Jersey Law 21/2002
HEALTH CARE (REGISTRATION)
(AMENDMENT) (JERSEY) LAW 2002
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A LAW to amend the Health Care
(Registration) (Jersey) Law 1995; sanctioned
by Order of Her Majesty in Council of the
22nd day of MAY 2002
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(Registered on the 14th day of June 2002)
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STATES OF JERSEY
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The 23rd day of October 2001
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THE STATES, subject
to the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law -
ARTICLE 1
In
this Law, “principal Law” means the Health Care (Registration) (Jersey) Law 1995, as amended.
ARTICLE 2
(1) In Article 1(1) of the principal Law, for the definition “material date”
there shall be substituted the following definition -
“ ‘material date’ in relation to an
occupation, means the date that is six months after the date on which it
becomes a registrable occupation;”.
(2) In Article 1(1) of the principal Law, after the definition “medical
practitioner” there shall be inserted the following definitions -
“ ‘nurse’ includes a person who
practises or holds himself out as a health visitor, but does not include a
person who practises or holds himself out only as -
(a) a
dental nurse; or
(b) a
veterinary nurse,
and does not include a person who
acts or holds himself out only as a nursery nurse;
‘nursery nurse’ means a person who
has the care (not being the health care) of children;”.
ARTICLE 3
After
Article 2(2) of the principal Law there shall be added the following
paragraphs -
“(3) Where a person is charged with an offence
under paragraph (2), it shall be a defence to prove -
(a) that he satisfies the requirements of
paragraph (1)(a) of Article 3 in respect of the registrable occupation;
(b) that not later than three months after the
material date, he made an application in accordance with this Law for
registration to engage in that occupation; and
(c) that his application had not been finally
determined at the time to which the charge relates.
(4) Where a person is charged with an offence
under paragraph (2) by reason of engaging in a registrable occupation, it shall
be a defence to prove that -
(a) he was acting reasonably, in an emergency;
or
(b) he was undertaking, under the supervision
of an appropriate practitioner, a prescribed course of training or any other
course of training that is for the time being approved in writing by the
Committee.
(5) In paragraph (4), ‘appropriate
practitioner’ means -
(a) a person who is registered in respect of
the registrable occupation to which the charge relates; or
(b) a person of any prescribed class.”.
ARTICLE 4
(1) Article 3 of the principal Law shall be renumbered as paragraph
(1) of that Article.
(2) In Article 3(1)(a) of the principal Law6 (as so
renumbered), the word “or” shall be deleted.
(3) For sub-paragraphs (b) and (c) of Article
3(1) of the principal Law (as so renumbered) there shall be
substituted the following sub-paragraphs -
“(b) he
holds a prescribed qualification;
(c) he holds
any other qualification which the Committee accepts for the purposes of this
Article in any particular case; or”.
(4) After Article 3(1) of the principal Law (as so renumbered) there shall be
added the following paragraphs -
“(2) An Order made under this Law for the purposes
of paragraph (1)(b) shall not affect -
(a) the registration of any person who is
already registered; or
(b) any application for registration which is
pending when the Order comes into force,
and any such application shall
accordingly be dealt with as if the Order had not been made.
(3) Where such an Order has the effect of
replacing or revoking a prescribed qualification in respect of a registrable
occupation, it must also contain provisions allowing persons who already
possess that qualification but have not applied for registration in respect of
that registrable occupation before the Order comes into force a reasonable
period of time in which to do so, and if any such person so applies his
application shall be dealt with as if the Order had not been made.
(4) In this Article, ‘qualification’ includes
the entry of one’s name, in any place other than the Island, on a register in
respect of any profession which is identical with the registrable occupation
for which the qualification is prescribed under this Law.”.
ARTICLE 5
In Article 6(1)(a) of the
principal Law, before the word “application” there
shall be inserted the word “an”.
ARTICLE 6
(1) Article 14 of the principal Law shall be renumbered as paragraph (1)
of that Article.
(2) After Article 14(1) of the principal Law10 (as so
renumbered) there shall be added the following paragraphs -
“(2) Unless the Court so orders, the lodging of an
appeal shall not operate to stay the effect of a decision pending the
determination of the appeal.
(3) On hearing the appeal, the Court may
confirm, reverse or vary the decision against which the appeal is brought.”.
ARTICLE 7
Article
18(1)(a) of the principal Law shall be deleted.
ARTICLE 8
(1) In the Schedule to the principal Law, before the entry “Chiropodist”
there shall be inserted the entry “Ambulance paramedic”.
(2) In the Schedule to the principal Law12 -
(a) after the entry “Ambulance paramedic” (as
so inserted) there shall be inserted the entry “Biomedical scientist”;
(b) the entry “Medical laboratory technician”
shall be deleted.
(3) In the Schedule to the principal Law,12 after
the entry “Clinical psychologist” there shall be inserted the entry “Clinical
scientist”.
(4) In the Schedule to the principal Law, after the entry “Dietitian” there
shall be inserted the entry “Midwife”.
(5) In the Schedule to the principal Law,13 after
the entry “Midwife” (as so inserted) there shall be inserted the entry “Nurse”.
(6) In the Schedule to the principal Law,13 for the
entry “Speech therapist” there shall be substituted the entry “Speech and
language therapist”.
ARTICLE 9
(1) The “Loi (1922) sur la Santé Publique
(Sages-femmes)” shall be repealed.
(2) The
Regulations for the guidance of midwives, made by the Public Health Committee
on the sixteenth day of March 1923 and approved by the States on the
seventh day of April 1923 under Article 12 of that Loi, shall be revoked.
ARTICLE 10
(1) This
Article shall apply notwithstanding any other provision in the principal Law
(as amended by this Law).
(2) On
the commencement of Article 4 of this Law, every person who immediately before
the commencement of that Article was a registered person (other than a
registered medical laboratory technician) by reason of having satisfied the
requirement in Article 3(b) of the principal Law shall continue to be so registered,
subject to the other provisions of the principal Law (as amended by this Law)
relating to registered persons.
(3) On the commencement of Articles 7, 8(4) and
9 of this Law, every person who immediately before their commencement was
enrolled as a midwife under the “Loi (1922) sur la Santé Publique
(Sage-femmes)” shall be a registered midwife under
the principal Law (as amended by this Law), subject to the other provisions of
the principal Law (as so amended) relating to registered persons.
(4) Any matter that is pending under the “Loi
(1922) sur la Santé Publique (Sages-femmes)”16 immediately before the commencement
of Articles 7, 8(4) and 9 of this Law shall, after their commencement, be
treated and dealt with in accordance with the provisions of the principal Law
(as amended by this Law).
(5) On the commencement of Article 8(2) of this
Law, every person who immediately before the commencement of that Article was
registered under the principal Law as a medical laboratory technician shall be
a registered biomedical scientist under the principal Law (as amended by this
Law), subject to the other provisions of the principal Law (as so amended)
relating to registered persons.
(6) Any application for registration as a
medical laboratory technician that is pending under the principal Law
immediately before the commencement of Article 8(2) of this Law shall, after
the commencement of that Article, be treated and dealt with as an application
for registration as a biomedical scientist under the principal Law (as amended
by this Law).
ARTICLE 11
(1) This Law may be cited as the Health Care
(Registration) (Amendment) (Jersey) Law 2002.
(2) This Law shall come into force on such day
as the States may by Act appoint and different days may be appointed for
different provisions or different purposes of this Law.
C.M.
NEWCOMBE
Greffier of the
States.