Covid-19
(Control of Testing) (Jersey) Regulations 2020
part 1
standards
and inspection
1 Interpretation
(1) In
these Regulations unless indicated otherwise –
“administer”, in relation to a test, means administer a test to a
person by way of a pin prick, nasal swab, urine or blood sample using a kit
designed for that purpose, or in any other way;
“authorised person” means the Chief Minister or any individual
authorised by the Chief Minister under Article 33 of the Control
of Housing and Work (Jersey) Law 2012 to perform functions under Part 7 of that Law;
“consumer safety inspector” has the meaning given in Article 10
of the Consumer Safety Law;
“Consumer Safety Law” means the Consumer
Safety (Jersey) Law 2006;
“Control of Housing and Work Law” means the Control of Housing and Work (Jersey)
Law 2012;
“health officer” means –
(a) a person appointed under
Article 10 of the Public Health Law, other than the Medical Officer of
Health; or
(b) a doctor acting under the
direction of the Medical Officer of Health;
“inspection” means an inspection carried out under Regulation 4;
“Medical Officer of Health” means a person appointed as such under
Article 10 of the Public Health Law;
“Minister” means the Minister for Health
and Social Services;
“premises” means any premises at which a testing service is
provided, or at which a health officer reasonably believes such a service is
provided, and include a private dwelling which, subject to Regulation 4(5), may
be that of the person receiving the test, the testing officer, or any other
person;
“Public Health Law” means the Loi
(1934) sur la Santé Publique;
“publish” means publish online or in any other manner appearing to
the person publishing to be likely to bring the matter published to the
attention of those whom it concerns;
“Regulation of Care Law” means the Regulation of Care (Jersey) Law 2014;
“relevant guidance” means guidance published by the Medical Officer
of Health as to the steps to be taken by individuals who are confirmed or
suspected as being infected or contaminated with Covid-19;
“report” is construed in accordance with Regulation 11;
“Safety Order” has the meaning given in Article 9 of the
Consumer Safety Law;
“service provider” means the person who is responsible for providing
a testing service and includes a testing officer;
“standards” are construed in accordance with Regulation 2;
“test” includes any form of diagnostic test, including (but not
limited to) polymerase chain reaction testing and serology (antibody) testing
to determine whether a person is infected or
contaminated with Covid‑19 or has acquired Covid-19 antibodies;
“testing kit” means a kit designed to administer, analyse and give
the results of a test;
“testing officer” means a person who is engaged by a service provider
to perform, in respect of a person provided with a testing service, one or more
of the following –
(a) the administration of a test;
(b) the analysis of a test;
(c) the giving of the results of a test;
“testing service” means a service provided to an individual or an administration of the States under a contract for
services with the Minister assigned responsibility for that administration,
for the purpose of administering, analysing or giving the results of a test,
whether on the same premises, or at different premises.
(2) Nothing in these Regulations is to be read
as derogating from any provision of the Public Health Law.
2 Standards in respect Covid-19 testing
services
(1) Subject to paragraph (4), the Medical
Officer of Health must set and publish standards in respect of the provision of
testing services.
(2) A service provider must comply with those
standards.
(3) The standards set by the Medical Officer of
Health may be –
(a) revised from time to time
and must be published in their revised form; or
(b) replaced or withdrawn and
notice of any such replacement or withdrawal must be published.
(4) The Medical Officer of Health is not
required to set any standards under paragraph (1) if he or she endorses standards
set and published by any other person or body in the British Islands or
elsewhere, that the Medical Officer of Health considers to be an expert
authority on Covid‑19 testing.
(5) Nothing in paragraph (4) prevents the Medical
Officer of Health from setting and publishing standards which are in addition
to, or complement other standards endorsed by him or her.
(6) The standards, whether set by the Medical Officer of Health or endorsed by him or her –
(a) must address compliance
with the following matters –
(i) where a service provider
uses testing kits, that everything comprised within those kits is applied and
processed in accordance with the testing kit manufacturer’s instructions,
(ii) that a person who has
received a test –
(A) is given the result of
that test accurately,
(B) is given sufficient
information to enable the person to understand what the result means for him or
her, and
(C) is advised as to what
action, if any, that person may take in accordance with
relevant guidance;
(iii) hygiene and infection
control measures implemented at the premises at which the test is administered or
analysed,
(iv) that a service provider follows guidance issued by the Medical Officer of Health under
Regulation 14, and that any test result which gives rise to a
reasonable suspicion that a person is infected or contaminated with Covid-19 is
immediately reported to the Medical Officer of Health in accordance with
Regulation 13.
(b) may address compliance
with such other matters as the Medical Officer of Health, or, in the case of
standards endorsed by him or her, the other person or body, considers
appropriate.
3 Application of standards
(1) These Regulations apply only in respect of
testing services within the meaning of these Regulations.
(2) For the avoidance of doubt –
(a) screening or assessment
under Part 3 (powers in relation to persons suspected to
be potentially infectious) of the Covid‑19 (Screening, Assessment and
Isolation) (Jersey) Regulations 2020, by a health officer within
the meaning of those Regulations, is not a testing service;
(b) a person designated by any
Minister to administer, analyse or give the results of a test is not providing
a testing service; and
(c) a person who purchases a
testing kit so as to self-administer a test, analyse it and receive the results
of that test, is not in receipt of a testing service.
(3) The standards apply regardless of –
(a) whether or not the
testing service is provided free of charge or at a charge;
(b) whether or not the test
is administered, analysed, or the result is given by a doctor, a health care
practitioner registered under Health Care (Registration) (Jersey) Law 1995, or any other person;
(c) the method by which the
test is administered, analysed or the result is given; or
(d) the premises at which the
test is administered or analysed.
(4) The standards apply where, at any premises,
a testing officer –
(a) administers, analyses, or
gives the result of the test; or
(b) does some of the things
mentioned in sub-paragraph (a) and the person receiving the test, or any
other person does the rest.
4 Inspection of testing services
(1) It is the function of a health officer to carry
out the inspection of a testing service for the purpose of determining whether
or not the service provider is complying with the standards.
(2) An inspection under paragraph (1) must
be carried out –
(a) when the Minister so
directs; or
(b) at the request of an authorised
person, if in the course of exercising functions under Part 7 (controls on
working) of the Control of Housing and Work Law, the authorised person
considers that such an inspection is necessary.
(3) A health officer carrying out an inspection
of premises –
(a) may be accompanied by a police officer and such other persons as
he or she considers necessary for the purposes of the inspection; and
(b) may have with him or her such equipment as he or she considers
necessary for carrying out the inspection.
(4) In discharging the function under paragraph (1),
a health officer may, subject to paragraph (5), inspect any of the
following –
(a) the condition or state of
the premises at which the testing service is delivered, including a testing
officer’s own private dwelling if all, or part of the testing service is
delivered there;
(b) the hygiene and infection
control measures implemented at the premises at which the test is administered
or analysed, provided that where a test is administered to a person, or
analysed in that person’s own private dwelling or that of another person, those
persons consent to the carrying out of that inspection in their own dwelling;
(c) the treatment of the
person receiving the test at the premises, provided that where a test is
administered to a person in that person’s own private dwelling or the private
dwelling of another person, those persons consent to the carrying out of that
inspection in their own dwelling;
(d) whether the person who
has received a test –
(i) is given the result of that test accurately,
(ii) is
given sufficient information to enable the person to understand what the result
means for him or her, and
(iii) is advised as to what
action, if any, that person may take in accordance with relevant guidance;
(e) where testing kits are
used –
(i) whether everything within those kits is being used in accordance with the kit manufacturer’s
instructions,
(ii) whether they are
being used in contravention of any Safety Order for the time being in force, or
(iii) regardless of clause (ii), whether
their use gives cause for concern over their safety such as to warrant
informing a consumer safety inspector;
(f) records to determine whether
the service provider is following guidance issued by the Medical Officer of
Health under Regulation 14 and, if the case so requires, complying with
the requirement to inform the Medical Officer of Health under Regulation 13.
(5) However, in paragraph (4)
“premises” –
(a) in
sub-paragraph (a) does not include the private dwelling of the person
receiving the test, or the private dwelling of a person who is not the testing
officer;
(b) in
sub-paragraph (b) includes a testing officer’s own private dwelling if the
test is administered or analysed there;
(c) in sub-paragraph (c)
includes a testing officer’s own private dwelling if the test is administered
there;
(6) A health officer may inspect any other
matter as may be set out in the standards.
5 Powers of inspection - supplementary
(1) For the purpose of carrying out an inspection,
a health officer may –
(a) inspect and take copies
of any documents or other records;
(b) have
access to, and check the operation of, any computer, and any associated
apparatus or material which is or has been in use in connection with any
documents;
(c) seize and remove from the
inspected premises any documents, records and any other items, including those
mentioned in sub-paragraph (d);
(d) have access to, and check
the operation of apparatus, testing kits, samples or
other material used for, or in connection with the testing service;
(e) take samples or swabs for
the purpose of scientific analysis;
(f) inspect any other item;
(g) with the consent of the
person receiving a test, witness the administering, analysis or giving the
result of the test by a testing officer;
(h) with the person’s
consent, interview in private any person receiving a test, a service provider,
testing officer (if different) or any other person working at the premises at which
the testing service is delivered.
(2) The power under paragraph (1)(a)
includes the power to –
(a) require any person
holding or accountable for documents or records (whether or not kept at the
premises) to produce them for inspection at the premises; and
(b) to require any records
which are kept by means of a computer to be produced in a form in which they
are legible and can be taken away.
(3) The power under paragraph (1)(h) to
interview a service provider includes, in the case of a body corporate, limited
liability partnership or separate limited partnership, the power to interview,
in private, any director, manager, secretary, partner or other similar officer
of the body corporate or partnership.
(4) A health officer may –
(a) require any person to afford the health officer such facilities
and assistance with respect to matters within the person’s control as are
necessary to enable the officer to carry out the inspection; and
(b) take such measurements and photographs, and make such
recordings, as the health officer considers necessary for the purposes of the
inspection.
(5) Any of the documents, records and other
items removed or seized from premises under paragraph (1) may be detained
for as long as the health officer considers necessary.
(6) After completing an inspection, the health
officer must provide the service provider with an inventory of all the
documents, records and other items removed or seized under paragraph (1).
(7) In this Regulation –
(a) “documents or records”
includes a reference to personal records such as the person’s contact
information, correspondence between that person and the service provider,
details of the test administered and the result of the test;
(b) “limited liability partnership” is construed in accordance with Article 2 of the Limited Liability Partnerships (Jersey) Law 2017, and references to “partner” and “secretary”
in relation to such an entity carry the definitions respectively assigned under
that Law;
(c) “separate limited
partnership” is construed in accordance with Article 3
of the Separate
Limited Partnerships (Jersey) Law 2011, and a “partner”
in relation to such an entity carries the definition assigned under that Law.
6 Power of health officers to sample a
testing service
(1) For the purpose of carrying out an
inspection, a health officer may require a service provider to provide that
officer with a testing service.
(2) Where paragraph (1) applies, the service
provider must deliver the testing service as if the health officer were an
ordinary member of the public receiving that service.
(3) A service provider is entitled to payment
for a testing service required under this Regulation, if that service is
ordinarily provided at a charge.
7 Power of health officers to enter
premises without a warrant
(1) For the purpose of carrying out an
inspection a health officer may enter any premises at any reasonable time, but
in the case of a private dwelling where all or part of the testing service is
provided, may only do so with the owner or occupier’s prior consent.
(2) If requested by the owner or occupier of
the premises to do so, a health officer must produce evidence of his or her
authority to carry out an inspection and to enter premises for that purpose.
8 Warrant to enter premises
(1) The Bailiff or a Jurat may grant a warrant permitting a health officer to enter any premises
(including a testing officer’s private dwelling if all or part of a testing
service is provided there) if satisfied that there are
reasonable grounds for a health officer to believe that there are on those
premises, apparatus, testing kits, samples or other
material used for, or in connection with a testing service, or records and
other documents inspection of which is necessary for the purpose mentioned in Regulation 7(1),
and that –
(a) entry to the premises has
been refused, or a refusal is expected, and that notice of the intention to
apply for a warrant has been given to the owner or occupier;
(b) a request to the owner or
occupier for admission or the giving of such a notice would defeat the purpose
of the proposed entry; or
(c) the premises are
unoccupied or the owner or occupier is temporarily absent, and the case is urgent.
(2) A warrant granted under paragraph (1)
continues in force for 30 days.
9 Offence of obstructing or non-compliance
(1) A person who intentionally obstructs a
health officer acting in the execution of functions conferred by any of Regulations 4,
5, 6, 7 or 8 commits an offence and is liable to
imprisonment for a term of 6 months and to a fine of level 3
on the standard scale.
(2) A person who –
(a) fails, without reasonable excuse to comply with a requirement mentioned
in Regulation 5 or 6; or
(b) when required to produce any document or give any other
information, produces a document or gives information which is false in a
material particular, knowing the document or information to be false in that
particular,
commits an offence and is liable to imprisonment for a term of 6
months and to a fine of level 3 on the standard scale.
10 Duty to inform service
provider of findings in relation to items removed for analysis etc.
(1) This Regulation applies where –
(a) under Regulation 5, apparatus,
testing kits, samples or other
material used for, or in connection with the testing service have been seized and removed from premises for the purpose of
analysis or testing; or
(b) under Regulation 6 a
health officer has received a testing service.
(2) The health officer carrying out the
inspection must, as soon as is reasonably practicable, notify the service provider
of the officer’s findings in relation to the analysis or
testing of the items referred in paragraph (1)(a), or of the conduct of the testing
service.
11 Inspection report
(1) The health officer carrying out the
inspection must, following that inspection, prepare a written report containing
his or her findings and recommendations.
(2) The health officer must set out in the report
the extent to which the standards have, or have not been complied with.
(3) If a standard has not been complied with,
the health officer must recommend what remedial action the service provider
must take in order to comply with the standard in question, and a reasonable
timescale within which that action must be taken.
(4) If it appears that
the testing service presents a significant risk to public health or the health
of individuals, the health officer must set out in the report why that
appears to be the case.
(5) Subject to paragraph (6), the report
must be sent to the Minister and a copy of it sent to the service provider.
(6) In
the case of a recommendation under paragraph (3), the health officer must,
before finalising the report, send a draft copy of it to the service provider.
(7) The service provider may submit a response
to the draft not later than 28 days after the day it is received by that
provider;
(8) If a response submitted under
paragraph (7) identifies an error of fact in the draft report, and the
health officer accepts the error, he or she must correct the error before
finalising the report.
(9) Where paragraph (4) applies, a copy of
the report must, as soon as is reasonably practicable, also be sent to the
authorities listed in paragraph (10) and such other persons as the health
officer considers necessary.
(10) The authorities mentioned in paragraph (9)
are –
(a) the Medical Officer of
Health;
(b) the Chief Consumer Safety
Inspector as defined by Article 3 of the Consumer Safety Law; and
(c) the Health and Social Care
Commission established by Article 35 of the Regulation of Care Law.
12 Minister’s determination
(1) On receipt of the report, the Minister must determine whether
or not to accept the health officer’s recommendation under Regulation 11(3).
(2) If the Minister so accepts the recommendation, he or she
must determine whether or not to direct the health officer to re-inspect the
testing service upon the expiry of the timescale within which remedial action
must be taken.
(3) If
it appears to the Minister that the risk mentioned in Regulation 11(4) is
as a result of activities not permitted by a licence granted under Article 26
of the Control of Housing and Work Law, the Minister must request the Chief
Minister to consider exercising his or her powers under Article 37(2) of
that Law to serve a notice requiring the cessation of such activities.
(4) If the Minister makes a determination under
paragraph (2) and upon the health officer’s re-inspection it appears that –
(a) the service provider has
failed to take the remedial action required, the Minister must request the
Chief Minister to consider exercising his or her powers under Article 30
(revocation of licence) of the Control of Housing and Work Law; or
(b) that the testing service
presents a significant risk to public health or the health of individuals, the
Minister must request the Chief Minister to consider exercising his or her
powers under Article 37(2) of that Law to serve a notice requiring the
cessation of such activities.
(5) For the purposes of paragraph (4), a
re-inspection may be carried out in such manner as the health officer considers
appropriate in the circumstances of the case, and Regulations 4 to 10
apply for the purposes of a re-inspection.
(6) Subject to paragraph (7), before finalising
a re-inspection report the health officer must send a draft of it to the
service provider, and Regulation 11(7) and (8) apply for the purposes of a
re-inspection.
(7) Paragraph (6) does not apply if it appears
that the testing service presents a significant risk to public health or the
health of individuals.
(8) The Minister must make a determination under
paragraphs (1) and (2), or paragraph (3), as the case may be, not
later than 7 days after the Minister receives the report.
(9) A determination under paragraph (4) must be
made not later than 7 days after the Minister receives the re-inspection report
from the health officer.
(10) Notification of a determination must be
given to the service provider as soon as possible after the determination is
made.
(11) A request to the Chief Minister under
paragraph (3) or (4) must be made at the same time as the notification
given under paragraph (10).
part 2
miscellaneous provisions
13 Duty to notify Medical
Officer of Health of Covid-19 infection or suspected infection
(1) A service provider must immediately notify
the Medical Officer of Health if a person’s test results –
(a) indicate that the person
is infected or contaminated with Covid‑19; or
(b) give the service provider
reasonable cause to suspect that that person is infected or contaminated with
Covid‑19.
(2) A person who fails, without reasonable
excuse, to comply with the requirement in paragraph (1) commits an offence
and is liable to a fine of level 2 on the standard scale.
14 Duty of Medical Officer
of Health to issue guidance
(1) Paragraph (2) applies for the purposes
of assisting –
(a) persons who, under Article 23 of the Public Health Law, are required
to notify immediately the Medical Officer of Health of a person in their
custody or care who has notifiable disease under that Law, but who has not been
visited by a doctor; or
(b) a service provider to
comply with the duty in Regulation 13.
(2) The Medical Officer of Health must issue
and publish guidance to assist the persons referred to in paragraph (1) in
determining –
(a) for the purpose of
Article 23 of the Public Health Law, whether or not the symptoms displayed
by the person in question, are such as to give rise to a reasonable suspicion
that the person is infected or contaminated with Covid‑19; or
(b) for the purpose of
Regulation 13(1)(b), whether or not a person’s test results are such as to
give rise to a reasonable suspicion that the person is infected or contaminated
with Covid‑19.
(3) For the avoidance of doubt and for the
purposes of paragraphs (1)(a) and (2)(a), persons described in Article 23
of the Public Health Law as having the custody or care of a person, include a
registered manager of a care home service or a person providing a home care
service within the meaning of the Regulation of Care Law.
15 [1]
16 Citation and commencement
These Regulations may be cited as the Covid-19 (Control of Testing)
(Jersey) Regulations 2020 and come into force on the day after they are made.