SCHEDULE 1
(Regulation 1)
Schedule amended
(1) The provision of a care home service is a
regulated activity.
(2) In this paragraph a “care home
service” is a service providing residential accommodation together with
care, whether on a temporary or permanent basis, to adults or children where
residents have no choice as to the provider of the care, other than foster care
or a service provided in –
(a) a hospital;
(b) a school;
(c) a prison or young offender institution; 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 the care receiver and his or her family.
(3) For clarity, nothing in sub-paragraph (2)(c)
prevents any service provided in a secure children’s home being a care
home service.
(4) For the purposes of this paragraph the
following services are not treated as services provided in a hospital even if they
are operated from a 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; or
(d) services provided in a children’s home
within the meaning of Article 1(1) of the Children (Jersey) Law 2002[4].
2 Provision of home care
service
(1) The provision of a home care service is a
regulated activity.
(2) In this paragraph a “home care
service” is a service consisting of the provision of care by any 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 care receiver); or
(b) as part of a professional service offered to
the individual free of charge,
other than a service that is
carried on exclusively by a Minister.
(3) However, the following do not constitute
reward –
(a) 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 a care receiver to or
for the benefit of the person providing care;
(b) receipt of the special component of income
support under Article 5(3)(d) of the Income Support (Jersey) Law 2007[5] (the carer’s component)
or the home carer’s allowance under Article 18A of the Social
Security (Jersey) Law 1974[6];
(c) any part of the value of an approved care
package within the meaning of Article 7 of the Long-Term Care (Jersey) Law 2012[7] that is paid directly to an unpaid
carer who is caring otherwise than as the person’s employment to provide
respite for the carer instead of being used to provide alternative care to the
care receiver.
(4) The services provided by an employment
agency through which an individual is introduced to a care receiver without the
care provided by the individual’s being subject to any ongoing management
or control, do not constitute the provision of a home care service by that
agency.
3 Provision of adult day care
service
(1) The provision of an adult day care service
is a regulated activity.
(2) In this paragraph “adult day care
service” means a service providing premises other than private accommodation –
(a) for adult persons 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.
4 Interpretation for Schedule
“care” means
nursing care or social care;
“care receiver”
means a person in receipt of care.”.
SCHEDULE 2
(Regulation 2)
repeals and consequential amendments
1 Lodging
Houses (General Provisions (Jersey) Order 1962
For Article 2(e) of the Lodging Houses (General Provisions)
(Jersey) Order 1962[8] there is substituted the
following paragraph –
“(e) any nursing home to which the
Nursing Homes (Jersey) Law 1994 applies, and any care home service within
the meaning of paragraph 1(2) of Schedule 1 to the Regulation of Care
(Jersey) Law 2014[9];”.
2 Inquests
and Post-Mortem Examinations (Jersey) Law 1995
For Article 2(4)(b) of the Inquests and Post-Mortem Examinations
(Jersey) Law 1995[10] there is substituted the
following sub-paragraph and continuation paragraph –
“(b) a
child accommodated in a children’s home within the meaning of the Children (Jersey) Law 2002[11] or a home consisting of
a care home service within the meaning of paragraph 1(2) of Schedule 1
to the Regulation of Care (Jersey) Law 2014[12];”.
3 Rehabilitation
of Offenders (Exceptions) (Jersey) Regulations 2002
(1) The
Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 2002[13] are amended as follows.
(2) In Regulation 17(1) –
(a) for
sub-paragraph (a)(iv) there is substituted the following clause –
(b) in
sub-paragraph (b) for the words “as a nursery under Article 42(1)(a)
of the Children (Jersey) Law 1969”
there are substituted the words “as day care accommodation under
the Day Care of Children (Jersey) Law 2002[16]”;
(c) for sub-paragraph (d)(iii) and (iv) there
are substituted the following clauses –
“(iii) a
person whose premises are registered as day care accommodation under the Day Care of Children (Jersey) Law 2002,
(iv) a
person who is registered as a day carer under
that Law,”.
(3) In Regulation 17(3)(d)
for the words “child minding, being the reception of children as
mentioned in Article 42(1)(b) of the Children
(Jersey) Law 1969” there are substituted the words “work as a
day carer under the Day Care of Children (Jersey) Law 2002”
and for the words “child minding” there are substituted the words
“day care”.
(4) In Regulation 17(5)
for sub-paragraphs (a) and (b) there are substituted the following
sub-paragraphs –
“(a) to have premises registered
as day care accommodation under the Day
Care of Children (Jersey) Law 2002; or
(b) to
be registered as a day carer under that Law.”.
(5) In Regulation 18(2)
and (4) for the words “Nursing and Residential Homes (Jersey) Law 1994”
there are substituted the words “Nursing Homes (Jersey) Law 1994[17] or the Regulation of Care
(Jersey) Law 2014[18]”.
4 Sexual
Offences (Jersey) Law 2018
In Article 20(2) of the Sexual Offences (Jersey) Law 2018[19] –
(a) for
paragraph (b) of the definition of “children’s home”
there is substituted the following paragraph –
“(b) a care home service within
the meaning of paragraph 1(2) of Schedule 1 to the Regulation of Care
(Jersey) Law 2014[20] that is exclusively or
mainly for children;”;
(b) for
the definition of “nursing home” there is substituted the following
definition –
“ “nursing home” means a nursing home within the
meaning of Article 1A of the Nursing Homes (Jersey) Law 1994[21];”.
5 Adoption
(Jersey) Law 1961
In Article 33 of the Adoption (Jersey) Law 1961[22] –
(a) in paragraph (2)(a)(i)
the words “voluntary home or” are deleted;
(b) for
paragraph (2)(b)(ii) there is substituted the following clause –
“(ii) resident
in accommodation provided as part of a care home service within the meaning of paragraph 1(2) of Schedule 1 to the
Regulation of Care (Jersey) Law 2014[23]”;
(c) in paragraph (3)
for the words “ “hospital”, “residential care home”,
“school” and “voluntary home” ” there are
substituted the words “ “hospital” and “school” ”.
6 Children
(Jersey) Law 2002
(1) The
Children (Jersey) Law 2002[24] is amended as follows.
(2) In Article 1(1)for
the definitions “mental nursing home”,
“nursing home” and “residential care home” there are
substituted the following definitions in the correct alphabetical order –
“ “care home
service” has the same meaning as in paragraph 1(2) of Schedule 1
to the Regulation of Care (Jersey) Law 2014[25];
“nursing home”
has the same meaning as in Article 1A of the Nursing Homes (Jersey) Law 1994[26];”.
(3) In Article 20(1)(b)
for the words “voluntary home” there are substituted the words
“home consisting of a care home service that is exclusively or mainly for
children”.
(4) In Article 21(2)(c)
and (6)(b) and Article 58(2)(g) for the words “any residential care
home, nursing home or mental nursing home” there are substituted the
words “any home consisting of a care home service or any nursing home”.
(5) In
Article 46(1)(a) for the words “voluntary home” there are
substituted the words “care home service that is exclusively or mainly
for children”.
(6) Part 7
is repealed.
(7) Article 58(2)(d)
and paragraph 9 of Schedule 5 are deleted.
(8) In Schedule 4,
in paragraph 1(f) after the words “financial interest in,”
there are inserted the words “a care home service that is exclusively or
mainly for children which the Commission has refused to registered under Article 5
of the Regulation of Care (Jersey) Law 2014[27] or the registration of which
the Commission has cancelled under Article 20 of that Law or”.
7 Children
(Placement) (Jersey) Regulations 2005
In the Children (Placement) (Jersey) Regulations 2005[28] –
(a) in Regulation 14(4)
for the words “carrying on a voluntary home or for fostering a child
privately under Schedule 4 of the Law” there are substituted the
words “fostering a child privately under Schedule 4 of the Law or
carrying on a care home service”;
(b) in paragraph 1(f)
of Schedule 3 for the words “in a voluntary home or children’s
home” there are substituted the words “in a children’s home
or as part of a care home service”.
8 Children
(Regulation of Employment) (Jersey) Order 2011
For Article 7(2)(l) of the Children (Regulation of Employment)
(Jersey) Order 2011[29] there is substituted the following
sub-paragraph –
“(l) undertake any work
administering personal care to residents of a nursing home within the meaning
of Article 1A of the Nursing Homes (Jersey) Law 1994[30] or a care home service, home
care service or adult day care service within the meaning of Schedule 1 to
the Regulation of Care (Jersey) Law 2014[31]; or”.
9 Children
(Secure Accommodation) (Jersey) Order 2005
In Article 7(1)(b) and (3) of the Children (Secure
Accommodation) (Jersey) Order 2005[32] for the words “in any
class of premises to which the Nursing and Residential Homes (Jersey) Law 1994
applies” there are substituted the words “in premises that are
provided as part of a care home service within the meaning of
paragraph 1(2) of Schedule 1 to the Regulation of Care (Jersey) Law
2014[33]”.
10 Children
(Voluntary Homes) (Jersey) Order 2005
The Children (Voluntary Homes) (Jersey) Order 2005[34] is revoked.
11 Day
Care of Children (Jersey) Law 2002
In Article 1(1) of the Day Care of Children (Jersey) Law 2002[35], for paragraph (c) of
the definition of “day care accommodation” there is substituted the
following paragraph –
“(c) a place which, in respect of
those children, is operating as a school, hospital, nursing home, or a home
consisting of a care home service;”.
12 Control
of Housing and Work (Jersey) Law 2012
In the Control of Housing and Work (Jersey) Law 2012[36] –
(a) in
Article 1(2) for the words “Nursing and Residential Homes (Jersey)
Law 1994” there are substituted the words “Nursing Homes (Jersey)
Law 1994[37]” and after the words “Lodging
Houses (Registration) (Jersey) Law 1962” there are inserted the
words “, or a home consisting of a
care home service within the meaning of paragraph 1(2) of Schedule 1
to the Regulation of Care (Jersey) Law 2014[38]”;
(b) in
Article 14(1) for the words “Nursing and Residential Homes (Jersey)
Law 1994” there are substituted the words “Nursing Homes
(Jersey) Law 1994”.
13 Control
of Housing and Work (Exemptions) (Jersey) Order 2013
In Article 3(1) of the Control of Housing and Work (Exemptions)
(Jersey) Order 2013[39] –
(a) for
sub-paragraph (f)(iii)(C) there is substituted the following sub-clause –
“(C) an undertaking registered under the
Nursing Homes (Jersey) Law 1994 or the Regulation of Care (Jersey) Law 2014;”;
(b) in
sub-paragraph (g)(ii) for the words “Nursing and Residential Homes
(Jersey) Law 1994” there are substituted the words “Nursing
Homes (Jersey) Law 1994[40], the Regulation of Care
(Jersey) Law 2014[41]”.
14 Nursing
Agencies (Jersey) Law 1978
The Nursing Agencies (Jersey) Law 1978[42] is repealed.
15 Nursing
and Residential Homes (Jersey) Law 1994
(1) The
Nursing and Residential Homes (Jersey) Law 1994[43] is amended as follows.
(2) In
the short title and in Article 22 (citation) the words “and Residential”
are deleted and in the long title the words “and residential care
homes” are deleted.
(3) Before
the heading “INTRODUCTORY” before Article 1 there is inserted
the heading “PART 1”.
(4) In Article 1(1) –
(a) the
definitions “appropriate register”, “disabled”,
“personal care” and “residential care home” are
deleted;
(b) for
the definition “mental nursing home” there is substituted the
following definition –
“ “mental nursing
home” means 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;”;
(c) in
the definition of “maternity home” for the words “Article 3(1)(c)”
there are substituted the words “Article 1A(1)(b)”;
(d) in the
definition of “nursing home” for the words “Article 3(1)(c)”
there are substituted the words “Article 1A”.
(5) After
Article 1 there is inserted the following Article –
“1A Meaning
of “nursing home”
(1) In this Law “nursing home” means
any premises, not being a mental nursing home, which are used or intended to be
used –
(a) for the reception of, and the provision of
nursing for, persons suffering from any sickness, injury or infirmity; or
(b) for the reception of pregnant women or of
women immediately after childbirth (a “maternity home”); or
(c) for the provision of all or any of the
services specified in paragraph (3).
(2) However “nursing home” 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) for
the purpose of consultations with patients by a registered medical
practitioner,
(ii) for
the purpose of treating patients by a registered dentist within the meaning of Article 1
of the Dentistry (Jersey) Law 2015[44] or a chiropodist or
podiatrist registered under the Health Care (Registration) (Jersey) Law 1995[45], 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 (3),
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.
(3) The services mentioned in paragraph (1)(c)
and paragraph (2)(c) are –
(a) the
carrying out of surgical procedures under anaesthesia;
(b) the
carrying out of terminations of pregnancy;
(c) endoscopy;
(d) haemodialysis
or peritoneal dialysis;
(e) treatment
by laser and diagnosis or treatment by radiation, including X-ray; and
(f) any
other technique of medicine or surgery (including cosmetic surgery) as to which
the Minister 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.”.
(6) Article 2(4)
is deleted.
(7) For
Article 3 there is substituted the following Article –
“3 Homes
to which Law applies
(1) This Law applies to any nursing home.
(2) This Law does not apply to –
(a) any
hospital maintained or controlled by the States or any administration of the
States;
(b) any
premises used for the purposes of a regulated activity within the meaning of Article 2
of the Regulation of Care (Jersey) Law 2014[46].”.
(8) For
the heading “REGISTRATION OF HOMES” after Article 3 there is
substituted the following headings –
“Part 2
Registration of Nursing Homes”.
(9) In Article 4 –
(a) for
paragraph (1) there is substituted the following paragraph –
“(1) The Minister shall maintain a
register of every nursing home.”;
(b) in paragraph (2)
for the words “home to which this Law applies without being registered in
the appropriate register or registers in respect of that home” there are
substituted the words “nursing home without being registered under this
Law”;
(c) paragraphs (3)
and (7) are repealed;
(d) in paragraph (5)
sub-paragraph (c) is deleted and in sub-paragraph (d) the words “in the
case of a nursing home,” are deleted;
(e) in paragraph (9)
for the words “under this Law in respect of any home to which this Law
applies” there are substituted the words “under this
Article”.
(10) In each
of the following provisions for the words “home to which this Law
applies” there are substituted the words “nursing home” –
(a) Article 4(4);
(b) Article 6(3);
(c) Article 15(2)(d)
and (k);
(d) Article 19(1)
and (2);
(e) Article 20.
(11) Article 5
is repealed.
(12) In Article 6 –
(a) in paragraph (1)
for the words “in respect of” to “the number of persons
kept,” there are substituted the words “under this Law that the
number of persons kept”;
(b) in
paragraph (3) the word “and” is deleted;
(c) paragraphs (3A)
and (3B) are deleted.
(13) In each
of the following provisions for the words “in respect of a home to which
this Law applies” there are substituted the words “under this
Law” –
(a) Article 7(1);
(b) Article 8(1);
(c) Article 9(1)
and (3);
(d) Article 11(1)(a).
(14) In Article 7(1) –
(a) in
sub-paragraph (a) for the words “home of such a class as that named
in the application” there are substituted the words “nursing
home”;
(b) in
sub-paragraphs (b) and (c) for the words “home of that class”
there are substituted the words “nursing home”;
(c) in
sub-paragraphs (e) and (f) the words “in the case of a nursing home
or a mental nursing home” are deleted;
(d) in
sub-paragraph (e) for the words “either a registered medical
practitioner, qualified nurse or in the case of a maternity home, a certified
midwife” there are substituted the words “a person who has the
qualifications, skill, knowledge or experience necessary to be in charge of a
nursing home”.
(15) Article 7(2)
is deleted.
(16) In Article 8(2)
for the words “class of homes to which this Law applies since the date of
registration of any person in respect of a home within that class” there
are substituted the words “nursing home since the date of registration of
any person”.
(17) Before
the heading “PROCEDURE” after Article 8 there is inserted the
heading “PART 3”.
(18) In Article 9(3)(b)
and 11(1)(b) for the words “for the time being in force in respect of the
home by virtue of this Law” there are substituted the words “of
such registration”.
(19) In Article 13 –
(a) in paragraph 1(a)
for the words “in respect of a home to which this Law applies, other than
a home to which paragraphs (3) to (5) apply” there are substituted
the words “in respect of a nursing home to which this Law applies”;
(b) paragraphs (2)
to (6) are deleted.
(20) In Article 14
(including its heading) for the word “registers” there is
substituted the word “register” and for the words “any
such” there is substituted the word “the”.
(21) In Article 15 –
(a) in paragraph (1)
for the words “class of homes to which this Law applies” there are
substituted the words “nursing home”;
(b) in paragraph (2)
for the words “homes or any class of homes to which this Law
applies” there are substituted the words “nursing homes”;
(c) paragraphs 2(e),
(j) and (m) are deleted and in sub-paragraph (f) the words from “,
including records” until the end of the paragraph are deleted.
(22) Before
the heading “OFFENCES” after Article 15 there is inserted the
heading “PART 4”.
(23) For Article 16(1)
there is substituted the following paragraph –
(a) applies
any name to premises in Jersey; 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 nursing home
shall be guilty of an offence unless registration in respect of the home has
been effected under this Law.”.
(24) Before
the heading “MISCELLANEOUS AND SUPPLEMENTAL” after Article 18
there is inserted the heading “PART 5”.
(25) In Article 19 –
(a) in paragraph (1)
the words “, and may inspect any records kept in pursuance of any Order
under Article 15(2)(e)” are deleted;
(b) in paragraph (3)
the words “or the visiting or examination of a patient who is liable to
be detained by a registered medical practitioner authorized under Article 53
of the Mental Health (Jersey) Law 2016[47]” are deleted;
(c) paragraph (6) is deleted.]
(26) Article 21
and the Schedule are repealed.
16 Nursing
Homes and Mental Nursing Homes (General Provisions) (Jersey) Order 1995
In the Nursing Homes and Mental Nursing Homes (General Provisions)
(Jersey) Order 1995[48] –
(a) in
the short title and in Article 19 the words “and Mental Nursing Homes”
are deleted;
(b) in
the definition of “home” in Article 1 the words “or
mental nursing home” are deleted;
(c) In Article 6 –
(i) in
paragraph (2)(b) the words “where the home is a nursing home,”
and the words from and where that person” to the end of the sub-paragraph
are deleted,
(ii) paragraph (10)
is deleted;
(d) for
the word “Registers” in the heading to Article 7 there is
substituted the word “Register” and for the word “registers”
in Article 7(1) there is substituted the word “register”;
(e) Article 12
is revoked;
(f) in
the Schedule –
(i) in
the subheading below “Part 1” the words “AND
RESIDENTIAL” are deleted and in the heading below that sub-heading the
words “OR MENTAL NURSING HOME” are deleted;
(ii) for
paragraph 4(a) of Part 2 there is substituted the following
sub-paragraph –
“(a) the address of any other home
or any regulated activity (within the meaning of Article 2 the Regulation
of Care (Jersey) Law 2014[49]) in which the applicant has
or had a business interest and the nature and extent of his or her
interest;”.
17 Residential
Homes (General Provisions) (Jersey) Order 1995
The Residential Homes (General Provisions) (Jersey) Order 1995[50] is revoked.
18 Termination
of Pregnancy (Jersey) Law 1997
In the definition “approved place” in Article 7 of
the Termination of Pregnancy (Jersey) Law 1997[51] the words “and
Residential” are deleted.
19 Restriction
on Smoking (Workplaces) Regulations 2006
In the Restriction on Smoking (Workplaces) Regulations 2006[52] –
(a) in Regulation 1
the definition “1994 Law” the words “and Residential”
are omitted;
(b) for
Regulation 5(3)(c) and (d) there is substituted the following
sub-paragraph –
“(c) a home
consisting of a care home service within the meaning of paragraph 1(2) of Schedule 1
to the Regulation of Care (Jersey) Law 2014[53];”.
20 Fire
Precautions (Designated Premises) (Jersey) Regulations 2012
For the definition “care or nursing home” in Regulation 1(1)
of the Fire Precautions (Designated Premises) (Jersey) Regulations 2012[54] there is substituted the
following definition –
“ “care or nursing home” means –
(a) any
home consisting of a care home service as defined in paragraph 1(2) of Schedule 1
to the Regulation of Care (Jersey) Law 2014[55]; or
(b) a
nursing home within the meaning of Article 1A of the Nursing Homes
(Jersey) Law 1994[56], and includes any nursing home maintained or controlled by the
States or any administration of the States and which, by virtue of Article 3(2)
of the Nursing Homes (Jersey) Law 1994, are premises to which that Law
does not apply;”.
21 Goods
and Services Tax (Jersey) Law 2007
In Schedule 5 to the Goods and Services Tax (Jersey) Law 2007[57], for paragraph 4(1)(e) there
is substituted the following clause –
“(e) the supply of any service or
goods in a nursing home registered under the Nursing Homes (Jersey)
Law 1994[58] or in any premises where a
regulated activity described in paragraph 1, 2 or 3 of Schedule 1 to the
Regulation of Care (Jersey) Law 2014[59] is carried on, being a
supply made by or on behalf of the person carrying on the home or regulated
activity to a patient in the home or person who is a receiver of care provided
by the regulated activity as the case may be;”.
22 Long-Term
Care (Jersey) Law 2012
In the Long-Term Care (Jersey) Law 2012[60] –
(a) In Article 1 –
(i) after
the definition of “approved care home” there is inserted the
following definition –
“ “approved home
care service” shall be construed in accordance with Article 6A;”;
(ii) after
the definition “Fund” there is inserted the following definition –
“ “home care
service” has the same meaning as in paragraph 2(2) of Schedule 1
to the Regulation of Care (Jersey) Law 2014[61];”;
(b) After
Article 6 there is inserted the following Article –
“6A Approved
home care service
(1) A home care service may be approved by the
Minister for the purposes of this Law (an “approved home care service”).
(2) The Minister shall, by Order, make provision
as respects all such matters as he or she thinks fit concerning approval under paragraph (1)
including, without limiting the generality of the foregoing –
(a) conditions subject to which approval may be
given;
(b) procedures for approval and subsequent
reviews;
(c) the form and manner of an application for
approval, including any application fee;
(d) revocation or suspension of approval;
(e) provision for appeals against revocation or
suspension of approval.”.
23 Long-Term
Care (General Provisions) (Jersey) Order 2014
In the Long-Term Care (General Provisions) (Jersey) Order 2014[62] –
(a) for
Article 4(2)(b) there is substituted the following sub-paragraph –
“(b) any
person who is responsible for providing a home care service, in return for
remuneration, comprising any long term care as part of the approved care
package –
(i) is registered
under Article 7 of the Regulation of Care (Jersey) Law 2014[63], and
(ii) is approved under
Article 13A of this Order.”.
(b) For
Article 13(1) there is substituted the following paragraph –
“(1) In this Article
“registered home” means a home that is part of a care home service
within the meaning of paragraph 1(2) of Schedule 1 to the Regulation
of Care (Jersey) Law 2014.”;
(c) for
Article 13(8)(a) there is substituted the following sub-paragraph –
“(a) is in breach of a condition
of registration under the Nursing Homes (Jersey) Law 1994[64] or the Regulation of Care
(Jersey) Law 2014 (in circumstances where paragraph (7) does not
apply); or”
(d) After
Article 13 there is inserted the following Article –
“13A Approved
providers of home care service
(1) A provider of a home care service may apply
to the Minister for approval under this Article.
(2) An application under paragraph (1) must
be made to the Minister on a form approved by the Minister, or in such other
manner as the Minister may accept as sufficient in the circumstances of the
case, and accompanied by such information, documents and evidence as the
Minister requires for the purpose of enabling the application to be assessed.
(3) On receiving an application under paragraph (1)
the Minister may –
(a) grant the application;
(b) grant the application on a provisional
basis; or
(c) refuse the application.
(4) The Minister shall notify the applicant in
writing of any decision under paragraph (3)(a) or (b) with reasons and –
(a) if the application is granted under paragraph (3)(a),
that the provider of the home care service is fully approved; or
(b) if the application is granted under paragraph (3)(b),
that the provider of the home care service is approved only to the extent of
providing long term care to individuals to whom they already provided it immediately
before the application was granted (a ‘provisionally approved’ provider
of a home care service).
(5) The Minister shall not grant an application
under paragraph (3)(a) unless he or she is satisfied that –
(a) the provider of the home care service is
registered under Article 7 of the Regulation of Care (Jersey) Law 2014;
and
(b) there is an agreement in place between the provider
of the home care service and the Minister with respect to the administration
services provided, such services being ancillary to the long-term care provided.
(6) The Minister shall not grant an application
under paragraph (3)(b) unless he or she is satisfied that –
(a) the provider of the home care service is
registered under Article 7 of the Regulation of Care (Jersey) Law 2014;
and
(b) although there is no agreement as described
in paragraph (5)(b), arrangements have been agreed between the provider of
the home care service and the Minister with a view to such an agreement being
made in the future.
(7) An approval under this Article ceases to
have effect when the registration under the Regulation of Care (Jersey) Law 2014
ceases to have effect.
(8) If the Minister is satisfied that an
approved provider of a home care service is in breach of a condition of
registration under the Regulation of Care (Jersey) Law 2014 (in
circumstances where registration under that Law continues to have effect) the Minister
may take the steps referred to in paragraph (9).
(9) Those steps are that –
(a) where the provider of the home care service
is fully approved –
(i) the
Minister may make a determination that imposes a restriction that the provider
is approved only to the extent of providing long term care to individuals to whom
they already provided it immediately before the date that the restriction is
imposed, and
(ii) if,
after imposing such a restriction, the Minister is not satisfied that the
breach of the agreement as described in paragraph (5)(b) or condition referred
to in paragraph (8) is likely to be remedied in a satisfactory manner, the
Minister may determine that the approval shall cease from the date of the
Minister’s determination; or
(b) where the case of a provider of a home care
service that is provisionally approved, if the Minister is not satisfied that
the breach of the arrangements referred to in paragraph (6)(b) or
condition referred to in paragraph (8) is likely to be remedied in a
satisfactory manner, the Minister may determine that the approval shall cease from
the date of the Minister’s determination.
(10) A notification of a decision to refuse an
application under paragraph (3)(c) or of a determination under paragraph (9)
shall be by notice in writing with reasons to the provider of the home care service
and may be given only after the Minister has considered any objections or
representations made in accordance with paragraph (11).
(11) Before giving a notification under paragraph (3)(c)
or (9) the Minister must serve notice on the provider of the home care service –
(a) giving
the Minister’s reasons for the Minister’s proposed refusal or
determination; and
(b) stating
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) the person on
whom it is served may make objections or representations in writing to the
Minister concerning the proposal.
(12) If a person is aggrieved by –
(a) a decision of the Minister under paragraph (3);
or
(b) a determination under paragraph (9),
the person may appeal to the
Royal Court no later than 28 days after the date of receipt of the
notification of the decision or determination, as the case may be, on the
ground that the decision or determination of the Minister was unreasonable
having regard to all the circumstances of the case.
(13) Unless the Royal Court so orders, the lodging of
an appeal shall not operate to stay the effect of a decision under paragraph (3)
or a determination under paragraph (9) pending determination of the
appeal.
(14) On hearing the appeal, the Court may confirm,
reverse or vary the Minister’s decision or determination.”.
24 Social
Security (Television Licence Benefit) (Jersey) Regulations 2009
In the definition “domestic premises” in Regulation 1
of the Social Security (Television Licence Benefit) (Jersey) Regulations 2009[65] for the words “nursing
home, a mental nursing home, or a residential care home, in each case within
the meaning of the Nursing and Residential Homes (Jersey) Law 1994”
there are substituted the words “nursing home within the meaning of Article 1A
of the Nursing Homes (Jersey) Law 1994[66] or a home consisting of a
care home service within the meaning of paragraph 1(2) of Schedule 1
to the Regulation of Care (Jersey) Law 2014[67]”.