Mental Health and
Capacity (Consequential Amendment and Transitional Provision) (Jersey)
Regulations 2018
Made 9th April 2018
Coming into force in
accordance with Regulation 66
THE STATES, in pursuance of Article 94 of the Mental Health (Jersey) Law 2016[1] and Article 69 of the
Capacity and Self-Determination (Jersey) Law 2016[2], have made the following Regulations –
1 Jersey Potato Export Marketing Scheme 2001
(Approval) (Jersey) Act 2001 amended
In the scheme set out in the
Schedule to the Jersey Potato Export Marketing Scheme 2001 (Approval)
(Jersey) Act 2001[3] –
(a) for
paragraph 9(b) there shall be substituted the following sub-paragraph –
“(b) if, under Part 4 of the
Capacity and Self-Determination (Jersey) Law 2016[4], a delegate is appointed in relation to the member;”;
(b) in
paragraph 54 for the word “curator” there shall be substituted
the word “delegate”.
2 Milk
Marketing Scheme (Approval) (Jersey) Act 1954 amended
In the scheme set out in the
Schedule to the Milk Marketing Scheme (Approval) (Jersey) Act 1954[5] –
(a) for
paragraph 8(2) there shall be substituted the following sub-paragraph –
“(2) if, under Part 4 of the
Capacity and Self-Determination (Jersey) Law 2016[6], a delegate is appointed in relation to the member;”;
(b) in
paragraph 56 for the word “curator” there shall be substituted
the word “delegate”.
3 Agriculture
(Loans) (Jersey) Regulations 1974 amended
For Regulation 3(4)(d) of the
Agriculture (Loans) (Jersey) Regulations 1974[7], there shall be substituted the following sub-paragraph –
“(d) under Part 4 of the
Capacity and Self-Determination (Jersey) Law 2016[8], a delegate is appointed in relation to that person.”.
4 Bankruptcy
(Désastre) (Jersey) Law 1990 amended
In Article 24(1) of the
Bankruptcy (Désastre) (Jersey) Law 1990[9], in the definition “private office” for the word
“curator” there shall be substituted the word
“delegate”.
5 Powers of Attorney (Jersey)
Law 1995 amended
In the Powers of Attorney (Jersey) Law 1995[10] –
(a) the
existing text of Article 1 shall be numbered as paragraph (1);
(b) after
that paragraph there shall be inserted the following paragraph –
“(2) In Article 2, 6, 8 and
9, ‘power of attorney’ does not include a lasting power of attorney
within the meaning given by Article 11 of the Capacity and
Self-Determination (Jersey) Law 2016[11].”;
(c) in Article 3(1)
after the words “A power of attorney” there shall be inserted the
words “(other than a lasting power of attorney created and registered
under Part 2 of the Capacity and Self-Determination (Jersey) Law 2016)”.
6 Employment
(Jersey) Law 2003
amended
In Article 90(11) of the
Employment (Jersey) Law 2003[12], in paragraph (g) of the definition “sexual
offence” for the words “Article 38 of the Mental Health
(Jersey) Law 1969” there shall be substituted the words “Articles 74
to 76 of the Mental Health (Jersey) Law 2016[13]”.
7 Employment
and Discrimination Tribunal (Jersey) Regulations 2014 amended
In Regulation 6(3) of the
Employment and Discrimination Tribunal (Jersey) Regulations 2014[14] –
(a) for
sub-paragraph (b) there shall be substituted the following sub-paragraph –
“(b) on the appointment of a
delegate, under Part 4 of the Capacity and Self-Determination (Jersey) Law 2016[15], in relation to the member;”;
(b) in
sub-paragraph (c) for the word “1969” there shall be
substituted the word “2016”.
8 Supply
of Goods and Services (Jersey) Law 2009 amended
In Article 12(3) of the Supply
of Goods and Services (Jersey) Law 2009[16] for the words “mental incapacity” there shall be
substituted the words “a lack of capacity (within the meaning given by Article 4
of the Capacity and Self-Determination (Jersey) Law 2016[17])”.
9 Court
of Appeal (Jersey) Law 1961 amended
In the Court of Appeal (Jersey) Law 1961[18] –
(a) in
Article 27(3) for the words “he or she was insane at the time that
the act was done or the omission made,” there shall be substituted the
words “at the time the act was done or the omission made, he or she
suffered from a mental disorder (within the meaning given by Article 1 of
the Mental Health (Jersey) Law 2016[19])”;
(b) in
Article 28(4) for the word “1969” there shall be substituted the
word “2016”.
10 Inquests
and Post-Mortem Examinations (Jersey) Law 1995 amended
In Article 2 of the Inquests
and Post-Mortem Examinations (Jersey) Law 1995[20] –
(a) at
the end of paragraph (3) after the word “Viscount” there shall
be inserted the words “(but, for the purposes of this paragraph, a person
shall not be taken to be in a legal place of detention by virtue only of the
fact that the person is subject to a significant restriction on his or her
liberty under Part 5 of the Capacity and Self-Determination (Jersey) Law 2016[21])”;
(b) for
paragraph (4) there shall be substituted the following paragraph –
“(4) Where a person dies while –
(a) a patient in an
approved establishment within the meaning of the Mental Health (Jersey) Law 2016[22]; or
(b) accommodated in a
children’s or voluntary home within the meaning of the Children (Jersey)
Law 2002[23],
the
managers of the approved establishment or (as the case may be) the person in
charge of the home shall immediately notify a police officer of the facts and
circumstances relating to the death, and the police officer shall as soon as
reasonably practicable notify the Viscount of those facts and
circumstances.”.
11 The
Law Society of Jersey Law 2005 amended
In the Law Society of
Jersey Law 2005[24] –
(a) for each of Articles 12(1)(e) and 19(4)(e)
there shall be substituted the following sub-paragraph –
“(e) on
the appointment of a delegate, under Part 4 of the Capacity and
Self-Determination (Jersey) Law 2016[25], in relation to the member;”;
(b) in Articles 12(1)(f) and 19(4)(f),
for the reference to the Mental Health (Jersey) Law 1969 in each place
there shall be substituted a reference to the Mental Health (Jersey) Law 2016[26].
12 Royal Court
(Jersey) Law 1948 amended
In the Royal Court (Jersey)
Law 1948[27] –
(a) for Article 3(c) there shall be
substituted the following paragraph –
“(c) under
Part 4 of the Capacity and Self-Determination (Jersey) Law 2016[28], a delegate is appointed in relation to that person;”;
(b) in Article 9(1) for the words “unable,
through physical or mental incapacity, or for any other reason,” there
shall be substituted the words “unable (through physical incapacity or a
lack of capacity within the meaning of Article 4 of the Capacity and
Self-Determination (Jersey) Law 2016, or for any other reason)”.
13 Loi
(1938) sur les honoraires des Jurés-Justiciers amended
In the Tarif to the Loi (1938) sur
les honoraires des Jurés-Justiciers[29], for the item “Curateurs” and the entries associated
with that item there shall be substituted the following item and entries –
|
“DÉLÉGUÉS
(Capacity and Self-Determination (Jersey) Law 2016[30])
|
|
|
|
|
Pour
l’examen d’une demande d’un délégué de
vendre, échanger, grever, donner ou disposer du bien de la personne
(“P”), telle demande étant faite conformément aux
conditions ou restrictions stipulées par la Cour en virtue de
l’Article 28(2) de la Loi de 2016.
|
£20
|
Demande de vendre, etc.
|
Greffier”.
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14 Criminal
Justice (Anonymity in Sexual Offence Cases) (Jersey) Law 2002 amended
In Article 2 of the Criminal
Justice (Anonymity in Sexual Offence Cases) (Jersey) Law 2002[31], for sub-paragraph (g) there shall be substituted the
following sub-paragraph –
“(g) any offence under any of Articles 74
to 76 of the Mental Health (Jersey) Law 2016[32];”.
15 Criminal
Justice (Evidence of Children) (Jersey) Law 2002 amended
In Article 2 of the Criminal
Justice (Evidence of Children) (Jersey) Law 2002[33] –
(a) for
paragraph (1)(b)(iii) there shall be substituted the following clause –
“(iii) Part 10 of the Mental Health (Jersey)
Law 2016[34],”;
(b) for
paragraph (2)(b) there shall be substituted the following sub-paragraph –
“(b) witness who is a patient
within the meaning of the Mental Health (Jersey) Law 2016 and capable of
giving evidence;”.
16 Rehabilitation of Offenders
(Jersey) Law 2001 amended
In Article 1(4)(b) of the
Rehabilitation of Offenders (Jersey) Law 2001[35] for the word “insanity” there shall be substituted the
words “incapacity under Part 8 of the Mental Health (Jersey) Law 2016[36]”.
17 Rehabilitation
of Offenders (Exceptions) (Jersey) Regulations 2002 amended
In the Rehabilitation of Offenders
(Exceptions) (Jersey) Regulations 2002[37] –
(a) in
Regulation 18, for sub-paragraph (1)(d) there shall be substituted
the following sub-paragraphs –
(i) as a delegate
under Part 4 of the Capacity and Self-Determination (Jersey) Law 2016[38], or
(ii) as a nearest
person under Part 2 of the Mental Health (Jersey) Law 2016[39];
(e) to exercise authority
conferred by a lasting power of attorney under Part 2 of the Capacity and
Self-Determination (Jersey) Law 2016;”;
(b) in
Regulation 23, for the word “1969” there shall be substituted
the word “2016”.
18 Education (Jersey) Law 1999
amended
In paragraph 6(2)(c) of Schedule 5,
and in paragraph 5(2)(c) of Schedule 6, to the Education (Jersey) Law 1999[40], for the word “curator” in each place there shall be
substituted the word “delegate”.
19 Gambling
(Channel Islands Lottery) (Jersey) Regulations 1975 amended
In Regulation 3(4) of
the Gambling (Channel Islands Lottery) (Jersey) Regulations 1975[41], for sub-paragraph (d) there shall be substituted the
following sub-paragraph –
“(d) under
Part 4 of the Capacity and Self-Determination (Jersey) Law 2016[42], a delegate is appointed in relation to the member;”.
20 Licensing
(Jersey) Law 1974 amended
In Article 18(1) of
the Licensing (Jersey) Law 1974[43], for sub-paragraph (c) there shall be substituted the
following sub-paragraph –
“(c) has
a delegate appointed under Part 4 of the Capacity and Self-Determination
(Jersey) Law 2016[44]; or”.
21 Places of
Refreshment (Jersey) Law 1967 amended
In Article 6(6) of the
Places of Refreshment (Jersey) Law 1967[45], for sub-paragraph (f) there shall be substituted the
following sub-paragraph –
“(f) has
a delegate appointed under Part 4 of the Capacity and Self-Determination
(Jersey) Law 2016[46] with authority to act for him or her in relation to such matters;
or”.
22 Adoption (Jersey)
Law 1961 amended
In the Adoption (Jersey) Law 1961[47] –
(a) in
Article 1(3A) after the words “a hospital” there shall be
inserted the words “, an approved establishment within the meaning given
by the Mental Health (Jersey) Law 2016[48]”;
(b) in
Article 33(2) –
(i) in sub-paragraph (a)(iii) after
the words “a hospital” there shall be inserted the words “or
approved establishment”,
(ii) in sub-paragraphs (b) and (c) for
the references to the Mental Health (Jersey) Law 1969 in each place there
shall be substituted references to the Mental Health (Jersey) Law 2016,
and
(iii) in paragraph (3) after the words
“sub-paragraph (2)” there shall be inserted the words
“ ‘approved establishment’,”.
23 Children
(Jersey) Law 2002 amended
In the Children (Jersey) Law 2002[49] –
(a) in
Article 1(1), in the definition “voluntary home”, in sub-paragraph (c)
after the words “a hospital” there shall be added the words
“or other approved establishment within the meaning given by the Mental
Health (Jersey) Law 2016[50]”;
(b) in
Article 58(2)(h) for the words “Part 2 of the Mental Health
(Jersey) Law 1969” there shall be substituted the words “Part 3
of the Mental Health (Jersey) Law 2016”;
(c) in
Article 72 –
(i) in paragraph (5)(c) for the words
“nearest relative or, if that person” there shall be substituted
the words “nearest person or, if the person so suffering”,
(ii) in paragraph (6) for the word
“relative” there shall be substituted the word
“person”, and
(iii) in paragraph (10), for the word
“relative” there shall be substituted the word
“person”, and for the word “1969” there shall be
substituted the word “2016”;
(d) in
Schedule 3, in paragraph 4(1)(b) for the words “under Part 2
of the Mental Health (Jersey) Law 1969” there shall be substituted
the words “Part 3 of the Mental Health (Jersey) Law 2016”.
24 Children
(Secure Accommodation) (Jersey) Order 2005 amended
In Article 5(1) of the
Children (Secure Accommodation) (Jersey) Order 2005[51] for the reference to the Mental Health (Jersey) Law 1969 there
shall be substituted a reference to the Mental Health (Jersey) Law 2016[52].
25 Children’s
Property and Tuteurs (Jersey) Law 2016 amended
In the Children’s
Property and Tuteurs (Jersey) Law 2016[53] –
(a) in Article 1 for the definition
“curator” there shall be substituted the following definition –
“ ‘delegate’ means a person appointed as such
under Part 4 of the Capacity and Self-Determination (Jersey) Law 2016[54];”;
(b) in Article 6(2) for the word
“curator” in each place in which it occurs there shall be
substituted the word “delegate”.
26 Civil Partnership
(Jersey) Law 2012 amended
In Article 1 of the
Civil Partnership (Jersey) Law 2012[55], in the definition “mental disorder” for the reference
to the Mental Health (Jersey) Law 1969 there shall be substituted a
reference to the Mental Health (Jersey) Law 2016[56].
27 Matrimonial
Causes (Jersey) Law 1949
amended
In the Matrimonial Causes (Jersey)
Law 1949[57] –
(a) in
Article 1 for the definition “mental disorder” there shall be
substituted the following definition –
“ ‘mental
disorder’ has the meaning given by Article 1(1) of the Mental Health
(Jersey) Law 2016[58];”;
(b) in
Article 2 for paragraphs (a) and (b) there shall be substituted the
following paragraphs –
“(a) the person is liable to be
detained in an approved establishment or other place of safety under the Mental
Health (Jersey) Law 2016, or is subject to a significant restriction on
his or her liberty under Part 5 of the Capacity and Self-Determination
(Jersey) Law 2016[59];
(b) the person is liable to
be detained in an a hospital, mental nursing home or place of safety under the
Mental Health Act 1983 or in a hospital or place of safety under the Mental
Health (Care and Treatment) (Scotland) Act 2003, being Acts of the
Parliament of the United Kingdom, as amended until the date
of commencement of the Mental Health (Jersey) Law 2016;”.
28 Companies
(Jersey) Law 1991 amended
In the Companies (Jersey) Law 1991[60] –
(a) in
Article 1 the definition “interdict” shall be deleted;
(b) in
Article 3(6), for the words “must not be a minor or an interdict.”
there shall be substituted the words “must not be –
(a) a minor;
(b) a person lacking
capacity, for and on behalf of whom another person is acting by authority of a
lasting power of attorney conferred under Part 2 of the Capacity and
Self-Determination (Jersey) Law 2016[61];
(c) a person in respect of
whom a delegate is appointed under Part 4 of the Capacity and
Self-Determination (Jersey) Law 2016.”;
(c) in
Article 3H(1)(a) for the word “insanity” there shall be
substituted the words “mental disorder”;
(d) in
the heading to Article 28 for the words “and interdicts” there
shall be substituted the word “etc.”;
(e) in
Article 28 for the words “A minor or an interdict” there shall
be substituted the words “A person mentioned in Article 3(6)(a) to
(c)”;
(f) in
Article 73 for sub-paragraph (3)(b) there shall be substituted the following
sub-paragraph –
“(b) is such a person as mentioned
in Article 3(6)(b) or (c)”; and
(g) in
Article 127YB(1)(a) for the word “insanity” there shall be
substituted the words “mental disorder”.
29 Companies
(Standard Table) (Jersey) Order 1992 amended
In paragraph 51 of the
Standard Table set out in the Schedule to the Companies (Standard Table)
(Jersey) Order 1992[62] –
(a) for the word “curator” in each
place in which it occurs there shall be substituted the word
“delegate”; and
(b) for the words “appointed by that
court” there shall be substituted the words “whether by a lasting
power of attorney under Part 2 of the Capacity and Self-Determination
(Jersey) Law 2016[63] or by appointment of that court”.
30 Financial
Services (Trust Company Business (Exemptions)) (Jersey) Order 2000 amended
In paragraph 17 of the
Schedule to the Financial Services (Trust Company Business (Exemptions))
(Jersey) Order 2000[64] –
(a) for the heading there shall be substituted
the following heading –
“Tuteurs, delegates etc.”;
(b) for the word “curator” there
shall be substituted the word “delegate”; and
(c) after the word “attorney,” there
shall be inserted the words “person on whom authority is conferred by a
lasting power of attorney under Part 2 of the Capacity and Self-Determination
(Jersey) Law 2016[65],”.
31 Foundations
(Jersey) Law 2009 amended
In Article 21(4) of
the Foundations (Jersey) Law 2009[66], for sub-paragraph (a) there shall be substituted the
following sub-paragraph –
“(a) a
person in respect of whom a delegate has been appointed under Part 4 of
the Capacity and Self-Determination (Jersey) Law 2016[67], or equivalent arrangements have been made under a corresponding
provision of the law of a jurisdiction other than Jersey; or”.
32 Trusts (Jersey)
Law 1984 amended
In Article 59 of the Trusts
(Jersey) Law 1984[68] –
(a) in
paragraph (1)(a) for the words “curator, tuteur,
or special and general attorney” there shall be substituted the words
“delegate, tuteur, special and general
attorney, or person acting under the authority of a lasting power of attorney
conferred under Part 2 of the Capacity and Self-Determination (Jersey) Law 2016[69]”;
(b) in
paragraph (3)(b) for the word “1969” there shall be
substituted the word “2016”.
33 Jersey
Overseas Aid Commission (Jersey) Law 2005
In paragraph 6.4 of Schedule 1
to the Jersey Overseas Aid Commission (Jersey) Law 2005[70], for sub-paragraph (b) there shall be substituted the
following sub-paragraph –
“(b) under Part 4 of the
Capacity and Self-Determination (Jersey) Law 2016[71], a delegate is appointed in relation to his or her property and
affairs;”.
34 States
of Jersey Law 2005 amended
In Article 8(1) of the States
of Jersey Law 2005[72], for sub-paragraphs (c) and (d) there shall be substituted the
following sub-paragraphs –
“(c) is detained in an approved
establishment or is subject to guardianship under the Mental Health (Jersey)
Law 2016[73];
(d) is a person in respect
of whom a delegate has been appointed under Part 4 of the Capacity and
Self-Determination (Jersey) Law 2016[74];”.
35 Dwelling-Houses
(Rent Control) (Jersey) Regulations 1946 amended
In Regulation 2(2) of the Dwelling-Houses (Rent Control)
(Jersey) Regulations 1946[75], for sub-paragraph (c)
there shall be substituted the following sub-paragraph –
“(c) if, under Part 4 of the
Capacity and Self-Determination (Jersey) Law 2016[76], a delegate is appointed
in relation to the chairman or member; or”.
36 Food
Safety (Jersey) Law 1966 amended
In Article 61 of the Food Safety (Jersey) Law 1966[77] for paragraph (f)
there shall be substituted the following paragraphs –
“(f) under Part 4 of the
Capacity and Self-Determination (Jersey) Law 2016[78], has a delegate appointed
in relation to him or her;
(fa) has decisions made on his or her behalf in
relation to his or her property and affairs, by a person exercising authority
to do so conferred by a lasting power of attorney under Part 2 of the
Capacity and Self-Determination (Jersey) Law 2016; or”.
37 Long-Term
Care Services (Health and Social Services Charges) (Jersey) Order 2014
amended
In Article 3 of the Long-Term Care Services (Health and Social
Services Charges) (Jersey) Order 2014[79] for the words “Article 6
or 7 of the Mental Health (Jersey) Law 1969” there shall be
substituted the words “Article 21 or 22 of the Mental Health
(Jersey) Law 2016[80]”.
38 Medicines
(Jersey) Law 1995 amended
In Article 71 of the Medicines (Jersey) Law 1995[81] –
(a) in paragraphs (1)(c),
(3)(c) and (4)(c) for the word “curator” in each place there shall
be substituted the word “delegate”;
(b) in paragraph (1)
the semi-colon and the word “or” at the end of sub-paragraph (b)
shall be deleted and after sub-paragraph (c) there shall be inserted the
following word and sub-paragraph –
“, or
(d) the pharmacist has decisions made on his or
her behalf in relation to his or her property and affairs, by a person
exercising authority to do so conferred by a lasting power of attorney under Part 2
of the Capacity and Self-Determination (Jersey) Law 2016[82],”;
(c) in paragraph (3)
for the comma at the end of sub-paragraph (c) there shall be substituted a
semi-colon, and after that sub-paragraph there shall be inserted the following
sub-paragraph –
“(d) in a case falling within paragraph (1)(d),
is a period of 3 years from the date on which the person on whom authority
is conferred by the lasting power of attorney commenced to exercise that
authority,”;
(d) after
paragraph (4)(c) there shall be added the following word and sub-paragraph –
“or
(d) in a case falling within paragraph (1)(d)
means the person on whom authority is conferred by the lasting power of
attorney.”.
39 Nursing and Residential
Homes (Jersey) Law 1994 amended
In the Nursing and Residential
Homes (Jersey) Law 1994[83] –
(a) in
Article 1 for the definitions “mental disorder” and
“mentally disordered” there shall be substituted the following
definition –
“ ‘mental
disorder’ has the meaning given by Article 1 of the Mental Health
(Jersey) Law 2016[84];”;
(b) in
Articles 4(5)(c), 13(3), and 15(2)(e) and (f) for the word “1969”
in each place in which it occurs there shall be substituted the word “2016”;
(c) in
Article 19(3) for the words “Article 19 of the Mental Health
(Jersey) Law 1969” there shall be substituted the words “Article 53
of the Mental Health (Jersey) Law 2016”;
(d) in
Article 19(6) for the words “Article 19 or 40 of the Mental
Health (Jersey) Law 1969” there shall be substituted the words
“Article 53 or 92 of the Mental Health (Jersey) Law 2016”;
and
(e) in
the Schedule –
(i) paragraph 3, and
(ii) in paragraph 7, the definition
“1969 Law” shall be deleted.
40 Nursing
Homes and Mental Nursing Homes (General Provisions) (Jersey) Order 1995
amended
In Article 6(10) of the
Nursing Homes and Mental Nursing Homes (General Provisions) (Jersey) Order 1995[85] for the word “1969” there shall be substituted the word
“2016”.
41 Building
Bye-laws (Jersey) 2007 amended
In bye-law 1(1) in the Building
Bye-laws (Jersey) 2007[86], in the definition “institution” for paragraph (a)
there shall be substituted the following paragraph –
“(a) suffering from disabilities
due to illness, old age or physical incapacity, or a lack of capacity within
the meaning of Article 4 of the Capacity and Self-Determination (Jersey)
Law 2016[87]; or”.
42 Planning
and Building (Jersey) Law 2002 amended
In Article 1(1) of the
Planning and Building (Jersey) Law 2002[88], in the definition “owner” for paragraph (d) there
shall be substituted the following paragraph –
“(d) a delegate appointed, under Part 4
of the Capacity and Self-Determination (Jersey) Law 2016[89], in relation to a person; and”.
43 Police
Procedures and Criminal Evidence (Jersey) Law 2003 amended
In the Police Procedures and
Criminal Evidence (Jersey) Law 2003[90] –
(a) in
Article 93(2) for the words “or fitness to plead” there shall
be substituted the words “, or incapacity of a defendant under Article 57
of the Mental Health (Jersey) Law 2016[91],”;
(b) in
the table in Schedule 3, for the item and entry relating to the Mental
Health (Jersey) Law 1969 there shall be substituted the following item and
entry –
44 Police
Procedures and Criminal Evidence (Codes of Practice) (Jersey) Order 2004
amended
In Code C of the Police Procedures
and Criminal Evidence (Codes of Practice) (Jersey) Order 2004[92] –
(a) in
paragraph 1.10 for the word “1969” there shall be substituted
the word “2016”;
(b) in
guidance note 1I for the sentence beginning “ ‘Mental
disorder’ ” there shall be substituted the following sentence –
“ ‘Mental
disorder’ is defined by Article 1(1) of the Mental Health (Jersey)
Law 2016[93] as any disorder of disability of the mind, not including a learning
disability (unless the person suffering that disability shows abnormally
aggressive or seriously irresponsible conduct), nor dependence on alcohol or
drugs.”;
(c) in
paragraph 3.11 for the words “of the Mental Health (Jersey) Law 1969”
there shall be substituted the words “Part 5 of the Mental Health
(Jersey) Law 2016”;
(d) in
paragraph 6 of Annex E for the word “1969” there shall be
substituted the word “2016”.
45 Sex
Offenders (Jersey) Law 2010 amended
In the Sex Offenders (Jersey) Law 2010[94] –
(a) in
Article 1(2)(b) for the words “insanity or infirmity of mind”
there shall be substituted the words “mental disorder within the meaning
given by Article 1 of the Mental Health (Jersey) Law 2016[95]”;
(b) for
Article 1(2)(c) there shall be substituted the following sub-paragraph –
“(c) was found incapable, under Part 8
of that Law, of participating in proceedings but a court has determined that
the person did the act alleged,”;
(c) in
Article 2(1)(d) the words “, 4.2 (sexual intercourse with a mentally
deranged or retarded person)” shall be deleted;
(d) for
Article 2(1)(f) there shall be substituted the following sub-paragraph –
“(f) an offence under Article 74
(sexual offences: prohibited acts), 75 (sexual offences: coercion) or 76
(sexual offences: relationship of care) of the Mental Health (Jersey) Law 2016;”.
46 States
of Jersey Police Force Law 2012 amended
In Article 5(9)(d) of the States of Jersey Police Force Law 2012[96] for the words
“physical or mental incapacity” there shall be substituted the
words “physical incapacity or a lack of capacity within the meaning of Article 4
of the Capacity and Self-Determination (Jersey) Law 2016[97]”.
47 Comptroller
and Auditor General (Jersey) Law 2014 amended
In Article 8(2) of the Comptroller and Auditor General (Jersey)
Law 2014[98] –
(a) in
sub-paragraph (f) for the word “1969” there shall be
substituted the word “2016”;
(b) for
sub-paragraph (g) there shall be substituted the following sub-paragraph –
“(g) under Part 4 of the
Capacity and Self-Determination (Jersey) Law 2016[99], has a delegate appointed
in relation to him or her;”.
48 Income
Tax (Jersey) Law 1961 amended
In Articles 121(2), 122B(2), 124(1) and 127 of the Income Tax
(Jersey) Law 1961[100], for the word
“curator” in each place in which it occurs there shall be
substituted the word “delegate”.
49 Stamp
Duties and Fees (Jersey) Law 1998 amended
In Item 30 of the table in Part 1
of the Schedule to the Stamp Duties and Fees (Jersey) Law 1998[101] –
(a) in
the heading for the word “1969” there shall be substituted the word
“2016”;
(b) for
paragraph (a) and the entries relating to that paragraph there shall be
substituted the following paragraph and entries –
|
“(a)
|
Application to sell, exchange, gift
or dispose of P’s property, where such an application is required by
the Court further to conditions or restrictions imposed by the Court on such
sale, exchange etc. under Article 28(2) of the Capacity and Self-Determination
(Jersey) Law 2016[102] –
|
|
|
|
|
|
(i) in
the case of a professional application
|
rate F
|
Application
|
Greffier
|
|
|
(ii) in
any other case
|
rate I
|
Application
|
Greffier”;
|
(c) in
paragraph (b) for the words in the second column “Application for
appointment of acting nearest relative (Article 32)” there shall be
substituted the words “Application for appointment of nearest person (Article 11)”;
(d) in
paragraph (c) for the words “Application for discharge or variation
of order appointing acting nearest relative” there shall be substituted
the words “Application for discharge or variation of order appointing nearest
person (Article 12)”;
(e) paragraph (d)
and the entries relating to that paragraph shall be deleted.
50 Motor
Traffic (Jersey) Law 1935 amended
In Article 36 of the Motor
Traffic (Jersey) Law 1935[103] –
(a) in
paragraph (1)(b) for the words “Curator to” there shall be
substituted the words “delegate in relation to”;
(b) in
paragraph (2)(b) for the word “Curator” there shall be
substituted the word “delegate”.
51 Food
Costs Bonus (Jersey) Regulations 2016 amended
In paragraph 6 of the Schedule
to the Food Costs Bonus (Jersey) Regulations 2016[104] –
(a) in
sub-paragraph (1)(a) for the words “Article 14 of the Mental
Health (Jersey) Law 1969” there shall be substituted the words
“Article 29 of the Mental Health (Jersey) Law 2016[105]”;
(b) for
sub-paragraph (1)(b) there shall be substituted the following
sub-paragraph –
“(b) does not have, acting on his
or her behalf –
(i) a delegate
appointed under Part 4 of the Capacity and Self-Determination (Jersey) Law 2016[106], or
(ii) a person acting
under the authority of a lasting power of attorney conferred under Part 2
of that Law,”;
(c) in
sub-paragraph (2)(a) for the words “has a curator appointed”
there shall be substituted the words “has appointed, in relation to him
or her, such a person as mentioned in paragraph (1)(b)”.
52 Health
Insurance (Jersey) Law 1967 amended
In Schedule 1 to the Health Insurance (Jersey) Law 1967[107] for paragraph 4(2)(c)
there shall be substituted the following clause –
“(c) if, under Part 4 of the
Capacity and Self-Determination (Jersey) Law 2016[108], a delegate is appointed
in relation to the chairman or member; or”.
53 Health
Insurance (Medical Benefit) (General Provisions) (Jersey) Order 1967
amended
In the Health Insurance (Medical
Benefit) (General Provisions) (Jersey) Order 1967[109] –
(a) in
Article 13(1)(c) for the words “any mental incapacity” there
shall be substituted the words “a lack of capacity within the meaning of Article 4
of the Capacity and Self-Determination (Jersey) Law 2016[110]”;
(b) in
Article 17 –
(i) in sub-paragraph (1)(a) for the
words “Article 14 of the Mental Health (Jersey) Law 1969”
there shall be substituted the words “Article 29 of the Mental
Health (Jersey) Law 2016[111]”,
(ii) for sub-paragraph (1)(b) there
shall be substituted the following sub-paragraph –
“(b) does not have, acting on his
or her behalf –
(i) a delegate
appointed under Part 4 of the Capacity and Self-Determination (Jersey) Law 2016,
or
(ii) a person acting
under the authority of a lasting power of attorney conferred under Part 2
of that Law; and”;
(iii) in sub-paragraph (2)(a) for the words
“has a curator or tuteur appointed”
there shall be substituted the words “has appointed, in relation to him
or her, such a person as mentioned in paragraph (1)(b) or a tuteur”.
54 Health
Insurance (Pharmaceutical Benefit Advisory Committee) (Jersey) Order 2017
For Article 3(2)(b) of the
Health Insurance (Pharmaceutical Benefit Advisory Committee) (Jersey) Order 2017[112] there shall be substituted the following sub-paragraph –
“(b) if, under Part 4 of the
Capacity and Self-Determination (Jersey) Law 2016[113], a delegate is appointed in relation to the chairperson or member;
or”.
55 Income
Support (General Provisions) (Jersey) Order 2008 amended
In the Income Support (General
Provisions) (Jersey) Order 2008[114] –
(a) in
Article 9 –
(i) in sub-paragraph (1)(a) for the
words “Article 14 of the Mental Health (Jersey) Law 1969”
there shall be substituted the words “Article 29 of the Mental
Health Law 2016[115]”,
(ii) for sub-paragraph (1)(b) there
shall be substituted the following sub-paragraph –
“(b) does not have, acting on his
or her behalf –
(i) a delegate
appointed under Part 4 of the Capacity and Self-Determination (Jersey) Law 2016[116], or
(ii) a person acting
under the authority of a lasting power of attorney conferred under Part 2
of that Law; and”;
(iii) in sub-paragraph (2)(a) for the words
“has a curator or tuteur appointed”
there shall be substituted the words “has appointed, in relation to him
or her, such a person as mentioned in paragraph (1)(b) or a tuteur”;
(b) in
Article 15(6) –
(i) for sub-paragraph (b) there shall
be substituted the following sub-paragraph –
“(b) on the appointment, under Part 4
of the Capacity and Self-Determination (Jersey) Law 2016, of a delegate in
relation to the member;”, and
(ii) in sub-paragraph (c) for the word
“1969” there shall be substituted the word “2016”.
56 Long-term
Care (General Provisions) (Jersey) Order 2014 amended
In Article 8 of the Long-term Care (General Provisions)
(Jersey) Order 2014[117] –
(a) in
sub-paragraph (3)(a) for the words “Article 14 of the Mental
Health (Jersey) Law 1969” there shall be substituted the words
“Article 29 of the Mental Health (Jersey) Law 2016[118]”;
(b) for
sub-paragraph (3)(b) there shall be substituted the following
sub-paragraph –
“(b) does not have, acting on his
or her behalf –
(i) a
delegate appointed under Part 4 of the Capacity and Self-Determination
(Jersey) Law 2016[119], or
(ii) a
person acting under the authority of a lasting power of attorney conferred
under Part 2 of that Law; or”;
(c) in
sub-paragraph (4)(a) for the words “has a curator or tuteur appointed” there shall be substituted
the words “has appointed, in relation to him or her, such a person as mentioned
in paragraph (3)(b) or a tuteur”.
57 Social
Security (Bonus) (Jersey) Law 2014 amended
In paragraph 8 of the Schedule to the Social Security (Bonus)
(Jersey) Law 2014[120] –
(a) in
sub-paragraph (1)(a) for the words “Article 14 of the Mental
Health (Jersey) Law 1969” there shall be substituted the words
“Article 29 of the Mental Health (Jersey) Law 2016[121]”;
(b) for
sub-paragraph (1)(b) there shall be substituted the following sub-paragraph –
“(b) does not have, acting on his
or her behalf –
(i) a
delegate appointed under Part 4 of the Capacity and Self-Determination
(Jersey) Law 2016[122], or
(ii) a
person acting under the authority of a lasting power of attorney conferred
under Part 2 of that Law; and”;
(c) in
sub-paragraph (2)(a) for the words “has a curator or tuteur appointed” there shall be substituted
the words “has appointed, in relation to him or her, such a person as
mentioned in paragraph (3)(b) or a tuteur”.
58 Social
Security (Christmas Bonus) (Jersey) Regulations 2016 amended
In Regulation 6(3) of the Social Security (Christmas Bonus)
(Jersey) Regulations 2016[123] –
(a) in sub-paragraph (a)
for the words “Article 14 of the Mental Health (Jersey) Law 1969”
there shall be substituted the words “Article 29 of the Mental
Health (Jersey) Law 2016[124]”;
(b) for
sub-paragraph (b) there shall be substituted the following sub-paragraph –
“(b) is a person in respect of
whom –
(i) a
delegate has been appointed under Part 4 of the Capacity and
Self-Determination (Jersey) Law 2016[125], or
(ii) a
person is acting under the authority of a lasting power of attorney conferred
under Part 2 of that Law.”.
59 Social
Security (Health Bonus Scheme) Regulations 2016 amended
In Regulation 10 of the Social Security (Health Bonus Scheme)
(Jersey) Regulations 2016[126] –
(a) in paragraph (3)(a)
for the words “Article 14 of the Mental Health (Jersey) Law 1969”
there shall be substituted the words “Article 29 of the Mental
Health (Jersey) Law 2016[127]”;
(b) for
sub-paragraph (3)(b) there shall be substituted the following
sub-paragraph –
“(b) is a person in respect of
whom –
(i) a
delegate has been appointed under Part 4 of the Capacity and
Self-Determination (Jersey) Law 2016[128], or
(ii) a
person is acting under the authority of a lasting power of attorney conferred
under Part 2 of that Law; or”;
(c) in
sub-paragraph (4)(a) for the words “has a curator or tuteur appointed as specified in paragraph (3)”
there shall be substituted the words “has appointed, in relation to him
or her, such a person as mentioned in paragraph (3)(b) or a tuteur”.
60 Social
Security (Claims and Payments) (Jersey) Order 1974 amended
In Article 16 of the Social
Security (Claims and Payments) (Jersey) Order 1974[129] –
(a) in
sub-paragraph (1)(a) for the words “Article 14 of the Mental
Health (Jersey) Law 1969” there shall be substituted the words
“Article 29 of the Mental Health (Jersey) Law 2016[130]”;
(b) for
sub-paragraph (1)(b) there shall be substituted the following sub-paragraph –
“(b) does not have, acting on his
or her behalf –
(i) a delegate
appointed under Part 4 of the Capacity and Self-Determination (Jersey) Law 2016[131], or
(ii) a person acting
under the authority of a lasting power of attorney conferred under Part 2
of that Law; and”;
(c) in
sub-paragraph (2)(a) for the words “has a curator or tuteur appointed” there shall be substituted
the words “has appointed, in relation to him or her, such a person as
mentioned in paragraph (1)(b) or a tuteur”.
61 Social
Security (Determination of Claims and Questions) (Jersey) Order 1974
amended
In Article 8(6) of the Social
Security (Determination of Claims and Questions) (Jersey) Order 1974[132] –
(a) for
sub-paragraph (b) there shall be substituted the following sub-paragraph –
“(b) on the appointment, under Part 4
of the Capacity and Self-Determination (Jersey) Law 2016[133], of a delegate in relation to the member;”;
(b) in
sub-paragraph (c) for the word “1969” there shall be
substituted the word “2016”.
62 Social
Security (Determination of Disablement Questions) (Jersey) Order 1974
amended
In Article 6(6) of the Social
Security (Determination of Disablement Questions) (Jersey) Order 1974[134] –
(a) for
sub-paragraph (b) there shall be substituted the following sub-paragraph –
“(b) on the appointment, under Part 4
of the Capacity and Self-Determination (Jersey) Law 2016[135], of a delegate in relation to the member;”;
(b) in
sub-paragraph (c) for the word “1969” there shall be
substituted the word “2016”.
63 Social
Security Advisory Council (Jersey) Order 1992 amended
In Article 4(2) of the Social
Security Advisory Council (Jersey) Order 1992[136] for sub-paragraph (c) there shall be substituted the following
sub-paragraph –
“(c) if, under Part 4 of the
Capacity and Self-Determination (Jersey) Law 2016[137], a delegate is appointed in relation to the chairman or member;
or”.
64 Social
Security (Television Licence Benefit) (Jersey) Regulations 2009 amended
In Regulation 9 of the Social
Security (Television Licence Benefit) (Jersey) Regulations 2009[138] –
(a) for
paragraph (3)(b) there shall be substituted the following sub-paragraph –
“(b) if, in relation to the
senior, a guardian has been appointed under Part 4 of the Mental Health
(Jersey) Law 2016[139], or –
(ii) a delegate has
been appointed under Part 4 of the Capacity and Self-Determination
(Jersey) Law 2016[140], or
(iii) a person is acting
under the authority of a lasting power of attorney conferred under Part 2
of that Law,
with
power to act on the senior’s behalf in respect of the application under paragraph (1).”;
(b) in
paragraph (5) for the word “curator” there shall be
substituted the word “delegate” and at the end for the full stop there
shall be substituted a c comma, and there shall be added the words “or
that the senior has conferred authority on another person under a lasting power
of attorney as described in paragraph (3)(b)(iii).”.
65 Transitional
and saving provisions
(1) Notwithstanding
the repeal, by Article 97(1) of the Mental Health (Jersey Law 2016[141] (the “2016 Law”), of the Mental Health (Jersey) Law 1969[142] (the “1969 Law”), the provisions of the 1969 Law
mentioned in paragraphs (2) to (7) shall continue in effect as and to the
extent described in those paragraphs.
(2) An
admission of a person for observation, under Article 6 of the 1969 Law,
which is in effect immediately before the commencement of the 2016 Law, shall
continue to have effect –
(a) as if it were an admission of that person
for assessment under Article 21 of the 2016 Law;
(b) for a period not exceeding 28 days beginning
with the day on which the application under the 1969 Law was made.
(3) An
admission of a person for treatment, under Article 7 of the 1969 Law,
which is in effect immediately before the commencement of the 2016 Law, shall
continue to have effect –
(a) as if it were an admission of that person
for treatment under Article 22 of the 2016 Law;
(b) for a period not exceeding 6 months
beginning with the day on which the application under the 1969 Law was
made.
(4) Without
prejudice to the specificity of paragraphs (2) and (3), a person’s
liability to detention under Part 2 of the 1969 Law shall be deemed
to continue subject to any arrangements as to leave of absence granted under Article 20
of that Law, but otherwise as though it were liability to detention under Part 3
of the 2016 Law.
(5) Where,
immediately before the commencement of the 2016 Law, an application for an
admission such as described in paragraph (2) or (3) has been made but not
determined, the application shall be treated –
(a) in the case of an application made under Article 6
of the 1969 Law, as though it were made under Article 21 of the 2016 Law;
and
(b) in the case of an application made under Article 7
of the 1969 Law, as though it were made under Article 22 of the 2016 Law,
and for the purposes of
determining such an application the Minister may request the submission of such
further particulars of the application or other information or documents as the
Minister may reasonably specify.
(6) Where,
immediately before the commencement of the 2016 Law, a person is subject
to guardianship pursuant to Article 16 of the 1969 Law, that person
shall continue to be subject to guardianship –
(a) as though he or she had been received into
guardianship under Article 30 of the 2016 Law;
(b) for a period not exceeding 6 months
from the date on which the application for guardianship of that person was made
under Article 14 of the 1969 Law.
(7) Where,
immediately before the commencement of the 2016 Law, an application for
admission into guardianship has been made under Article 14 of the 1969 Law,
but not determined, the application shall be treated as though it were an
application for admission into guardianship under Article 29 of the 2016 Law,
and for the purposes of determining such an application the Minister may
request the submission of such further particulars of the application or other
information or documents as the Minister may reasonably specify.
(8) This Regulation shall –
(a) come into force immediately following the
commencement of the 2016 Law; and
(b) cease to have effect at the end of the
period of 6 months beginning with the date on which this Regulation comes
into force.
66 Citation
and commencement
These Regulations may be cited as
the Mental Health and Capacity (Consequential Amendment and Transitional
Provision) (Jersey) Regulations 2018 and (except for Regulation 65) shall
come into force immediately following the commencement of the Mental Health
(Jersey) Law 2016[143] or the Capacity and Self-Determination (Jersey) Law 2016[144], whichever is the later.
l.-m. hart
Deputy Greffier of the States