SCHEDULE 1
(Regulation 3)
Schedule 1 to law substituted
“Schedule 1
(Article 2(1))
regulated activities
Part 1
Interpretation provisions
for Schedule
1 Regulated activities
(1) The
activities described in this Schedule are regulated activities for the purposes
of Article 2.
(2) An
activity which is ancillary to, or is carried on wholly or mainly in relation
to, a regulated activity is treated as part of that activity.
“Adoption Law” means the Adoption
(Jersey) Law 1961;
“adult” means an individual who has attained the age of 18;
“care” means nursing care or social care;
“children” means individuals who have not attained the age of 18;
“children’s home” means a home consisting of a children’s home
service that provides residential accommodation only for children;
“Children Law” means the Children
(Jersey) Law 2002;
“foster care” means a placement described in Article 20(1)(a)
of the Children Law;
“Health Care Registration Law” means the Health Care
(Registration) (Jersey) Law 1995;
“hospital” means Jersey’s General Hospital and includes any site
from which the hospital provides services;
“looked after children” means children looked after by the Minister
for Children and Education as defined in Article 1A of the Children Law;
“Mental Health Law” means the Mental Health
(Jersey) Law 2016;
“Minister” in paragraphs 6 to 8 and 12, means the Minister for
Children and Education;
“parent” has the definition given in the Children Law and includes
any individual who has acquired parental responsibility in respect of a child
by virtue of an order made by the court under the Children Law, or who is a
child’s guardian appointed under Article 7 of that Law;
“parental responsibility” is construed in accordance with Article 3
of the Children Law;
“prison” means HM Prison La Moye;
“registrable occupation” means an occupation set out in the Schedule
to the Health Care Registration Law;
“social worker” means a person registered to
engage in that registrable occupation.
Part 2
Regulated activities: provision of care services
3 Adult day care service
(1) The
provision of an adult day care service is a regulated activity.
(2) An
“adult day care service” is a service providing premises other than private
accommodation –
(a) for adults only;
(b) for a limited number of
hours in any one day without overnight accommodation; and
(c) for care that is not
limited to social activities, self-help or advice.
(a) foster
care;
(b) the
hospital, subject to sub-paragraph (4);
(c) the
prison; or
(d) private
accommodation (not being accommodation provided purely in the context of the
provision of a care home service by the same person who provides that
accommodation) occupied exclusively by an individual receiving care and the
individual’s family.
(4) The
following services constitute a care home service even if they are operated
from the hospital –
(a) hospice
services;
(b) long-term
or respite nursing care services;
(c) residential
or respite services for people with learning difficulties or mental health
problems.
(5) Nothing
in this paragraph constitutes the provision of a children’s home service
regulated under paragraph 7 or a residential family centre service
regulated under paragraph 12.
(1) The
provision of a home care service is a regulated activity.
(2) However,
the provision of a home care service that is carried on exclusively by a
Minister is not a regulated activity.
(3) A
“home care service” is a service consisting of the provision of care by a
person to an individual in private accommodation (not being accommodation
provided purely in the context of the provision of a care home service by the
same person who provides that accommodation) –
(a) for reward (whether in
money or in kind and whether or not that person is a relative or friend of the individual
in receipt of the service); or
(b) as part of a professional
service offered to the individual free of charge.
(a) services provided by an
employment agency through which the provider of a home care service is
introduced to an individual requiring that service without the provider being
subject to any ongoing management or control, do not constitute the provision
of a home care service by that agency; and
(b) the following do not
constitute reward –
(i) the giving of birthday, Christmas and
other celebratory or thank-you gifts, the reimbursement of expenses or the
payment of, or a contribution towards, the cost of shared meals or travel by an
individual in receipt of the home care service to or for the benefit of the person
providing that service,
(ii) receipt of the special
component of income support under Article 5(3)(d) of the Income Support
(Jersey) Law 2007 (the carer’s component)
or the home carer’s allowance under Article 18A of the Social Security
(Jersey) Law 1974, or
(iii) any part of the value of
an approved care package within the meaning of Article 7 of the Long-Term Care
(Jersey) Law 2012 that is paid directly
to an unpaid carer who is caring otherwise than as the carer’s employment to
provide respite for the carer instead of being used to provide alternative care
to the individual receiving care.
(5) Nothing
in this paragraph constitutes the provision of a children and family community
nursing service regulated under paragraph 15.
(a) the Adoption Service
maintained by the Minister under Article 2 (establishment of Adoption
Service) of the Adoption Law; or
(b) a service provided by an approved adoption society (as defined in
sub-paragraphs (b) and (c) of the definition of that expression in the
Adoption Law) whether provided as part of the Adoption Service under Article 2(1)
and (3) of the Adoption Law, or independently.
7 Children’s home
service
(3) The
provision of accommodation and care in the following settings, which are
defined in the Children Law, constitute the provision of a children’s home
service –
(a) a children’s home;
(b) a voluntary home; and
(c) secure accommodation.
(4) However,
the provision of accommodation and care in the following settings does not
constitute a children’s home service –
(a) foster care;
(b) the hospital, subject to sub-paragraph (5); or
(c) private accommodation (not being accommodation provided purely
in the context of the provision of a children’s home service by the same person
who provides that accommodation) occupied exclusively by a child receiving care
and the child’s family.
(5) The
following services constitute a children’s home service even if they are
operated from the hospital –
(a) hospice services;
(b) long-term or respite nursing care services;
(c) residential or respite services for children or young people with
learning difficulties or mental health problems; or
(d) services provided in a
children’s home, voluntary home or secure accommodation.
(6) In
this paragraph “young people” means individuals who have attained the age of 18
but are under the age of 22.
(3) In
sub-paragraph (2)(b) “privately fostered children” has the meaning given
in Article 58 of the Children Law.
9 Social work service
for children and young people
(3) The
activities described in sub-paragraph (2) –
(a) include any whichmay be required in the discharge of any
Minister’s functions under any enactment in relation to children or young
people; but
(b) do not include the activities
regulated under paragraphs 13 and 14.
10 Independent monitoring
and review service in respect of looked after children’s cases
The provision of a service under the direction or supervision of a
social worker for the independent monitoring and review of looked after children’s
cases, is a regulated activity.
11 Child contact centre
service
(1) The
provision of a child contact centre service is a regulated activity.
(2) A
“child contact centre service” is a service providing premises for facilitating
contact between a child and any of the following people who do not live with the
child –
(a) the child’s mother or
father;
(b) a relative (as defined in
the Children Law); or
(c) a friend.
(3) However,
the provision of premises, by a social work service for children and young
people, for facilitating contact between a child and any of the people
mentioned in sub-paragraph (2), does not constitute a child contact centre
service.
12 Residential family
centre service
(1) The
provision of a residential family centre service is a regulated activity.
(2) A
“residential family centre service” is a service providing residential accommodation
for children and their parents at which –
(a) the parents’ capacity to respond to the children’s needs and to
safeguard their welfare is monitored or assessed; and
(b) the parents are given such advice, guidance or counselling as is
considered necessary.
(3) In
sub-paragraph (2) “parent” includes –
(a) in relation to a child
who is not looked after by the Minister, any person who is looking after that
child;
(b) in relation to a child
who is looked after by the Minister, any person described in Regulation 6(1)(a)
to (c) of the Children
(Placement) (Jersey) Regulations 2005.
13 Children and young
people’s mental health service
(a) children; or
(b) young people –
(i) who received those services before the age
of 18 and for whom there is ongoing provision of treatment services after the
age of 18, and
(ii) who have not been
referred for treatment as an adult.
“approved establishment” is construed in accordance with Article 5
of the Mental Health Law;
“general medical practice” has the definition given in Article 1(4)
of the Health Insurance
(Jersey) Law 1967;
“treatment” has the definition given in the Mental Health Law;
“treatment services” includes services provided in the community for
the family of a child or young person in connection with that child’s or young
person’s mental health condition;
“young people” means individuals who have attained the age of 18
but are under the age of 25.
14 Care service in special
schools
(1) The
provision of a care service in a special school is a regulated activity.
(2) In
this paragraph –
(a) “care service” means a
service providing health care or social care;
(b) “special school” has the definition
given in Article 4(4) of the Education
(Jersey) Law 1999.
15 Children and family
community nursing service
(1) The
provision of a children and family community nursing
service is a regulated activity.
(2) A
“children and family community nursing service” is a service providing health
care to children and their families by, or under the direction or supervision
of, a specialist community public health nurse, or a nurse –
(a) in a community setting;
(b) in a family home; or
(c) in a school.
(3) In
this paragraph a “specialist community public health nurse” is a person
registered to engage in that registrable occupation holding a qualification
prescribed in the Schedule to the Health Care
(Registration) (Prescribed Qualifications) (Jersey) Order 2003.
(4) Nothing
in this paragraph constitutes the provision of a care service regulated under
paragraph 14.”.
SCHEDULE 2
(Regulation 4)
Consequential
amendments
1 Adoption
(Jersey) Law 1961
In
the Adoption
(Jersey) Law 1961 –
(a) in
Article 1(1) (interpretation) –
(i) before
the definition “adoption order” there is inserted –
“ “Adoption and Children Act” means the Adoption and Children Act 2002 of the United Kingdom;”,
(ii) in
sub-paragraph (b) of the definition “approved adoption society”, “(c.38)
of the United Kingdom” is deleted;
(b) in
Article 5 (duty to use approved adoption societies) –
(i) in
the heading, for “approved”, there is substituted “registered”,
(ii) for “an adoption society
approved under the Adoption Act 1976 (c.36) of the United Kingdom” there
is substituted “a registered adoption society as defined in section 2 of
the Adoption and Children Act”;
(c) in
Article 33 (meaning of protected child), in paragraph (2)(b)(ii), for
“a care home service within the meaning of
paragraph 1(2)” there is
substituted “a care home service within the meaning of
paragraph 4 or a children’s
home service within the meaning of paragraph 7”.
2 Lodging
Houses (General Provisions) (Jersey) Order 1962
In Article 2(e)
(exemptions from registration provisions) of the Lodging
Houses (General Provisions) (Jersey) Order 1962, for “paragraph 1(2)” there is substituted “paragraph 4,
or children’s home service within the meaning of paragraph 7”.
3 Inquests and Post-Mortem Examinations (Jersey) Law 1995
In
Article 2(4)(b) (duty to notify death) of the Inquests and
Post-Mortem Examinations (Jersey) Law 1995 for “paragraph 1(2)” there is substituted “paragraph 4”.
4 Children (Jersey) Law 2002
In the Children
(Jersey) Law 2002 –
(a) in
Article 1(1) (interpretation) –
(i) for the definition “care home service”
there is substituted –
(ii) after the definition
“children’s home” there is inserted –
(b) in
Article 20(1)(b) (provision of
accommodation and maintenance by Minister for children whom Minister is looking
after), “exclusively or” is deleted;
(c) in Article 21 (advice and assistance for certain children) –
(i) in paragraph (2)(c), for “any nursing
home” there is substituted “children’s home service”,
(ii) in paragraph (6)(b),
after “care home service” there is inserted “or children’s home service,”;
(d) in Article 46(1)(a)
(refuges for children at risk), for “care home service that is exclusively or
mainly for children” there is substituted “children’s home”;
(e) In Schedule 4 (disqualification
for caring for children), for paragraph 1(f) there is substituted –
“(f) the person carried on, or
was otherwise concerned in the management of, or had any financial interest in –
(i) a care home service which provides
services to children as well as adults or a children’s home service which the
Commission has refused to register under Article 5 of the Regulation of
Care (Jersey) Law 2014, or the registration
of which the Commission has cancelled under Article 20 of that Law, or
(ii) a voluntary home which
the Minister has –
(A) refused to register
under Article 54(4) of this Law or Article 52(3) of the 1969 Law,
or
(B) removed from the
register under Article 54(5) of this Law or Article 52(4) of the 1969 Law;”.
5 Day
Care of Children (Jersey) Law 2002
In
Article 1(1) (interpretation) of the Day Care of
Children (Jersey) Law 2002, for sub-paragraph (c) of the definition
“day care accommodation” there is substituted –
“(c) a place which, in respect of those children, is operating as –
(i) a school, hospital or nursing home,
(ii) a home consisting of a
care home service within the meaning of paragraph 4 of Schedule 1 to
the Regulation of
Care (Jersey) Law 2014 (the “2014 Law”),
or
(iii) a home consisting of a
children’s home service, child contact centre service or residential family
centre service within the meanings given to those expressions in Part 3 of
Schedule 1 to the 2014 Law.”.
6 Rehabilitation
of Offenders (Exceptions) (Jersey) Regulations 2002
For Regulation 17(1)(a)(iv)
(work with children) of the Rehabilitation
of Offenders (Exceptions) (Jersey) Regulations 2002 there is substituted –
7 Children (Secure Accommodation)
(Jersey) Order 2005
In
Article 7(1)(b) and (3) (children
to whom Article 22 of the Law shall apply and have effect subject to
modifications) of the Children
(Secure Accommodation) (Jersey) Order 2005, in each place, for “a care home service within the meaning of
paragraph 1(2)” there is substituted “a care home service within the
meaning of paragraph 4 or a children’s home service within the meaning of
paragraph 7”.
8 Restriction on Smoking (Workplaces) (Jersey) Regulations 2006
In
Regulation 5(3)(c) (smoking in certain workplaces) of the Restriction
on Smoking (Workplaces) (Jersey) Regulations 2006, for “paragraph 1(2)” there is
substituted “paragraph 4”.
9 Goods and Services Tax
(Jersey) Law 2007
In
Schedule 5 (exempt supplies) to the Goods and
Services Tax (Jersey) Law 2007, in paragraph 4(1)(e) (group 4 – medical and paramedical supplies) for “paragraph 1, 2 or 3” there is substituted “paragraph 3,
4, 5, 7, 13, 14 or 15”.
10 Social Security (Television
Licence Benefit) (Jersey) Regulations 2009
In Regulation 1
(interpretation) of the Social
Security (Television Licence Benefit) (Jersey) Regulations 2009, for the definition “domestic premises” there is substituted –
“ “domestic
premises” means a dwelling used for residential accommodation that is not part
of –
(a) a nursing home within the
meaning of Article 1A of the Nursing
Homes (Jersey) Law 1994; or
(b) a home consisting of –
(i) a care home service within the meaning of paragraph 4 of Schedule 1
to the Regulation of
Care (Jersey) Law 2014 (the “2014 Law”),
or
(ii) a children’s home service
or residential family centre service within the meaning given to each of those expressions in Part 3 of Schedule 1 to the 2014 Law;”.
11 Control of Housing and Work
(Jersey) Law 2012
In
Article 1(2) (interpretation) of the Control of
Housing and Work (Jersey) Law 2012 for “within the meaning of paragraph 1(2) of Schedule 1 to the Regulation of
Care (Jersey) Law 2014” there is substituted “within the meaning of paragraph 4 of
Schedule 1 to the Regulation of
Care (Jersey) Law 2014 (the “2014 Law”), or a children’s home
service or residential family centre service within
the meaning given to each of those expressions in Part 3 of Schedule 1 to the 2014 Law.”.
12 Fire Precautions (Designated
Premises) (Jersey) Regulations 2012
In
Regulation 1(1) (interpretation) of the Fire
Precautions (Designated Premises) (Jersey) Regulations 2012, for sub-paragraph (a) of the definition
“care or nursing home” there is substituted –
“(a) a home consisting of –
(i) a care home service within the meaning of paragraph 4
of Schedule 1 to the Regulation of
Care (Jersey) Law 2014 (the “2014 Law”),
or
(ii) a children’s home
service or residential family centre service within
the meaning given to each of those expressions in Part 3 of Schedule 1 to the 2014 Law; or”.
13 Long-Term Care (Jersey) Law
2012
In
Article 1 (interpretation) of the Long-Term Care
(Jersey) Law 2012,
in the definition “home care service” for “paragraph 2(2)” there is
substituted “paragraph 5”.
14 Long-Term Care (General
Provisions) (Jersey) Order 2014
In
Article 13(1) (approved care homes) of the Long-Term
Care (General Provisions) (Jersey) Order 2014 for “paragraph 1(2)” there is substituted
“paragraph 4”.
15 Sexual
Offences (Jersey) Law 2018
In the
Sexual Offences
(Jersey) Law 2018 –
(a) in
Article 19(2)(b) (positions of trust) after clause (iv) there is
inserted –
“(v) where
a child contact centre service, within the meaning of paragraph 11 of Schedule 1 to the Regulation of Care Law, is being provided,
(vi) where a residential
family centre service, within the
meaning of paragraph 12 of Schedule 1 to the Regulation
of Care Law, is being provided, or
(vii) where a children and young
people’s mental health service, within the meaning of paragraph 13 of Schedule 1
to the Regulation of Care Law, is being provided.”;
(b) in Article 20(2)
(interpretation and amendment
of Article 19) –
(i) for
sub-paragraph (b) of the definition “children’s home”, there is
substituted –
“(b) a home consisting of a care home service, within the meaning of
paragraph 4 of Schedule 1 to the Regulation of
Care Law, which provides services to children as well as adults; or
(c) a home consisting of a
children’s home service within the meaning of paragraph 7 of Schedule 1
to the Regulation of Care Law;”,
(ii) after the definition
“nursing home” there is inserted –