Covid-19
(Workplace Restrictions) (Jersey) Order 2020
A1 Interpretation[1]
(1) In
this Order –
“accommodation premises”
means premises registered under Article 2 of the Tourism
(General Provisions) (Jersey) Order 1990 and any club that provides accommodation for its members, whether
or not including their guests;
“amusement centre” means a
building or place used principally for playing billiards or other like games,
electronic or mechanical amusement devices such as pinball machines, video or
arcade games and the like;
“food and drink premises”
means premises (whether or not licensed premises) that are used for the
preparation and retail sale of food or drink (or both) for immediate
consumption on or off the premises, and includes the following –
(a) a restaurant, café or
public bar;
(b) takeaway food and drink
premises;
(c) premises operating with
the permission of the Minister for Economic Development, Tourism, Sport and
Culture under the Policing
of Beaches (Jersey) Regulations 1959;
(d) registered premises
operating under a valid registration certificate issued under the Places of
Refreshment (Jersey) Law 1967;
“indoor area” means an area, room or other premises that is or are
substantially enclosed by a roof and walls, regardless of whether the roof or
walls or any part of the roof or walls are –
(a) permanent or temporary;
or
(b) open or closed;
“indoor physical activity
facility” means a building or other indoor area that is used, whether
predominantly or occasionally, for sport, dance or exercise, including a squash
court, indoor sport court, gymnasium, trampoline centre, bowling alley,
climbing wall, dance or yoga studio or any other building or area of a like
character used for those physical activities;
“indoor play area” includes
any part of a workplace used for soft play, play that involves the use of play
equipment such as climbing frames, swings, ropes, slides or a ball pit or
dressing up;
“market” means an open-air
area, or an existing building, that is used for the purpose of selling,
exposing or offering goods, merchandise or materials for sale by independent
shops or stall holders, and includes existing permanent structures used for
that purpose on an intermittent or occasional basis;
“retail premises” means a
building or place used for the purpose of selling items by retail, or hiring or
displaying items for the purpose of selling them or hiring them out, but does
not include food and drink premises;
“ritual gathering” means a
gathering –
(a) for the celebration of a
marriage or civil partnership;
(b) for a funeral; or
(c) that is part of a service
of religious worship,
but not a reception, wake or
other event separate from but commonly associated with the gathering;
“visitor attraction” means a
museum, zoo or other visitor attraction to the extent of its indoor areas.[2]
(2) In
this Order a reference to a workplace being prohibited
from being open to the public, or open to the public only for specified
purposes, does not permit the workplace to be open only to a section of the public
(such as a club with a defined membership).[3]
1 Declaration of start
and end of restriction period[4]
A restriction period –
(a) starts on the coming into
force of this Order; and
(b) ends at the end of Wednesday
31st March 2021.
2 Closure of certain workplaces[5]
(1) The following workplaces are prohibited
from being open to the public –
(a)
(b)
(c)
(d)
(e) jacuzzis, plunge pools,
steam rooms, saunas, Turkish baths, and the like;
(ea)
(f) entertainment facilities.
(g)
(h)
(i)
(j) [6]
(2) In
this Article –
“entertainment facility” means the auditorium of a concert hall,
dance hall, theatre, cinema and the like.[7]
(3) [8]
(4) [9]
3 Specified workplaces
open to the public for certain purposes or subject to specified conditions[10]
(1) The following workplaces may be open to the
public only for the purposes or conditions specified in this Article –
(a) food
and drink premises, for the purpose of selling food or drink for customers to
consume off the premises or for them to consume on the premises, subject to
the restrictions set out in paragraph (1A) and the exceptions to those
restrictions set out in paragraph (2);
(b) designated nightclubs
(whether or not part of accommodation premises), for the purpose of operating
as food and drink premises;
(c) a workplace in an outdoor
area being used by adults for sport or exercise, on condition that –
(i) the total number of people participating
in, watching, supporting or facilitating the sport or exercise must not exceed 45,
and
(ii) the occupier or operator
of the workplace has taken all reasonable steps to
assist in controlling the spread of Covid‑19, including taking
account of any guidance published by the Medical Officer of Health as to
factors that increase the risk of spread of Covid‑19 in gatherings;
(d)
(e)
(f) indoor physical activity
facilities, swimming pools and paddling pools on condition that the operator or
occupier of the workplace or, in the case of an organised event at the
workplace, the organiser, has taken all reasonable steps to assist in
controlling the spread of Covid‑19, including taking account of any
guidance published by the Medical Officer of Health as to factors that increase
the risk of spread of Covid‑19 in gatherings;
(g) visitor attractions
(including outdoor areas), except to the extent closed by another provision of
this Order.[11]
(1A) Food
and drink may be consumed on the premises only if –
(a) it is ordered before 10 p.m. and consumed by
10.30 p.m., when the premises must close;
(b) customers are seated at a table whilst ordering, consuming or
paying for food and drink;
(c) no more than 10 customers are seated at any one table; and
(d) in the case of consumption of intoxicating liquor, it is ordered
by customers at the time of ordering a meal or during the consumption of a
meal.[12]
(2) In
the case of food and drink premises that are also accommodation premises the
restrictions in paragraph (1A)(a) do not apply in respect of customers
accommodated for reward on the premises and their guests.[13]
(2A) [14]
(3) For
clarity, nothing in this Article affects any other condition to which a licence
is subject.[15]
(4) This
Article does not apply to a workplace to the extent that it is prohibited by
Article 2 from being open.
(5) Nothing
in this Article prevents the use of a workplace –
(a) to
provide reasonable access to toilet facilities or to administer appropriate
first aid or a vaccine against any disease;
(b) to
provide services, free of charge, to assist vulnerable members of the public,
such as food banks, blood donations or services providing for the needs of
homeless people; or
(c) to
provide sleeping accommodation and food and drink (including intoxicating
liquor) to be consumed only in that sleeping accommodation to people –
(i) who have no other suitable accommodation
available to them in Jersey or who, in the Minister’s opinion, need to be
accommodated because they are required to be in Jersey for essential work or
because it is not practicable for them to leave Jersey, or
(ii) who are accessing a
public service (including emergency accommodation) whether provided by a
Minister, a public sector organisation, a private provider or a non-profit
organisation.[16]
(6) In
this Article –
“outdoor area” means an area
that is not an indoor area.[17]
(7) Words
and phrases used in this Article that are defined in the Licensing
(Jersey) Law 1974 have the same respective
meanings as they have in that Law.
4 Other workplaces permitted
to be open
Any workplace
that is not prohibited from being open under any other provision of this Order
may be open.
5 Visitors required to wear
masks[18]
(1) A visitor aged 12 or older must wear
a mask covering the visitor’s mouth and nose while in a workplace to which this
Article applies, unless an exemption in paragraph (5) applies.
(2) In this Article “visitor” means a person who
does not live in the workplace and is in the workplace for a purpose other than
carrying out work.
(3) This
Article applies to the following workplaces that are permitted to be open under
any other provision of this Order to the extent specified –
(a) retail premises;
(b) a bank that is open to
the public, and not solely to those who have or intend to open an account with
that bank;
(c) a public transport
vehicle or premises, being a workplace that is –
(i) a public service vehicle, within the
meaning of the Motor
Traffic (Jersey) Law 1935,
(ii) a bus station, or
(iii) a building used for port
operations, within the meaning of the Air and
Sea Ports (Incorporation) (Jersey) Law 2015, relating to passengers, other than a building in which the visitor
remains inside a vehicle;
(d) an adult residential care
home, being a building in which a care home service, within the meaning of the Regulation
of Care (Jersey) Law 2014, is
provided to people living in the building, if none of those people is a child;
(e) close contact premises,
as defined in paragraph (4);
(f) food and drink premises
where the visitor is –
(i) purchasing food or drink to be consumed
off the premises or waiting to do so, and
(ii) at the premises for the
purposes of consuming food or drink, except while actually consuming the food
or drink;
(fa) accommodation premises, in
addition to the extent that masks are required by sub-paragraph (f),
except while the visitor is in the private quarters in which the visitor
intends to stay overnight;
(g) markets;
(h) libraries;
(i) indoor physical activity
facilities except while in a part of the facility
currently being used for sport, dance or exercise;
(ia) changing facilities,
except while actually changing;
(ib) indoor play areas;
(j) visitor attractions;
(k) auction houses;
(l) betting agencies;
(m) workplaces used by driving
instructors registered under Article 6 of the Road
Traffic (Jersey) Law 1956 to give
instruction as described in Article 5(1) of that Law except where doing so
would make driving unsafe;
(n) amusement centres;
(o) a workplace in an indoor
area used for a ritual gathering if more than 45 people are participating
in the gathering.[19]
(4) A workplace is close contact premises if –
(a) it is a building that is neither a school nor day care
accommodation within the meaning of the Day Care
of Children (Jersey) Law 2002;
(b) the visitor receives a service in the building from another
individual working in the presence of the visitor; and
(c) the service –
(i) is provided by the individual as a doctor, nurse, hairdresser
or tattooist, or
(ii) otherwise involves, or is of a nature that normally involves,
touching the visitor or spending more than 15 minutes closer than 2 metres
to the visitor.
(5) An exemption applies if the visitor –
(a) has a physical or mental disability or illness that renders the
visitor unable to put on a mask, or unable to take a
mask off;
(b) has a respiratory or other physical
condition, other than symptoms of Covid-19, that would involve a significant
risk of harm to any person if the visitor wore a mask;
(c) has a psychological condition, or other
fear or distress, that would involve a significant risk of harm to any
person if the visitor wore a mask;
(d) is a carer of another visitor, if –
(i) the other visitor has a psychological
condition that would involve a significant risk of harm to any person if the
carer wore a mask, or
(ii) the carer is communicating with the visitor who needs to see
the carer’s mouth or full face, whether for lipreading or other reasons;
(e) is receiving a service, such as dentistry
or diagnosis, that has to be delivered by touching or inspecting the visitor’s
mouth or nose; or
(f) is receiving a service that briefly requires the person
providing the service to see the visitor’s face for
identification or similar purposes.
(6) However, an exemption under paragraph (5)(a) to (d)(i)
applies only if –
(a) the visitor wears a visor, within the meaning of
Article 5A(1)(b), instead of a mask; or
(b) a factor described in paragraph (5)(a), (c) or (d)(i) would
apply in relation to a visor worn instead of a mask.
5A Condition of opening:
workers wearing masks or visors[20]
(1) A workplace to which this Article applies, that is permitted to
be open under any other provision of this Order, may remain open only on the
condition that the occupier or operator of that workplace
requires every person (a “worker”) working at the workplace in the presence of
a visitor to wear –
(a) a mask covering the worker’s mouth and nose; or
(b) a visor, being a see-through barrier, impervious to air, that is
worn on the head and screens the worker’s whole face without covering the mouth
and nose.
(2) This Article applies to a workplace that is any one or more of
the following to the extent specified –
(a) retail premises;
(b) food and drink premises;
(ba) accommodation premises;
(c) close contact premises;
(d) a public service vehicle;
(e) markets;
(f) libraries;
(g) indoor physical activity
facilities except while in a part of the facility currently being used for
sport, dance or exercise;
(ga) changing facilities;
(gb) indoor play areas;
(h) visitor attractions;
(i) workplaces used by
driving instructors registered under Article 6 of the Road
Traffic (Jersey) Law 1956 to give
instruction as described in Article 5(1) of that Law;
(j) amusement centres;
(k) a workplace in an indoor
area used for a ritual gathering if more than 45 people are participating
in the gathering.[21]
(2A) In
the case of retail premises, food and drink premises or accommodation premises,
the requirement in paragraph (1) applies additionally while the worker is
in the presence of a person working as part of a different workforce to the
worker.[22]
(3) The driver of a public service vehicle or
a driving instructor need not be required to wear a mask or visor when doing so
would make driving unsafe.[23]
(4) The worker need not be required to wear a mask or visor
when –
(a) interacting with a visitor who has a
psychological condition that would involve a significant risk of harm to any
person if the worker wore a mask; or
(b) communicating with a visitor who needs to
see the worker’s mouth or full face, whether for lipreading or other reasons.
(5) In this Article expressions used in Article 5 have the same
meaning as in that Article.
5B Conditions of opening:
visitors giving contact tracing data[24]
(1) A workplace to which this Article applies, that is permitted to
be open under any other provision of this Order, may remain open only on the
condition that –
(a) the occupier or operator of that workplace requires every
visitor aged 12 or older to provide relevant personal data in accordance with
this Article on arrival or as soon as practicable after arrival;
and
(b) the other requirements of this Article are complied with in
relation to the data.
(2) This Article applies to a workplace at which a person works in
the presence of the visitor, if the workplace is –
(a) food and drink premises, unless the food or drink is for the
visitor’s consumption off the premises only;
(aa) accommodation premises;
(b) close contact premises; or
(c) workplaces used by driving instructors registered under
Article 6 of the Road
Traffic (Jersey) Law 1956 to give
instruction as described in Article 5(1) of that Law;
(d) indoor physical activity facilities, except where the visitor is
a child who is part of a gathering mentioned in Article 8(1)(a) to (c) of
the Covid‑19 (Gathering Control) (Jersey) Order 2020 (exception: certain gatherings involving young people);
(e) indoor play areas;
(f) amusement centres;
(g) a workplace in an indoor
area used for a ritual gathering if more than 45 people are participating
in the gathering.[25]
(3) A person required to provide relevant personal data must be given access to information explaining the reason
for the requirement.
(4) The data may be provided either –
(a) manually to a person working at the workplace in a form enabling
the data to be retained on behalf of the occupier or operator of that
workplace; or
(b) via an electronic application, to be retained by the occupier or
operator, by a third party, or by both.
(5) If the data is provided manually –
(a) the visitor must give –
(i) his or her full name, and
(ii) his or her mobile phone number or, if
none, his or her landline phone number; and
(b) the person to whom it is provided must record –
(i) the data given by the visitor,
(ii) the date and time at which the visitor gave the data, and
(iii) if the visitor is seated in a zoned area, which zone the visitor
is seated in.
(6) If the data is provided via an electronic application, the
application must record –
(a) the visitor’s full name;
(b) the visitor’s mobile phone number or, if none, his or her
landline phone number; and
(c) the date and time at which the visitor gave the data.
(7) The data provided under this Article –
(a) may be used only for the purpose of assisting in supressing the
spread of Covid-19 by tracing anyone who may be at risk of contracting it
through contact with an infected individual;
(b) must be stored so that it can be accessed
only for that purpose;
(c) must be passed to the Minister when so
requested; and
(d) must be retained for 21
days and then destroyed.
(8) Nothing in this Article limits any obligation under the Data Protection (Jersey) Law 2018 in relation to the processing of data or to the giving of
information to a person who is required to provide data.
(9) In this Article “close contact premises” and “visitor” have the
meanings given by Article 5.[26]
5C Condition of opening:
distancing in workplaces[27]
(1) A
workplace to which this Article applies that is permitted to be open under any
other provision of this Order may remain open only on the condition that the
occupier or operator of that workplace requires any person on the premises, so
far as practicable, to maintain a distance of at least 2 metres from any
other person on the premises who is not a member of the same household.[28]
(2) This
Article applies to the following workplaces –
(a) retail premises;
(b) a bank that is open to
the public, and not solely to those who have or intend to open an account with
that bank;
(c) subject to paragraph (4), food and drink premises where
customers are –
(i) purchasing food or drink to be consumed
off the premises or waiting to do so, or
(ii) consuming food or drink
on the premises;
(ca) accommodation premises, in addition to the extent required by
sub-paragraph (c), except while the customer is in the private quarters in
which the customer intends to stay overnight;
(d) markets;
(e) libraries;
(f) indoor physical activity
facilities;
(fa) subject to
paragraph (4), changing or shower facilities;
(g) visitor attractions;
(h) auction houses;
(i) betting agencies;
(j) amusement centres;
(k) a workplace in an indoor
area used for a ritual gathering if more than 45 people are participating
in the gathering.[29]
(3) The
requirement in paragraph (1) does not apply if both the persons mentioned
there are working at the workplace but in this case, and in any case where it
is not practicable for people to maintain a distance of at least 2 metres
from each other, the occupier or operator of that workplace must take such alternative
steps as are reasonable to assist in controlling the spread of Covid-19
(whether by deploying visors, screens or any other measure).
(4) The
requirement in paragraph (1) does not apply –
(a) in the case of
paragraph (2)(c) in respect of people who expected
to sit at the same table in the food and drink premises; or
(b) in
the case of paragraph (2)(c) or (fa) where the occupier or operator of those
premises has taken alternative steps to assist in controlling the spread of
Covid‑19 through the use of screens that shield people from each other.[30]
(5) In
assessing whether any screens deployed by the occupier or operator are
sufficient to shield people from each other, the occupier or operator must take
into account any guidance published by the Medical Officer of Health.[31]
5D Exception for certain
gatherings of children in workplaces[32]
(1) No requirement of Article 5, 5B or 5C
applies in respect of the following gatherings in a workplace –
(a) a gathering to which
Article 8(1)(a), (b) or (d) of the Gatherings Order applies; or
(b) a gathering to which
Article 8(1)(c) of the Gatherings Order applies, unless 10 or more
people are participating in the gathering.
(2) In this Article –
(a) “Gatherings Order” means
the Covid‑19
(Gathering Control) (Jersey) Order 2020;
(b) a reference to people participating
in a gathering does not include activity organisers (as defined in
Article 8(2) of that Order) or children under 5 years of age.
6 Citation and
commencement
This Order may be cited as
the Covid-19 (Workplace Restrictions) (Jersey) Order 2020 and comes into
force on the day after it is made.