Regulation
of Care (Transitional Provisions) (Jersey) Regulations 2022
1 Interpretation
(1) In
these Regulations –
“Amendment of Law
Regulations” means the Regulation of Care (Regulated Activities) (Amendment of
Law) (Jersey) Regulations 2022;
“as amended” means as
amended by the Amendment of Law Regulations;
“care home service” is
construed in accordance with paragraph 4 of Schedule 1 to the Law, as
amended;
“children and family
community nursing service” is construed in accordance with paragraph 15 of
Schedule 1 to the Law, as amended;
“children’s home service”
is construed in accordance with paragraph 7 of Schedule 1 to the Law,
as amended;
“commencement date” means
the date on which the Amendment of Law Regulations
come into force;
“finally determined”
means, in relation to an application for registration under Article 4 of
the Law, that the Commission has made a decision on the application and either
the time for appealing that decision under Article 44 of the Law has
expired without an appeal having been made, or, if an appeal was made, that
appeal has been concluded;
“home care service” is
construed in accordance with paragraph 5 of Schedule 1 to the Law, as
amended;
“Law” means the Regulation of Care
(Jersey) Law 2014.
(2) Except
as defined in paragraph (1), words and phrases used in these Regulations
which also occur in Schedule 1 to the Law, as amended, have the same
meaning for the purposes of these Regulations as given in that Schedule.
2 Care home service
(1) Any
registered provider of a care home service that immediately before the
commencement date, provided a care home service only in respect of children, is
treated on the commencement date as being registered as a provider of a children’s
home service.
(2) Any
individual who, immediately before the commencement date, was registered as a
manager of a care home service referred to in paragraph (1), and who upon
the commencement date continues to act as a manager, is treated on the
commencement date as being registered as a manager of a children’s home service.
(3) Not
later than 3 months after the commencement date, the Commission must –
(a) in accordance with
Article 8(2)(d) of the Law, enter in the register the new regulated activity that, from the commencement
date, is regulated in respect of a registered provider to whom paragraph (1)
applies and, if applicable, a manager to whom paragraph (2) applies;
(b) inform, in writing, the
registered provider and, if applicable, the registered manager that the entry
referred to in sub-paragraph (a) has been made; and
(c) in accordance with
Article 8(6) of the Law, issue a fresh certificate.
(4) Despite
Article 41 of the Law, the Commission may not charge a fee for performing the
requirements listed in paragraph (3).
(5) In
this Regulation “new regulated activity” means the provision of a children’s
home service.
3 Home care service
(1) This
Regulation applies to a person who, immediately before the commencement date, is
a registered provider of a home care service and from the commencement date also
provides a children and family community nursing service.
(2) A
person to whom this Regulation applies –
(a) is not liable to be
convicted of an offence under Article 3 of the Law for a period of
6 months following the commencement date, if the person has, within that
6-month period, applied in accordance with Article 4 of the Law –
(i) to be registered as
a provider of a children and family community nursing service, and
(ii) where applicable, for
the registration of an individual as the manager in relation to that service; and
(b) the 6-month period has
expired before the application mentioned in sub-paragraph (a) is finally
determined.
(3) For
the avoidance of doubt, nothing in this Regulation affects the registration in
respect of the provision of a home care service by a person to whom this
Regulation applies.
(4) Despite
Article 41 of the Law, the Commission may not charge a fee in respect of
an application for registration by, or for the issue of a certificate to, a person
to whom this Regulation applies.
4 Persons undertaking new
regulated activities
(1) This
Regulation applies to a person who –
(a) is
not a person to whom Regulation 2 or 3 applies; and
(b) on or after the
commencement date, is carrying on or managing a new regulated activity.
(2) A
person to whom this Regulation applies –
(a) is not liable to be convicted of an
offence under Article 3 of the Law for a period of 6 months following
the commencement date, if the person has, within that 6-month period, applied in
accordance with Article 4 of the Law –
(i) to be registered as a provider of a new
regulated activity, and
(ii) where applicable, for
the registration of an individual as the manager in relation to that new
regulated activity; and
(b) the 6-month period has expired before the application mentioned
in sub-paragraph (a) is finally determined.
(3) In
this Regulation “new regulated activity” means the provision of a regulated
activity under Part 3 (provision of health or
social care services for, or in respect of, children and young people) of Schedule
1 to the Law, as amended.
5 Citation and commencement
These Regulations may be
cited as the Regulation of Care (Transitional Provisions) (Jersey) Regulations
2022 and come into force immediately after the commencement of the Amendment of
Law Regulations.