Covid-19
(Safe Distancing) (Jersey) Regulations 2020
1 Interpretation
(1) In
these Regulations –
“home” means a residential
unit, within the meaning of the Residential Tenancy
(Jersey) Law 2011, in which a person resides, and includes any associated
garden, yard or other outdoor space to which the public do not have access
without permission;
“household” means one or
more persons who reside in the same home, and a person is from another
household in relation to another person if they do not both reside in the same home;
“Medical Officer of
Health” means a person appointed as such under Article 10 of the Loi (1934) sur la Santé
Publique;
“Minister” means the Minister
for Health and Social Services.
(2) Nothing
in these Regulations is to be read as limiting the power to make an Order under
Regulation 5 of the Covid-19 (Screening,
Assessment and Isolation) (Jersey) Regulations 2020.
2 Safe distancing
(1) For the purpose of this Regulation a person
breaches safe distancing if the person gathers at less than 2 metres with
one or more other persons who are from one or more other households, when no
exception in or under paragraph (3) applies.
(2) [2]
(3) The
exceptions are –
(a) if the person is
in –
(i) that person’s home or another person’s
home,
(ii) a workplace, within
meaning of the Covid-19
(Workplace Restrictions) (Jersey) Regulations 2020, or
(iii) a construction site,
within the meaning of the Covid‑19
(Construction Work) (Jersey) Regulations 2020;
(b) if the person is required
to breach safe distancing to fulfil a legal obligation;
(c) if the persons who gather
do so –
(i) to enable the provision of medical
attention, or
(ii) in an emergency, to
avoid a risk of harm to any person or of substantial damage to any property, when
that emergency requires those persons to breach safe distancing;
(d) any other exception
provided for by Order by the Minister after consulting the Medical Officer of
Health.
(4) An Order under paragraph (3)(d) may
include consequential amendments to Regulation 1(1).
(5) This Regulation is subject to any Order
made under Regulation 6(4).
3 Responsibility for children
(1) [3]
(2) For
the purpose of paragraph (1) –
(a) “child” means a person
under the age of 18;
(b) an individual has
responsibility for a child if –
(i) the individual has custody or charge of
the child for the time being, or
(ii) the individual has
parental responsibility, within the meaning of the Children
(Jersey) Law 2002, for the child; and
(c) safe distancing has the
meaning given by Regulation 2(1).
(3) This
Regulation is subject to any Order made under Regulation 6(4).
4 Summary fine
(1) A
Centenier may summarily inflict and levy a fine of level 1 on the standard
scale on a person if –
(a) the
person is charged with an offence under these Regulations;
(b) the
Centenier has jurisdiction in relation to that offence; and
(c) the
person accepts the decision of the Centenier.
(2) If a
Centenier levies a fine under this Regulation –
(a) the
Centenier must give a receipt for it;
(b) the
Centenier must as soon as reasonably practicable inform the Chief Officer of
the States Police Force of the details of the fine; and
(c) one
half of the fine is to be retained by the parish in which the offence was
committed and the other half is to be paid into the consolidated fund.
5 Review, reporting, amendment and
repeal
(1) The
Minister must keep the operation of these Regulations under review.
(2) The Medical Officer of Health must report to
the Minister, at intervals of no more than 14 days, on –
(a) whether, since the last
report, there is any change (by way of decrease, increase or otherwise) in the
risk of the spread of Covid-19 in Jersey;
(b) whether there is a
foreseeable likelihood of any such change to that risk in the next 14 days;
and
(c) whether any such change
or likelihood leads the Medical Officer of Health to recommend that the Minister
should consider taking any action under paragraph (5).
(3) The Minister must, within a reasonable
period after receiving a report under paragraph (2) –
(a) if the report contains a
recommendation to consider action under paragraph (5), prepare a statement
of the Minister’s response to that recommendation; and
(b) lay the report, and the
statement (if any), before the Assembly.
(4) The condition for the purpose of paragraph (5)
is that the Minister is satisfied, after consulting the
Council of Ministers, and after considering a report under paragraph (2)
or otherwise after consulting the Medical Officer of Health, that it is no longer necessary and proportionate for the purpose
of reducing the foreseeable risk of the spread of Covid‑19 in Jersey
for persons to be subject to criminal sanction for failure to comply with the
requirements of Regulation 2 or 3.[4]
(5) If the condition in paragraph (4) is
met, the Minister must –
(a) make an Order under
Regulation 6(4) in relation to Regulations 2(2)
and 3(1); or
(b) bring
a proposition to the Assembly to amend either or both of Regulations 2 and
3, or to repeal these Regulations in their entirety.
6 Citation, duration and
suspension
(1) These
Regulations may be cited as the Covid-19 (Safe Distancing) (Jersey) Regulations
2020.
(2) These
Regulations come into force immediately after the end of the
period of restricted movement under the Covid-19 (Restricted Movement) (Jersey)
Order 2020.
(3) These
Regulations expire at the end of 30th April 2022.[5]
(4) The
Minister may, by Order, suspend the effect of Regulations 2(2) and 3(1) –
(a) permanently, until these
Regulations expire;
(b) indefinitely, until the
Order is revoked;
(c) for a period specified in
the Order; or
(d) for a period to be
determined in any manner specified in the Order.
(4A) The effect of Regulation 5 is suspended whenever the effect of
Regulations 2(2) and 3(1) is suspended under paragraph (4).[6]
(4B) Before making an Order to revoke an Order made under
paragraph (4), the Minister must –
(a) consult the Medical Officer of Health and the Council of
Ministers; and
(b) be satisfied that it is necessary and proportionate, having
regard to the foreseeable risk of the spread of Covid‑19 in Jersey, to revoke the Order.[7]
(5) Nothing
in an Order under paragraph (4) is to be treated as derogating from
paragraph (3).