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Order Paper 14th December 2020

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STATES OF JERSEY ORDER PAPER

14th DECEMBER 2020

SUMMARY

9.30 a.m. Communications by the Presiding Officer and other announcements Statements

 Chief Minister regarding the Government Plan 2021–2024

Approx. 10.00 a.m.  Government Plan: 2021-24 (P.130/2020)

Government Plan 2021–2024 (P.130/2020): amendment (P.130/2020 Amd.)

(Implementation of Public Services Ombudsman in 2021)

Government Plan 2021–2024 (P.130/2020): amendment (P.130/2020 Amd.) – amendment (P.130/2020 Amd.Amd.)

(Public Services Ombudsman to be implemented in 2022, 2023 and 2024)

Government Plan 2021–2024 (P.130/2020): second amendment (P.130/2020 Amd.(2))

(Increased funding for the Jersey Premium)

Government Plan 2021–2024 (P.130/2020): second amendment (P.130/2020 Amd.(2)) – amendment (P.130/2020 Amd.(2))

(Funding for the Jersey Premium to be taken from the General Reserve)

Government Plan 2021–2024 (P.130/2020): third amendment (P.130/2020 Amd.(3)

(Additional funding for the care leavers budget)

Government Plan 2021–2024 (P.130/2020): third amendment (P.130/2020 Amd.(3)) – amendment (P.130/2020 Amd.(3))

(Allow for additional funding for care leavers budget from the General Reserve)

Government Plan 2021–2024 (P.130/2020): fourth amendment (P.130/2020 Amd.(4))

(Standard rate of personal Income Tax of 25% from 2022)

Government Plan 2021–2024 (P.130/2020): fifth amendment (P.130/2020 Amd.(5))

(Reducing rate of duty on biodiesels)

Government Plan 2021–2024 (P.130/2020): sixth amendment (P.130/2020 Amd.(6))

(Child Care Tax Relief)

Government Plan 2021–2024 (P.130/2020): seventh amendment (P.130/2020 Amd.(7))

(Increased Stamp Duty on transactions over £2 million)

Government Plan 2021–2024 (P.130/2020): seventh amendment (P.130/2020 Amd.(7)) – amendment (P.130/2020 Amd.(7)Amd.) (Ensuring Land Transactions Tax is included in increased Stamp Duty) Government Plan 2021–2024 (P.130/2020): eighth amendment (P.130/2020 Amd.(8))

(Child Tax Allowances)

Government Plan 2021–2024 (P.130/2020): ninth amendment (P.130/2020 Amd.(9))

(Bus pass scheme for people aged under 21)

Government Plan 2021–2024 (P.130/2020): tenth amendment (P.130/2020 Amd.(10))

(Funding of public services by the Parishes)

Government Plan 2021–2024 (P.130/2020): tenth amendment (P.130/2020 Amd.(10)) – amendment (P.130/2020 Amd.(10)Amd.) (Identification of funding for review of public services by the Parishes)

Note: Notice has been given of the intention to propose that the minimum lodging period be reduced so that the proposition can be debated.

Government Plan 2021–2024 (P.130/2020): eleventh amendment (P.130/2020 Amd.(11))

(Funding for Beresford Street Kitchen)

Government Plan 2021–2024 (P.130/2020): eleventh amendment (P.130/2020 Amd.(11)) – amendment (P.130/2020 Amd.(11)Amd.) (Reduced funding for Beresford Street Kitchen)

Note: Notice has been given of the intention to propose that the minimum lodging period be reduced so that the proposition can be debated.

Government Plan 2021–2024 (P.130/2020): twelfth amendment (P.130/2020 Amd.(12))

(Repair and maintenance of Elizabeth Castle)

Government Plan 2021–2024 (P.130/2020): twelfth amendment (P.130/2020 Amd.(12)) – amendment (P.130/2020 Amd.(12)Amd.) (Business case for work on Elizabeth Castle)

Government Plan 2021–2024 (P.130/2020): thirteenth amendment (P.130/2020 Amd.(13))

(Continued 1% of public expenditure on the arts from 2024 onwards)

Government Plan 2021–2024 (P.130/2020): fourteenth amendment (P.130/2020 Amd.(14))

(Use of unspent funds and development of estates strategy)

Government Plan 2021–2024 (P.130/2020): fifteenth amendment (P.130/2020 Amd.(15))

(Refund of GST on carbon neutral purchases)

Government Plan 2021–2024 (P.130/2020): sixteenth amendment (P.130/2020 Amd.(16))

(Reduce the level of borrowing)

Government Plan 2021–2024 (P.130/2020): seventeenth amendment (P.130/2020 Amd.(17))

(Poverty Commission)

Government Plan 2021–2024 (P.130/2020): eighteenth amendment (P.130/2020 Amd.(18))

(Extension of school meals pilot)

Government Plan 2021–2024 (P.130/2020): nineteenth amendment (P.130/2020 Amd.(19))

(Grant to the Institute of Law)

Note: Notice has been given of the intention to propose that the minimum lodging period be reduced so that the proposition can be debated.

Government Plan 2021–2024 (P.130/2020): twentieth amendment (P.130/2020 Amd.(20))

(Headquarters for Sea Cadets Jersey)

Note: Notice has been given of the intention to propose that the minimum lodging period be reduced so that the proposition can be debated.

Government Plan 2021–2024 (P.130/2020): twenty-first amendment (P.130/2020 Amd.(21))

(Funding for tree preservation initiatives)

Note: Notice has been given of the intention to propose that the minimum lodging period be reduced so that the proposition can be debated.

Draft Finance (2021 Budget) (Jersey) Law 202- (P.147/2020)

Note: Notice has been given of the intention to propose that the minimum lodging period be reduced so that the proposition can be debated.

Draft Finance (2021 Budget) (Jersey) Law 202- (P.147/2020): amendment (P.147/2020 Amd.)

Draft Social Security (Amendment of Law No. 15) (Jersey) Regulations 202- (P.148/2020)

Draft Health Insurance Fund (Miscellaneous Provisions) (Amendment No. 2) (Jersey) Law 202- (P.156/2020)

Note: Notice has been given of the intention to propose that the minimum lodging period be reduced so that the proposition can be debated.

Arrangement of public business at subsequent meetings

Lunch adjournment likely around 12.45 p.m., until 2.15 p.m.

If business is not completed by around 5.30 p.m. the Assembly usually adjourns for the evening and will resume its meeting at 9.30 a.m. on Tuesday 15th, Wednesday 16th and Thursday 17th December 2020 if necessary.

STATES OF JERSEY ORDER PAPER

14th DECEMBER 2020

  1. COMMUNICATIONS BY THE PRESIDING OFFICER
  2. TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)

Covid-19 (Workplace Restrictions) (Amendment No. 4) (Jersey) Order 2020.  R&O.152/2020. Minister for Health and Social Services.

Covid-19 (Safe Distancing – Exception and Revocation of Suspension) (Jersey) R&O.158/2020. Order 2020.

Minister for Health and Social Services.

Covid-19 (Workplace Restrictions) (Amendment No. 5) (Jersey) Order 2020.  R&O.161/2020. Minister for Health and Social Services.

Emergency  Powers  and  Planning  (Medicines  and  Vaccines   Covid-19  and R&O.162/2020. Influenza) (Jersey) Order 2020.

Minister for Health and Social Services.

Road Traffic (Speed Limits) (Amendment No. 12) (Jersey) Order 2020.  R&O.163/2020. Minister for Infrastructure.

Covid-19 (Workplace – Fifteenth Extension) (Jersey) Order 2020.  R&O.164/2020. Minister for Health and Social Services.

  1. DOCUMENTS PRESENTED

States of Jersey Law 2005: Delegation of Functions – Minister for the  R.135/2020. Environment – Appointment of an Assistant Minister.

Presented: 4th December 2020, Minister for the Environment.

Jersey Competition Regulatory Authority: Chief Executive - Appointment.  R.136/2020. Presented: 7th December 2020,  Minister for Economic Development, Tourism,

Sport and Culture.

Sustainable Transport Policy – Status Update – November 2020.  R.137/2020. Presented: 7th December 2020, Minister for Infrastructure.

States of Jersey Law 2005: Delegation of Functions Minister for Economic R.138/2020. Development, Tourism, Sport and Culture – Appointment of Assistant Ministers.

Presented: 8th December 2020,  Minister for Economic Development, Tourism,

Sport and Culture.

States of Jersey Complaints Board: Findings – Complaint by Mr. S. Newman against R.139/2020. the Treasury and Exchequer Department regarding the Valuation and Calculation of

Pension Entitlements.

Presented: 9th December 2020, Privileges and Procedures Committee.

Scrutiny Review of the Government Plan: 2021–2024 – Economic and International S.R.14/2020. Affairs Scrutiny Panel Report.

Presented: 4th December 2020, Economic and International Affairs Scrutiny Panel. Government Plan Review: 2021–2024.  S.R.15/2020. Presented: 7th December 2020, Corporate Services Scrutiny Panel.

  1. NOTIFICATION OF LODGED PROPOSITIONS

Government Plan 2021–2024 (P.130/2020): amendment (P.130/2020 Amd.) –  P.130/2020. amendment.  Amd.Amd. Lodged: 7th December 2020, Council of Ministers.

Government  Plan  2021–2024  (P.130/2020):  second  amendment  (P.130/2020 P.130/2020. Amd.(2)) – amendment.  Amd.(2). Lodged: 7th December 2020, Council of Ministers. Amd.

Government  Plan  2021–2024  (P.130/2020):  third  amendment  (P.130/2020 P.130/2020. Amd.(3)) – amendment.  Amd.(3). Lodged: 7th December 2020, Council of Ministers. Amd.

Government Plan 2021–2024 (P.130/2020): seventh amendment (P.130/2020  P.130/2020 Amd.(7)) – amendment.  Amd.(7). Lodged: 7th December 2020, Corporate Services Scrutiny Panel.  Amd.

Government  Plan  2021–2024  (P.130/2020):  tenth  amendment  (P.130/2020 P.130/2020. Amd.(10)) – amendment.  Amd.(10). Lodged: 8th December 2020, Council of Ministers. Amd.

Government  Plan  2021–2024  (P.130/2020):  eleventh  amendment  (P.130/2020 P.130/2020. Amd.(11)) – amendment.  Amd.(11). Lodged: 8th December 2020, Council of Ministers. Amd.

Government Plan 2021–2024 (P.130/2020): twelfth amendment (P.130/2020  P.130/2020. Amd.(12)) – amendment.  Amd.(12). Lodged: 7th December 2020, Council of Ministers. Amd.

Draft Finance (2021 Budget) (Jersey) Law 202- (P.147/2020): amendment.  P.147/2020. Lodged: 7th December 2020, Minister for Treasury and Resources.  Amd.

Draft Amendment (No. 51) of the Standing Orders of the States of Jersey.  P.161/2020. Lodged: 4th December 2020, Deputy S.M. Wickenden of St. Helier .

Draft Financial Services Ombudsman (Board – Amendment) (Jersey) Regulations P.162/2020. 202-.

Lodged: 7th December 2020, Minister for Economic Development, Tourism, Sport

and Culture.

  1. STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY

The Chief Minister will make a statement regarding the Government Plan 2021–2024.

  1. PUBLIC BUSINESS

Government Plan: 2021-24.  P.130/2020. Lodged: 12th October 2020, Council of Ministers.  (Re-issue)

Government Plan: 2021-24 – Annex. R.111/2020. Presented: 12th October 2020, Council of Ministers.

Scrutiny Review of the Government Plan: 2021-2024 – Health and Social Security  S.R.10/2020. Panel.

Presented: 27th November 2020, Health and Social Scrutiny Panel.

Scrutiny Review of the Government Plan: 2021-2024 – Children, Education and Home  S.R.11/2020. Affairs Scrutiny Panel.

Presented: 1st December 2020, Children, Education and Home Affairs Scrutiny Panel.

Scrutiny Review of the Government Plan: 2021-2024 – Environment, Housing and  S.R.12/2020. Infrastructure Scrutiny Panel.

Presented: 2nd December 2020, Environment, Housing and Infrastructure Scrutiny

Panel.

Scrutiny Review of the Government Plan: 2021–2024 – Economic and International  S.R.14/2020. Affairs Scrutiny Panel Report.

Presented: 4th December 2020, Economic and International Affairs Scrutiny Panel.

Government Plan Review: 2021–2024.  S.R.15/2020. Presented: 7th December 2020, Corporate Services Scrutiny Panel.

Government Plan 2021–2024 (P.130/2020): amendment.  P.130/2020. Lodged: 27th November 2020, Children, Education and Home Affairs Scrutiny Panel.  Amd.

Government  Plan  2021–2024  (P.130/2020):  amendment  (P.130/2020  Amd.)   P.130/2020. amendment.  Amd.Amd. Lodged: 7th December 2020, Council of Ministers.

Government Plan 2021–2024 (P.130/2020): second amendment.  P.130/2020. Lodged: 27th November 2020, Children, Education and Home Affairs Scrutiny Panel.  Amd.(2).

Government  Plan  2021–2024  (P.130/2020):  second  amendment  (P.130/2020 P.130/2020. Amd.(2)) – amendment.  Amd.(2). Lodged: 7th December 2020, Council of Ministers. Amd.

Government Plan 2021–2024 (P.130/2020): third amendment.  P.130/2020. Lodged: 27th November 2020, Children, Education and Home Affairs Scrutiny Panel.  Amd.(3).

Government  Plan  2021–2024  (P.130/2020):  third  amendment  (P.130/2020 P.130/2020. Amd.(3)) – amendment.  Amd.(3). Lodged: 7th December 2020, Council of Ministers. Amd.

Government Plan 2021–2024 (P.130/2020): fourth amendment.  P.130/2020. Lodged: 30th November 2020, Senator S.Y. Mézec .  Amd.(4).

Government Plan 2021–2024 (P.130/2020): fifth amendment.  P.130/2020. Lodged: 30th November 2020, Deputy R.J. Ward of St.Helier.  Amd.(5).

Government Plan 2021–2024 (P.130/2020): sixth amendment.  P.130/2020. Lodged: 30th November 2020, Corporate Services Scrutiny Panel.  Amd.(6).

Government Plan 2021–2024 (P.130/2020): seventh amendment.  P.130/2020. Lodged: 30th November 2020, Corporate Services Scrutiny Panel.  Amd.(7).

Government  Plan  2021–2024  (P.130/2020):  seventh  amendment  (P.130/2020 P.130/2020 Amd.(7)) – amendment.  Amd.(7). Lodged: 7th December 2020, Corporate Services Scrutiny Panel.  Amd. Government Plan 2021–2024 (P.130/2020): eighth amendment.  P.130/2020. Lodged: 30th November 2020, Corporate Services Scrutiny Panel.  Amd.(8).

Government Plan 2021–2024 (P.130/2020): ninth amendment.  P.130/2020. Lodged: 30th November 2020, Deputy R.J. Ward of St. Helier .  Amd.(9).

Government Plan 2021–2024 (P.130/2020): tenth amendment.  P.130/2020. Lodged: 30th November 2020, Connétable of St. Helier .  Amd.(10).

Government  Plan  2021–2024  (P.130/2020):  tenth  amendment  (P.130/2020 P.130/2020. Amd.(10)) – amendment.  Amd.(10). Lodged: 8th December 2020, Council of Ministers. Amd.

Note: Because of the requirement for a one-week lodging period, the minimum lodging period of the amendment of the Council of Ministers will expire on Tuesday 15th December 2020. The Chief Minister has therefore given notice of his intention to propose, in accordance with Standing Order 26(7), that the minimum lodging period for the proposition be reduced in order that it can be debated at the meeting.

Government Plan 2021–2024 (P.130/2020): eleventh amendment.  P.130/2020. Lodged: 30th November 2020, Deputy R.J. Ward of St. Helier .  Amd.(11).

Government  Plan  2021–2024  (P.130/2020):  eleventh  amendment  (P.130/2020 P.130/2020. Amd.(11)) – amendment.  Amd.(11). Lodged: 8th December 2020, Council of Ministers. Amd.

Note: Because of the requirement for a one-week lodging period, the minimum lodging period of the amendment of the Council of Ministers will expire on Tuesday 15th December 2020. The Chief Minister has therefore given notice of his intention to propose, in accordance with Standing Order 26(7), that the minimum lodging period for the proposition be reduced in order that it can be debated at the meeting.

Government Plan 2021–2024 (P.130/2020): twelfth amendment.  P.130/2020. Lodged: 30th November 2020, Deputy M. Tadier of St. Brelade .  Amd.(12). (Re-issue)

Government  Plan  2021–2024  (P.130/2020):  twelfth  amendment  (P.130/2020 P.130/2020. Amd.(12)) – amendment.  Amd.(12). Lodged: 7th December 2020, Council of Ministers. Amd.

Government Plan 2021–2024 (P.130/2020): thirteenth amendment.  P.130/2020. Lodged: 30th November 2020, Deputy M. Tadier of St. Brelade .  Amd.(13).

Government Plan 2021–2024 (P.130/2020): fourteenth amendment.  P.130/2020. Lodged: 30th November 2020, Senator I.J. Gorst .  Amd.(14).

Government Plan 2021–2024 (P.130/2020): fifteenth amendment.  P.130/2020. Lodged: 30th November 2020, Senator K.L. Moore .  Amd.(15).

Government Plan 2021–2024 (P.130/2020): sixteenth amendment.  P.130/2020. Lodged: 30th November 2020, Goverment Plan Review Panel.  Amd.(16). (Re-issue)

Government Plan 2021–2024 (P.130/2020): seventeenth amendment.  P.130/2020. Lodged: 30th November 2020, Depeputy K.G. Pamplin of St. Saviour .  Amd.(17). (Re-issue)

Government Plan 2021–2024 (P.130/2020): eighteenth amendment.  P.130/2020. Lodged: 30th November 2020, Deputy R.J. Ward of St. Helier .  Amd.(18).

Government Plan 2021–2024 (P.130/2020): nineteenth amendment.  P.130/2020. Lodged: 1st December 2020, Deputy M.R. Higgins of St. Helier .  Amd.(19).

Note: Because of the requirement for a two-week lodging period, the minimum lodging period of the amendment of Deputy M.R. Higgins of St. Helier will expire on Tuesday 15th December 2020. The Deputy has therefore given notice of his intention to propose, in accordance with Standing Order 26(7), that the minimum lodging period for the proposition be reduced in order that it can be debated at the meeting.

Government Plan 2021–2024 (P.130/2020): twentieth amendment.  P.130/2020. Lodged: 1st December 2020, Deputy M.R. Higgins of St. Helier .  Amd.(20).

Note: Because of the requirement for a two-week lodging period, the minimum lodging period of the amendment of Deputy M.R. Higgins of St. Helier will expire on Tuesday 15th December 2020. The Deputy has therefore given notice of his intention to propose, in accordance with Standing Order 26(7), that the minimum lodging period for the proposition be reduced in order that it can be debated at the meeting.

Government Plan 2021–2024 (P.130/2020): twenty-first amendment.  P.130/2020. Lodged: 1st December 2020, Connétable of St. Brelade .  Amd.(21).

Note: Because of the requirement for a two-week lodging period, the minimum lodging period of the amendment of the Connétable of St. Brelade will expire on Tuesday 15th December 2020. The Connétable has therefore given notice of his intention to propose, in accordance with Standing Order 26(7), that the minimum lodging period for the proposition be reduced in order that it can be debated at the meeting.

Draft Finance (2021 Budget) (Jersey) Law 202-.  P.147/2020. Lodged: 2nd November 2020, Minister for Treasury and Resources.

Draft Act declaring that the Finance (2021 Budget) (Jersey) Law 202- has immediate P.147/2020. effect: addendum to P.147/2020.  Add. Presented: 4th November 2020, Minister for Treasury and Resources.

Draft Finance (2021 Budget) (Jersey) Law 202- (P.147/2020): amendment.  P.147/2020. Lodged: 7th December 2020, Minister for Treasury and Resources.  Amd.

Note: Because of the requirement for a two-week lodging period, the minimum lodging period of the amendment of the Minister for Treasury and Resources will expire on Monday 21st December 2020. The Minister has therefore given notice of her intention to propose, in accordance with Standing Order 26(7), that the minimum lodging period for the proposition be reduced in order that it can be debated at the meeting.

Draft Social Security (Amendment of Law No. 15) (Jersey) Regulations 202-.  P.148/2020. Lodged: 2nd November 2020, Minister for Social Security.

Draft Health Insurance Fund (Miscellaneous Provisions) (Amendment No. 2) P.156/2020. (Jersey) Law 202-.

Lodged: 5th November 2020, Minister for Social Security.

Note: Because of the requirement for a six-week lodging period, the minimum lodging period of the proposition of the Minister for Social Security will expire on Thursday 17th December 2020. The Minister has therefore given notice of her intention to propose, in accordance with Standing Order 26(7), that the minimum lodging period for the proposition be reduced in order that it can be debated at the meeting.

  1. ARRANGEMENT OF PUBLIC BUSINESS 19th January 2021

Encroachments on the Foreshore: revised policy. P.111/2020. Lodged: 18th September 2020, Minister for Infrastructure.

Secondary Employment of Public Sector Employees: Review of Policies. P.146/2020. Lodged: 30th October 2020, Deputy J.M. Maçon of St. Saviour .

Draft Amendment (No. 51) of the Standing Orders of the States of Jersey.  P.161/2020. Lodged: 4th December 2020, Deputy S.M. Wickenden of St. Helier .

Draft Financial Services Ombudsman (Board – Amendment) (Jersey) Regulations P.162/2020. 202-.

Lodged: 7th December 2020, Minister for Economic Development, Tourism, Sport and

Culture.

9th February 2021

Draft Wildlife (Jersey) Law 202-.  P.110/2020. Lodged: 11th September 2020, Minister for the Environment.  (Re-issue)

Note: The 2nd reading of the Draft Regulations will resume, following adoption of the principles on 3rd November 2020 and the subsequent referral to the Environment, Housing and Infrastructure Scrutiny Panel under Standing Order 72(1).  

Draft Wildlife (Jersey) Law 2020- (P.110/2020): amendment.  P.110/2020. Lodged: 21st October 2020, Deputy of St. Martin .  Amd.

Draft  Wildlife  (Jersey)  Law  202-  (P.110/202):  amendment  (P.110/2020 Amd.)   P.110/2020. comments.  Amd.Com. Presented: 30th October 2020, Minister for the Environment.

Immigration Acts: extension to Jersey by Order in Council. P.119/2020. Lodged: 22nd September 2020, Chief Minister.

Migration Control Policy.  P.137/2020. Lodged: 20th October 2020, Chief Minister.

Migration Control Policy (P.137/2020): amendment.  P.137/2020. Lodged: 23rd October 2020, Deputy J.H. Perchard of St. Saviour .  Amd.

DR. M. EGAN Greffier of the States

10th December 2020 Note –

In accordance with the meeting dates fixed for 2019 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Tuesday 15th, Wednesday 16th and Thursday 17th December 2020.

Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)

R&O.152/2020.

Covid-19 (Workplace Restrictions) (Amendment No. 4) (Jersey) Order 2020. Minister for Health and Social Services.

This Order inserts new Articles 5, 5A and 5B in the Covid-19 (Workplace Restrictions) (Jersey) Order 2020 to oblige visitors to certain workplaces to wear masks covering the nose and mouth, and to oblige occupiers or operators of certain workplaces to require their workers to wear a mask or visor and their visitors to give relevant personal data for contact tracing. The types of workplace are different in each case, and there are different exemptions in each case, but children aged under 12 are not obliged to wear masks or visors or to give personal data.

The new Article 5 obliges visitors to certain workplaces to wear masks covering the nose and face. A visitor who breaches the obligation would commit an offence under Regulation 5(2), as recently amended, of the Covid-19 (Workplace Restrictions) (Jersey) Regulations 2020 (which carries a fine of up to level 2, which is £1,000). The obligation does not apply to children aged under 12, or to people who work or live at the workplace. The workplaces in which it applies are retail premises, public banks, public transport vehicles, the airport, bus station and port buildings, adult residential care homes and "close contact premises", but not food and drink premises. Close contact premises are buildings (not including schools or children's day care accommodation) in which the visitors receive services that are provided (in the visitor's presence) by doctors, nurses, hairdressers or tattooists, or that otherwise involve (or normally involve) touching the visitor or spending more than 15 minutes closer than 2 metres to the visitor. There are exemptions for people who are unable to put on or take off a mask, people with respiratory or other physical conditions (other than Covid-19 symptoms) or psychological conditions or other fear or distress, that would involve a significant risk of harm from mask wearing. But the person must instead wear a visor (see-through, impervious to air and screening the whole face) unless that too would involve the same risk). There are also exemptions for carers, where the person cared for has a psychological condition that would involve a significant risk of harm if the carer wore a mask (or a visor), or where the person cared for needs to see the carer's mouth or full face while the carer is communicating with them (such as a lipreader). There are further exemptions for services, such as dentistry or diagnosis, that have to be delivered by touching or inspecting the person's mouth or nose, and for occasions on which the service provider briefly needs to see the persons face for identification or similar purposes.

The new Article 5A makes it a condition of opening certain workplaces that the occupier or operator requires workers to wear masks or visors when in the presence of customers (or other visitors who do not work or live there). An occupier or operator who fails to take reasonable steps to comply with the condition would commit an offence under Regulation 5(1)(a)(iv), as recently amended, of the Covid-19 (Workplace Restrictions) (Jersey) Regulations 2020 (which carries a fine with no maximum limit). The workplaces in which it applies are retail premises, food and drink premises, close contact premises and public transport vehicles. Drivers of public service vehicles need not be required to wear masks or visors when doing so would make driving unsafe. Other workers need not be required to wear masks or visors when interacting with visitors with psychological conditions that would otherwise involve a significant risk of harm or when communicating with visitors who need to see the worker's mouth or full face (for lipreading or other reasons).

The new Article 5B makes it a condition of opening certain workplaces that the occupier or operator requires customers (and other visitors who do not work or live there) aged 12 or over to provide relevant personal data for contact tracing. The workplaces to which it applies are food and drink premises (but not for take-away customers) and close contact premises. The customer must be required to provide the data on arrival, or as soon as practicable afterwards, and must be given access to information explaining the reason for the requirement. The data can be provided manually or via an electronic application. The data recorded must be the full name and mobile number (or landline if no mobile) of the customer and the date and time (if data is given manually and there are seating zones, it must also include the zone). The data may only be used for Covid-19 contact tracing and must be stored so that it can be accessed only for that purpose (but data provided through an electronic application can be held by a third party). It must be passed to the Minister on request and must be destroyed after 21 days. The condition does not limit other obligations under the Data Protection (Jersey) Law 2018.

The Order was made on Monday 30th November 2020 and comes into force at 10 a.m. on Tuesday 1st December 2020.

R&O.158/2020.

Covid-19 (Safe Distancing – Exception and Revocation of Suspension) (Jersey) Order 2020.

This Order is made under the Covid-19 (Safe Distancing) (Jersey) Regulations 2020, the effect of which is currently suspended. This Order ends the suspension, bringing Regulations 2(2) and 3(1) of those Regulations back into force, so that it is again an offence to wilfully fail to comply with a direction from a police officer to cease to breach safe distancing (or a direction to take reasonably practicable steps to secure that a child ceases to breach safe distancing).

The Order also adds an exception to the safe distancing rule for one childcare worker gathering with one or more children for whom the worker has responsibility.

The Order comes into force at the start (immediately after midnight) of the day after it is made. The Order was made on 3rd December 2020 and came into force on 4th December 2020.

R&O.161/2020.

Covid-19 (Workplace Restrictions) (Amendment No. 5) (Jersey) Order 2020.

This Order introduces further restrictions in respect of workplaces.

Article 1 provides for the further amendment of the Covid-19 (Workplace Restrictions) (Jersey) Order 2020 in the following terms.

Article 2 provides for the closure of workplaces (other than schools) that permit people to engage in sport or physical exercise indoors.

Article 3 prohibits all licenced premises from being open, except for the selling of take-away food or non- alcoholic drinks, other than –

  1. off-licences;
  2. pubs and other licensed premises entitled to sell alcohol for consumption off the premises limited to doing so;
  3. hotels and other licensed premises offering accommodation providing bed and room service only for the purposes of accommodating people (i) for the remainder of their booking, (ii) if they are directed by the Minister to isolate there or (iii) if they have no other suitable accommodation available to them in Jersey and they are essential workers or it is not practicable for them to leave Jersey.

Article 4 requires retail premises and banks to require customers to maintain, as far as practicable, a distance of at least 2 metres apart, or if not practicable and in the case of staff, to take such alternative steps as are reasonable to assist in controlling the spread of Covid-19.

Article 5 provides for how the Order may be cited and for it to come into force at 10 a.m. on 4th December 2020.

The Order was made on 3rd December 2020 and came into force at 10 a.m. on 4th December 2020.

R&O.162/2020.

Emergency Powers and Planning (Medicines and Vaccines – Covid-19 and Influenza) (Jersey) Order 2020.

This Order relaxes controls on medicines to facilitate a plan for vaccination against Covid-19 (and for influenza vaccination to support control of Covid-19).

If the United Kingdom grants a temporary authorisation for a Covid-19 vaccine (or other medicine in response to the spread of Covid-19), then that temporary authorisation is to be treated as equivalent to a product licence for the purpose of the Medicines (Jersey) Law 1995 (the "Medicines Law"). Any sale or supply must be for the use recommended or required under the United Kingdom authorisation and in compliance with any conditions on that authorisation.

If the Medical Officer for Health draws up (or approves) a plan for vaccination against Covid-19, and the competent authority (currently the Minister for Health and Social Services) publishes the plan, then the vaccines covered by the plan can be sold and distributed without a wholesale dealer's licence under Article 9 of the Medicines Law. Those vaccines can also be sold, supplied or administered without needing to comply with Articles 51, 52 and 57(2) of that Law (which relate to general sale lists and prescription- only medicines). However, the sale, distribution, supply and administering must be in accordance with the relevant conditions stated in the plan for these exemptions to apply. The plan must describe the vaccines to which it applies (which can include influenza vaccines if that would facilitate control of or vaccination against Covid-19), and the vaccines must have a product licence or the equivalent (which can include a temporary authorisation – see above). The plan cannot cover vaccines unless they are imported or owned by the competent authority, or are owned by another person who deals with them in a manner agreed with the competent authority. The plan can, in particular, include people administering the vaccine who are not otherwise authorised to do so under the Medicines (Health Professionals Exemption) (Jersey) Order 2001, and can include conditions equivalent to the restrictions that can be imposed by a direction under that Order. The plan can be amended and re-published.

The Order expires 3 months after it comes into force (under the Emergency Powers and Planning (Jersey) Law 1990 it cannot remain in force for longer unless renewed).

The Order was made on 4th December 2020 and came into force on 5th December 2020.

R&O.163/2020.

Road Traffic (Speed Limits) (Amendment No. 12) (Jersey) Order 2020.

This Order amends the Road Traffic (Speed Limits) (Jersey) Order 2003 by making changes to speed limits in roads in the parish of St. Lawrence and minor changes to speed limits in the parishes of St. Mary , St. Peter and St. Brelade . The main changes made in respect of St. Lawrence are to add further roads to the Schedules limiting the speed limit to 30 or 15 miles per hour.

This Order comes into force on 14th December 2020.

The Order was made on 9th December 2020 and came into force on 14th December 2020

R&O.164/2020.

Covid-19 (Workplace – Fifteenth Extension) (Jersey) Order 2020.

This Order amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020, to extend the restriction period to end at the end of Wednesday 23rd December 2020.

This Order was made on 9th December 2020 and came into force on 11th December 2020.