Covid-19 (Workplace Restrictions) (Jersey) Order 2020

Unofficial Consolidated Version

20.055.91

Showing the law as at 21 January 2021

 

Covid-19 (Workplace Restrictions) (Jersey) Order 2020

Article

A1              Interpretation. 5

1                 Declaration of start and end of restriction period. 6

2                 Closure of certain workplaces. 6

3                 Specified workplaces open to the public for certain purposes 7

4                 Other workplaces permitted to be open. 9

5                 Visitors required to wear masks. 9

5A              Condition of opening: workers wearing masks or visors. 11

5B              Conditions of opening: visitors giving contact tracing data. 12

5C              Condition of opening: distancing in workplaces. 13

5D              Condition of opening: children’s activity group. 13

6                 Citation and commencement. 14

Table of Legislation History. 15

Table of Endnote References. 16

 

Covid-19 (Workplace Restrictions) (Jersey) Order 2020

A1     Interpretation[2]

In this Order –

“food and drink premises” means premises (whether or not licensed premises) that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes the following –

(a)     a restaurant, café or public bar;

(b)     takeaway food and drink premises;

(c)     premises operating with the permission of the Minister for Economic Development, Tourism, Sport and Culture under the Policing of Beaches (Jersey) Regulations 1959[3];

(d)     registered premises operating under a valid registration certificate issued under the Places of Refreshment (Jersey) Law 1967[4];

“indoor area” means an area, room or other premises that is or are substantially enclosed by a roof and walls, regardless of whether the roof or walls or any part of the roof or walls are –

(a)     permanent or temporary; or

(b)     open or closed;

“indoor recreation facility” means a building or other indoor place, other than part of a school, that is used predominantly for recreation, including a squash court, indoor sport court, gymnasium, trampoline centre, bowling alley or any other building or place of a like character used for recreation;

“market” means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent shops or stall holders, and includes existing permanent structures used for that purpose on an intermittent or occasional basis;

“recreation” includes sport and exercise;

“retail premises” means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, but does not include food and drink premises;

“visitor attraction” means a museum, zoo or other visitor attraction to the extent of its indoor areas.

1        Declaration of start and end of restriction period[5]

A restriction period –

(a)     starts on the coming into force of this Order; and

(b)     ends at the end of Sunday 31st January 2021.

2        Closure of certain workplaces[6]

(1)     The following workplaces are prohibited from being open to the public –

(a)     amusement centres;

(b)     art galleries;

(c)     workplaces used for the purpose of auction houses or betting agencies;

(d)     workplaces used for the purposes of –

(i)      spas, nail salons, beauty salons, waxing salons, tanning salons or laser hair removal,

(ii)      non-surgical cosmetic procedures such as Botox injections and facial fillers,

(iii)     tattooing, piercing, acupuncture or massage, or

(iv)     providing haircuts, hair styling or the professional application of make up;

(e)     jacuzzis, plunge pools, steam rooms, saunas, Turkish baths, and the like;

(f)      entertainment facilities;

(g)     swimming and paddling pools;

(h)     soft play centres, including any part of a workplace consisting of a soft play area;

(i)      workplaces used by driving instructors registered under Article 6 of the Road Traffic (Jersey) Law 1956[7] to give instruction as described in Article 5(1) of that Law;

(j)      retail premises that are not permitted shops as defined in Article 3(6).[8]

(2)     In this Article –

“amusement centre” means a building or place used principally for playing billiards or other like games, electronic or mechanical amusement devices such as pinball machines, video or arcade games and the like;

“entertainment facility” means a concert hall, dance hall, theatre, cinema and the like.

(3)     Nothing in paragraph (1) prohibits a workplace from opening for the purpose of a therapeutic service that is provided –

(a)     by a doctor or a registered person; or

(b)     by another person on a referral from a doctor or from a registered person.[9]

(4)     In paragraph (3) “registered person” means a person registered under the Health Care (Registration) (Jersey) Law 1995[10], who is acting in the course of that person’s registrable occupation.[11]

3        Specified workplaces open to the public for certain purposes [12]

(1)     The following workplaces may be open to the public only for the purposes specified in this Article –

(a)     food and drink premises for the purpose of selling food or beverages for people to consume off premises;

(b)     licensed premises to the extent permitted by paragraph (2);

(c)     permitted shops for the purpose of selling the goods and merchandise ordinarily sold by those shops;

(d)     markets for the purpose of enabling food and drink premises and permitted shops to open for the purpose specified in sub-paragraphs (a) and (c) respectively;

(e)     libraries, for the purpose of public access to computers;

(f)      indoor recreation facilities for the purposes of –

(i)      allowing access to outdoor areas,

(ii)      hiring out equipment to persons who intend to participate in recreational activities in outdoor areas,

(iii)     carrying out instructional recreational activities in outdoor areas, and

(iv)     if reasonably necessary, allowing members of the public to transit through indoor areas for a purpose mentioned in clause (i), (ii) or (iii), including ticketing;

(g)     visitor attractions for the purposes of –

(i)      allowing access to outdoor areas, and

(ii)      if reasonably necessary, allowing visitors to transit through indoor areas for the purpose of accessing outdoor areas, including ticketing.

(2)     Workplaces that are licensed premises are prohibited from being open to the public for any purpose other than for selling or supplying food or drink (other than intoxicating liquor) for consumption off the premises except for –

(a)     premises holding only a licence of the sixth category (an Off-Licence);

(b)     premises holding a licence of the first category (a Taverner’s Licence) or a licence of the fourth category (a Comprehensive Licence) for the purposes of selling or supplying intoxicating liquor for consumption off the premises; and

(c)     premises holding a licence of the second category (a Residential Licence) or a licence of the fourth category (a Comprehensive Licence) but only for the purposes of providing sleeping accommodation and food and drink (including intoxicating liquor), to be consumed only in that sleeping accommodation, to people –

(i)      who had accommodation booked at those premises for a period that began before 4th December 2020, but only for the duration of that booking, or

(ii)      by direction of the Minister for the purpose of isolation in order to control the spread of Covid-19.

(3)     For clarity, nothing in paragraph (2) affects any other condition to which a licence is subject.

(4)     This Article does not apply to a workplace to the extent that it is prohibited by Article 2 from being open.

(5)     Nothing in this Article prevents the use of a workplace –

(a)     to provide reasonable access to toilet facilities or to administer appropriate first aid;

(b)     to provide services, free of charge, to assist vulnerable members of the public, such as food banks, blood donations or services providing for the needs of homeless people; or

(c)     to provide sleeping accommodation and food and drink (including intoxicating liquor) to be consumed only in that sleeping accommodation to people –

(i)      who have no other suitable accommodation available to them in Jersey or who, in the Minister’s opinion, need to be accommodated because they are required to be in Jersey for essential work or because it is not practicable for them to leave Jersey, or

(ii)      who are accessing a public service (including emergency accommodation) whether provided by a Minister, a public sector organisation, a private provider or a non-profit organisation.

(6)     In this Article –

“outdoor area” means an area that is not an indoor area;

“permitted shop” means any of the following types of retail premises –

(a)     dry cleaning premises, being premises used for providing dry cleaning services to members of the public;

(b)     garden centres, being premises the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment;

(c)     hardware and building supply shops, being premises the principal purpose of which is the sale or hire of goods and materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas;

(d)     newsagents, being premises the principal purpose of which is the retail sale of newspapers and magazines;

(e)     pharmacies and chemists;

(f)      post offices;

(g)     service or fuel stations (including heating fuel retailers), being premises used for the retail sale of fuels and lubricants for motor vehicles, whether or not the premises is also used for the ancillary retail sale of spare parts and accessories or general merchandise, or the cleaning of motor vehicles;

(h)     specialist bicycle sale and repair shops, being premises used for the sale, hire and repair of bicycles and the like;

(i)      specialist mobile phone retailers, being premises used for the retail sale of mobile phones and mobile phone accessories;

(j)      specialist office supply shops, being premises used for the retail sale of office supplies such as stationery, printers, computers and other office accessories;

(k)     specialist pet shops, being premises used for the retail sale of pet supplies;

(l)      supermarkets and corner shops, being premises the principal purpose of which is the sale of essential groceries and foodstuffs to provide for the day-to-day needs of members of the public, and may include ancillary services such as a post office or dry cleaning;

(m)    vehicle repair premises, being premises used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles, boats, agricultural machinery and the like;

(n)     vehicle sales or hire premises, being premises used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed on the premises;

(o)     haberdasheries, being premises the principal purpose of which is the retail sale of material or fabric, buttons and other items used for sewing;

(p)     electrical goods retailers, being premises used for the purpose of selling electronic goods, equipment and accessories.

(7)     Words and phrases used in this Article that are defined in the Licensing (Jersey) Law 1974[13] have the same respective meanings as they have in that Law.

4        Other workplaces permitted to be open

Any workplace that is not prohibited from being open under any other provision of this Order may be open.

5        Visitors required to wear masks[14]

(1)     A visitor aged 12 or older must wear a mask covering the visitor’s mouth and nose while in a workplace to which this Article applies, unless an exemption in paragraph (5) applies.

(2)     In this Article “visitor” means a person who does not live in the workplace and is in the workplace for a purpose other than carrying out work.

(3)     This Article applies to the following workplaces that are permitted to be open under any other provision of this Order –

(a)     retail premises;

(b)     a bank that is open to the public, and not solely to those who have or intend to open an account with that bank;

(c)     a public transport vehicle or premises, being a workplace that is –

(i)      a public service vehicle, within the meaning of the Motor Traffic (Jersey) Law 1935[15],

(ii)      a bus station, or

(iii)     a building used for port operations, within the meaning of the Air and Sea Ports (Incorporation) (Jersey) Law 2015[16], relating to passengers, other than a building in which the visitor remains inside a vehicle;

(d)     an adult residential care home, being a building in which a care home service, within the meaning of the Regulation of Care (Jersey) Law 2014[17], is provided to people living in the building, if none of those people is a child;

(e)     close contact premises, as defined in paragraph (4);

(f)      food and drink premises;

(g)     markets;

(h)     libraries;

(i)      indoor recreation facilities;

(j)      visitor attractions.[18]

(4)     A workplace is close contact premises if –

(a)     it is a building that is neither a school nor day care accommodation within the meaning of the Day Care of Children (Jersey) Law 2002[19];

(b)     the visitor receives a service in the building from another individual working in the presence of the visitor; and

(c)     the service –

(i)      is provided by the individual as a doctor, nurse, hairdresser or tattooist, or

(ii)      otherwise involves, or is of a nature that normally involves, touching the visitor or spending more than 15 minutes closer than 2 metres to the visitor.

(5)     An exemption applies if the visitor –

(a)     has a physical or mental disability or illness that renders the visitor unable to put on a mask, or unable to take a mask off;

(b)     has a respiratory or other physical condition, other than symptoms of Covid-19, that would involve a significant risk of harm to any person if the visitor wore a mask;

(c)     has a psychological condition, or other fear or distress, that would involve a significant risk of harm to any person if the visitor wore a mask;

(d)     is a carer of another visitor, if –

(i)      the other visitor has a psychological condition that would involve a significant risk of harm to any person if the carer wore a mask, or

(ii)      the carer is communicating with the visitor who needs to see the carer’s mouth or full face, whether for lipreading or other reasons;

(e)     is receiving a service, such as dentistry or diagnosis, that has to be delivered by touching or inspecting the visitor’s mouth or nose; or

(f)      is receiving a service that briefly requires the person providing the service to see the visitor’s face for identification or similar purposes.

(6)     However, an exemption under paragraph (5)(a) to (d)(i) applies only if –

(a)     the visitor wears a visor, within the meaning of Article 5A(1)(b), instead of a mask; or

(b)     a factor described in paragraph (5)(a), (c) or (d)(i) would apply in relation to a visor worn instead of a mask.

5A     Condition of opening: workers wearing masks or visors[20]

(1)     A workplace to which this Article applies, that is permitted to be open under any other provision of this Order, may remain open only on the condition that the occupier or operator of that workplace requires every person (a “worker”) working at the workplace in the presence of a visitor to wear –

(a)     a mask covering the worker’s mouth and nose; or

(b)     a visor, being a see-through barrier, impervious to air, that is worn on the head and screens the worker’s whole face without covering the mouth and nose.

(2)     This Article applies to a workplace that is any one or more of the following –

(a)     retail premises;

(b)     food and drink premises;

(c)     close contact premises;

(d)     a public service vehicle;

(e)     markets;

(f)      libraries;

(g)     indoor recreation facilities;

(h)     visitor attractions.[21]

(3)     The driver of a public service vehicle need not be required to wear a mask or visor when doing so would make driving unsafe.

(4)     The worker need not be required to wear a mask or visor when –

(a)     interacting with a visitor who has a psychological condition that would involve a significant risk of harm to any person if the worker wore a mask; or

(b)     communicating with a visitor who needs to see the worker’s mouth or full face, whether for lipreading or other reasons.

(5)     In this Article expressions used in Article 5 have the same meaning as in that Article.

5B     Conditions of opening: visitors giving contact tracing data[22]

(1)     A workplace to which this Article applies, that is permitted to be open under any other provision of this Order, may remain open only on the condition that –

(a)     the occupier or operator of that workplace requires every visitor aged 12 or older to provide relevant personal data in accordance with this Article on arrival or as soon as practicable after arrival; and

(b)     the other requirements of this Article are complied with in relation to the data.

(2)     This Article applies to a workplace at which a person works in the presence of the visitor, if the workplace is –

(a)     food and drink premises, unless the food or drink is for the visitor’s consumption off the premises only; or

(b)     close contact premises.

(3)     A person required to provide relevant personal data must be given access to information explaining the reason for the requirement.

(4)     The data may be provided either –

(a)     manually to a person working at the workplace in a form enabling the data to be retained on behalf of the occupier or operator of that workplace; or

(b)     via an electronic application, to be retained by the occupier or operator, by a third party, or by both.

(5)     If the data is provided manually –

(a)     the visitor must give –

(i)      his or her full name, and

(ii)      his or her mobile phone number or, if none, his or her landline phone number; and

(b)     the person to whom it is provided must record –

(i)      the data given by the visitor,

(ii)      the date and time at which the visitor gave the data, and

(iii)     if the visitor is seated in a zoned area, which zone the visitor is seated in.

(6)     If the data is provided via an electronic application, the application must record –

(a)     the visitor’s full name;

(b)     the visitor’s mobile phone number or, if none, his or her landline phone number; and

(c)     the date and time at which the visitor gave the data.

(7)     The data provided under this Article –

(a)     may be used only for the purpose of assisting in supressing the spread of Covid-19 by tracing anyone who may be at risk of contracting it through contact with an infected individual;

(b)     must be stored so that it can be accessed only for that purpose;

(c)     must be passed to the Minister when so requested; and

(d)     must be retained for 21 days and then destroyed.

(8)     Nothing in this Article limits any obligation under the Data Protection (Jersey) Law 2018[23] in relation to the processing of data or to the giving of information to a person who is required to provide data.

(9)     In this Article “close contact premises” and “visitor” have the meanings given by Article 5.[24]

5C      Condition of opening: distancing in workplaces[25]

(1)     A workplace to which this Article applies that is permitted to be open under any other provision of this Order may remain open only on the condition that the occupier or operator of that workplace requires any person on the premises, so far as practicable, to maintain a distance of at least 2 metres from any other person on the premises who is not a member of the same household.[26]

(2)     This Article applies to the following workplaces –

(a)     retail premises;

(b)     a bank that is open to the public, and not solely to those who have or intend to open an account with that bank;

(c)     food and drink premises;

(d)     markets;

(e)     libraries;

(f)      indoor recreation facilities;

(g)     visitor attractions.[27]

(3)     The requirement in paragraph (1) does not apply if both the persons mentioned there are working at the workplace but in this case, and in any case where it is not practicable for people to maintain a distance of at least 2 metres from each other, the occupier or operator of that workplace must take such alternative steps as are reasonable to assist in controlling the spread of Covid-19 (whether by deploying visors, screens or any other measure).

5D     Condition of opening: children’s activity group

(1)     This Article applies to a workplace while –

(a)     it is used for the purpose of a gathering of a children’s activity group as defined in the Covid-19 (Gathering Control) (Jersey) Order 2020[28]; and

(b)     it is permitted to be open under any other provision of this Order.

(2)     The workplace may remain open only on the condition that the occupier or operator of that workplace ensures that the gathering does not breach a gathering control requirement imposed by the Covid‑19 (Gathering Control) (Jersey) Order 2020.[29]

6        Citation and commencement

This Order may be cited as the Covid-19 (Workplace Restrictions) (Jersey) Order 2020 and comes into force on the day after it is made.

Endnotes

Table of Legislation History

◦Projets available at statesassembly.gov.je

Table of Endnote References