Regulations and Notice

Legal Notice 110 of 2020

TURKS AND CAICOS ISLANDS
PUBLIC AND ENVIRONMENTAL HEALTH
(COVID-19)(CONTROL MEASURES)(NO. 6)
REGULATIONS 2020

(Legal Notice 110 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

  1. Citation, commencement and expiry
  2. Interpretation
  3. Purpose and application
  4. Curfew
  5. Restriction on businesses
  6. Religious places of worship
  7. Funeral services and burial grounds
  8. Restrictions on public gathering and social activities
  9. Gathering at shelters
  10. Logbook
  11. Aircrafts and vessels
  12. Restrictions on domestic travel
  13. Screening for essential domestic travel
  14. Public beaches
  15. Schools
  16. Power to stop, detain and arrest
  17. Obstruction
  18. Forfeiture upon conviction
  19. Offence
  20. Guidelines
  21. Enforcement
  22. Fixed penalty
  23. Revocation

MADE by the Governor under section 62(1) of the Public and Environmental Health Ordinance for giving effect to any recommendations made by the of Public and Environmental Health Board.

Citation, commencement and expiry

  1. These Regulations may be cited as the Public and Environmental Health (COVID-19)(Control Measures)(No. 6) Regulations 2020 and shall come into operation on 16 November 2020 and shall, unless provided otherwise in any particular regulation, expire 31 December 2020.

Interpretation

  1. In these Regulations—

“business” includes an establishment, institution, an office, store or organisation;

“COVID-19” means the disease known as the novel Coronavirus; “health officer” has the meaning given in section 2(1) of the Public and Environmental Health Ordinance;

“public health officer” means a health officer under the Public

and Environmental Health Ordinance.

Purpose and application

  1. (1) These Regulations are made for the purpose of preventing, controlling and suppressing the spread of COVID-19.
  • Except where specifically specified, these Regulations apply to all the Islands.
  • The measures under these Regulations are subject to review and may be varied.

Curfew

  1. (1) A curfew is imposed on all Islands for 12:00 a.m. to 5:00 am. every night starting from 16 November 2020 until 5:00 a.m. on 30 November 2020.
  • Every person shall, during the curfew period under subregulation (1), remain confined to his place of residence (inclusive of the yard space) to avoid contact outside of their family, except—
    • for essential travel to and from the doctor or hospital;
    • an attorney, for travel to and from a police station;
    • essential workers, who are directed to report to work by the person in charge of the service.
  • For the purposes of this regulation, an “essential worker” includes essential officers of—
    • the Royal Turks and Caicos Islands Police Force and 911 Centre;
    • the Fire Services;
    • Her Majesty’s Prisons;
    • the Environmental Health Department;
    • the Department of Immigration;
    • the Customs Department;
    • the Airports Authority;
    • the Civil Aviation Authority;
    • the Ports Authority;
    • waste disposal and sanitation companies;
    • the Emergency Medical Services Department;
    • the Department of Public Health;
    • the Department of Social Development;
    • the Department of Gender Affairs;
    • the Department of Disaster Management and Emergencies in preparation for and in response to a disaster;
    • any hospital, health care or medical facility;
    • any water, electricity, telecommunications (including internet services) or other sector encompassing the provision of electronic communications including print and electronic media;
    • security guards;
    • road construction workers;
    • the Turk and Caicos Islands Regiment and Armed Forces;
    • persons working at a Fixed Base Operator (FBO) or an airport, with approval from the relevant authorities (Turks and Caicos Islands Airports Authority or Civil Aviation Authority);
    • prearranged taxi drivers picking up persons arriving on international flights, with the written approval of the Fixed Base Operator (FBO);
    • night auditors; and
    • workers at large supermarkets with an established pattern of overnight shift work to facilitate restocking and sanitising.
  • All essential workers shall at all times carry personal identification.
  • A person who is exempted under subregulation (2) shall use the most direct routes of travel from his home to his place of work, or such other places mentioned in paragraph (a) of that subregulation, and back to his home directly without making detours.

Restrictions on businesses

  1. (1) From 16 November 2020 to 5:00 a.m. on 30 November 2020—
    • all businesses shall suspend operations to the general public at 11:00 p.m.; and
    • the number of customers that may be permitted in a restaurant or bar at any one time shall not exceed 30 percent of occupancy based on square footage as verified by the Public and Environmental Health Department.
  • A business establishment shall indicate its capacity by a sign posted outside the entrance to the building, having regard to social distancing requirements.
  • Capacity shall be calculated in order to comply with physical distancing requirements and other applicable regulations.

Religious places of worship

  1. (1) From 16 November 2020 to 5:00 a.m. on 30 November 2020, the number of persons that may be permitted inside a religious place of worship at any given time shall not exceed 30 percent of occupancy based on square footage as verified by the Public and Environmental Health Department.
  • A religious place of worship may have more than one service per day, if necessary, in order to facilitate physical distancing.
  • A religious place of worship may provide for a service outdoors or through drive-in-option within its premises, but persons shall remain in their vehicles during the conduct of the service.
  • A religious place of worship shall indicate its capacity by a sign posted outside the entrance to the building, having regard to physical distancing requirements.

Funeral services and burial grounds

  1. From 16 November 2020 to 5:00 a.m. on 30 November 2020, a maximum number of forty persons may be permitted to attend a funeral service and at least one officiant and essential mortuary staff, which shall be approved by the Chief Medical Officer:

Provided that such funeral services shall be held outdoors. 

Restrictions on public gathering and social activities

  1. From the 16 November 2020 to 5:00 a.m. on 30 November 2020, no person shall host or attend any public gathering or social activity, of any description, of a gathering of more than twentyfive persons and any such activity shall be held outdoors.

Weddings

  1. (1) From 16 November 2020 to 5:00 a.m. on 30 November 2020, a maximum of forty persons may be permitted at a wedding.

 (2) Weddings may be held indoors or outdoors.

Gathering at shelters

  1. (1) A shelter manager may permit a maximum number of persons to be accommodated at a shelter as allowable under COVID-19 protocols in the event that a disaster has happened, is happening or is likely to happen in the Islands.
  • COVID-19 protocols shall be observed at all shelters.
  • In subregulations (1) and (2) “COVID-19 protocols” means protocols issued by the Ministry of Health for a particular shelter or shelters generally and include temperature screening, wearing of face mask, hand sanitising, washing of hands, physical distancing, etc.
  • In determining the maximum number of persons to be accommodated at a shelter under subregulation (1), a principle objective of the shelter manager shall be to preserve life.

Logbook

  1. A log book of attendees shall be kept and maintained for any gathering of a church, funeral, wedding or social activity, as the case may be, permitted under regulations 6, 7, 8 and 9 to facilitate contact tracing.

Aircrafts and vessels

  1. Visiting military aircraft and vessels and flights providing humanitarian efforts and special aid in the event of a disaster shall obtain approval from the Chief Medical Officer prior to arrival in the Islands.

Screening for domestic travel

  1. (1) From 16 November 2020 to 5:00 a.m. on 31 December 2020, the Airports Authority and the Ports Authority shall, in accordance with protocols issued by the Ministry of Health, implement and conduct temperature checks on every person before the person boards an aircraft or boat for interisland travel.
  • Every person travelling interisland shall be subjected to a temperature check—
    • at the airport, if the person is travelling by aircraft; or
    • at the sea port, if the person is travelling by boat.
  • Every person travelling interisland shall adhere to all health protocols relevant for domestic travel.

Public beaches 

  1. For the purpose of preventing the spread of the virus through social gatherings, all public beaches shall continue to be opened subject to the following conditions for 16 November 2020 to 5:00 a.m. on 30 November 2020—
  • physical distancing        requirements    shall     be observed;
  • no gathering of more than ten adult persons outside the same household;
  • other than commercial vendors who comply with the Ministry of Health protocols, no alcohol should be taken onto or consumed on the beach;
  • no sports shall be allowed on the beach, except individual fitness activities.

Schools

  1. The reopening of schools shall continue to be in accordance the policy issued by the Ministry of Education.

Power to stop, detain and arrest

  1. (1) Where an authorised person has reasonable cause to believe that a person is in violation of these Regulations, he may stop, detain, question and arrest such person and confiscate any vehicle being used by that person, if he considers it necessary to do so.
  • Any person who assaults, obstructs, hinders or resists or uses any threatening or abusive language or aids or incites any other person to assault, obstruct, hinder or resist any authorised person in the execution of his duty under this regulation, commits an offence.
  • The owner or person last having control of a vehicle confiscated under subregulation (1) shall pay the cost in respect of towing away of the vehicle or storage of the vehicle. (4) For the purposes of this regulation, an “authorised person” means—
    • any health officer, public officer, member of the Royal Turks and Caicos Islands Police Force, any other law enforcement officer, or a prison officer; or
    • any person authorised by the Governor to do the act in relation to which the expression is used.

Obstruction

  1. No person shall obstruct the Chief Medical Officer, any public health officer, public officer, police officer, any other law enforcement officer, or any prison officer, acting in the course of his duty as such, or any person exercising any powers or performing any duties conferred or imposed on him by or under any of these Regulations, or otherwise discharging any lawful functions in connection with the performance of any statutory purpose.

Forfeiture upon conviction

  1. Upon the conviction of any person for an offence against regulation 4(1), the Court, in addition to any other penalty it may impose may order that any property including any vehicle used in the commission of the offence, be forfeited to the Government.

Offence

  1. Any person who contravenes these Regulations commits an offence and is liable on summary conviction to a fine of one thousand dollars or to a term of imprisonment for three months, or to both.

Guidelines

  1. (1) A relevant public authority may issue guidelines to supplement or provide for further clarification of these Regulations.

 (2) A person, business or enterprise shall comply with any applicable guidelines issued pursuant to subregulation (1).

Enforcement

  1. (1) A public health officer, a police officer or an officer of the relevant government department may visit any business, premises or public place to ensure compliance with the provisions of these Regulations and any guidelines issued under regulation 20(1).

 (2) A public health officer, police officer or an officer of the relevant government department may, for failure to comply with the provisions of these Regulations or any guidelines issued pursuant to regulation 20(1)—

  • order the immediate closure of a business or premises or part of the business or premises; or
  • order the dispersal of persons at that business or premises or at any public place.

Fixed penalty

  1. (1) Where an offence appears to have been committed contrary to—
    • regulation 4(1) and (2);
    • regulation 5;
    • regulation 6(1);
    • regulation 7;
    • regulation 8;
    • regulation 9; or
    • regulation 14, a police officer may issue to the person a ticket, in the form set out in the Schedule 1 and, if the person desires to plead guilty to the offence alleged, he may produce such ticket to the Clerk to the Magistrate’s Court at the place, and on or before the date and time therein specified, not being more than twenty-eight days from the date or receipt of the said ticket, and may pay the fine prescribed in Schedule 2 into court.
  • If the person desires to plead not guilty to the offence alleged or to request the court to mitigate the fine, the said ticket shall operate as a summons to the person to appear before the court at the date and time therein specified so that, in default of payment of the fine or so making appearance before the court, the person shall be treated as if the fine had been imposed after conviction.
  • Where a person is issued a ticket under subregulation (1) in respect of an offence—
    • no proceedings may be instituted for that offence before the expiration of twenty-eight days following the date of the ticket; and
    • he may not be convicted of that offence id he pays the fine before the expiration of that period.
  • In any proceedings, a certificate that payment of the

fine was or was not made to the Clerk to the Magistrate’s Court by the date specified in the certificate shall, if the certificate purports to be signed by the Clerk to the Magistrate’s Court, be admissible as evidence of the stated facts.

Revocation

  1. The Public and Environmental Health (COVID19)(Control Measures)(No. 5) Regulations 2020 (LN 108 of 2020) are revoked.

“SCHEDULE 1

TICKET  

Name:............................................................................................... 

Date of birth: …………………………………….. 

Address:........................................................................................... 

Phone:………………..(work) ………….………….……….. (home) 

Work address:.......................................................................................... 

You are summoned to appear in the Magistrate’s Court at ……….………………(place)  at ………………. a.m., on the ...............day of

....................................., 20………….   or you can produce this ticket to the Clerk of Court at any time during office hours not later than twenty-eight days beginning with the day after the date of this ticket and pay the Clerk of Court the sum of $ ......................... . in respect of the offence committed by you: at ....................................on the ..............day of .....................................,

20…………….  . 

Offence:                                                           Fine:          

Offence:                                                           Fine:          

Failure to comply with either of the above requirements will render you liable to be arrested and brought before the Court. 

Date of issue:…………Time:................. am/pm 

                                Reporting          Officer’s          Signature          (and          rank          and          no):

.............................................................. 

Original to alleged offender 

First copy to court 

Second copy to prosecutor  Third copy to police 

__________

SCHEDULE 2

OFFENCES AND PENALTIES

OFFENCE

REGULATION

FINE

Failure to comply with curfew restrictions

4(1) and(2)

$250

Failure to comply with restrictions on businesses

5

$250

Breach of restriction on maximum number of persons allowed inside a religious place of worship

6(1)

$250

Breach of restriction on maximum number of persons permitted to attend a funeral

7

$250

Breach of restriction on maximum number of persons permitted to attend a social activity

8

$250

Breach of restriction on maximum number of persons permitted at a wedding

9

$250

Breach of restriction on maximum number of persons permitted to gather at public beach

14

$250

 

MADE this 13th day of November 2020.

 

 

NIGEL DAKIN
GOVERNOR

 

 

EXPLANATORY NOTE

(This Note is not part of the Regulations)

These Regulations extend the measures in place considered necessary to prevent, control and control the spread of COVID19 (Coronavirus) in the Islands.

 

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Ordinance

Ordinance 21 of 2020

TURKS AND CAICOS ISLANDS
PUBLIC AND ENVIRONMENTAL HEALTH
(AMENDMENT) ORDINANCE
2020

(Ordiannce 21 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

  1. Short title and commencement
  2. Section 10 of the Public and Environmental Health Ordinance amended
  3. Section 11 of the Public and Environmental Health Ordinance amended
  4. Section 12 of the Public and Environmental Health Ordinance amended
  5. Section 13 of the Public and Environmental Health Ordinance amended
  6. Section 16 of the Public and Environmental Health Ordinance amended
  7. Section 17 of the Public and Environmental Health Ordinance amended
  8. Section 18 of the Public and Environmental Health Ordinance amended
  9. Section 62 of the Public and Environmental Health Ordinance amended
  10. Emergency Powers (COVID-19)(No. 5) Regulations 2020 repealed

Assent................................................................ 20th August 2020

Publication in Gazette........................................ 21st August 2020

Commencement............................. n accordance with section 1

 

AN ORDINANCE TO AMEND THE PUBLIC AND ENVIRONMENTAL HEALTH ORDINANCE AND MATTERS INCIDENTAL THERETO.

ENACTED by the Legislature of the Turks and Caicos Islands.

Short title and commencement

  1. This Ordinance may be cited as the Public and Environmental Health (Amendment) Ordinance 2020 and shall come into operation on publication in the Gazette.
Section 10 of the Public and Environmental Health Ordinance amended
  1. Section 10 of the Public and Environmental Health Ordinance is amended-
  1. by inserting after subsection (3) the following—

“(3A) Where a notice has been issued under subsection (1) to cleanse or disinfect any premises, the health officer may—

  • specify further reasonable measures which the owner or occupier of the premises is required to take in order to prevent, decrease, control or eliminate the spread of the infectious disease and the owner or occupier shall comply with the measures within the period of time specified;
  • order the immediate cessation of use of the premises or part of a premises upon a determination being made that its continued use would create a risk to the spread of the infectious disease and any owner or occupier so ordered under this paragraph to cease use of any premises shall not resume use of such premises until a health officer determines that the conditions which necessitated the issuance of the cessation order have ceased to exist”;
      b. in subsection (4)—
  1. by inserting after the words “subsection (3)” the words “or (3A)”;
  2. by repealing “$100” and substituting “$3,000”.

Section 11 of the Public and Environmental Health Ordinance amended

3. Section 11 of the Public and Environmental Health Ordinance is amended by repealing the words “$500 or a term of imprisonment of 3 months or both” and substituting “$5,000 or to a term of imprisonment for 6 months or both”.

Section 12 of the Public and Environmental Health Ordinance amended

4. Section 12 of the Public and Environmental Health Ordinance is amended in paragraph (b) by repealing “$1,000” and substituting “$5,000”.

Section 13 of the Public and Environmental Health Ordinance amended

5. Section 13 of the Public and Environmental Health Ordinance is amended in subsection (3) by repealing “$1,000” and substituting “$5,000”.

Section 16 of the Public and Environmental Health Ordinance amended

6. Section 16 of the Public and Environmental Health Ordinance is amended in subsection (3) by repealing “$250” and substituting “$1,000”.

Section 17 of the Public and Environmental Health Ordinance amended

7. Section 17 of the Public and Environmental Health Ordinance is amended in subsection (3) by repealing “$250” and substituting “$1,000”.

Section 18 of the Public and Environmental Health Ordinance amended

8. Section 18 of the Public and Environmental Health Ordinance is amended by repealing “$250” and substituting “$1,000”.

Section 62 of the Public and Environmental Health Ordinance amended

9. Section 62 of the Public and Environmental Health Ordinance is amended—

  • in subsection (1) by repealing paragraph (a) and substituting the following—

(a) the imposition of restrictions on public gatherings, including the use of schools, churches and places of entertainment or refreshment, and on the movements of persons or vehicles for the purpose of preventing, reducing or mitigating the spread of any epidemic or infectious disease in the whole or any part of the Islands.”;

  • in subsection (3) by repealing “$2,000” and substituting “$5,000”.

Emergency Powers (COVID-19)(No. 5) Regulations 2020 repealed

10. (1) The Emergency Powers (COVID-19)(No. 5) Regulations 2020 are repealed.

(2) Any guidelines issued under the Emergency Powers (COVID-19)(No. 5) Regulations 2020 continues in force until amended or replaced by subsequent guidelines.