Covid-19
(Enabling Provisions) (Jersey) Law 2020
A LAW to enable the States, by
Regulations, to make any provision necessary or expedient as a direct or
indirect result of the outbreak of Covid-19 in Jersey
Commencement [see endnotes]
1 Interpretation
In this Law “Covid-19”
means –
(a) severe acute respiratory
syndrome coronavirus 2 (SARS-CoV-2); and
(b) any disease that is
directly or indirectly caused by that virus, including the disease known as
COVID-19.
2 Power to make Regulations
(1) The
States may by Regulations make such provision as appears to them to be
necessary or expedient as a direct or indirect result –
(a) of the outbreak of
Covid-19 in Jersey;
(b) of the aftermath of that
outbreak; or
(c) of the need to prepare
for the possibility of one or more subsequent outbreaks of Covid-19 in Jersey,
and for the aftermaths of those outbreaks.[1]
(2) Subject
to paragraphs (5) and (6), the provision that may be made under
paragraph (1) includes any such provision (of any such extent) as might be
made by a Law passed by the States.
(3) Paragraph (4)
does not limit paragraph (1) or (2).
(4) Regulations
under paragraph (1) may –
(a) amend any Law or other
enactment or provision that may be amended by a Law;
(b) confer a power or impose
a duty on a Minister to make, by Order, any provision that may be made by the
Regulations;
(c) establish bodies
corporate, corporations sole or other entities;
(d) confer powers, or impose
duties, on any person, including an entity established as mentioned in
sub-paragraph (c) or otherwise;
(e) create offences, or amend
provisions creating offences;
(f) make transitional,
transitory, saving, supplementary, incidental or consequential provision.
(5) The
provision that may be made by Regulations under paragraph (1) does not
include provision –
(a) imposing or increasing
taxation;
(b) imposing a penalty of
imprisonment for more than 4 years for a criminal offence;
(c) taking effect from a date
earlier than that of the making of the Regulations containing the provision; or
(d) amending this Law or the Human Rights
(Jersey) Law 2000.
(6) The
provision that may be made by Order under Regulations made under paragraph (1)
does not include provision –
(a) imposing or increasing
taxation;
(b) imposing a penalty of
imprisonment for more than 12 months for a criminal offence;
(c) taking effect from a date
earlier than that of the making of the Order containing the provision;
(d) amending this Law or the Human Rights
(Jersey) Law 2000; or
(e) amending Regulations made
under paragraph (1), or making any provision inconsistent with any such
Regulations.
(7) The
power to make rules of court under the Royal Court
(Jersey) Law 1948 includes the power to make rules of court for
the purpose of Regulations under this Law, and any other power to make rules
for a court or tribunal is to be read as including power to make rules for that
purpose.
3 Citation, commencement and cessation of powers
(1) This
Law may be cited as the Covid-19 (Enabling Provisions) (Jersey) Law 2020.
(2) This
Law comes into force on the day after it is registered.
(3) No
Regulations under this Law, and no Order under any such Regulations, may be
made on or after 17th December 2022, other than to repeal such
Regulations, or such an Order, made before that date.[2]