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Regulation
of Care (Standards and Requirements) (Covid-19 – Temporary
Amendments) (Jersey) Regulations 2020
Made 24th March 2020
Coming into
force 25th March 2020
THE STATES make these Regulations under Articles 11, 14
and 30(3) of the Regulation of Care (Jersey) Law 2014[1] and after the Chief Minister
having consulted the Health and Social Care Commission and in accordance with
Article 14(9) –
1 Amendment of Regulation of
Care (Standards and Requirements) (Jersey) Regulations 2018
The Regulation of Care
(Standards and Requirements) (Jersey) Regulations 2018[2] are amended in accordance with the following provisions of these
Regulations.
2 Regulation 3A inserted
After Regulation 3 there is inserted –
“3A Modification of application
of Regulation 3 due to outbreak of Covid-19
(1) Paragraph (2) applies if –
(a) a registered provider is unable to comply with any of the relevant
conditions of the provider’s registration imposed under Regulation 3 as a
direct or indirect result of the outbreak of Covid-19 in Jersey; and
(b) the registered provider notifies the Commission of the
conditions that the provider is unable to comply with.
3 Regulation 17A inserted
After Regulation 17
there is inserted –
“17A Modification of application of
Regulation 17 due to outbreak of Covid-19
(1) Paragraph (2) applies if –
(a) a registered person has put in place a plan
to mitigate the effects of a shortage of persons who are suitably qualified,
skilled, competent and experienced for the duties to which they are assigned as
a direct or indirect result of the outbreak of Covid-19 in Jersey; and
(b) the registered person has reasonable
grounds for declaring to the Commission that, due to that outbreak, the registered
person is nevertheless still unable to comply with any relevant requirement.
(2) Where this paragraph applies, any relevant requirements
that the registered person is unable to comply with do not apply to the
registered person for a period of 3 months.
(3) Paragraph (2) also applies if at the
end of that or any subsequent 3-month period, the registered person again satisfies
the conditions set out in paragraph (1).
(4) Regulation 17(2) has effect as if
after “A person is not a fit person if” there is inserted “the registered person, having made reasonable enquiries of the
person knows or has reason to suspect that”.
(5) In this Regulation “relevant requirements”
means the requirements set out in Regulation 17(1)(a), (3) and (4).”.
4 Regulation 32A inserted
After Regulation 32
there is inserted –
“32A Modification of application of
Regulation 32 due to outbreak of Covid-19
The Commission need not comply with Regulation 32(1) if –
(a) the Commission is unable to carry out the
required inspection as a direct or indirect result of the outbreak of Covid-19
in Jersey, whether or not this is due to there being an insufficient number of
inspectors available;
(b) the Commission notifies the Chief Minister of
the failure to comply and the reason for it; and
(c) the required inspection is carried out
within 2 years of the date of the last such inspection.”.
5 Regulation 34A inserted
After Article 34 there is
inserted –
“34A Expiry of Regulations 3A, 17A
and 32A
Regulations 3A, 17A and 32A expire on 30th September 2020.”.
6 Citation and commencement
These Regulations may be
cited as the Regulation of Care (Standards and Requirements) (Covid-19 – Temporary Amendments) (Jersey) Regulations 2020
and come into force on the day after they are made.
l.-m. hart
Deputy Greffier of the States