Regulation of Care (Jersey) Law 2014
Revised Edition
20.820
Showing the law as at 1 January 2015
This is a revised edition of the law
Regulation of Care (Jersey) Law 2014
Arrangement
Article
part 1
preliminary
1 Interpretation
2 Regulated activities
part 2
requirement and procedure for registration
3 Requirement to be registered to carry on, or act as manager in relation to, regulated activity
4 Application for registration as provider or manager
5 Grant or refusal of application
6 Notice of intention to refuse application or impose conditions
7 Notification of grant or refusal of application
8 Keeping of register and issue of certificates
9 Annual fee
part 3
conditions and requirements of registration
10 Provider and manager must be fit persons
11 Mandatory conditions of registration
12 Discretionary conditions of registration
13 Offence of failure to comply with conditions of registration
14 Requirements in respect of regulated activities
15 Standards for compliance with requirements
16 Arrangements during absence of manager
part 4
variation of conditions, suspension and cancellation
17 Variation of conditions
18 Expedited procedure for variation of conditions
19 Suspension of registration of manager
20 Cancellation of registration
21 Immediate cancellation of registration
22 Report on essential services
23 Cancellation of registration upon request
part 5
inspections, investigations and complaints
24 Inspectors
25 Requirements for inspection of premises
26 Powers of inspection
27 Report following inspection
28 Power to require documents and information
29 Offence of obstruction or non-compliance
30 Complaints and further requirements as to inspections
part 6
use of information
31 Offence of disclosing confidential personal information
32 Defence to Article 31
33 Use of information by Commission
34 Permitted disclosure of information by Commission
PART 7
eSTABLISHMENT AND gENERAL FUNCTIONS OF COMMISSION
35 Establishment of Health and Social Care Commission
36 Independence of Commission
37 Functions of Commission
38 Reports, information and advice
39 Minister’s duty to consult Commission
40 Limitations of liability
41 Fees and surcharge chargeable by Commission
42 Exemption from income tax
43 Requirement to prepare annual accounts and reports
part 8
appeals, general offences and closing
44 Rights of appeal
45 Offence of providing false or misleading information, etc.
46 General provisions as to offences
47 Defence – due diligence
48 Service of documents
49 Transitional and transfer Regulations
50 Citation and commencement
SCHEDULE 1
regulated activities
SCHEDULE 2
appointment, resources and funding of commission
1 Interpretation of Schedule 2
2 Appointment of Chairman of Commission
3 Appointment of other Commissioners
4 Disqualification for appointment
5 Term of office of Commissioner
6 Resignation
7 Termination of appointment
8 Remuneration and expenses of Commissioners
9 Employees and agents of Commission
10 Other expenses of Commission
11 Financial resources of Commission
12 Accounts and audits
13 Conduct of business by committee or delegate
14 Procedures
Supporting Documents
Endnotes
Table of Legislation History
Table of Renumbered Provisions
Table of Endnote References
Regulation of Care (Jersey) Law 2014
A LAW to establish a Health and Social Care Commission; to provide for the regulation of activities involving or connected with the provision of health or social care; and for connected purposes
Commencement [see endnotes]
part 1
preliminary
1 Interpretation
(1) In this Law, unless the context otherwise requires –
“certificate” shall be construed in accordance with Article 8;
“Chairman” means the Chairman of the Commission;
“Commission” means the Health and Social Care Commission established by Article 35;
“discretionary condition” means a condition imposed under Article 12;
“fit person”, in relation to a provider or manager, shall be construed in accordance with Article 10;
“health care” includes all forms of health care (including nursing care) provided for individuals, whether relating to physical or mental health, and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition;
“health or social care” means health care or social care;
“health care associated infection” means any infection to which an individual may be exposed or made susceptible (or more susceptible) in circumstances where –
(a) health or social care is being, or has been, provided to that or any other individual; and
(b) the risk of exposure to the infection, or of susceptibility (or increased susceptibility) to it, is directly or in-directly attributable to the provision of that care,
but does not include an infection to which the individual is deliberately exposed as part of any health care;
“inspection” means an inspection under Part 5;
“inspector” means a person appointed as such under Article 24;
“mandatory condition” means the condition in Article 11(1) or any condition imposed in accordance with Regulations made under Article 11(3);
“medical practitioner” means a person registered as a medical practitioner under the Medical Practitioners (Registration) (Jersey) Law 1960[1];
“nurse” means a person registered as a nurse under the Health Care (Registration) (Jersey) Law 1995[2];
“nursing care” means services that, by reason of their nature and circumstances, including the need for clinical judgement, should be provided by a nurse, including –
(a) providing care;
(b) assessing, planning and evaluating care needs or the provision of care; and
(c) supervising or delegating the provision of care;
“personal care” means assistance in daily living that does not need to be provided by a nurse, being –
(a) practical assistance with daily tasks, such as eating, washing and dressing; or
(b) prompting a person to perform daily tasks;
“personal support” includes supervision, guidance, counselling (other than counselling that is health care) and other support in daily living that is provided to an individual as part of a programme of such support;
“premises” includes any vehicle or vessel;
“registered” means registered under this Law in relation to a regulated activity;
“registered person” means a registered provider or registered manager;
“regulated activity” has the meaning given in Article 2;
“social care” includes all forms of personal care and other practical assistance, and all forms of personal support, provided for individuals who, by reason of their age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or by any other reason, are in need of such care, assistance or support;
“States’ employee” has the same meaning as in the Employment of States of Jersey Employees (Jersey) Law 2005[3];
“worker” means –
(a) an employee;
(b) a person working under a contract for services (whether entered into with that person or another person);
(c) a person working on a work experience placement; or
(d) a volunteer.
(2) The States may, by Regulations, amend, in paragraph (1), the definitions “health care”, “nursing care”, “personal care”, “personal support” and “social care”.
2 Regulated activities
(1) Schedule 1 has effect to describe activities that are regulated activities and circumstances in which any activity is excepted from being a regulated activity.
(2) The States may by Regulations amend Schedule 1.
(3) Regulations under paragraph (2) may add or amend activities only if the activity involves or is connected with the provision of health or social care.
(4) For the purposes of paragraph (3), the following activities are examples of activities connected with the provision of health or social care –
(a) the supply of workers who are to provide such care;
(b) the provision of transport or accommodation for those who require such care; and
(c) the provision of advice in respect of such care.
(5) Regulations under paragraph (2) may repeal or amend any other enactment consequentially upon the addition of an activity to, or variation of an activity in, Schedule 1.
part 2
requirement and procedure for registration
3 Requirement to be registered to carry on, or act as manager in relation to, regulated activity
(1) not in force on the revision date
(2) not in force on the revision date
(3) not in force on the revision date
(4) not in force on the revision date
(5) not in force on the revision date
(6) The States may by Regulations make provision for the purposes of this Law for determining, in relation to a regulated activity carried on by 2 or more persons acting in different capacities, which of them is to be regarded as the person who carries on the regulated activity.
(7) not in force on the revision date
4 Application for registration as provider or manager
not in force on the revision date
5 Grant or refusal of application
not in force on the revision date
6 Notice of intention to refuse application or impose conditions
not in force on the revision date
7 Notification of grant or refusal of application
not in force on the revision date
8 Keeping of register and issue of certificates
not in force on the revision date
9 Annual fee
not in force on the revision date
part 3
conditions and requirements of registration
10 Provider and manager must be fit persons
The States may, by Regulations, specify criteria to be applied and requirements to be complied with by the Commission in determining, for the purposes of this Law –
(a) whether a person is a fit person to be registered as the provider of a regulated activity;
(b) whether a person is a fit person to be registered as a manager in relation to a regulated activity.
11 Mandatory conditions of registration
(1) It shall be a condition of registration of a provider in relation to a regulated activity that there is –
(a) an individual who is registered as the manager in relation to the carrying on of that activity by the provider; or
(b) in a case where Regulations under paragraph (2)(b) require more than one manager to be registered, such numbers of individuals registered as managers in relation to the carrying on of that activity by the provider as the Regulations require.
(2) The States may by Regulations specify, for the purposes of paragraph (1), circumstances –
(a) in which an individual who is a registered provider in relation to a regulated activity may also be the registered manager in relation to the carrying on of that activity;
(b) in which a registered provider must have more than one registered manager in relation to a regulated activity.
(3) The States may by Regulations specify, in relation to any regulated activity, further conditions that the Commission must impose upon the registration of a provider or manager in relation to the activity.
(4) The conditions that may be specified by Regulations made under paragraph (3) include but are not limited to –
(a) a restriction on the numbers and descriptions of individuals for whom a regulated activity may be provided at any place or premises or otherwise, whether individuals are described by age, physical or mental health or otherwise; and
(b) the premises at which any regulated activity may be provided.
12 Discretionary conditions of registration
not in force on the revision date
13 Offence of failure to comply with conditions of registration
not in force on the revision date
14 Requirements in respect of regulated activities
(1) The States may by Regulations specify requirements that must be complied with by either or both of the registered provider and registered manager in relation to all regulated activities or specified regulated activities.
(2) Regulations under this Article may in particular make provision with a view to –
(a) securing that any service provided in the carrying on of a regulated activity is of appropriate quality;
(b) securing the health, safety and welfare of persons for whom any such service is provided;
(c) securing –
(i) that the particular needs (whether educational, treatment, supervisory or otherwise) of each person for whom any such service is provided are identified, and
(ii) that the service provided meets each person’s particular needs; and
(d) securing that workers and premises used to provide such service and that any care and treatment (including assessment of a person’s care and treatment needs) administered as part of such service are of an appropriate quality, fit for purpose and safe.
(3) Regulations under this Article may in particular –
(a) make provision as to the manner in which a regulated activity is carried on;
(b) make provision as to who is a fit person to be a worker in any service provided in the carrying on of a regulated activity;
(c) make provision as to the recruitment, management and training of workers who work in any service provided in the carrying on of a regulated activity;
(d) make provision as to the fitness of premises;
(e) impose requirements as to the financial position of a registered provider;
(f) impose requirements as to the keeping of records and accounts;
(g) impose requirements for the display or making available of a certificate issued to a registered provider;
(h) impose requirements as to the provision of information –
(i) whether periodically or upon the occurrence of any specified event, and
(ii) whether to the Commission, to persons to whom any service is provided or to any other persons;
(i) impose requirements as to the publication of information as to any charges made for the provision of any service provided in the carrying on of a regulated activity;
(j) impose requirements as to the review of the quality of any service provided in the carrying on of a regulated activity, as to the preparation of reports of such reviews, and as to the publication of such reports; and
(k) impose requirements as to the handling of complaints and disputes and the application of lessons learnt from them.
(4) Regulations made under this Article by virtue of paragraph (3)(a) may in particular include provision as to the control and restraint, in appropriate cases, of persons receiving health or social care or other services in connection with the carrying on of a regulated activity.
(5) Regulations made under this Article may make provision for the prevention and control of health care associated infections and may include such provision as the States consider appropriate for the purpose of safeguarding individuals (whether receiving health or social care or otherwise) from the risk, or any increased risk, of being exposed to health care associated infections or of being made susceptible, or more susceptible, to them.
(6) Regulations under this Article may provide for a failure to comply with any requirement in the Regulations to be an offence liable to a fine up to £50,000.
(7) Regulations under this Article may –
(a) empower the Commission to serve a notice (an “improvement notice”) on either or both of a registered provider and registered manager in relation to a regulated activity;
(b) specify the circumstances in which an improvement notice may be served;
(c) specify the requirements that may be imposed on either or both of a registered provider and registered manager by an improvement notice;
(d) specify a procedure for the preparation, completion and service of an improvement notice;
(e) confer a right of appeal against an improvement notice on a person on whom a notice is served; and
(f) specify the consequences of a failure to comply with an improvement notice.
(8) Regulations under this Article may provide that a person cannot be prosecuted for a failure to comply with any requirement in the Regulations unless –
(a) an improvement notice has been served in respect of the failure;
(b) the time by which that notice must be complied with has passed; and
(c) the improvements required by that notice have not been effected.
(9) Before lodging Regulations under this Article, a Minister, in addition to consulting in accordance with Article 39, must consult with such persons or bodies as appear to the Minister to be representative of persons who would be affected by the proposed Regulations.
15 Standards for compliance with requirements
(1) The Commission may –
(a) prepare and publish standards for compliance with requirements imposed by Regulations made under Article 14; and
(b) keep standards for such compliance under review and, as necessary, replace, revoke or amend them.
(2) The Commission must, before publishing a standard for compliance or an amendment of a standard for compliance, or before revoking a standard for compliance, consult with such persons or bodies as appear to the Commission to be representative of persons who would be affected by the proposal.
(3) Standards for compliance published under paragraph (1) shall be taken into account –
(a) by the Commission, when making any decision under this Law;
(b) by the Bailiff and the Royal Court, when making a decision under Article 21;
(c) by a court, when hearing any appeal against such a decision; and
(d) in any proceedings for an offence under this Law.
(4) A standard for compliance is admissible in evidence in any criminal or civil proceedings that do not arise under this Law.
(5) A failure to observe a standard for compliance does not, of itself, make a person liable to any criminal or civil proceedings.
16 Arrangements during absence of manager
(1) The States may by Regulations make provision as to the carrying on of a regulated activity by a registered provider –
(a) when the registered manager is absent or incapacitated or has died;
(b) when the registration of the manager in relation to the activity is suspended or has been cancelled;
(c) when the registered manager has been dismissed by the registered provider; or
(d) in any other circumstance when the individual who is or was the registered manager is no longer discharging the duties of that role.
(2) The Regulations may further make provision as to circumstances in which another person may discharge the duties of the registered manager –
(a) without that person committing an offence under Article 3(2); and
(b) without the registered provider being in breach of Article 11(1).
(3) The Regulations may further provide that this Law and Regulations made under it shall apply to a person discharging the duties of a registered manager in accordance with provision made under paragraph (2) as if the person was registered.
part 4
variation of conditions, suspension and cancellation
17 Variation of conditions
not in force on the revision date
18 Expedited procedure for variation of conditions
not in force on the revision date
19 Suspension of registration of manager
not in force on the revision date
20 Cancellation of registration
not in force on the revision date
21 Immediate cancellation of registration
not in force on the revision date
22 Report on essential services
not in force on the revision date
23 Cancellation of registration upon request
not in force on the revision date
part 5
inspections, investigations and complaints
24 Inspectors
not in force on the revision date
25 Requirements for inspection of premises
not in force on the revision date
26 Powers of inspection
not in force on the revision date
27 Report following inspection
not in force on the revision date
28 Power to require documents and information
not in force on the revision date
29 Offence of obstruction or non-compliance
not in force on the revision date
30 Complaints and further requirements as to inspections
(1) not in force on the revision date
(2) not in force on the revision date
(3) The States may by Regulations require that the Commission carries out inspections of any regulated activity at such intervals, for such purposes, or upon the occurrence of such events, as are specified in the Regulations.
part 6
use of information
31 Offence of disclosing confidential personal information
not in force on the revision date
32 Defence to Article 31
not in force on the revision date
33 Use of information by Commission
not in force on the revision date
34 Permitted disclosure of information by Commission
not in force on the revision date
PART 7
eSTABLISHMENT AND gENERAL FUNCTIONS OF COMMISSION
35 Establishment of Health and Social Care Commission
(1) There shall be a Health and Social Care Commission.
(2) The Commission shall be a body corporate with perpetual succession.
(3) The Commission shall consist of not less than 4 and not more than 8 Commissioners.
(4) The States may by Regulations amend, in paragraph (3), the minimum and maximum number of Commissioners.
(5) Schedule 2 has effect regarding the appointment of the Commissioners, the discharge of the functions of the Commission, and the resources and funding of the Commission.
36 Independence of Commission
The Commission is independent of the Minister for Health and Social Services, the Chief Minister and the States.
37 Functions of Commission
(1) The Commission shall discharge the functions conferred on it by or under this Law and any other enactment.
(2) The States may by Regulations transfer, from a Minister to the Commission, any function of regulating the provision of any description of health or social care.
(3) Regulations under paragraph (2) may contain such incidental, consequential, supplemental and transitional provisions as may be necessary or expedient for the purpose of giving full effect to the Regulations, including provisions –
(a) for the transfer of any movable property held, any rights enjoyed and any liabilities (whether civil or criminal) incurred by the Minister in connection with any function transferred, including any such rights and liabilities in respect of which, at the time of transfer, no claim has been made or no proceedings have been commenced;
(b) for the carrying on and completion by or under the authority of the Commission of anything commenced, before the Regulations have effect, by or under authority of the Minister;
(c) for the amendment of enactments relating to any functions transferred;
(d) for the construction of enactments of the United Kingdom having effect in Jersey relating to any functions transferred;
(e) for the construction and adaptation of any instrument, contract or legal proceedings made or commenced before the Regulations have effect.
(4) Only the Chief Minister may lodge Regulations under this Article.
38 Reports, information and advice
(1) The Commission shall, when requested by the Chief Minister or the Minister for Health and Social Services –
(a) prepare a report upon an aspect of health and social care, as requested by that Minister; and
(b) submit the report to that Minister.
(2) The Commission may prepare and publish report on aspects of health and social care, as it thinks fit.
(3) The Commission shall publish information and give such advice to the public as the Commission considers appropriate regarding –
(a) the operation of this Law;
(b) any matters relating to the functions of the Commission under this Law or any other enactment.
(4) The Commission may offer for sale information published under paragraph (3).
(5) The Commission may, if it thinks fit, make a reasonable charge for advice given under paragraph (3) at the request of a member of the public.
(6) The Commission may charge a member of the public a fee for the provision of a paper copy of a report published by it under this Law or any other enactment.
39 Minister’s duty to consult Commission
(1) A Minister –
(a) shall consult the Commission upon any proposals for the preparation of Regulations under this Law or any other enactment concerning health or social care;
(b) may consult the Commission upon any other matter relating to the provision of health or social care.
(2) The Commission shall advise a Minister when so consulted.
40 Limitations of liability
(1) The Commission, the Commissioners, its employees and other appointees are not liable in damages for any act done in the discharge, or purported discharge, of any function of the Commission.
(2) Paragraph (1) does not apply –
(a) if it was shown that the act was done in bad faith; or
(b) so as to prevent an award of damages made in respect of an act on the ground that the act was unlawful as a result of Article 7(1) of the Human Rights (Jersey) Law 2000[4].
(3) Except as any enactment or contract provides to the contrary, the Chief Minister, the Minister for Health and Social Services and the States are not liable for any act or omission, or debt or other obligation, of the Commission.
41 Fees and surcharge chargeable by Commission
(1) Where a provision of this Law or any enactment made under it provides for the payment to the Commission of a fee, the fee that may be charged shall be the fee related to the provision that is for the time being –
(a) prescribed by Order made by the Chief Minister; or
(b) if a fee is not prescribed under sub-paragraph (a), published by the Commission in accordance with this Article.
(2) The Chief Minister may prescribe fees, or the Commission may set fees, that are calculated by reference to any factor that is relevant to the carrying on of a regulated activity, including, but not limited to –
(a) the number and classes of persons for whom a service is provided; and
(b) the number and size of premises on which a service is provided.
(3) The amount of the surcharge due under Article 9(2) shall be the amount for the time being –
(a) prescribed by Order made by the Chief Minister; or
(b) if the amount is not prescribed under sub-paragraph (a), published by the Commission in accordance with this Article.
(4) The Commission must, at least 28 days before publishing a fee under paragraph (1)(b) or surcharge under paragraph (3)(b), publish a report that must include –
(a) details of the duty or power for or in respect of which any fee is to be determined;
(b) details of the proposed fee or surcharge.
(5) The Commission must, before publishing a fee under paragraph (1)(b) or a surcharge under paragraph (3)(b), consult the Chief Minister on the proposed fee or surcharge.
(6) A fee or surcharge determined by the Commission cannot take effect before it is published in accordance with this Article.
(7) In this Article “publish” means publish in a manner that is likely to bring it to the attention of those affected.
(8) Except as provided by this Article, nothing in this Article otherwise limits any right or power the Commission has to charge, recover and receive any fees, charges, costs, proceeds and other amounts.
42 Exemption from income tax
The income of the Commission is not liable to income tax under the Income Tax (Jersey) Law 1961[5].
43 Requirement to prepare annual accounts and reports
(1) The Commission shall, as soon as possible after the end of a year, prepare a report –
(a) providing information regarding the discharge of the Commission’s functions during the year; and
(b) containing a copy of the Commission’s accounts for the year.
(2) The Commission shall –
(a) publish the report; and
(b) submit a copy of the report to the Chief Minister.
(3) The Chief Minister shall present to the States a report submitted under paragraph (2)(b).
part 8
appeals, general offences and closing
44 Rights of appeal
not in force on the revision date
45 Offence of providing false or misleading information, etc.
not in force on the revision date
46 General provisions as to offences
not in force on the revision date
47 Defence – due diligence
not in force on the revision date
48 Service of documents
not in force on the revision date
49 Transitional and transfer Regulations
(1) The States may by Regulations make such transitional and supplementary provisions as may be expedient for the purposes of the commencement of any provision of this Law or of any amendment to this Law.
(2) The States may by Regulations provide for the employment of specified States’ employees to be transferred to the Commission, on such terms and subject to such conditions as are imposed (which may include conditions imposed on the Commission) as ensure continuity of the employees’ conditions of employment and rights, including membership of any pension scheme.
(3) The States may by Regulations provide for any description of information held by a Minister in connection with any function discharged by the Minister under an enactment amended or repealed by Regulations under Article 2, or amended by Regulations under Article 37, to be transferred to the Commission.
50 Citation and commencement
(1) This Law may be cited as the Regulation of Care (Jersey) Law 2014.
(2) The following provisions of this Law shall come into force on the day after this Law is registered –
(a) Article 1;
(b) Article 2 and Schedule 1;
(c) Article 3(6);
(d) Articles 10 and 11;
(e) Articles 14 to 16;
(f) Article 30(3);
(g) Part 7 and Schedule 2;
(h) Article 49; and
(i) this Article.
(3) The remaining provisions of this Law shall come into force on such day or days as the States appoint by Act.
SCHEDULE 1
(Article 2(1))
regulated activities
SCHEDULE 2
(Article 35(5))
appointment, resources and funding of commission
1 Interpretation of Schedule 2
In this Schedule, “JAC” means the Jersey Appointments Commission established by Article 17 of the Employment of States of Jersey Employees (Jersey) Law 2005[6].
2 Appointment of Chairman of Commission
(1) One of the Commissioners shall be the Chairman of the Commission.
(2) The Chief Minister shall, after consulting with the Council of Ministers –
(a) select and appoint, by instrument in writing, a person to be a Commissioner and the Chairman of the Commission; and
(b) decide the duration of that person’s appointment as a Commissioner and Chairman.
(3) The JAC shall oversee the selection.
(4) The Chief Minister shall, at least 2 weeks before making the appointment under sub-paragraph (2), present to the States a notice of his or her selection and the intention to make the appointment.
(5) A person may be appointed under this paragraph more than once.
3 Appointment of other Commissioners
(1) The Chairman shall –
(a) subject to Article 35(3), decide the number of other Commissioners; and
(b) select and nominate persons to be the other Commissioners.
(2) The Chairman must select and nominate persons who have such skills, knowledge or experience as he or she considers to be relevant to the Commission’s functions and, in particular, must select and nominate –
(a) at least one person who has proven capability in the delivery of health care;
(b) at least one person who has proven capability in the delivery of social care; and
(c) at least one person who has experience as a recipient of health or social care, whether personally or as a person who is connected with or responsible for, another person who receives such care or as a person who has been connected with or responsible for another person whilst that other person was receiving such care.
(3) The JAC shall oversee the selections.
(4) The Chief Minister shall, by instruments in writing –
(a) appoint the persons so nominated as Commissioners; and
(b) specify the term of appointment of each Commissioner, which shall be not less than 3 and not more than 5 years.
(5) A person may be appointed under this paragraph more than once.
4 Disqualification for appointment
(1) A person cannot be a Commissioner if he or she is a member of the States of Jersey or of the States of Guernsey or Tynwald.
(2) A person cannot be a Commissioner if the person –
(a) is working or has worked, whether as a States’ employee or pursuant to a contract for services, in any administration of the States for which the Minister for Health and Social Services is responsible;
(b) is working or has worked, whether as an employee or pursuant to a contract for services, for any public authority in Guernsey or the Isle of Man that provides substantially the same services as any administration described in clause (a);
(c) has, or has had, any other interest in the provision of health or social care in Jersey, Guernsey or the Isle of Man, whether that interest is or was financial, or as an officer, member, trustee, employee or associate or otherwise.
(3) A person is not precluded from being a Commissioner by reason only that he or she is or has been a user of any service provided by an administration or public authority described in sub-paragraph (2)(a) or (b) or any regulated activity.
5 Term of office of Commissioner
A Commissioner’s appointment shall end upon whichever is the earlier of –
(a) the expiry of the period for which he or she was appointed (unless his or her appointment is renewed);
(b) the expiry of the period of notice following his or her resignation, in accordance with paragraph 6;
(c) the termination of his or her appointment under paragraph 7.
6 Resignation
(1) A Commissioner may resign by giving between one and 3 months’ notice in writing to the Chief Minister.
(2) The Chief Minister, on receiving the Chairman’s resignation, may, with that person’s agreement reduce or waive the period of notice.
(3) The Chief Minister, on receiving any other Commissioner’s resignation, may, with the agreement of that Commissioner and the Chairman, reduce or waive the period of notice.
7 Termination of appointment
(1) The Chief Minister may terminate the appointment of a Commissioner if the Commissioner –
(a) becomes, by virtue of paragraph 4, disqualified for appointment;
(b) has been absent from 3 consecutive meetings of the Commission, without the permission of the Commission;
(c) becomes bankrupt;
(d) is unfit to discharge his or her functions as the Chairman or other Commissioner;
(e) is incapacitated by physical or mental illness or otherwise unable to discharge his or her functions as the Chairman or other Commissioner; or
(f) for any other reason, does not discharge his or her functions as the Chairman or other Commissioner.
(2) The Chief Minister shall consult the Chairman before terminating the appointment of a Commissioner other than the Chairman,
(3) The Chief Minister shall report to the States following the termination of a Commissioner’s appointment.
8 Remuneration and expenses of Commissioners
(1) The Commission shall pay to the Commissioners –
(a) such remuneration as the Commission may determine, subject to any maximum directed by the Chief Minister;
(b) reasonable out of pocket expenses incurred in the course of carrying out their duties.
(2) Any maximum remuneration directed under sub-paragraph (1)(a) after the appointment of a Commissioner does not operate to reduce the remuneration determined by the Commission on the appointment of that Commissioner, but does limit any subsequent increase.
9 Employees and agents of Commission
(1) Without prejudice to the generality of the Commission’s powers as a body corporate, the Commission may employ or appoint such officers servants and agents as it considers necessary for the discharge of its functions.
(2) The Commission may not enter into, or offer to enter into, a contract of employment or for services with a person who was a Commissioner immediately before the contract is entered into or offered.
(3) A person cannot be, at the same time, a Commissioner and an employee or other appointee of the Commission.
10 Other expenses of Commission
(1) The Chief Minister may, by Order, permit or require the JAC to charge the Commission a fee for the provision of all or any of the services it is required to provide under this Schedule.
(2) An Order under sub-paragraph (1) may specify how any fee is to be calculated and specify a maximum fee that may be charged.
11 Financial resources of Commission
The financial resources of the Commission are –
(a) the fees charged by and paid to the Commission under this Law and any other enactment; and
(b) any grant paid to the Commission by the States.
12 Accounts and audits
(1) The Commission must –
(a) keep proper accounts and proper records in relation to the accounts; and
(b) prepare accounts in respect of each financial year and a report on its operations during the year.
(2) The Commission must submit a copy of its accounts and report to Chief Minister no later than 6 months after the end of the financial year.
(3) The Chief Minister must lay a copy of the accounts and report before the States.
(4) The accounts of the Commission must –
(a) be audited by auditors appointed in respect of each financial year by the Minister for Treasury and Resources and qualified for appointment as auditors of a company by virtue of Article 113 of the Companies (Jersey) Law 1991[7]; and
(b) be prepared in accordance with generally accepted accounting principles and show a true and fair view of the profit or loss of the Commission for the period and of the state of the Commission’s affairs at the end of the period.
(5) The Minister for Treasury and Resources may, by Order, make additional provision as to the Commission’s accounts.
(6) This Article is without prejudice to any additional accounting requirements –
(a) imposed by any enactment; or
(b) agreed as a condition lawfully attached to any funding accepted by the Commission from the States.
13 Conduct of business by committee or delegate
(1) The Commission may delegate any of its functions under this Law or any other enactment to –
(a) the Chairman;
(b) one or more Commissioners;
(c) a committee comprised of at least one Commissioner and one or more employees or other persons appointed by the Commission; or
(d) an employee or other person appointed by the Commission.
(2) The Commission cannot delegate the power of delegation in paragraph (1).
(3) The delegation of a function does not prevent the exercise of the function by the Commission itself.
14 Procedures
The Commission shall, subject to this Law and any other enactment, determine its own procedures.
Endnotes
Table of Legislation History
Legislation
Year and No
Commencement
Regulation of Care (Jersey) Law 2014
L.42/2014
15 November 2014 as to Articles 1, 2, 3(6), 10, 11, 14 to 16, 30(3), 35 to 43, 49 and 50 and Schedules 1 and 2; remainder not in force on the revision date.
Table of Renumbered Provisions
Original
Current
None
Table of Endnote References
[1]
chapter 20.600
[2]
chapter 20.300
[3]
chapter 16.325
[4]
chapter 15.350
[5]
chapter 24.750
[6]
chapter 16.325
[7]
chapter 13.125
