Covid-19
(Workplace Restrictions) (Jersey) Order 2020
A1 Interpretation[1]
(1) In
this Order –
“accommodation premises”
means premises registered under Article 2 of the Tourism
(General Provisions) (Jersey) Order 1990 and any club that provides accommodation for its members, whether
or not including their guests;
“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 the auditorium of a concert hall, dance hall, theatre, cinema and the
like;
“food and drink premises”
means premises (whether or not licensed premises), or a place, used for the
preparation and retail sale of food or drink (or both) for immediate
consumption on or off the premises, or at or away from the place, 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;
(d) registered premises operating
under a valid registration certificate issued under the Places of
Refreshment (Jersey) Law 1967;
“indoor area” means an area,
room or other structure (including a marquee or stadium) that has a roof and is
closed by more than half the surface area extending upwards from its perimeter
to the height of the roof;
“indoor physical activity
facility” means a building or other indoor area that is used, whether
predominantly or occasionally, for sport, dance or exercise, including a squash
court, indoor sport court, gymnasium, trampoline centre, bowling alley,
climbing wall, dance or yoga studio or any other building or area of a like
character used for those physical activities;
“indoor play area” includes
any part of a workplace used for soft play, play that involves the use of play
equipment such as climbing frames, swings, ropes, slides or a ball pit or
dressing up;
“market” means an open-air
area or structure used for selling, exposing or offering merchandise for sale
by various shops or stall holders, and includes a permanent structure used for
that purpose on an intermittent or occasional basis;
“retail premises” means a
building or place used for selling, exposing or offering merchandise for sale
or hire but does not include food and drink premises;
“ritual gathering” means a
gathering –
(a) for the celebration of a
marriage or civil partnership;
(b) for a funeral; or
(c) that is part of a service
of religious worship,
but not a reception, wake or
other event separate from but commonly associated with the gathering;
“visitor
attraction” means a museum, zoo or other visitor attraction to the extent of
its indoor areas.[2]
(2) In
this Order a reference to a workplace being prohibited
from being open to the public, or open to the public only for specified
purposes, does not permit the workplace to be open only to a section of the
public (such as a club with a defined membership).[3]
(3) In
relation to food and drink premises, a reference to retail sale of food or
drink or both includes any situation in which food or
drink or both are supplied in return for payment to enter to the premises or
place or in
which payment is made in return for a ticket or other token entitling the
holder to food or drink (or both).[4]
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 Tuesday
31st August 2021.
2 [6]
3 Specified workplaces
open to the public for certain purposes or subject to specified conditions[7]
(1) The following workplaces may be open to the
public only for the purposes or conditions specified in this Article –
(a) food and drink premises
that are part of wider premises that include an
auditorium or a stadium, for the purpose of selling to customers –
(i) food or drink to consume outside the wider
premises,
(ii) food or drink to consume
whilst seated at a table on those premises or elsewhere within the wider
premises, or
(iii) food or drink, other than
intoxicating liquor, to consume in the auditorium or stadium;
(aa) other food and drink
premises, for the purpose of selling food or drink for customers to
consume –
(i) off the premises, or
(ii) on the premises whilst
seating at a table;
(b) designated nightclubs
(whether or not part of accommodation premises), for the purpose of operating
as food and drink premises;
(c)
(d)
(e)
(f)
(g) [8]
(1A) [9]
(2) [10]
(2A) [11]
(3) For
clarity, nothing in this Article affects any other condition to which a licence
is subject.[12]
(4) [13]
(5) [14]
(6) [15]
(7) Words
and phrases used in this Article that are defined in the Licensing
(Jersey) Law 1974 have the same respective
meanings as they have in that Law.
4 General provisions on
opening and closing of workplaces[16]
(1) No workplace may be open to the public
unless the occupier or operator of the workplace has taken all reasonable steps
to assist in controlling the spread of Covid‑19, including taking account
of any relevant guidance.
(2) 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[17]
(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 to the extent specified –
(a) indoor areas of retail
premises;
(b) banks open to the public,
and not solely to persons who have or intend to open an account with that bank;
(c) public transport vehicles
or premises, being workplaces that are –
(i) public service vehicles, within the
meaning of the Motor
Traffic (Jersey) Law 1935,
(ii) bus stations, or
(iii) buildings 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) close contact premises,
as defined in paragraph (4);
(e) indoor areas of food and
drink premises where the visitor is –
(i) purchasing food or drink to be consumed
off the premises or waiting to do so, or
(ii) at the premises for the
purposes of consuming food or drink, except while sitting at the table, or in
the seat of an auditorium or stadium, at which the food or drink is to be consumed;
(f) indoor areas of
accommodation premises, in addition to the extent that masks are required by
sub-paragraph (e), except while the visitor is in the private quarters in
which the visitor intends to stay overnight;
(g) indoor areas of markets;
(h) libraries;
(i) indoor physical activity
facilities except while in a part of the facility
currently being used for sport, dance or exercise;
(j) changing facilities,
except while actually changing;
(k) indoor play areas;
(l) visitor attractions;
(m) indoor areas of auction
houses;
(n) betting agencies;
(o) workplaces used by
driving instructors registered under Article 6 of the Road
Traffic (Jersey) Law 1956 to give
instruction as described in Article 5(1) of that Law except where doing so
would make driving unsafe;
(p) indoor areas of amusement
centres;
(q) workplaces in indoor
areas used for ritual gatherings if more than 50 people are participating
in the gathering;
(r) indoor areas of
entertainment facilities;
(s) community halls
(including parish halls), function rooms or the like, but only where people are
gathering for the purpose of attending an event such as a performance,
rehearsal, meeting, party, exhibition, evening class or other group activity.[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;
(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[19]
(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 workplaces that are any one or more of the following to the
extent specified –
(a) retail premises;
(b) food and drink premises;
(c) accommodation premises;
(d) close contact premises;
(e) public transport vehicles
or premises;
(f) indoor areas of markets;
(g) libraries;
(h) indoor physical activity
facilities except while in a part of the facility currently being used for
sport, dance or exercise;
(i) changing facilities;
(j) indoor play areas;
(k) visitor attractions;
(l) indoor areas in auction
houses;
(m) workplaces used by driving
instructors registered under Article 6 of the Road
Traffic (Jersey) Law 1956 to give
instruction as described in Article 5(1) of that Law;
(n) indoor areas of amusement
centres;
(o) workplaces in indoor
areas used for ritual gatherings if more than 50 people are participating
in the gathering;
(p) indoor areas of
entertainment facilities;
(q) community halls
(including parish halls), function rooms or the like, but only where people are
gathering for the purpose of attending an event such as a performance,
rehearsal, meeting, party, exhibition, evening class or other group activity.[20]
(2A) In
the case of retail premises, food and drink premises or accommodation premises,
the requirement in paragraph (1) applies additionally while the worker is
in the presence of a person working as part of a different workforce to the
worker.[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.[22]
(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[23]
(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;
(aa) accommodation premises;
(b) close contact premises; or
(c) used by driving instructors registered under Article 6 of
the Road
Traffic (Jersey) Law 1956 to give
instruction as described in Article 5(1) of that Law;
(d) indoor physical activity
facilities;
(e) indoor play areas;
(f) amusement centres;
(g) a workplace in an indoor
area used for a ritual gathering;
(h) entertainment facilities;
(i) a community hall
(including a parish hall), function room or the like, but only where people are
gathering for the purpose of attending an event such as a performance, rehearsal,
meeting, party, exhibition, evening class or other group activity.[24]
(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 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.[25]
5C [26]
5D Exception for certain
gatherings of children in workplaces[27]
(1) The requirements of Article 5B do not
apply in respect of children participating in –
(a) a gathering of up to 10
children (not counting children under the age of 5 and adults organising the
gathering) for the purpose of an activity specifically for those children;
(b) a gathering of any number
of children 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; or
(c) a gathering of any number
of children 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.[28]
(2) In this Article “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.
5E Exception from mask-wearing
for certain performers[29]
The requirements of
Article 5 or 5A do not apply to people present in a workplace for the
purposes of rehearsing or performing theatrical works, recitations or music
consisting of singing or playing a woodwind or brass instrument, while they are
actually acting, reciting, singing or playing their instrument, preparing to do
so, or in the process of finishing their rehearsal or performance.
5F Enforcement Officers[30]
A person is an enforcement
officer for the purpose of the Covid‑19
(Workplace Restrictions) (Jersey) Regulations 2020 if the person –
(a) is a States’ employee as
defined in the Employment
of States of Jersey Employees (Jersey) Law 2005;
(b) is employed as an
enforcement officer within the Covid Safe team; and
(c) carries an identification
card, issued by the Minister, on which is displayed the person’s name and
photograph, and one of the job titles listed in sub-paragraph (b).
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.