Covid-19
(Screening, Assessment and Isolation) (Jersey) Regulations 2020
PART 1
Interpretation
and Preliminary provisions
1 Interpretation
(1) In
these Regulations –
“area” includes a country
or territory;
“assessment” means, in
relation to a person, assessment of the measures that it would be appropriate
to take in relation to the person (under these Regulations or otherwise) to
mitigate the risk that the person might infect or contaminate others with
Covid-19;
“authorised officer” has
the meaning given by Regulation 2;
“enforcement officer”
means –
(a) a police officer;
(b) a prison officer within
the meaning of the Prison
(Jersey) Law 1957;
(c) an officer within the
meaning of the Customs
and Excise (Jersey) Law 1999; or
(d) an officer appointed
under paragraph 1 of Part 1 of Schedule 2 to the Immigration Act 1971
as extended to Jersey by the Immigration (Jersey) Order 1993;
“health officer”
means –
(a) a person appointed under
Article 10 of the Public Health Law, other than the Medical Officer of
Health; or
(b) a doctor acting under the
direction of the Medical Officer of Health;
“infected area” means an
area declared under Regulation 3;
“Jersey” includes the
territorial sea adjacent to Jersey;
“Medical Officer of
Health” means a person appointed as such under Article 10 of the Public
Health Law;
“Minister”
means the Minister for Health and Social Services;
“potentially infectious
person” has the meaning given by paragraph (2);
“Public Health Law” means
the Loi (1934) sur la
Santé Publique;
“publish” is to be read in
accordance with paragraphs (4) and (5);
“screening” means, in
relation to a person –
(a) assessing the extent to
which the person has been exposed to Covid-19;
(b) determining whether the
person is infected or contaminated with Covid-19; or
(c) assessing the person’s
symptoms and state of health.
(2) In
these Regulations a person is “potentially infectious” at a particular time
if –
(a) the person is, or may be,
infected or contaminated with Covid-19, and there is a risk that the person
might infect or contaminate others with Covid-19; or
(b) the person has been in an
infected area within the 14 days preceding that time.
(3) Nothing
in these Regulations is to be read as derogating from any provision of the Public
Health Law.
(4) A
power to impose a requirement, or to publish a notice or advice, is to be read
as including a power, in the like manner, to vary or revoke the requirement,
notice or advice.
(5) In
these Regulations a reference to publishing a notice or advice is to –
(a) publishing it online; and
(b) as soon as practicable
after online publication, publishing it by at least one other means appearing
likely, to the person publishing it, to bring it to the attention of those
unlikely to see it online.
(6) Nothing
in these Regulations is to be read as meaning that a place is not suitable for screening
or assessment merely by virtue of being a person’s home.
(7) A
reference in these Regulations to informing a person of an offence under a
provision is to be read as a reference to informing the person in general terms
and not as requiring mention of the particular provision concerned.
2 Authorisation of officers
(1) The
Medical Officer of Health is an authorised officer for the purpose of these
Regulations.
(2) A
health officer is an authorised officer for the purpose of these Regulations.
(3) An
enforcement officer is an authorised officer for the purpose of these
Regulations.
(4) The
Minister may, by Order, provide that any other person, or any other description
of persons, is to be treated as an authorised officer for the purpose of these
Regulations.
(5) The
Minister may, by published notice, declare that any description of authorised
officer is not to be so treated.
3 Infected area
(1) The
Minister may, by Order, declare an area to be an infected area, if the Minister
is satisfied that there is a risk that persons arriving in Jersey, after travelling
from or through that area, may be infected or contaminated with Covid-19.
(2) The
area is to be treated as infected –
(a) from the date of the
commencement of the Order; or
(b) if another date is
specified in the Order (regardless of whether that date is before or after the
date of its commencement), from that specified date.
(3) From
the commencement of these Regulations until the commencement of the first
Order, every area outside Jersey is to be treated as being an infected area and
to have been such an area since 20th March 2020.
(4) Nothing
in paragraph (3) makes any act or omission an offence if it was done or
omitted before the commencement of these Regulations.
PART 2
Self-Isolation
and Order to prohibit going to or remaining in public places
4 Self-isolation, without individual direction or removal[2]
5 Power by Order to prohibit
going to or remaining in public places
(1) This Regulation applies if the Minister,
after consulting the Medical Officer of Health, is
satisfied that the risk to public health caused by Covid-19 has reached a level
at which it is proportionate and necessary to make the Order described in
paragraph (2) to give effect to paragraphs (5) to (7).
(2) The Minister may, by Order, declare the start of a period of restricted movement and
the end of that period, being no later than 14 days after the start.
(2A) Before making an Order under
paragraph (2) at a time when no Order under that paragraph is in force,
the Minister must consult the Council of Ministers.[3]
(3) Despite Article 17 of the Interpretation (Jersey) Law 1954, the provision declaring
the end of the period may not be amended other than –
(a) to declare an earlier
end; or
(b) to declare a later end,
being no later than 14 days after the commencement of each Order making
such an amendment.
(4) The Order –
(a) must provide for exceptions from the requirement of paragraph (5) for
specified descriptions of person;
(aa) may provide a
non-exhaustive list of reasonable excuses; and
(b) may specify places that
are, or are not, to be treated as public places.[4]
(5) A person must not,
unless an exception applies, without reasonable excuse go into or remain in a
public place during a period of restricted movement.[5]
(6) A person who contravenes paragraph (5)
commits an offence and is liable to a fine of level 2 on the standard
scale.[6]
(7) A police officer who reasonably believes
that a person is contravening paragraph (5) may, regardless of whether the
person is to be prosecuted for an offence under paragraph (6) –
(a) remove the person to a
place that the police officer reasonably believes is the usual residence
of the person, or to any other place appearing suitable to the police officer;
or
(b) exercise any power under
Part 3 in relation to the person that may be exercised by an enforcement
officer in relation to a person who the officer has reasonable grounds to
suspect is potentially infectious.
PART 3
Powers
in relation to persons suspected to be potentially infectious
6 Powers to direct or remove persons to a place suitable for screening
or assessment[7]
7 Powers exercisable at a screening or assessment place[8]
8 Powers exercisable
after screening or assessment[9]
9 Ancillary powers[10]
PART 4
Miscellaneous and Final provisions
10 Children[11]
11 Right to review by
Minister[12]
12 Formalities, guidance and
advice
(1) A requirement, direction, instruction, or
restriction under these Regulations may be given or imposed orally or in writing.
(2) [13]
(3) A person exercising a power under these Regulations
must have regard to –
(a) any relevant guidance
issued, before or after the commencement of these Regulations, by the Minister or by the Medical Officer of Health; and
(b) any advice given by a
health officer in relation to a particular case.
13 Offences of obstruction, absconding and misinformation[14]
14 Review of operation of Regulations by Minister
(1) The
Minister must keep the operation of these Regulations under review.
(2) If
the Minister considers that the threat from Covid-19 is no longer sufficient to
justify the use of any or all of the powers conferred by these Regulations, the
Minister must do one or more of the following –
(a) instruct a description of
authorised officers to cease or limit their exercise of any
or all of the powers conferred by these Regulations;
(b) publish a notice under
Regulation 2(5) declaring that a description of authorised officers are
not to be treated as such;
(c) make an Order under
Regulation 15(4) suspending the effect of all or part of these Regulations.
15 Citation, duration and suspension
(1) These
Regulations may be cited as the Covid-19 (Screening, Assessment and Isolation)
(Jersey) Regulations 2020.
(2) These
Regulations come into force on the day after they are
made.
(3) These Regulations expire at the end of 30th September 2022.[15]
(4) The
Minister may, by Order, suspend the effect of all or
part of these Regulations –
(a) permanently, until the
Regulations expire;
(b) indefinitely, until the
Order is revoked;
(c) for a period specified in
the Order; or
(d) for a period to be
determined in any manner specified in the Order, which may include reference to
a determination by a person or body outside Jersey or to an event outside
Jersey.
(5) Nothing
in an Order under paragraph (4) is to be treated as derogating from
paragraph (3).
(6) Despite
Article 17 of the Interpretation
(Jersey) Law 1954, when these Regulations expire, or if their effect
is suspended by an Order under paragraph (4), any requirement or
restriction imposed under these Regulations ceases to have effect in respect of
times after the expiry or after the start of the suspension.