Jersey Law 12/1994
NURSING AND
RESIDENTIAL HOMES (JERSEY) LAW 1994
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ARRANGEMENT OF ARTICLES
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Introductory
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1.
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Interpretation.
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2.
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Meaning of “relative”.
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3.
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Homes to which Law applies.
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Registration of
homes
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4.
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Registration of homes.
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5.
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Optional registration.
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6.
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Registration conditions.
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7.
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Refusal of registration.
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8.
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Cancellation of registration.
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Procedure
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9.
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Ordinary procedure for registration, etc.
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10.
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Decision
of Committee.
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11.
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Urgent
procedure for cancellation, etc.
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12.
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Appeals.
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13.
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Effect
of death or cancellation.
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14.
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Inspection
of registers.
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15.
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Orders.
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Offences
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16.
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Prohibition
of holding out premises as homes.
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17.
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Liability
of officers of bodies corporate; accessories and abettors, etc.
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18.
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Defences.
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Miscellaneous and
supplemental
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19.
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Inspection
of homes and visiting of patients.
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20.
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Service
of documents.
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21.
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Transitional
provisions, consequential amendments, savings and repeals.
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22.
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Short
title and commencement.
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Schedules
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First
Schedule – Transitional provisions and savings.
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Second
Schedule – Amendment of enactments.
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Third
Schedule – Enactments repealed.
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NURSING AND
RESIDENTIAL HOMES (JERSEY) LAW 1994
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A LAW to make new provision for the registration and regulation of nursing
homes and residential care homes and for connected purposes sanctioned by Order
of Her Majesty in Council of the
13th day of april 1994
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(Registered on the 27th day of May 1994)
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STATES OF JERSEY
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The 29th day of September 1993
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THE
STATES, subject to
the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law –
INTRODUCTORY
ARTICLE 1
Interpretation
(1) In
this Law –
“the
appropriate register”, in relation to a home of any class, means the
register maintained for homes of that class under paragraph (1) of Article 4;
“certified”
in relation to a midwife, means a person authorised to exercise the profession
of midwife in the Island under the ‘Loi
(1922) sur la santé publique (Sage-Femmes)’;
“the
Committee” means the Public Health Committee;
“disabled”
means blind, deaf or dumb or substantially and permanently handicapped by
illness, injury or congenital deformity or any other prescribed disability, and
“disablement” shall be construed accordingly;
“maternity
home” has the meaning given by sub-paragraph (c) of paragraph (1) of
Article 3;
“mental
disorder” and “mentally disordered” have the same meanings as
in the Mental Health (Jersey) Law 1969;
“mental
nursing home ” has the meaning given by sub-paragraph (b) of paragraph
(1) of Article 3;
“notice”
means a notice in writing;
“nursing
home” has the meaning given by sub-paragraph (c) of paragraph (1) of
Article 3;
“personal
care” means care which includes assistance with bodily functions where
such assistance is required;
“prescribed”
means prescribed by Order of the Committee;
“relative”
has the meaning given by Article 2;
“registered
dentist” has the same meaning as in the Dentists (Registration) (Jersey) Law 1961;
“registered
medical practitioner” has the same meaning as in the Medical
Practitioners (Registration) (Jersey) Law 1960;
“residential
care home” has the meaning given by sub-paragraph (a) of paragraph (1) of
Article 3.
(2) A
reference in this Law to an enactment is a reference to that enactment as
amended from time to time.
(3) A
reference in this Law to an Article or a Schedule by number only and without
further identification is a reference to the Article or Schedule of that number
contained in this Law.
(4) A
reference in any Article or other division of this Law to a paragraph,
sub-paragraph or clause by number or letter only, and without further
identification, is a reference to the paragraph, sub-paragraph or clause of
that letter or number contained in the Article or other division of this Law in
which the reference occurs.
ARTICLE 2
Meaning of
“relative”
(1) In
this Law “relative” means any of the following –
(a) husband or wife;
(b) son or daughter;
(c) father or mother;
(d) brother or sister;
(e) grandparent or other
ascendant;
(f) grandchild or
other descendant;
(g) uncle or aunt;
(h) nephew or niece.
(2) In
deducing any relationship for the purposes of paragraph
(a) any relationship by
affinity shall be treated as a relationship by consanguinity, any relationship
of the half-blood as a relationship of the whole blood, and the stepchild of
any person as his child; and
(b) an illegitimate person
shall be treated as the legitimate child of his mother and reputed father.
(3) In
this Article “husband” and “wife” include a person who
is living with a person carrying on or intending to carry on a residential care
home as that person’s husband or wife, as the case may be, and who has
been so living for a period of not less than six months.
(4) A
person, other than a relative, with whom a person carrying on or intending to
carry on a residential care home ordinarily resides, and with whom that person
has been ordinarily residing for a period of not less than five years shall be
treated for the purposes of this Law as if he were a relative.
ARTICLE 3
Homes to which
Law applies
(1) Subject
to paragraphs (2) to (5)
inclusive, this Law applies to the following classes of premises (in this Law
referred to as “homes to which this Law applies”)–
(a) any premises which
provide or are intended to provide, whether for reward or not, residential
accommodation with both board and personal care for persons in need of personal
care by reason of old age, disablement, past or present dependence on alcohol
or drugs, or past or present mental disorder (in this Law referred to as a
“residential care home”);
(b) any premises used or
intended to be used for the reception of, and the provision of nursing or other
medical treatment (including care, habilitation or rehabilitation under medical
supervision) for, one or more mentally disordered persons, (meaning persons
suffering, or appearing to be suffering, from mental disorder) whether
exclusively or in common with other persons (in this Law referred to as a
“mental nursing home”);
(c) any premises, not being
a mental nursing home, which are used or intended to be used –
(i) for the reception
of, and the provision of nursing for, persons suffering from any sickness,
injury or infirmity; or
(ii) for the reception of
pregnant women or of women immediately after childbirth; or
(iii) for the provision of all or
any of the services specified in paragraph (6);
(any of which
premises are in this Law referred to as a “nursing home”, and
premises falling within clause (ii) are in this Law referred to as a
“maternity home”).
(2) This
Law does not apply to –
(a) any hospital maintained
or controlled by the States or any administration thereof;
(b) any school (within the
meaning of the ‘Loi (1912) sur l’Instruction Primaire’ or the ‘Loi (1920)
sur Instruction Publique’) or any school or class of
school to which the Committee may by Order declare that this Law shall not
apply; or
(c) any other establishment
or premises maintained or controlled by a Committee of the States.
(3) The
definition of “residential care home” in sub-paragraph (a) of
paragraph (1)does not include –
(a) premises which provide
or are intended to provide residential accommodation with both board and
personal care, otherwise than for reward, for fewer than four persons; and in
determining whether premises fall within that definition, no account shall be
taken of anyone provided with such accommodation there who is a person –
(i) carrying on or
intending to carry on the home, or
(ii) employed or intended to
be employed there,
or a relative of
such a person; or
(b) any other premises
which may be prescribed for the purposes of this paragraph.
(4) For
the purposes of paragraph (3) –
(a) “reward”,
subject to sub-paragraph (c), includes any benefit or thing tangible or
intangible given or received wholly or partly in connexion with the provision
of any accommodation, or of board or personal care provided with any
accommodation, irrespective of the person by whom it is given or received; and
(b) accommodation with
board and personal care shall be taken as provided for reward even though a
person provides them, or any part of them, otherwise than for profit; and
(c) the Committee may
prescribe any type of reward as a reward to which paragraph (3)does not apply.
(5) The
definition of “nursing home” in sub-paragraph (c) of paragraph (1)
does not include –
(a) any sanatorium provided
at a school or educational establishment and used or intended to be used solely
by persons in attendance at, or members of the staff of, that school or
establishment or members of their families;
(b) any first aid or
treatment room provided at a factory, office, shop premises or at a sports
ground, show ground or place of public entertainment;
(c) any premises used or
intended to be used wholly or mainly –
(i) by a registered
medical practitioner for the purpose of consultations with his patients;
(ii) by a registered dental
practitioner or chiropodist for the purpose of treating his patients; or
(iii) for the provision of
occupational health facilities,
unless they are used or intended to
be used for the provision of any of the services specified in paragraph (6),
not being premises prescribed under sub-paragraph (e);
(d) any premises used or
intended to be used wholly or mainly as a private dwelling;
(e) any other premises
which may be prescribed for the purposes of this paragraph.
(6) The
services mentioned in clause (iii) of sub-paragraph (c) of paragraph (1) and
sub-paragraph(c) of paragraph (5) are –
(a) the carrying out of
surgical procedures under anaesthesia;
(b) endoscopy;
(c) haemodialysis or
peritoneal dialysis;
(d) treatment by laser and
diagnosis or treatment by radiation, including X-ray; and
(e) any other technique of
medicine or surgery (including cosmetic surgery) as to which the Committee is
satisfied that its use may create a hazard for persons treated by means of it
or for the staff of any premises where the technique is used, and which is
prescribed for the purposes of this paragraph.
REGISTRATION OF
HOMES
ARTICLE 4
Requirement of
registration
(1) The
Committee shall maintain a register for each class of home to which this Law
applies, namely –
(a) residential care homes;
(b) mental nursing homes;
and
(c) nursing homes.
(2) Any
person who carries on a home to which this Law applies without being registered
in the appropriate register or registers in respect of that home shall be
guilty of an offence and liable to a fine.
(3) Where
any premises fall within more than one class of homes to which this Law
applies, the requirement to be registered under this Law is a requirement to be
registered in each of the appropriate registers under this Law.
(4) Where
the person carrying on or intending to carry on a home to which this Law
applies is not the person who is or is intended to be in charge of the premises,
both of those persons are to be treated as carrying on or intending to carry on
the home, and accordingly as requiring to be registered under this Law.
(5) An
application for registration under this Law –
(a) shall be made to the
Committee in such form as may be prescribed;
(b) shall be accompanied by
a fee of such amount as may be prescribed;
(c) in the case of a mental
nursing home, shall state whether or not it is proposed to receive in the home
patients who are liable to be detained under the provisions of the Mental
Health (Jersey) Law 1969; and
(d) in the case of a
nursing home, shall state whether or not it is proposed to receive in the home
pregnant women or women immediately after childbirth.
(6) Subject
to Article 7, the Committee shall, on receiving an application under paragraph
(5), register the applicant in respect of the home named in the application,
and shall issue to the applicant a certificate of registration.
(7) Where
a person is registered in pursuance of an application stating that it is
proposed to receive in the home such patients as are described in sub-paragraph
(c) of paragraph (5)–
(a) that fact shall be
specified in the certificate of registration; and
(b) the particulars of the
registration shall be entered by the Committee in a separate part of the
register of mental nursing homes.
(8) Where
a person is registered in pursuance of an application stating that it is
proposed to receive in the home pregnant women or women immediately after
childbirth –
(a) that fact shall be specified
in the certificate of registration; and
(b) the particulars of the
registration shall be entered by the Committee in a separate part of the
register of nursing homes.
(9) The
certificate of registration issued under this Law in respect of any home to
which this Law applies shall be kept affixed in a conspicuous place in the
home, and if default is made in complying with this paragraph, the person
carrying on the home shall be guilty of an offence and liable to a fine not
exceeding fifty pounds.
(10) The
Committee may issue a duplicate certificate of registration in such
circumstances, and on payment of such fee, as may be prescribed.
ARTICLE 5
Optional
registration
(1) A
person who –
(a) is registered under
this Law in respect of any nursing home or mental nursing home; and
(b) would be required to be
registered in the register maintained for residential care homes in respect of
them under this Law but for paragraph (3) of Article 3,
may apply to be
registered in the said register in respect of those premises.
(2) If
such a person does so apply, this Law shall have effect in relation to him as
if those premises were a residential care home.
ARTICLE 6
Registration
conditions
(1) It
shall be a condition of the registration of any person in respect of a home to
which this Law applies that –
(a) in the case of a
residential care home, the number of persons for whom residential accommodation
with board and personal care is provided, or
(b) in any other case, the
number of persons kept,
at any one time
in the home (excluding persons carrying on or employed at the home and their
relatives) does not exceed such number as may be specified in the certificate
of registration.
(2) Without
prejudice to paragraph (1), any such registration may be effected subject to
such conditions as the Committee may consider appropriate –
(a) for regulating the age,
sex or other category of persons who may be received in the home in question;
or
(b) for restricting the
number of persons who may be accommodated in any particular room or rooms in
the home,
and any condition
imposed by virtue of sub-paragraph (a) shall be specified in the certificate of
registration.
(3) The
Committee may from time to time –
(a) vary or remove any
condition for the time being in force in respect of a home by virtue of this
Article, or
(b) impose an additional
condition,
either on the
application of a person registered in respect of it or without such an
application.
(4) If
any condition for the time being in force in respect of a home by virtue of
this Article is not complied with, the person registered in respect of that
home or any person carrying on the home or both of them shall be guilty of an
offence and liable to a fine not exceeding two thousand pounds.
ARTICLE 7
Refusal of
registration
(1) The
Committee may refuse to register an applicant in respect of a home to which
this Law applies if it is satisfied –
(a) that the applicant, or
any person employed or proposed to be employed by the applicant at the home, is
not a fit person (whether by reason of age or otherwise) to carry on or be
employed at a home of such a class as that named in the application;
(b) that, for reasons
concerned with situation, construction, state of repair, accommodation,
staffing or equipment (but subject to the provisions of any Order under either
paragraph (1) or sub-paragraph (b) of paragraph (2) of Article 15), the home is
not, or any premises used in connection with the home are not, fit to be used
for a home of that class;
(c) that the home is, or
any premises used in connection with the home are, used, or proposed to be
used, for purposes which are in any way improper or undesirable in the case of
a home of that class;
(d) that the way in which
it is intended to carry on the home is such as not to provide services or facilities
reasonably required;
(e) in the case of a
nursing home or a mental nursing home, that the home is not, or will not be, in
the charge of a person who is either a registered medical practitioner or a
qualified nurse or, in the case of a maternity home, a certified midwife; or
(f) in the case of a
nursing home or a mental nursing home, that the following condition is not, or
will not be, fulfilled in relation to the home, namely that such number of
nurses possessing such qualifications, and in the case of a maternity home,
such number of certified midwives, as may be specified in a notice served by
the Committee on the person carrying on or proposing to carry on the home are
on duty in the home at such times as may be so specified.
(2) In
sub-paragraph (e) of paragraph (1) “qualified nurse”, in relation
to a home, means a nurse possessing such qualifications as may be specified in
a notice served by the Committee on the person carrying on or proposing to
carry on the home.
ARTICLE 8
Cancellation of
registration
(1) The
Committee may at any time cancel the registration of a person in respect of a
home to which this Law applies –
(a) on any ground which
would entitle it to refuse an application for the registration of that person
in respect of that home;
(b) on the ground that that
person has been convicted of an offence against this Law, or that any other
person has been convicted of such an offence in respect of that home;
(c) on the ground that any
condition for the time being in force in respect of the home by virtue of this
Law has not been complied with;
(d) on the ground that that
person has been convicted of an offence against an Order made under Article 15;
(e) on the ground that the
annual fee in respect of the home has not been paid on or before the due date;
or
(f) at the request of
that person.
(2) Where
an Order under paragraph (1) or sub-paragraph (b) of paragraph (2) of Article
15 has come into force with respect to any class of homes to which this Law
applies since the date of registration of any person in respect of a home
within that class, the registration may be cancelled on the ground specified in
sub-paragraph (b) of paragraph (1) of Article 7 by reason that the home does
not comply with any standard specified in that Order, notwithstanding that the
construction, accommodation or equipment of the home or the staffing of the
home, as the case may be, has not changed since the date of registration.
PROCEDURE
ARTICLE 9
Ordinary
procedure for registration, etc.
(1) Where
–
(a) a person applies for
registration in respect of a home to which this Law applies; and
(b) the Committee proposes
to grant his application,
the Committee
shall give him notice of its proposal and of the conditions subject to which
they propose to grant his application.
(2) The
Committee shall give an applicant notice of a proposal to refuse his
application.
(3) Except
where it applies to the Bailiff under Article 11, the Committee shall give any
person registered in respect of a home to which this Law applies notice of a
proposal –
(a) to cancel the
registration;
(b) to vary any condition
for the time being in force in respect of the home by virtue of this Law; or
(c) to impose any
additional condition.
(4) A
notice under this Article shall –
(a) give the
Committee’s reasons for its proposal; and
(b) state that within such
period as may be specified in the notice (not being less than 21 days beginning
with the date of service of the notice) any person on whom it is served may
make objections or representations in writing to the Committee concerning the
proposal.
(5) In
relation to any proposal mentioned in paragraph (1), (2) or (3) the Committee
–
(a) shall not make a
decision on the proposal before the expiration of the period specified under
sub-paragraph (b) of paragraph (4); and
(b) shall before making
such a decision consider any objections or representations made in accordance
with the notice.
ARTICLE 10
Decision of
Committee
(1) If
the Committee decides to adopt a proposal mentioned in paragraph (1), (2) or
(3) of Article 9, it shall serve notice of its decision on any person on whom
it was required to serve notice of the proposal.
(2) A
notice under this Article shall include an explanation of the right of appeal
conferred by Article 12.
(3) A
decision of the Committee, other than a decision –
(a) to grant an application
for registration subject only to conditions agreed between the applicant and
the Committee; or
(b) to refuse an
application for registration,
shall not take
effect –
(i) if no appeal is
brought, until the expiration of the period of 28 days referred to in paragraph
(2) of Article 12; and
(ii) if an appeal is
brought, until it is determined or abandoned.
ARTICLE 11
Urgent procedure
for cancellation, etc.
(1) The
Committee may apply to the Bailiff ex parte
for a provisional order –
(a) cancelling the
registration of a person in respect of a home to which this Law applies;
(b) varying any condition
for the time being in force in respect of such a home by virtue of this Law; or
(c) imposing an additional
condition.
(2) If
upon an application under paragraph (1) it appears to the Bailiff that there is
prima facie evidence that there will
be serious risk to the life, health or well being of any person resident, or as
the case may be, a patient, in the home unless an order is made, he may make a
provisional order in accordance with the application of the Committee.
(3) An
application under paragraph (1) shall be supported by an affidavit stating the
reasons for the Committee’s application.
(4) As
soon as practicable after the making of a provisional order under this Article
–
(a) notice of the making of
the order and its terms; and
(b) a copy of the affidavit
which supported the application for the order,
shall be served
upon any person registered in respect of the home concerned.
(5) A
provisional order under this Article shall take effect upon service in
accordance with paragraph (4).
(6) The
Committee shall, as soon as may be after the service of a provisional order,
summons the person served to appear before the Royal Court to witness the
confirmation of the provisional order and the Court may confirm, vary or cancel
the provisional order or make such other order as it thinks fit in the
interests of any person resident, or as the case may be, any patient, in the
home concerned.
ARTICLE 12
Appeals
(1) An
appeal against a decision of the Committee under this Law shall lie to the Royal Court.
(2) No
appeal against a decision of the Committee may be brought by a person more than
28 days after service on him of notice of the decision.
(3) On
an appeal against a decision of the Committee the Court may confirm the
decision or direct that it shall not have effect.
ARTICLE 13
Effect of death
or cancellation
(1) Where
–
(a) one person only is
registered under this Law in respect of a home to which this Law applies, other
than a home to which paragraphs (3) to (5) apply; and
(b) that person dies,
his executor,
administrator or surviving spouse or any other relative of his may for a period
not exceeding four weeks from his death, or such longer period as the Committee
may sanction, carry on the home without being registered in respect of it.
(2) Paragraphs
(3) to (5) apply to any
mental nursing home the particulars of the registration of which are entered in
the separate part of the register referred to in sub-paragraph (b) of paragraph
(7) of Article 4, and in those paragraphs “patient” means a person
suffering or appearing to be suffering from mental disorder.
(3) If
the registration of any such home is cancelled under Article 8 at a time when
any patient is liable to be detained in the home under the provisions of the
Mental Health (Jersey) Law 1969, the registration shall,
notwithstanding the cancellation, continue in force –
(a) until the expiry of the
period of two months beginning with the date of the cancellation, or
(b) until every such
patient has ceased to be so liable,
whichever first
occurs.
(4) If
one person only is registered in respect of any such home, and that person dies
at a time when any patient is liable to be so detained, the registration shall
continue in force –
(a) until the expiry of the
period of two months beginning with the death, or
(b) until every patient has
ceased to be so liable, or
(c) until a person other
than the deceased has been registered in respect of the home,
whichever first
occurs.
(5) A
registration continued in force by virtue of paragraph (4) shall continue in
force –
(a) as from the grant of
representation to the estate of the deceased, for the benefit of the personal
representative of the deceased; and
(b) pending the grant of
probate or administration, for the benefit of any person approved for the
purpose by the Committee.
(6) For
the purposes of this Law, a person for whose benefit the registration continues
in force by virtue of paragraph (4) shall be treated as registered in respect
of the home.
ARTICLE 14
Inspection of
registers
The registers
kept by the Committee for the purposes of this Law shall be available for
inspection at all reasonable times, and any person inspecting any such register
shall be entitled to make copies of entries in the register on payment of such
fee as may be prescribed.
ARTICLE 15
Orders
(1) The
Committee may make Orders specifying standards of construction, accommodation
and equipment which are to be complied with by any class of homes to which this
Law applies.
(2) The
Committee may make Orders as to the conduct of homes or any class of homes to
which this Law applies, and in particular –
(a) as to the facilities
and services to be provided in such homes;
(b) as to the numbers and
qualifications of staff to be employed in such homes;
(c) as to the numbers of
suitably qualified and competent staff to be on duty in such homes;
(d) with respect to entry
into and the inspection of premises used or reasonably believed to be used as a
home to which this Law applies, and the exercise on behalf of the Committee of
the powers conferred by Article 19;
(e) with respect to the
visiting and examination of persons detained under the Mental Health (Jersey) Law 1969;
(f) with respect to
the keeping of records and notices in respect of persons received into such
homes, including records relating to the detention and treatment of persons
detained under the Mental Health (Jersey) Law
19697 in a mental nursing home;
(g) with respect to the
notification of events occurring in such homes;
(h) as to the giving of
notice by a person of a description specified in the Order of periods during
which any person of a description so specified proposes to be absent from a
nursing home and as to the information to be supplied in such a notice;
(j) as to any
information required to be provided to the Committee in respect of the conduct
of such homes;
(k) making provision for
children under the age of 20 years who are resident in residential care homes
to receive a religious upbringing appropriate to the religious persuasion to
which they belong;
(l) providing for the
making of adequate arrangements for the running of a home to which this Law
applies during a period when the person in charge of it is absent from it;
(m) requiring a notice stating
the effect of any condition imposed by virtue of sub-paragraph (b) of paragraph
(2) of Article 6 to be displayed in any room to which the condition relates.
(3) The
Committee may make Orders as to registration under this Law, and in particular
–
(a) requiring persons
registered under this Law to pay an annual fee;
(b) specifying when the fee
is to be paid;
(c) as to the form of
registers to be kept for the purposes of this Law and the particulars to be
contained in them; and
(d) as to the information
to be supplied on an application for registration.
(4) An
Order under this Article may provide that a contravention of or failure to
comply with any specified provision thereof shall be an offence and that a
person guilty of such an offence shall be liable to a fine not exceeding two
thousand pounds.
(5) The
Subordinate Legislation (Jersey) Law 1960 shall apply to Orders made under
this Law.
OFFENCES
ARTICLE 16
Prohibition on
holding out premises as homes
(1) A
person who –
(a) applies any name to
premises in the Island; or
(b) in any way describes
such premises or holds such premises out,
so as to
indicate, or so as reasonably to be understood to indicate, that the premises
are a home to which this Law applies, or within any class of such homes, shall
be guilty of an offence unless registration has been effected in the
appropriate register in respect of the premises as a residential care home,
mental nursing home or nursing home, as the case may be.
(2) A
person guilty of an offence under this Article shall be liable to a fine not
exceeding five hundred pounds.
ARTICLE 17
Liability of
officers of body corporate; accessories and abettors, etc.
(1) Where
an offence under this Law or any Order made under it which has been committed
by a body corporate is proved to have been committed with the consent or
connivance of, or to be attributable to any neglect on the part of, any
director, manager, secretary or other similar officer of the body corporate, or
any person purporting to act in any such capacity, he as well as the body
corporate shall be deemed to be guilty of that offence and shall be liable to
be proceeded against and punished accordingly.
(2) Without
prejudice to paragraph (1), any person who knowingly and wilfully aids, abets,
counsels, causes, procures or commands the commission of any offence under this
Law or any order made under it shall be liable to be dealt with, tried and
punished as a principal offender.
ARTICLE 18
Defences
(1) In
any proceedings for an offence under this Law, subject to paragraph (2), it
shall be a defence for the person charged to prove –
(a) that the commission of
the offence was due to a mistake or to reliance on information supplied to him
or to the act or default of another person, an accident or some other cause
beyond his control; and
(b) that he took all
reasonable precautions and exercised all due diligence to avoid the commission
of such an offence by himself or any person under his control.
(2) If
in any such case the defence provided by paragraph (1) involves the allegation
that the commission of the offence was due to the act or default of another
person or to reliance on information supplied by another person, the person
charged shall not, without leave of the court, be entitled to rely on that
defence unless, within a period ending seven clear days before the hearing, he
has served on the Connétable in whose name the proceedings have been
instituted or, if the case is before the Royal Court, the Attorney General, a
notice in writing giving such information identifying or assisting in the
identification of that other person as was then in his possession.
MISCELLANEOUS AND
SUPPLEMENTAL
ARTICLE 19
Inspection of
homes and visiting of patients
(1) Subject
to the provisions of this Article, any person authorised in that behalf by the
Committee may at any time, after producing, if asked to do so, some duly
authenticated document showing that he is so authorised, enter and inspect any
premises which are used, or which that person has reasonable cause to believe
to be used, for the purposes of a home to which this Law applies, and may
inspect any records kept in pursuance of any Order under sub-paragraph (e) of
paragraph (2) of Article 15.
(2) A
person authorised under paragraph (1) to inspect a home to which this Law
applies may visit and interview in private any person who is a patient, or is
residing, in the home –
(a) for the purpose of
investigating any complaint as to his treatment made by or on behalf of the
patient or resident; or
(b) in any case where the
person so authorised has reasonable cause to believe that the patient or
resident is not receiving proper care,
and where the
person so authorised is a registered medical practitioner, he may examine the
patient or resident in private, and may require the production of, and inspect,
any medical records relating to the patient’s or resident’s
treatment in that home.
(3) Any
person who refuses to allow the inspection of any premises, or without
reasonable cause refuses to allow the visiting, interviewing or examination of
any person by a person authorised in that behalf under this Article or the
visiting or examination of a patient who is liable to be detained by a
registered medical practitioner authorised under Article 26 of the Mental
Health (Jersey) Law 1969 or to produce for the inspection
of any person so authorised any document or record the production of which is
duly required by him, or otherwise obstructs any such person in the exercise of
this powers under this Article, shall be guilty of an offence.
(4) Without
prejudice to the generality of paragraph (3), any person who insists on being
present when requested to withdraw by a person authorised as aforesaid to
interview or examine a person in private shall be guilty of an offence.
(5) A
person guilty of an offence under this Article shall be liable to a fine not
exceeding two thousand pounds.
(6) The
provisions of this Article are without prejudice to the provisions of Article
26 or 47 of the Mental Health (Jersey) Law
1969 (visiting and examination of
patients).
ARTICLE 20
Service of
documents
Any notice or
other document required under this Law to be served on a person carrying on, or
intending to carry on, a home to which this Law applies, may be served on him
by delivering it personally to him or by post and shall be deemed to be
properly addresses to him if it is addressed to his usual place of residence or
his last known place of business or to the home in question.
ARTICLE 21
Transitional provisions,
consequential amendments, savings and repeals
(1) The
savings and transitional provisions contained in the First Schedule shall have
effect.
(2) The
enactments specified in the Second Schedule shall be amended in accordance with
that Schedule.
(3) The
enactments specified in column 1 of the Third Schedule are repealed to the
extent specified in column 2 of that Schedule.
(4) References
in any enactment, instrument or document to a provision of any of the
enactments repealed by this Law which is replaced by a corresponding provision
of this Law are to be read, where necessary to retain for the enactment,
instrument or document the same force and effect as it would have had but for
the enactment of this Law, as, or as including, a reference to the corresponding
provision by which it is replaced in this Law.
(5) The
generality of paragraph (4) is not affected by any specific conversion of
references made by this Law, nor by the inclusion in any provision of this Law
of a reference to the provision of the enactment repealed by this Law which is
replaced by a corresponding provision of this Law.
ARTICLE 22
Short title and
commencement
(1) This
Law may be cited as the Nursing and Residential Homes (Jersey)
Law 1994.
(2) This
Law shall come into operation on such day or days as the States may by Act
appoint, and different days may be so appointed as respects different classes
of homes to which this Law applies.
G.H.C. COPPOCK
Greffier of the
States.
FIRST SCHEDULE
(Article 21(1))
TRANSITIONAL
PROVISIONS AND SAVINGS
Nursing homes
1.-(1) Where any person is immediately before
the appointed day registered under Article 2 of the 1950 Law in respect of any premises, he
shall not, until he is registered under sub-paragraph (2), be required to be
registered in the register of nursing homes in respect of those premises.
(2) The Committee shall,
not later than three months after the appointed day, register each such person
as is mentioned in sub-paragraph (1) in the register of nursing homes in
respect of those premises, as if he had applied for registration under this
Law.
(3) Before the Committee
registers any person in respect of any premises under sub-paragraph (2), the
Committee shall in writing request that person to state whether or not the
premises are used or intended to be used for the reception of pregnant women or
women immediately after childbirth.
(4) Where a statement in
reply to a request under sub-paragraph (3) is in the affirmative, Article 4(8)
shall apply as if the statement had been made in an application for such
registration.
(5) Any records kept in
respect of a nursing home in pursuance of Orders under Article 5(1)(a) of the
1950 Law shall be treated for the purposes
of this Law as records kept in respect of that home in pursuance of Orders
under Article 15(2)(f).
Old
persons’ homes and mental nursing homes
2.-(1) Where any person is immediately before
the appointed day registered under Article 2 of the 1964 Law in respect of any premises, he
shall not, until he is registered under sub-paragraph (3) or the Committee has
declined to register him under sub-paragraph (3), be required to be registered
in the register of residential care homes in respect of those premises.
(2) The Committee shall,
not later than three months after the appointed day –
(a) determine whether or
not premises in respect of which a person is registered as mentioned in
sub-paragraph (1) are, in their opinion, a residential care home; and
(b) pursuant to that
determination, serve on that person a notice stating whether or not it proposes
to register him in respect of the premises in the register of residential care
homes.
(3) On the expiration of 28
days from the service on any such person of a notice of the Committee’s
decision on a proposal under sub-paragraph (2) or, if an appeal is made against
the decision, on the determination or abandonment of the appeal, the Committee
shall, subject to any direction made on appeal, either register or decline to
register him in accordance with that decision, as if he had applied for such
registration under this Law.
Mental nursing
homes
3.-(1) Where any person is immediately before
the appointed day registered under Article 5 of the 1969 Law in respect of any premises, he
shall not, until he has been registered under sub-paragraph (2), be required to
be registered in the register of mental nursing homes in respect of those
premises.
(2) The Committee shall,
not later than three months after the appointed day, register each such person
as is mentioned in sub-paragraph (1) in the register of mental nursing homes in
respect of those premises, as if he had applied for such registration under
this Law.
(3) Before the Committee
registers any person in respect of any premises under sub-paragraph (2), the
Committee shall in writing request that person to state whether or not there
are kept, or it is proposed to receive, in the premises patients who are liable
to be detained under the provisions of the 1969 Law.
(4) Where a statement in
reply to a request under sub-paragraph (3) is in the affirmative, Article 4(7)
shall apply as if the statement had been made in an application for such
registration.
(5) Any records kept in
respect of a mental nursing home in pursuance of Orders under Article 7 of the
1969 Law shall be treated for the purposes
of this Law as records kept in respect of that home in pursuance of Orders
under Article 15(1)(f).
Conditions, etc
4.-(1)
Article 6 shall not apply to a
registration effected under paragraph 1(2), 2(3) or 3(2) until –
(a) the number of persons
to be specified in the certificate of registration under Article 6(1); and
(b) any conditions subject
to which the registration is to be effected under Article 6(2);
have been
determined in accordance with this paragraph.
(2) The Committee shall, as
soon as may be after the appointed day, serve on each person registered or
proposed to be registered under this Schedule in respect of any premises a
notice specifying its proposals as to the said matters.
(3) On the happening of the
last of the following events –
(a) the expiration of 28
days from the service on such a person of the Committee’s decision on its
proposals under sub-paragraph (2); or
(b) if an appeal is made
against the decision, the determination or abandonment of the appeal; or
(c) the registration of
that person under paragraph 1(2), 2(3) or 3(2),
the Committee
shall, subject to any direction made on appeal, issue a certificate of
registration specifying the said matters decided upon, and any certificate of
registration previously issued shall cease to have effect.
Representations,
appeals, etc
5. Articles
9(4) and (5), 10 and 12 apply to a proposal under paragraph 2(2) or 4(2) as
they apply to a proposal mentioned in Article 9(1), (2) or (3).
Application of
Article 16
6. Article
16 shall not apply to any premises in respect of which a person is not required
to be registered by virtue of paragraph 1(1), 2(1) or 3(1).
Pending
applications
7. An
Act under Article 22(2) may contain such transitional provisions in relation to
an application which is pending on the appointed day for –
(a) registration under
Article 2 of the 1950 Law or Article 2 of the 1964 Law; or
(b) registration under
Article 5 of the 1969 Law for a mental nursing home;
as appear to the
Committee to be necessary or expedient for the purposes of the Act.
Interpretation
8.-(1) In this Schedule –
“the 1950
Law” means the Nursing Homes (Registration) (Jersey)
Law 1950;
“the 1964
Law” means the Old Persons’ Homes (Registration) (Jersey)
Law 1964;
“the 1969
Law” means the Mental Health (Jersey)
Law 1969;
“the
appointed day”, as respects any class of home to which this Law applies,
means the day appointed by Act under Article 22(2) for the coming into
operation of Article 4 as respects that class of home.
(2) Where any person other
than the person registered as mentioned in paragraph 1(1), 2(1) or 3(1) would
by virtue of Article 4 be required to be registered in respect of a home, any
reference in this Schedule to the person so registered or licensed shall be
construed as, or as including, a reference to that person.
SECOND SCHEDULE
Article 21(2)
AMENDMENT OF
ENACTMENTS
Children (Jersey) Law 1969
1. In
Article 1(1) for the definitions of “mental home” and
“nursing home” substitute the following definitions, respectively
–
“mental
nursing home” has the same meaning as in the Nursing and Residential
Homes (Jersey) Law 1994;
“nursing
home” has the same meaning as in the Nursing and Residential Homes (Jersey) Law 199426;”.
National Service
(Jersey) Law 1954
2. In
paragraph (1) of Article 42 after the definition of “mandated
territory” insert the following definition –
“mental
nursing home” has the same meaning as in the Nursing and Residential
Homes (Jersey) Law 199426;”.
Adoption (Jersey) Law 1961
3. In
paragraph (1) of Article 1 after the definition of “infant” insert
the following definition –
“mental
nursing home” has the same meaning as in the Nursing and Residential
Homes (Jersey) Law 199426;”.
Franchise (Jersey) Law 1968
4. In
paragraph (1) of Article 1 after the definition of “electoral
register” insert the following definition –
“mental
nursing home” has the same meaning as in the Nursing and Residential
Homes (Jersey) Law 1994;”.
Mental Health (Jersey) Law 1969
5. In
paragraph (1) of Article 1 for the definition of “mental nursing
home” substitute the following definition –
“mental
nursing home” has the same meaning as in the Nursing and Residential
Homes (Jersey) Law 199430;”.
THIRD SCHEDULE
(Article 21(3))
ENACTMENTS
REPEALED
|
Short title
|
Extent of repeal
|
|
Mental
Health (Jersey) Law 1969
|
Part
II
|
|
Nursing
Homes (Registration) (Jersey) Law 1950
|
The
whole Law
|
|
Nursing
Homes (Registration) (Amendment) (Jersey)
Law 195133
|
The
whole Law
|
|
Nursing
Homes (Registration) (Amendment No. 2) (Jersey)
Law 197633
|
The
whole Law
|
|
Nursing
Homes (Registration) (Amendment No. 3) (Jersey)
Law 1983
|
The
whole Law
|
|
Old
Persons’ Homes Registration (Jersey)
Law 1964
|
The
whole Law
|
|
Old
Persons’ Homes Registration (Amendment) (Jersey)
Law 1976
|
The
whole Law
|
|
Old
Persons’ Homes Registration (Amendment No. 2) (Jersey)
Law 1983
|
The
whole Law
|