Regulations and Notice

Legal Notice 61 of 2021

TURKS AND CAICOS ISLANDS
PUBLIC AND ENVIRONMENTAL HEALTH
(COVID-19)(CONTROL MEASURES)(NO. 9)
REGULATIONS 2021

(Legal Notice 61 of 2021)

ARRANGEMENT OF REGULATIONS

REGULATION

  1. Citation an commencement
  2. Interpretation
  3. Regulation 1 amended
  4. Regulation 3A substituted
  5. Regulation 4 substituted
  6. Regulation 5 substituted
  7. Regulation 6 substituted
  8. Regulation 7 substituted
  9. Regulation 8 substituted
  10. Regulation 10 substituted
  11. Regulation 13 substituted

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 and commencement

    1. These Regulations may be cited as the Public and Environmental Health (COVID-19)(Control Measures)(Amendment)(No. 7) Regulations 2021 and shall come into operation on 17 March 2021 and shall expire at 5:00 on 30 June 2021.

Interpretation

    1. In these Regulations “principal Regulations” means the Public and Environmental Health (COVID-19)(Control Measures) Regulations 2021.

Regulation 1 amended

    1. Regulation 1 of the principal Regulations is amended by deleting the words “31 March 2021” and substituting “30 June 2021”.

Regulation 3A substituted

    1. The principal Regulations are amended by deleting regulation 3A and substituting the following—

“Curfew

3A. (1) A curfew is imposed on all Islands from 11:00 p.m. to 5:00 am. every night starting on the 17 March 2021 until 5:00 a.m. on 2 April 2021.

  1. 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—

  1. for essential travel to and from the doctor or hospital;

  2. an attorney, for travel to and from a police station;

  3. essential workers, who are directed to report to work by the person in charge of the service.

  4. persons arriving on international flight
  1. For the purposes of this regulation, an “essential worker” includes essential officers of—

  1. the Royal Turks and Caicos Islands Police Force and 911 Centre;

  2. the Fire Services;

  3. Her Majesty’s Prisons;

  4. the Environmental Health Department;

  5. the Department of Immigration;

  6. the Customs Department;

  7. the Airports Authority;

  8. the Civil Aviation Authority;

  9. the Ports Authority;

  10. waste disposal and sanitation companies;

  11. the Emergency Medical Services Department;

  12. the Department of Public Health;

  13. the Department of Social Development;

  14. the Department of Gender Affairs;

  15. the Department of Disaster Management and Emergencies in preparation for and in response to a disaster;

  16. any hospital, health care or medical facility;

  17. any water, electricity, telecommunications (including internet services) or other sector encompassing the provision of electronic communications including print and electronic media;

  18. security guards;

  19. workers at large supermarkets with an established pattern of overnight shift work to facilitate restocking and sanitising;

  20. night auditors; and

  21. essential hotel and villa workers who are travelling directly from work to home.

  22. 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); and
  23. taxi drivers with prearranged pick up of persons falling into regulation 3A(3)(u) or persons arriving on international flights, with the written approval of an FBO, hotel or villa.
  1. All essential workers shall at all times carry personal identification.

  2. 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) or (b) of that subregulation, and back to his home directly without making detours.”.

Regulation 4 substituted

    1. The principal Regulations are amended by deleting regulation 4 and substituting the following—

“Restrictions on businesses

  1. (1) From 17 March 2021 to 2 April 2021—

    1. businesses on all Islands shall suspend operation to the general public at 10:00 p.m., however hotels may operate after 10:00 p.m. but only for guests checked in at the hotel; and

    2. the number of customers permitted in a restaurant, bar, night club or discotheque, at any one time, shall not exceed 30 percent of occupancy based on square footage as verified by the Public and Environmental Health Department: Provided that customers shall not congregate around the bar counters.

(2) A business establishment shall indicate its capacity by a sign posted outside the entrance to the building, having regard to social distancing requirements.

(3) Capacity shall be calculated in order to comply with physical distancing requirements and other applicable regulations.”.

(4) Any owner or operator of a business who fails to—

  1. comply with the requirement to suspend operation to the general public under subregulation (1)(a); or
  2. ensure that the number of persons in the business establishment is limited in accordance with subregulation (1)(b), commits an offence.

(5) Where a person referred to in subregualtion (4) commits—

  1. a second offence, that person shall be issued a ticket and the business ordered closed for a period of eight days;
  2. a third offence, that person shall be issued a ticket and the business order closed for a period of fifteen days.”.

Regulation 5 substituted

  1. The principal Regulations are amended by deleting regulation 5 and substituting the following—

“Religious places of worship

  1. (1) From 17 March 2021 to 2 April 2021, the number of persons that may be permitted at a religious place of worship at any given time shall not exceed 30 percent ofoccupancy based on square foot.age.

    (2) A religious place of worship may have more than one service per day, if necessary, in order to facilitate physical distancing.

    (3) A religious place of worship may provide for a service outdoors through drive-in-option within its premises, but persons shall remain in their vehicles during the conduct of the service.”.

Regulation 6 substituted

  1. The principal Regulations are amended by deleting regulation 6 and substituting the following—

“Funeral services and burial grounds

  1. From 17 March 2021 to 2 April 2021, the number of persons that may be permitted at a funeral at any given time shall not exceed twenty persons, including at least one officiant and essential mortuary staff, which shall be approved by the Chief Medical Officer.”.

Regulation 7 substituted

  1. The principal Regulations are amended by deleting regulation 7 and substituting the following—

“Restrictions on public gathering, social activities and sporting activities

 

(1) Except as provided in subregulations (3) and (4), from 17 March 2021 to 2 April 2021, no person shall host or attend any public gathering or social activity (whether private or public) of any description.

(2) Organised sporting events and activities are prohibited, except for organised training for the CARIFTA Games and organised training by the teams registered with the Football Association.

(3) Subject to subregulation (4), boat excursions are permitted, but shall be limited to thirty percent capacity,inclusive of the crew:

Provided that where a vessel’s capacity is ten persons a maximum of six persons from outside the same household may be permitted on board, subject to adherence to the elevant public health protocol.

(4) Boat parties are prohibited.

(5) The Department of Environmental and Coastal Resources shall determine the capacity for vessels and shall monitor and enforce the requirements of subregulations (3) and (4).

(6) For the avoidance of doubt, and subject to this regulation, the restriction imposed on public gathering or social activity under subregulation (1) does not extend to any activity permitted by regulations 4(1)(b), 5, 6 and 8.

(7) For the purpose of this regulation—“household” means individuals residing in the same domicile; and“person” includes a promoter and a disc jockey.”.

Regulation 8 substituted

  1. The principal Regulations are amended by deleting regulation 8 and substituting the following—

“Weddings

  1. From 17 March 2021 to 2 April 2021, the number of persons that may be permitted at a wedding at any given time shall not exceed twenty persons.

Regulation 10 substituted

  1. The principal Regulations are amended by deleting regulation 10 and substituting the following—

“Logbook

  1. From 17 March 2021 to 30 June 2021, a log book of attendees shall be kept and maintained for any gathering of a church, funeral, wedding, bar, restaurant, club, discotheque, night club, casino, any public gathering or social activity, as the case may be, permitted under regulations 5, 6, 7 and 8 to facilitate contact tracing.”.

Regulation 13 substituted

  1. The principal Regulations are amended by deleting regulation 13 and substituting the following—

“Public beaches

  1. (1) For the purpose of preventing the spread of the virus through social gatherings, from 17 March 2021 to 2 April 2021 there shall be no public gathering on any beach.”.

 

MADE this 16th day of March 2021.

 

 

NIGEL DAKINGOVERNOR

 

 

EXPLANATORY NOTE

(This Note is not part of the Regulations)

These Regulations amend the principal Regulations to extend certain measures considered necessary to prevent and control the spread of COVID-19 (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.