Covid-19
(Gathering Control) (Jersey) Order 2020
1 Interpretation
In this Order –
“construction site” has
the same meaning as in the Health and Safety
(Management in Construction) (Jersey) Regulations 2016;
“home” means a residential
unit, within the meaning of the Residential Tenancy
(Jersey) Law 2011, in which a person resides, and includes any associated
garden, yard or other outdoor space to which the public do not have access
without permission;
“open air”, in relation to
a gathering, includes any part of a structure, whether or not with a roof, that
is closed on no more than one side;
“workplace” has the same
meaning as in Regulation 1(1) of the Covid‑19 (Workplace
Restrictions) Regulations 2020.
2 Declaration of start and end of gathering control period[1]
The period during which
the gathering control requirements in this Order apply –
(a) starts on 12th December
2020; and
(b) ends at the end of 28th
February 2021.
3 Gatherings in people’s
homes
(1) A person must not take part in a gathering
of more than 10 people in a home that is not that person’s home.
(2) Paragraph (1) does not apply to a gathering
if –
(a) one or more of the people
gathering is a child aged under 3 years of age; and
(b) there are no more than 10 people
of 3 years of age or older who take part in the gathering.
4 Gatherings in the open air
(1) A person must not take part in a gathering
in the open air of more than 10 people.[2]
(2) Paragraph (1) does not apply to a gathering
in –
(a) a garden, yard or other
outdoor space that forms part of a home; or
(b) a workplace or a construction
site.
5 Gatherings in certain workplaces
(1) A person to whom paragraph (2) applies
must not take part in a gathering in a workplace or construction site of more
than 10 people.
(2) This paragraph applies to a visitor to the workplace
or construction site except in the case of –
(a) retail premises, being a
building in which goods are sold or rented to visitors, or offered for sale or
rent to visitors;
(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 workplace that
is –
(i) a public service vehicle, within the
meaning of the Motor Traffic (Jersey) Law 1935,
(ii) a plane or a ferry,
(iii) a bus station, or
(iv) a building used for port
operations, within the meaning of the Air and Sea Ports (Incorporation) (Jersey)
Law 2015, relating to passengers, other than a building in which the visitor
remains inside a vehicle;
(d) residential accommodation
provided as part of a care home service, within the meaning of paragraph 1
of Schedule 1 to the Regulation of Care (Jersey) Law 2014, to adults only;
(e) premises provided as part
of an adult day care service within the meaning of paragraph 3 of Schedule 1
to the Regulation of Care (Jersey)
Law 2014;
(f) food and drink premises
(within the meaning of the Covid‑19 (Workplace Restrictions) (Jersey)
Order 2020);
(g) a court or tribunal;
(h) a parish hall, or other
building, where the visit is for the purpose of attending a Parish Assembly, or
a nomination meeting under Article 19 of the Public Elections (Jersey) Law 2002; or
(i) a workplace where the
visit is for the purpose of giving or receiving medical treatment.[3]
(3) In this Article “visitor” means a person who –
(a) does not live in the
workplace or construction site; and
(b) does not use the
workplace or construction site as the person’s usual place of work (other than
the person’s home).
6 Gatherings in other locations
A person must not take part in a gathering of more than 10 people
anywhere other than in a home, in the open air or in a workplace or
construction site.
7 Exception: gatherings
of 40 allowed for certain purposes[4]
(1) Despite any other gathering control
requirement in this Order, a person may take part in a controlled gathering of
no more than 40 people if the gathering –
(a) is for the celebration of
a marriage or civil partnership;
(b) is for a funeral; or
(c) is part of a service of
religious worship.[5]
(2) For clarity, paragraph (1) applies
only to a ceremony of the type mentioned in that paragraph and not to any
gathering before or after the ceremony, including any reception, wake or other
event commonly associated with that ceremony.[6]
(3) [7]
(4) In this Article –
“controlled gathering” means a gathering at which a responsible
person has taken all reasonable steps to assist in controlling the spread of
Covid‑19;
“responsible person” means –
(a) a person responsible for
organising the gathering; or
(b) an operator or occupier
(within the meaning of Regulation 1(1) of the Covid-19 (Workplace Restrictions)
(Jersey) Regulations 2020) of the location where the gathering takes place.
(5) In assessing whether a responsible person has
taken all reasonable steps, for the purpose of the definition “controlled
gathering”, any guidance must be taken into account if it is guidance published
by the Medical Officer of Health as to factors that increase the risk of spread
of Covid‑19 in gatherings.
8 Exception: certain gatherings
involving young people[8]
(1) No gathering control requirement in this
Order applies in the case of –
(a) a gathering for the
purposes of –
(i) education or before or after school
activity provided by a school, or
(ii) registered day care of
children,
including for the purposes of travel in connection with that
education, activity or registered day care;
(b) a controlled gathering
organised by the Jersey Youth Service administered by the Department of
Children, Young People, Education and Skills, including for the purposes of
travel in connection with that gathering;
(c) a
controlled gathering of a children’s activity group if –
(i) the group was established before 12th
December 2020,
(ii) the gathering does not take
place at a person’s home,
(iii) every person
participating in the gathering is a child, a carer of a participating child, or
another person who is an activity organiser for the gathering, and
(iv) the number of people
participating in the gathering, other than the activity organisers, does not
exceed 10; or
(d) a controlled gathering in
the open air to enable children to take part in any sport or exercise if the
total number of people participating in, watching, supporting or facilitating
the gathering does not exceed 35.[9]
(2) In this Article –
“activity organiser” means a member of a children’s activity group
who is present at a gathering of that group and organises activities for the
children at that gathering (whether or not that person is also the responsible
person, as defined in Article 7, for the gathering);
“carer” means a parent of a child or another person having custody
or charge of a child for the time being;
“children’s activity group” means a group of people who gather 2 or
more children to engage those children in activities organised by a member or
members of the group present at the gathering, at least one of whom is an
adult, other than by way of a gathering described in paragraph (1)(a) or
(b);
“controlled gathering” has the meaning given
by Article 7;
“registered day care” means looking after children as a day carer
registered under the Day Care of Children (Jersey)
Law 2002 or in day care accommodation registered under that Law, but a
gathering is not disqualified from being for the purposes of registered day
care of children merely because some (but not all) of those children are
aged 12 or older.
9 Citation and commencement
This Order may be cited
as the Covid-19 (Gathering Control) (Jersey) Order 2020 and comes into force on
the day after it is made.