notice in writing of its intention to do so and of its
reasons for so doing; and every such notice shall contain an intimation that,
if within 7 days after the receipt of the notice the applicant or person
registered informs the Minister in writing that he or she desires so to do, the
Minister, before refusing the application, or cancelling the registration, will
afford him or her an opportunity of being heard in person or by a
representative, against such refusal or cancellation.
(6) Any
notice required to be given to any person under paragraph (5) may be
given –
(a) by
delivering it to that person;
(b) by leaving
it at his or her proper address;
(c) by
registered post;
(d) by
the recorded delivery service; or
(e) in
the case of a body corporate, by serving it on the secretary or clerk of the
body corporate.
(7) If
the Minister, after giving to the applicant or the registered person an
opportunity of being heard, decides to refuse the application or to cancel the
registration, the Minister shall, if required by the applicant or the
registered person, deliver to him or her, within 7 days of the receipt of
such requirement, particulars in writing of the reasons for such refusal or
cancellation.
(8) Any
person aggrieved by such refusal or cancellation, or by any conditions attached
to his or her registration or renewal of registration, may appeal to the
Inferior Number of the Royal Court, either in term or in vacation, on the
ground that that decision of the Minister was unreasonable having regard to all
the circumstances of the case, and the decision of the Inferior Number of the
Royal Court shall be final and without further appeal, but without prejudice to
the right to refer the matter to the Superior Number of the Royal Court.
(9) Where
any person appeals against the cancellation of a registration or against a
condition attaching to a registration, the cancellation of the registration or,
as the case may be, the condition attached, shall not take effect until the
appeal has been determined.
(10) On the
death of the holder of a licence under this Law, the licence shall ensure for
the benefit of his or her personal representatives where the Minister is
satisfied that the agency is being conducted under the direct supervision of a
registered nurse or registered medical practitioner, and references in this Law
to the holder of such a licence shall be construed accordingly.
3 Conduct
of nursing agencies
(1) A person
carrying on a nursing agency shall, in carrying on that agency, only
supply –
(a) registered
nurses;
(b) enrolled
nurses;
(c) certified
midwives;
(d) such
other classes of persons as may be prescribed.
(2) A person
carrying on a nursing agency shall, at the prescribed time and in the
prescribed manner, give to every person to whom he or she supplies a nurse,
midwife or other person a statement in writing in the prescribed form as to the
qualifications of the person supplied.
(3) No person
shall carry on a nursing agency unless the selection of the person to be
supplied for each particular case is made by or under the supervision of a
registered nurse or a registered medical practitioner.
(4) A person
carrying on a nursing agency shall keep such records in relation thereto as may
be prescribed.
4 Inspection
(1) A
registered nurse or other officer duly authorized in that behalf by the
Minister may at all reasonable times, on the production, if so required, of evidence
of his or her authority –
(a) enter
the premises specified in any licence or application for a licence under this Law
or any premises which are or are to be used, or which that officer has
reasonable cause to believe are or are to be used, for the purposes of or in connection
with a nursing agency; and
(b) inspect
those premises and records kept in connection with any such agency carried on
at those premises.
(2) If
any person refuses to allow any such officer to enter or inspect any such
premises or records as aforesaid, or obstructs any such officer in the
execution of his or her powers under this Article, he or she shall be guilty of
an offence against this Law.
5 Penalties
for offences
(1) Any
person who, in carrying on a nursing agency supplies any person in
contravention of the provisions of Article 3(1), shall be liable to a
fine.[4]
(2) Any
person who acts in contravention of Article 3(3) shall be guilty of an
offence and shall be liable to a fine.[5]
(3) Any
person who carries on a nursing agency otherwise than in accordance with the
conditions of his or her licence shall be liable to a fine of level 3 on the
standard scale.[6]
(4) Any
person who –
(a) makes
or causes to be made or knowingly allows to be made any entry in a record
required to be kept under this Law, which he or she knows to be false in a
material particular, or for purposes connected with this Law produces or
furnishes, or causes or knowingly allows to be produced or furnished any record
or information which he or she knows to be false in a material particular; or
(b) for
the purpose of obtaining a licence under this Law makes any statement which he
or she knows to be false in a material particular,
shall be liable to imprisonment for a term of 3 months and to a
fine.[7]
(5) Any
person who commits an offence against this Law for which no special penalty is
provided shall be liable to a fine of level 2 on the standard scale.[8]
(6) Where
the person carrying on a nursing agency is convicted under this Law of an
offence in connection with the carrying on of that agency on any premises, the
Court may, in lieu of or in addition to imposing any other penalty, order the
revocation of any licence issued under this Law.
(7) Where
any offence against this Law by a body corporate is proved to have been
committed with the consent or connivance of any director, manager, secretary or
other officer of the body corporate, 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.
6 Orders
(1) The
Minister may make Orders for prescribing anything which under this Law is to be
prescribed.
(2) The
Subordinate Legislation (Jersey)
Law 1960[9] shall apply to Orders made
under this Law.
7 Citation
This Law may be cited as the Nursing Agencies (Jersey) Law 1978.