Covid-19
(Regulation of Care – Standards and Requirements) (Jersey)
Regulations 2020
Made 25th November 2020
Coming into
force 26th November 2020
THE STATES make these Regulations under Article 2
of the Covid‑19 (Enabling Provisions) (Jersey) Law 2020[1] –
1 Amendment
of Regulation of Care (Standards and Requirements) (Jersey) Regulations 2018
These Regulations amend the Regulation of Care (Standards and
Requirements) (Jersey) Regulations 2018[2].
2 Regulation 3A inserted
After Regulation 3 there is inserted –
“3A Modification of application
of Regulation 3 due to outbreak of Covid-19
(1) Paragraph
(2) applies if –
(a) a
registered provider is unable to comply with any of the relevant conditions of
the provider’s registration imposed under Regulation 3 as a direct or
indirect result of an outbreak of Covid-19 in Jersey or its aftermath; and
(b) the
registered provider notifies the Commission of the conditions that the provider
is unable to comply with.
(2) Where
this paragraph applies, the Commission must suspend the imposition of any
relevant condition in relation to that registered provider for a period of one month
if the Commission determines, on the basis of information supplied by the
registered provider, that it is proportionate and reasonable to do so.
(3) Paragraph (2)
also applies if, at the end of that and any subsequent one-month period,
paragraph (1)(a) continues to apply and the registered provider again
notifies the Commission as required by paragraph (1)(b).
(4) In
this Regulation “relevant conditions” means the conditions set out in
Regulation 3(1)(d) to (j).
(5) Nothing
in this Regulation applies to a registered provider to the extent that the regulated
activity concerned includes provision of care to a child.”.
3 Regulation 17A inserted
After Regulation 17 there is inserted –
“17A Modification of application of
Regulation 17 due to outbreak of Covid-19
(1) Paragraph (2)
applies if –
(a) a
registered person has put in place a plan to mitigate the effects of a shortage
of persons who are suitably qualified, skilled, competent and experienced for
the duties to which they are assigned as a direct or indirect result of an
outbreak of Covid-19 in Jersey or its aftermath; and
(b) the
registered person has reasonable grounds for declaring to the Commission that,
due to that outbreak, the registered person is nevertheless still unable to
comply with any relevant requirement.
(2) Where
this paragraph applies, any relevant requirements that the registered person is
unable to comply with do not apply to the registered person for a period of one
month.
(3) Paragraph (2)
also applies if at the end of that or any subsequent one-month period, the
registered person again satisfies the conditions set out in paragraph (1).
(4) In
this Regulation “relevant requirements” means the requirements set out in
Regulation 17(1)(a), (3) and (4).
(5) Nothing
in this Regulation applies to a registered person to the extent that the
regulated activity concerned includes provision of care to a child.”.
4 Regulation 32 (requirement for
Commission to carry out certain inspections) amended
After Regulation 32(2) there is inserted –
“(3) Paragraph (4)
applies where the Commission believes that there are serious risks to care
receivers due to a lack of suitably qualified workers resulting directly or
indirectly from an outbreak of Covid‑19 in Jersey or its aftermath.
(4) Where
this paragraph applies the Commission must as soon as reasonably practicable report
its concerns about the standard or quality of care being provided, to the
Minister and to the Minister for Health and Social Services and make written
recommendations as to the steps that should be taken to address the serious
risks to care receivers.
(5) The
Commission must publish the recommendations and the fact that it has reported
its concerns to the Ministers.”.
5 Regulation 34A inserted
After Article 34 there is inserted –
“34A Expiry of Regulations 3A, 17A
and 32(3) to (5)
Regulations 3A, 17A and
32(3) to (5) expire on 30th April 2021.”.
6 Citation and commencement
These Regulations may be cited as the Covid-19 (Regulation of Care –
Standards and Requirements) (Jersey) Regulations 2020 and come into force
on the day after they are made.