Regulation of Care
(Transfer of Functions) (Jersey) Regulations 2018
Made 20th November 2018
Coming into force 1st
January 2019
THE STATES, in pursuance of Article 37(2) and (3) of the Regulation of Care
(Jersey) Law 2014[1] have made the following
Regulations –
1 Interpretation
In these Regulations –
“Commission” means the Health and Social Care Commission
established by Article 35 of the Regulation of Care (Jersey) Law 2014[2];
“Minister” means the Minister for Health and Social
Services;
“transferring entity” means the Minister or the Medical
Officer of Health, as the case may be.
2 Functions
of Minister for Health and Social Services transferred
(1) Subject
to paragraph (2) there are transferred from the Minister to the Commission
the functions under the following enactments (as, in the case of those
mentioned in sub-paragraphs (f) and (g), they are amended by Schedule 2
to the Regulation of Care (Regulated Activities) (Jersey) Regulations 2018[3]) –
(a) the
Dentistry (Jersey) Law 2015[4];
(b) the
Health Care (Registration) (Jersey) Law 1995[5];
(c) the
Medical Practitioners (Registration) (Jersey) Law 1960[6];
(d) the
Medical Practitioners (Registration) (General Provisions) (Jersey) Order 2014[7];
(e) the
Medical Practitioners (Registration) (Responsible Officers) (Jersey) Order 2014[8];
(f) the
Nursing Homes (Jersey) Law 1994[9];
(g) the
Nursing Homes (General Provisions) (Jersey) Order 1995[10];
(h) the
Opticians (Registration) (Jersey) Law 1962[11];
(i) the
Piercing and Tattooing (Jersey) Law 2002[12].
(2) The
functions of the Minister with respect to the making of Orders are not transferred.
(3) The
Schedule has effect for the purposes of amendment of the enactments listed in paragraph (1).
3 Functions
of the Medical Officer of Heath transferred
(1) As
a consequence of Regulation 2(1)(b), there are transferred from the
Medical Officer of Health to the Commission the functions of the Medical
Officer of Health under the Health Care (Registration) (Jersey) Law 1995[13] (which functions are
administrative functions that supported the Minister’s regulatory
functions).
(2) As
a consequence of paragraph (1) the Health Care (Registration) (Jersey) Law 1995[14] is amended as
follows –
(a) the
definition “Medical Officer of Health” in Article 1(1) is
deleted;
(b) in Articles 7(1)
and (2), 8(2) and (3) and 11 (wherever occurring) for the words “Medical
Officer of Health” there is substituted the word
“Commission”;
(c) for
Article 8(1) there is substituted the following paragraph –
“(1) Where the Commission has
reason to believe that a registered person has ceased to practise the Commission
may send to the registered person by registered post to the person’s
address appearing in the register, or to the person’s last known place of
abode, an inquiry as to whether or not the person wishes to have his or her
name retained in the register.”;
(d) for
Article 12(1) there is substituted the following paragraph –
“(1) Where the Commission
registers or renews the registration of any person it shall issue to the
registered person, free of charge, a certificate of registration.”;
(e) In Article 15 –
(i) for
paragraph (1) there is substituted the following paragraph –
“(1) The Commission may require
the production of such documents as the Commission thinks necessary in order to
ensure that the provisions of this Law are being complied with.”,
(ii) for
paragraph (3) there is substituted the following paragraph –
“(3) A person who obstructs or
impedes the Commission in the execution of its duties shall be guilty of an
offence and liable to a fine not exceeding level 3 on the standard
scale.”.
4 Connected
rights, liabilities and records transferred
(1) All
rights enjoyed and liabilities incurred by the transferring entity in
connection with the functions transferred by Regulations 2 and 3 are
transferred to the Commission and become the rights and liabilities of the Commission.
(2) A
provision of a contract or other instrument that specifies that a right or
liability of the transferring entity is incapable of transfer is, to the extent
that it applies to a right or liability transferred by paragraph (1), of
no effect.
(3) The
operation of paragraph (1) is not regarded –
(a) as
a breach of contract or confidence or otherwise as a civil wrong;
(b) as
a breach of any contractual provision prohibiting, restricting or regulating
the assignment or transfer of rights or liabilities; or
(c) as
giving rise to any remedy by a party to a contract or other instrument, as an
event of default under any contract or other instrument or as causing or
permitting the termination of any contract or other instrument, or of any
obligation or relationship.
(4) Any
records held by the Minister in relation to any services under any of the
enactments listed in Regulation 2(1) and any records held by the Medical
Officer of Health in relation to any services under the Health Care
(Registration) (Jersey) Law 1995[15] are transferred to the
Commission, with the Minister continuing to have the right to access the
records.
5 Transitional provisions
(1) The
transfers effected by Regulations 2 and 3 do not prejudice the operation
of any appointment, approval, authorization, consent, delegation,
determination, direction, instruction, requirement or other thing that is,
before these Regulations come into force, made, given or done by the transferring
entity in relation to the functions, rights and liabilities so transferred, but
such matter, if then in force, continues in force to the like extent and
subject to the like provisions as if it had been duly made, given or done by
the Commission.
(2) Anything
commenced before these Regulations come into force by or under the authority of
the transferring entity may, so far as it relates to any of the functions,
rights and liabilities transferred by Regulations 2 to 4, be carried
on and completed by or under the authority of the Commission.
(3) Where,
on commencement of these Regulations, any legal proceeding is pending to which
the transferring entity is a party and the proceeding has reference to any of
the functions, rights and liabilities transferred by Regulations 2 to 4,
the Commission is substituted in the proceeding for the transferring entity and
the proceeding does not abate by reason of the substitution.
6 Citation
and commencement
These Regulations may be
cited as the Regulation of Care (Transfer of Functions) (Jersey) Regulations 2018
and shall come into force on 1st January 2019.
l.-m. hart
Deputy Greffier of the States
SCHEDULE
(Regulation 2)
amendment of enactments
1 Dentistry
(Jersey) Law 2015
(1) The
Dentistry (Jersey) Law 2015[16] is amended as follows.
(2) In
Article 1 –
(a) before
the definition “Court” there is inserted the following
definition –
“ “Commission”
means the Health and Social Care Commission established by Article 35 of
the Regulation of Care (Jersey) Law 2014[17];”;
(b) the
definition “Minister” is deleted.
(3) In
the following places for the word “Minister” (wherever occurring) there
is substituted the word “Commission” –
(a) in Article 7(1),
(3)(e), (4) and (5);
(b) in
Article 8;
(c) in
Article 9;
(d) in
Article 10(3), (4) and (5);
(e) in
Article 11(1), (5), (6) and (7);
(f) in
Article 12 (including the heading);
(g) in
Article 13(1) and (2);
(h) in
Article 15(1) and (3);
(i) in
Article 16(1) and (3);
(j) in
Article 17(1), (2), (3), (4), (5), (7) and (8);
(k) in
Article 18(1) and (2);
(l) in
Article 19;
(m) in
Article 20(1) and (3)(b) and (c).
(4) In
Article 9(4) for the words “his or her” there is substituted
the word “its”.
(5) In
Article 11(1), 13(1) and 17(3) for the words “he or she” there
is substituted the word “it”.
(6) In
Articles 17(5)(a) and (b), 18(2)(a) and (b), 19(3) and 20(3)(b) for the
words “the Minister’s” there is substituted the word
“its”.
2 Health
Care (Registration) (Jersey) Law 1995
(1) The
Health Care (Registration) (Jersey) Law 1995[18] is amended as follows.
(2) In
Article 1 –
(a) after
the definition “applicant” there is inserted the following
definition –
“ “Commission”
means the Health and Social Care Commission established by Article 35 of
the Regulation of Care (Jersey) Law 2014[19];”;
(b) the
definition “Minister” is deleted;
(3) In
the following places for the word “Minister” (wherever occurring) there
is substituted the word “Commission” –
(a) Article 2(4)(b);
(b) Article 3(1);
(c) Articles 5
and 6;
(d) Article 8(4);
(e) Article 9(1);
(f) Article 14(1).
(4) In
Article 6(2) for the words “he or she” there is substituted
the word “it” and for the word “Minister’s” there
is substituted the word “Commission’s”.
3 Medical
Practitioners (Registration) (Jersey) Law 1960
(1) The
Medical Practitioners (Registration) (Jersey) Law 1960[20] is amended as follows.
(2) In
Article 1(1) before the definition “Minister” there is
inserted the following definition –
“ “Commission”
means the Health and Social Care Commission established by Article 35 of
the Regulation of Care (Jersey) Law 2014[21];”.
(3) In
the following places, for the word “Minister” (wherever occurring) there
is substituted the word “Commission” –
(a) in
Articles 3 and 4;
(b) in
Article 5(1) and (3);
(c) in
Article 5A;
(d) in
Article 5B(1), (5), (6), (7) and (8);
(e) in
Articles 5C and 5D;
(f) in
Article 8;
(g) in
Article 9(1), (2), (3), (4), (5), (7) and (8)(a);
(h) in
Article 10(1), (2), (3) and (4);
(i) in
Article 10A;
(j) in
Article 10B(1), (3) and (4).
(4) In
Article 5B and 9(3) for the words “he or she” there is
substituted the word “it”.
(5) In
Articles 9(5)(a) and (b), 10(4)(a) and (b), 10A(3), 10B(4)(b) for the
words “the Minister’s” there is substituted the word
“its”.
4 Medical
Practitioners (Registration) (General Provisions) (Jersey) Order 2014
(1) The
Medical Practitioners (Registration) (General Provisions) (Jersey)
Order 2014[22] is amended as follows.
(2) In
the following places for the word “Minister” (wherever occurring) there
is substituted the word “Commission” –
(a) in
Article 4(1)(a) and (d) and (2);
(b) in
Article 6(3), (4) and (5);
(c) in
Article 7 (including the heading);
(d) in
Article 8(1).
(3) In
the heading to Article 8 for the word “Minister’s” there
is substituted the word “Commission’s”.
5 Medical
Practitioners (Registration) (Responsible Officers) (Jersey) Order 2014
(1) The
Medical Practitioners (Registration) (Responsible Officers) (Jersey)
Order 2014[23] is amended as follows.
(2) In
the following places for the word “Minister” (wherever occurring) there
is substituted the word “Commission” –
(a) in
Article 4(2), (3) and (4);
(b) in
paragraph 2(2)(c)(ii) of Schedules 1, 2, 3 and 4;
(c) in
paragraph 2(d) of Schedule 5;
(d) in
paragraph 3(2)(c) of Schedule 6.
(3) In
paragraph 2(2)(c)(ii) of Schedules 1, 2, 3 and 4 and
paragraph 3(2)(c) of Schedule 6 for the words “his or
her” there is substituted the word “its”.
(4) In
paragraph 2(d) of Schedule 5 for the word
“Minister’s” there is substituted the word
“Commission’s”.
6 Nursing
Homes (Jersey) Law 1994
(1) The
Nursing Homes (Jersey) Law 1994[24] is amended as follows.
(2) In
Article 1(1) –
(a) after
the definition “certified” there is inserted the following
definition –
“ “Commission”
means the Health and Social Care Commission established by Article 35 of
the Regulation of Care (Jersey) Law 2014[25];”;
(b) the
definition “Minister” is deleted.
(3) In
the following places for the word “Minister” (wherever occurring) there
is substituted the word “Commission” –
(a) in
Article 1A(3)(f);
(b) in
Article 4(1), (5)(a), (6), 8(b) and (10);
(c) in
Article 6(2), (3) and (4);
(d) in
Article 7;
(e) in
Article 8(1);
(f) in
Article 9;
(g) in
Article 10(1) and (3) and in the heading;
(h) in
Article 11(1), (2) and (6);
(i) in
Article 12;
(j) in
Article 13(1);
(k) in
Article 14;
(l) in
Article 15(2)(d) and (i);
(m) in
Article 19(1).
(5) In
Article 9(1) and (4)(a), 11(3) for the word “Minister’s”
there is substituted the word “Commission’s”.
(6) In
Article 10(1) for the words “he or she” there is substituted
the word “it” and for the words “his or her” there is
substituted the word “its”.
7 Nursing
Homes (General Provisions) (Jersey) Order 1995
(1) The
Nursing Homes (General Provisions) (Jersey) Order 1995[26] is amended as follows.
(2) In
the following places for the word “Minister” (wherever occurring) there
is substituted the word “Commission” –
(a) in
Article 2(2);
(b) in
Articles 5 and 7;
(c) in
Article 8(1);
(d) in Articles 9(1),
(2) and (4);
(e) in
Article 10(1)(t) and (2)(d);
(f) in
Article 11;
(g) in
Article 13(1);
(h) in
Article 14;
(i) in
Article 16(1)(b), (3)(a) and (4);
(j) in
paragraphs 1, 2 and 4 of Part 2 of Schedule 1;
(k) in
the sub-heading to Schedule 3.
(3) In
Article 16(3)(a)(i), (ii) and (iii) for the words “the
Minister’s” there is substituted the word “its”.
8 Opticians
(Registration) (Jersey) Law 1962
(1) The
Opticians (Registration) (Jersey) Law 1962[27] is amended as follows.
(2) In
Article 1(1) –
(a) before
the definition “Court” there is inserted the following
definition –
“ “Commission”
means the Health and Social Care Commission established by Article 35 of
the Regulation of Care (Jersey) Law 2014[28];”;
(b) the
definition “Minister” is deleted.
(3) In
the following places for the word “Minister” (wherever occurring) there
is substituted the word “Commission” –
(a) in
Article 6;
(b) in
Article 7(1)(b);
(c) in
Article 15(1) and (3);
(d) in
Article 17.
(4) In
Articles 15(3) and 17 (wherever occurring) for the words “he or
she” there is substituted the word “it”.
(5) In
Article 17(1) for the words “his or her” there is substituted
the word “its”.
9 Piercing
and Tattooing (Jersey) Law 2002
(1) The
Piercing and Tattooing (Jersey) Law 2002[29] is amended as follows.
(2) In
Article 1 –
(a) after
the definition “body piercing” there is inserted the following
definition –
“ “Commission”
means the Health and Social Care Commission established by Article 35 of
the Regulation of Care (Jersey) Law 2014[30];”;
(b) the
definition “Minister” is deleted.
(3) In
the following places for the word “Minister” (wherever occurring) there
is substituted the word “Commission” –
(a) in
Article 2(1) and (2);
(b) in
Article 3(a) and (c);
(c) in
Article 4;
(d) in
Article 7(1);
(e) in Article 9;
(f) in
Article 10(2);
(g) in
Article 11.
(4) In
Articles 4(3) and 11(1) for the words “he or she” there is
substituted the word “it”.
(5) In
Article 11(1)(a), (2) and (6) for the word “Minister’s”
there is substituted the word “Commission’s”.