Law Revision Board: summary of decisions – November 2023.

STATES OF JERSEY

LAW REVISION BOARD: SUMMARY OF DECISIONS – NOVEMBER 2023

Presented to the States on 11th January 2024 by the Law Revision Board

STATES GREFFE

2024  R.6

Decisions made by the Law Revision Board

Introduction

The Law Revision Board (the Board) was established under the Law Revision (Jersey) Law 2003 and continued by the Legislation (Jersey) Law 2021 (the "Legislation Law"). The purpose of the Board is to consider draft revisions submitted by the Principal Legislative Drafter and, if satisfied the revisions are within the powers set out in Article 15 or Schedule 1 of the Legislation Law, to certify the revisions.

Article 15(9) of the Legislation Law states:

"The Minutes or other record of the transactions of the business of the Law Revision Board must be laid before the States within 2 months of the business being transacted."

Article 15(3) of the Legislation Law allows the Board to regulate its own procedure.

On 16th November 2023, the Board met for the first time since the adoption of the Legislation Law. This paper and the appended documents are laid before the States in compliance with Article 15(9) of the Legislation Law and reflect the decisions made at that meeting.

Agreed rules of procedure for the Law Revision Board The Board agreed -

• to appoint H.M. Attorney General as the Chair of the Board;

• that the Board would meet twice a year, in April and October, although it would call additional meetings if required;

• that its quorum for a meeting would be 3, with at least 1 of those being an elected States Member;

• that Board meetings could be attended in person or remotely and decisions could be made over email if required;

• that each member of the Board had 1 vote. A majority vote was required in order for a decision to be adopted. In the event of a tied vote, the matter would be carried over to the next Board meeting (the Chair would not have a deciding vote);

• that the Senior Legislative Drafter responsible for law revision matters and the Legislation Editor would attend meetings of the Board to introduce proposed law revisions;

• that the Legislative Drafting Office's Legislation Clerk would act as the Secretary to the Board and in that role would prepare the agenda, circulate documents, and take minutes of the Board's meetings; and

• that the Senior Legislative Drafter would prepare documents recording the decisions made by the Board within 2 weeks of each meeting to ensure compliance with Article 15(9) of the Legislation Law. The Secretary of the Board would email those documents to the Chair. Within 4 weeks of receiving the emailed documents, the Chair would respond on behalf of the Board to approve or amend the documents.

Record of the business of the Law Revision Board transacted on 16th November 2023 The Board agreed -

• to certify the revised law in item 2023/1, which replaces references to the late Queen with references to the King (document appended).

• to certify the revised law in item 2023/2, which removes uses of "inflammable" (document appended).

APPENDICES

Law Revision Board item 2023/1: updating references to Her late Majesty the Queen

Overview

This document asks the Law Revision Board to certify a draft revision as revised legislation.

Part 1 (pages 1 and 2) explains the issue giving rise to the draft revision, the types of changes made in the draft revision, and the legislative powers relied on in the preparation of the draft revision.

Part 2 (pages 2 to 13) lists the changes made in the draft revision. Part 3 (pages 14 onwards) contains the draft revision.

Part 1: Background

The issue

There are many references across the statute book to Her late Majesty the Queen. While not legally necessary, updating these references to instead refer to His Majesty the King would be helpful to users of legislation.

The proposed solution

The Legislative Drafting Office (LDO) has undertaken a comprehensive search of the statute book to identify all references to Her Majesty. LDO has then analysed each reference to identify the best solution.

In most cases, the proposed solution is a simple replacement of words that refer to the late Queen with words that refer to the King. For example, "Her Majesty's Attorney General" is changed to "His Majesty's Attorney General" and "Her Majesty Queen Elizabeth the Second" is changed to "His Majesty King Charles the Third".

In other cases, the proposed solution removes reference to the Sovereign entirely. This type of solution is proposed for two different reasons.

The first reason is to modernise the drafting to align with current drafting practice. An example of a solution proposed for this reason is the replacement of "Her Majesty's Government in the United Kingdom" with "the Government of the United Kingdom".

The second reason to remove reference to the Sovereign is to preserve the legal effect of the legislation in cases where the legislation must apply to both past and future actions of the Sovereign. An example of this is the proposed change to Article 35(1)(b) of the Arbitration (Jersey) Law 1998 to replace "Her Majesty may, by Order in Council, have declared" with "have been declared by Order in Council". In this context, replacing "Her Majesty" with "His Majesty" would change the legal effect of the provision, by excluding Orders made by Her Majesty in Council. The legislation must still apply to those Orders, as well as to Orders made by His Majesty in Council.

Not all references to Her Majesty should be removed. Examples of references that should be retained include references to past actions and references contained in the text of international agreements that are set out in Schedules to legislation.

Is the proposed solution within the Law Revision Board's powers?

Article 15(7) of the Legislation (Jersey) Law 2021 (the "Legislation Law") allows the Law Revision Board to certify a draft revision as revised legislation only if the Board is satisfied that the changes made by the revision are within the powers set out in Article 14 or Schedule 1 of the Legislation Law.

The changes made by the draft revision fall within the following powers in Schedule 1 of the Legislation Law:

• to change any reference to a person, office, body, place or thing to reflect a change of name, transfer of function or provision for construction of the reference (clause (g));

• to make any adaptations and amendments that may appear necessary or proper as a consequence of constitutional or other changes in Jersey or any other place or territory or in or to any body or organisation outside Jersey (clause (h)); and

• to do all other things that appear to the Board to be necessary to render revised legislation consistent with current drafting practice (clause (q)).

Part 2: Table of proposed solutions

Part 3: Draft revision giving effect to proposed solutions

CONTENTS

Advocates and Solicitors (Jersey) Law 1997  18 Agricultural Marketing (Jersey) Law 1953  18 Air Navigation (Jersey) Law 2014  18 Arbitration (Jersey) Law 1998  23 Armed Forces (Offences and Jurisdiction) (Jersey) Law 2017  23 Bailiff of Jersey (Vacancy in Office) Law 1959  24 Banking and Financial Dealings (Jersey) Law 1973  24 Cheques (Jersey) Law 1957  25 Child Abduction and Custody Rules 2005  25 Child Custody (Jurisdiction) (Jersey) Law 2005  26 Child Custody (Jurisdiction) Rules 2005  26 Children's Benefit Funds (Jersey) Law 1969  27 Civil Aviation (Jersey) Law 2008  27 Civil Evidence (Jersey) Law 2003  28 Civil Partners Causes Rules 2012  29

Collective Investment Funds (Recognized Funds) (Permit Conditions for

Functionaries) (Jersey) Order 1988  30 Companies (Jersey) Law 1991  32 Compulsory Purchase of Land (Procedure) (Jersey) Law 1961  33 Consular Conventions (Jersey) Law 1952  33 Consumer Protection (Unfair Practices) (Jersey) Law 2018  34 Control of Borrowing (Jersey) Law 1947  35 Control of Borrowing (Jersey) Order 1958  36 Control of Housing and Work (Jersey) Law 2012  36

Court of Appeal (Criminal) (Confiscation or Instrumentalities Forfeiture Order

Appeals) Rules 2009  37 Court of Appeal (Criminal) (Reference for Review of Sentence) Rules 2009  40 Court of Appeal (Criminal) (Reference of Points of Law) Rules 2009  42 Court of Appeal (Criminal) Rules 1964  45 Court of Appeal (Jersey) Law 1961  46 Crime and Security (Jersey) Law 2003  48 Criminal Justice (Life Sentences) (Jersey) Law 2014  48 Criminal Justice (Young Offenders) (Jersey) Law 2014  49 Criminal Procedure (Jersey) Rules 2021  50 Crown Advocates (Jersey) Law 1987  50 Currency Offences (Jersey) Law 1952  51 Customs and Excise (Customs Transit Procedures) (Jersey) Order 2019  52 Customs and Excise (Jersey) Law 1999  52 Customs and Excise (Safety and Security) (Import) (Jersey) Order 2021  55 Data Protection (Jersey) Law 2018  59 Decimal Currency (Jersey) Law 1971  59 Departments of the Judiciary and the Legislature (Jersey) Law 1965  60 Digital Switchover (Disclosure of Information) (Jersey) Law 2010  61 Drainage (Jersey) Law 2005  62 Freedom of Information (Jersey) Law 2011  62 Gambling (Jersey) Law 2012  63 Harbours (Administration) (Jersey) Law 1961  64 Harbours (Inshore Safety) (Jersey) Regulations 2012  65 Harbours (Jersey) Regulations 1962  67 Health Insurance (Jersey) Law 1967  67

Hong Kong Economic and Trade Office (Privileges and Immunities) (Jersey) Law

1998  70 Honorary Police (Jersey) Law 1974  70 Human Rights (Jersey) Law 2000  70 Income Tax (Jersey) Law 1961  70 Income Tax (Minimum Retirement Capital) (Jersey) Order 2017  74 Intellectual Property (Unregistered Rights) (Jersey) Law 2011  75 International Criminal Court (Jersey) Law 2014  77 Interpretation (Jersey) Law 1954  80 Judgments (Reciprocal Enforcement) (Jersey) Act 1973  81 Judgments (Reciprocal Enforcement) (Jersey) Law 1960  81 Judgments (Reciprocal Enforcement) Rules 1961  83 Law Reform (Miscellaneous Provisions) (Jersey) Law 1967  83 Legislation (Jersey) Law 2021  83 Legitimacy (Jersey) Law 1973  84 Loi (1862) sur les teneures en fidéicommis et l'incorporation d'associations  85 Loi (1884) sur les matières explosives  85 Loi (1891) sur la Cour pour le recouvrement de menues dettes  85 Matrimonial Causes (Jersey) Law 1949  86 Matrimonial Causes Rules 2005  87 Merchandise Marks (Jersey) Law 1958  88 Misuse of Drugs (Jersey) Law 1978  89 Money Laundering and Weapons Development (Directions) (Jersey) Law 2012  90 Motor Traffic (Third-Party Insurance) (Jersey) Law 1948  90 Official Secrets (Jersey) Law 1952  91 Opticians (Registration) (Jersey) Law 1962  94 Patents (Jersey) Law 1957  97 Petroleum-Spirit (Carriage by Road) (Jersey) Regulations 2001  97 Planning and Building (Jersey) Law 2002  99 Poisons (General Provisions) (Jersey) Order 1968  100 Poisons (Jersey) Law 1952  102 Police (Complaints and Discipline Procedure) (Jersey) Order 2000  102

Police (Honorary Police Complaints and Discipline Procedure) (Jersey)

Regulations 2000  103 Prison (Jersey) Rules 2007  104 Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey) Law 1998  104 Proceeds of Crime (Jersey) Law 1999  104 Public Finances (Jersey) Law 2019  105 Public Health (Aircraft) (Jersey) Order 1971  106 Public Health (Ships) (Jersey) Order 1971  106 Public Markets (Administration) (Jersey) Regulations 1947  106 Rates (Jersey) Law 2005  107 Registered Designs (Jersey) Law 1957  108 Registration of Business Names (Jersey) Law 1956  110 Regulation of Investigatory Powers (Jersey) Law 2005  111 Rehabilitation of Offenders (Jersey) Law 2001  117 Repatriation of Prisoners (Jersey) Law 2012  119 Road Traffic (Jersey) Law 1956  119 Road Traffic (Lighting) (Jersey) Order 1998  120 Royal Court (Jersey) Law 1948  120 Royal Court Rules 2004  122 Sanctions and Asset-Freezing (Jersey) Law 2019  123 Sea Fisheries (Jersey) Law 1994  123 Seignorial Rights (Abolition) (Jersey) Law 1966  124

Service of Process and Taking of Evidence (Jersey) Law 1960  125

Shipping (Fishing Vessels of 24 Metres in Length and Over) (Safety Provisions)

(Jersey) Order 2004  125 Shipping (Fishing Vessels – Safety Training) (Jersey) Order 2004  126 Shipping (Jersey) Law 2002  126 Shipping (MARPOL) (Jersey) Regulations 2012  135 Shipping (Oil Pollution) (Liability and Compensation) (Jersey) Law 2015  136 Social Security (Jersey) Law 1974  137 Social Security (Members of the Forces) (Jersey) Order 1974  137 States of Jersey Law 2005  137 States of Jersey Police Force Law 2012  138 Supply of Goods and Services (Jersey) Law 2009  139 Terrorism (Jersey) Law 2002  139 Waste Management (Jersey) Law 2005  140 Water Pollution (Jersey) Law 2000  140 Water Resources (Jersey) Law 2007  141

Advocates and Solicitors (Jersey) Law 1997

SCHEDULE 1

(Article 8(6)(b))

OATH OF OFFICE OF SOLICITORS OF THE ROYAL COURT

Vous jurez et promettez par la foi et serment que vous devez à Dieu, que bien et fidèlement vous exercerez la profession d'écrivain près les Tribunaux de ce pays sous notre Souverain Seigneur Charles TroisSouveraine Dame Elizabeth Deux, par la Grâce de Dieu Reine du Royaume Uni de la Grande Bretagne et de l'Irlande du Nord et de Ses autres Royaumes et Territoires, Chef du Commonwealth, Défenseur de la Foi, la Majesté de laquelle vous reconnoissez sous Dieu, suprême Gouverneur en tous ses Royaumes, Provinces et Territoires, quittant et renonçant à toutes autres supériorités foraines et étrangères; vous garderez le droit de Sa Majesté et de ses sujets, et soutiendrez l'honneur et gloire de Dieu et de sa pure parole; vous défendrez et maintiendrez les lois et usages, privilèges, franchises, coutumes et libertés de l'Isle, vous opposant à quiconque les voudroit enfreindre. Vous n'entreprendrez ni ne soutiendrez aucune cause ou affaire qui vous paroîtra dénuée de tout droit, ou proposée avec méchanceté. Vous ne controuverez aucuns faits, si vos clients ne vous les ont affirmés pour vrais. Vous ne proposerez ni alléguerez aucun fait, coutume ni usage, que vous sçaurez être contraires à droit et justice; et si aucune chose touche le droit de Sa Majesté, vous en informerez les Officiers de la Couronne, et le maintiendrez. Vous ne ferez aucun marché ni contrat avec vos clients d'aucune cause ou affaire contentieuse, ni de partie d'icelle. Vous vous contenterez de gages et salaires raisonnables, et assisterez aux veuves, pauvres et orphelins. Et finalement vous vous conformerez selon le bon avis de Monsieur le Bailli, ou de Monsieur le Député-Bailli, ou de Monsieur le Lieutenant-Bailli, ou de Messieurs de Justice.

Agricultural Marketing (Jersey) Law 1953

24  Treaties etc. to prevail

Where there is any conflict or inconsistency between the provisions of this Law and the provisions of any treaty, convention or agreement applicable to Jersey and for the time being in force between His Majesty Her Majesty and any foreign power or between the Government of the United Kingdom  Her Majesty's Government in the United Kingdom and the Government of any other country, or with any agreement for the time being in force between the States and the Government of any other country, the provisions of such treaty, convention or agreement shall prevail.

Air Navigation (Jersey) Law 2014

1  Interpretation

(1)  In this Law –

"Commonwealth" means the United Kingdom, the Channel Islands, the Isle of Man, the countries mentioned in Schedule 3 to the British Nationality Act 1981 (c. 61) of the United Kingdom and all other territories forming part of His Majesty's dominions Her Majesty's dominions or in which His Majesty Her Majesty has jurisdiction;

2  Aircraft to be registered

1. An aircraft shall not fly in or over Jersey unless it is registered in –

1. a Commonwealth Country;
2. a Contracting State; or
3. any other country with which there is in force an agreement between the Government  of the  United Kingdom Her Majesty's Government  in the United Kingdom and the Government of that country which makes provision for the flight over Jersey of aircraft registered in that country.

2. Any aircraft may fly unregistered on any flight which –
   1. begins and ends in Jersey without passing over any other country; and
   2. is in accordance with the conditions of a permit to fly issued under Article 9.
3. Paragraph (1) shall not apply to any kite or captive balloon.
4. If an aircraft flies in or over Jersey in contravention of paragraph (1) in such manner or circumstances that if the aircraft had been registered in Jersey an offence under this Law would have been committed, the same offence is deemed to have been committed in respect of that aircraft.

29  Flight crew licence – exception for members of HM Forces

A person may act as a member of the flight crew of an aircraft registered in Jersey without being the holder of an appropriate licence if, in so doing, the person is acting in the course of his or her duty as a member of any of His Majesty'sHer Majesty's naval, military or air forces.

46  Rules of the Air

1. The States may by Regulations make Rules of the Air regarding air traffic services and procedures in air navigation that are compatible with the Chicago Convention and the Standard European Rules of Air.
2. It shall be lawful to depart from the Rules of the Air to the extent necessary –

1. for avoiding immediate danger; or
2. for complying with the law of any country other than Jersey within which the aircraft then is.

3. It shall be lawful for the Rules of the Air to be departed in relation to an aircraft of which the pilot-in-command is acting in the course of his or her duty as a member of any of His Majesty's Her Majesty's naval, military or air forces.
4. If any departure from the Rules of the Air is made for the purpose of avoiding immediate  danger,  the  pilot-in-command  of  the  aircraft  shall  cause  written particulars of the departure, and of the circumstances giving rise to it, to be given within 10 days of the departure to the competent authority of the country in whose territory the departure was made or, if the departure was made over the high seas, to the Director.

5. Nothing in the Rules of the Air shall exonerate any person from the consequences of any neglect in the use of lights or signals or of the neglect of any precautions required by ordinary aviation practice or by the special circumstances of the case.
6. In this Article "Standard European Rules of the Air" means the Commission Implementing  Regulation  (EU)  No 923/2012  of  26 September 2012  (OJ No L 281/1, 13.10.2012).

113  Prohibition of unlicensed air traffic controllers and student air traffic controllers

1. A person shall not act as an air traffic controller or offer, whether by use of a radio call sign or in any other way, to act as a person who may so act unless such person is the holder of, and complies with the conditions of –

1. a valid student air traffic controller's licence granted under Article 114 and under supervision in accordance with Article 114(5);
2. an appropriate valid air traffic controller's licence granted under Article 114; or
3. a valid air traffic controller's licence so granted which is not appropriate but under supervision as though the person was the holder of a student air traffic controller's licence.

2. Nothing in this Article prohibits the holder of a valid air traffic controller's licence from providing at any place, or for any sector for which the licence includes a valid certificate of competence, information to aircraft in flight in the interests of safety.
3. A licence is not required by any person who acts in the course of his or her duty as a member of any ofHis Majesty'sHer Majesty's naval, military or air forces or as a member of a visiting force.

124  Aeronautical telecommunication service records

1. The person in charge of an aeronautical telecommunication service shall provide recording equipment or apparatus under paragraph (2).
2. The person in charge of the aeronautical telecommunication service in respect of which  recording  equipment  or  apparatus  is  required  to  be  provided  under paragraph (1) shall ensure –

1. that  the  equipment  or  apparatus  is  in  operation  at  all  times  when  the aeronautical telecommunication service is being used in connection with the provision of a service provided for the purpose of facilitating the navigation of aircraft; and
2. that the equipment or apparatus and each record made by the equipment or apparatus comply with the specified requirements.

169  Revocation, suspension and variation of permissions, etc. granted under Article 105 or Article 107

1. The permits to which this Article applies are permissions granted by the Director as the case may be under Article 105 or 107 and any approvals or authorizations of, or consents to, any matter which the Director has granted, or is deemed to have granted, in pursuance of a permission which either of them has so granted.
2. The Director may revoke, suspend or vary any permit to which this Article applies.
3. Except as provided by paragraph (4), the Director may exercise the powers under paragraph (2) only after notifying the permit-holder of the intention to do so and after due consideration of the case.
4. If, by reason of the urgency of the matter, it appears to the Director to be necessary to  do  so,  the  Director  may  provisionally  suspend  or  vary  a  permit  without complying with the requirements of paragraph (3); but shall in any such case comply with those requirements as soon thereafter as is reasonably practicable and shall then either –

1. revoke the provisional suspension or variation of the permit; or
2. substitute for it a definitive revocation, suspension or variation, which, if a definitive suspension, may be for the same or a different period as the provisional suspension (if any) or, if a definitive variation, may be on the same or different terms as the provisional variation (if any).

5. The powers vested in the Director by paragraph (2) and paragraph (4) may be exercised whenever, in the Director's judgement and whether or not by reason of anything done or omitted to be done by the permit-holder or otherwise connected with the permit-holder, it is necessary or expedient that the permit-holder should not enjoy, or should no longer enjoy, the rights conferred by a permit to which this Article applies or should enjoy them subject to such limitations or qualifications as the Director may determine.

6. In particular, and without prejudice to the generality of the foregoing, the Director may exercise those powers if it appears to the Director that –

7. The permit-holder or any person having the possession or custody of any permit which has been revoked, suspended or varied under this Article shall surrender it to the Director within a reasonable time of being required by the Director to do so.
8. The breach of any condition subject to which any permit to which this Article applies has been granted renders the permit invalid during the continuance of the breach.
9. In this Article "permit-holder" means the person to whom any permit to which this Article applies has been granted, or that is deemed to have been granted.

173  Application of the Law to the Crown and visiting forces etc.

1. Subject to the following provisions of this Article, the provisions of this Law apply to or in relation to aircraft belonging to or exclusively employed in the service of His MajestyHer Majesty as they apply to or in relation to other aircraft.
2. For the purposes of such application, the Department or other authority for the time being responsible on behalf of His MajestyHer Majesty for the management of the aircraft is deemed to be the operator of the aircraft and, in the case of an aircraft belonging to His MajestyHer Majesty, to be the owner of the interest of  His MajestyHer Majesty in the aircraft.
3. Nothing in this Article renders liable to any penalty any department or other authority responsible on behalf of His MajestyHer Majesty for the management of any aircraft.

4. Paragraph (5) applies to the naval, military and air force authorities, any members of any visiting force and any international headquarters and their members and property held or used for the purpose of such a force.
5. Except as otherwise expressly provided, each body and person and any property to which paragraph (4) applies is exempt from the provisions of this Law to the same extent as if it formed part of the forces of His MajestyHer Majesty raised in the United Kingdom and for the time being serving in Jersey.
6. Except as otherwise provided by paragraph (7), Articles 40(3)(a), 48(7), (12) and (13), and 130 and the Rules of the Air, nothing in this Law applies to or in relation to any military aircraft.
7. Where a military aircraft is flown by a civilian pilot and is not commanded by a person who is acting in the course of his or her duty as a member of any of His Majesty's Her Majesty's naval, military or air forces or as a member of a visiting force, Articles 47, 146, 147, and 148 and the Rules of the Air apply unless, in the case of the Rules ofthe Air, an aircraft is flown in compliance with specific requirements.

Arbitration (Jersey) Law 1998

35  Awards to which Part 3 applies

1. Subject to Article 41, this Part applies to any award made –

1. in pursuance of an agreement for arbitration to which the Protocol applies;
2. between persons of whom one is subject to the jurisdiction of some one of such Powers as have been declared by Order in CouncilHer Majesty may, by Order in Council, have declared to be parties to the Geneva Convention and of whom the other is subject to the jurisdiction of some other of the Powers aforesaid; and
3. in one of such territories as have been declared by Order in CouncilHer Majesty may, by Order in Council, have declared to be territories to which the Geneva Convention applies.

2. In this Article the expression "Order in Council" means an Order in Council which is in force and which –

1. has been made under section 35 of the Arbitration Act 1950 of the United Kingdom; or
2. has effect, by virtue of section 35(3) thereof, as if it had been so made.

Armed Forces (Offences and Jurisdiction) (Jersey) Law 2017

17  Limits on enforcement in civilian courts in matters relating to service

1. In this Article –

"His Majesty's forcesHer Majesty's forces" does not include the forces of a country, other than the United Kingdom, that is a member of the Commonwealth; "relevant pay or pension" means any pay, pension, benefit, bounty, grant or allowance payable to a person in respect of that person's, or any other person's, service in His Majesty's forcesHer Majesty's forces.

2. No proceedings, whether under customary law or under any enactment, may be entertained by a civilian court with regard to –

1. any relevant pay or pension, other than by way of proceedings mentioned in paragraph (5);
2. the terms of a person's service in His Majesty's forcesHer Majesty's forces; or
3. a person's discharge from such service.

3. Each of the following is void –
   1. an assignment of any relevant pay or pension;
   2. a charge on any relevant pay or pension;
   3. an agreement to assign or charge any relevant pay or pension.
4. No order may be made, whether under customary law or under any enactment, by a civilian court the effect of which would be –

1. to prevent a person from receiving any relevant pay or pension; and
2. to direct payment of it to another person.

5. Nothing in paragraph (3) or (4) –

1. applies to the making or variation of an order for the arrest of wages; or
2. prejudices any enactment providing for the payment of a sum to the Viscount or to a liquidator for distribution among creditors.

6. An item is not subject to arrest or distraint in any proceedings in a civilian court, whether under customary law or under any enactment, if the item is a weapon or other instrument, or an item of clothing or other equipment, that –

Bailiff of Jersey (Vacancy in Office) Law 1959

3  Saving

Nothing in this Law shall be construed as in any way derogating from the power of His MajestyHer Majesty to make arrangements for the exercise by any person, during a vacancy in the office of Bailiff , of any of the functions normally discharged by the holder of that office.

Banking and Financial Dealings (Jersey) Law 1973

A LAW to give effect in Jersey to certain orders made by His Majesty's TreasuryHer Majesty's Treasury under the Banking and Financial Dealings Act 1971 of the United Kingdom

Cheques (Jersey) Law 1957

5  Protection of bankers collecting payment of cheques, etc.

1. Where a banker, in good faith and without negligence, –

1. receives payment for a customer of an instrument to which this Article applies; or
2. having credited a customer's account with the amount of such an instrument, receives payment thereof for himself or herself,

and the customer has no title, or a defective title, to the instrument, the banker does not incur any liability to the true owner of the instrument by reason only of having received payment thereof.

2. This Article applies to the following instruments, namely, –

1. cheques (including  cheques  which  under Article 4  or  otherwise  are  not transferable);
2. any document issued by a customer of a banker which though not a bill of exchange, is intended to enable a person to obtain payment from that banker of the sum mentioned in the document;
3. any document issued by a public officer which is intended to enable a person to obtain payment from the Paymaster General or the King'sQueen's and Lord Treasurer's Remembrancer of the sum mentioned in the document but is not a bill of exchange;
4. any draft payable on demand drawn by a banker upon himself or herself, whether payable at the head office or some other office of the banker's bank.

3. A banker is not to be treated for the purposes of this Article as having been negligent by reason only of the banker's failure to concern himself or herself with absence of, or irregularity in, indorsement of an instrument.

Child Abduction and Custody Rules 2005

1  Interpretation

In these Rules –

"appropriate court" means –

1. in relation to England and Wales, the High Court of Justice in England and Wales;
2. in relation to Scotland, the Court of Session;
3. in relation to Northern Ireland, His Majesty'sHer Majesty's High Court of Justice in Northern Ireland;

"British jurisdiction" means England and Wales, Scotland or Northern Ireland; "Greffier" means Judicial Greffier;

"Law" means the Child Abduction and Custody (Jersey) Law 2005.

Child Custody (Jurisdiction) (Jersey) Law 2005

16  Recognition of Royal Court order in the United Kingdom

1. Any person on whom any rights are conferred by a Jersey order may apply to the Court for the order to be registered in any part of the United Kingdom under any provision corresponding to Article 11 and having effect in that part.
2. An application under paragraph (1) shall be made in the prescribed manner, contain the prescribed information and be accompanied by such documents as may be prescribed.
3. On receiving an application under this Article, the Court shall, unless it appears to it that the order is no longer in force, cause the following documents to be sent to the appropriate court in the part of the United Kingdom specified in the application, namely –

1. a certified copy of the order; and
2. where the order has been varied, prescribed particulars of any variation which is in force; and
3. a copy of the application and of any accompanying documents.

4. Where the Court revokes or varies an order which is registered in any part of the United Kingdom under a provision corresponding to Article 11, the Court shall cause notice of the revocation or variation to be given in the prescribed manner to the court in which it is registered.
5. In this Article "appropriate court" means –

Child Custody (Jurisdiction) Rules 2005

1  Interpretation

In these Rules –

"appropriate court" means –

1. in relation to England and Wales, the High Court of Justice in England and Wales;
2. in relation to Scotland, the Court of Session;
3. in relation to Northern Ireland, His Majesty'sHer Majesty's High Court of Justice in Northern Ireland;

"appropriate officer" means –

1. in relation to England and Wales, the secretary of the principal registry of the Family Division of the High Court of Justice in England and Wales;
2. in relation to Scotland, the Deputy Principal Clerk of Session;
3. in relation to Northern Ireland, the Master (Care and Protection) of  His Majesty'sHer Majesty's High Court of Justice in Northern Ireland;

"British jurisdiction" means England and Wales, Scotland or Northern Ireland; "Court" includes the Greffier;

"Law" means the Child Custody (Jurisdiction) (Jersey) Law 2005; and

"registration" means registration under the Law and "register" and "registered" shall be construed accordingly (except in relation to the registration of a Jersey order under Part I of the Family Law Act 1986 of the United Kingdom).

Children's Benefit Funds (Jersey) Law 1969

2  Establishment, administration and application of Children's Benefit Funds

(9)  The Capital Fund shall be invested only in –

1. loans issued by the States;
2. stock issued by a public utility undertaking and guaranteed under the Public Utilities Undertakings (Guarantee on Loans) (Jersey) Law 1963;
3. securities issued by the Government of the United Kingdom Her Majesty's Government in the United Kingdom;
4. securities the payment of interest on which is guaranteed by the Government of the United Kingdom  Her Majesty's Government in the United Kingdom;
5. fixed interest securities issued by the government of any of the following countries, that is to say, Australia, Burma, Canada, Ceylon, Ghana, India, the Republic of Ireland, Malaysia, New Zealand, Pakistan and the Republic of South Africa;
6. such  securities,  or  securities  of  such  class,  as  the  States,  on  the recommendation of the Minister for Treasury and Resources, may approve.

Civil Aviation (Jersey) Law 2008

22  Application to Crown

1. Except as otherwise provided by this Article, this Law binds the Crown.
2. A contravention by the Crown of this Law does not make the Crown criminally liable.
3. However –

1. the Royal Court may, on the application of the Director of Civil Aviation, declare unlawful an act or omission of the Crown that contravenes this Law;
2. this Law applies in any event to persons in the public service of the Crown as it applies to other persons.

4. If the Lieutenant-Governor certifies that it appears to him or her that it is requisite or expedient that, in the interests of national security, a power under this Law that is specified in the certificate should not be exercisable in relation to Crown land specified in the certificate, the power shall not be exercisable in respect of the land.
5. This Law does not apply to His Majesty in his Her Majesty in her private capacity.

Civil Evidence (Jersey) Law 2003

11  Proof of records of business or public authority

1. A document which is shown to form part of the records of a business or public authority may be received in evidence without further proof.
2. A document shall be taken to form part of the records of a business or public authority if there is produced to the court a certificate to that effect signed by an officer of the business or authority to which the records belong.
3. For the purposes of paragraph (2) –

1. a document purporting to be a certificate signed by an officer of a business or public authority shall be deemed to have been duly given by such an officer and signed by the officer; and
2. a certificate shall be treated as signed by a person if it purports to bear a facsimile of the person's signature.

4. The absence of an entry in the records of a business or public authority may be proved by affidavit of an officer of the business or authority to which the records belong.
5. The court may, having regard to the circumstances of the case, direct that all or any of the provisions of this Article do not apply in relation to a particular document or record, or description of documents or records.
6. In this Article –

"business" includes any activity regularly carried on over a period of time, whether for profit or not, by any body (whether corporate or not) or by an individual;

"officer" includes any person occupying a responsible position in relation to the relevant activities of the business or public authority or in relation to its records; and

"public  authority"  includes  any  public  or  parochial  authority,  statutory undertaking, States department and person holding office under the States or under His MajestyHer Majesty;

"records" means records in whatever form.

Civil Partners Causes Rules 2012

12  Service out of Jersey

1. A cause application, originating summons, notice or other document in a cause or matter may be served out of Jersey without leave in the manner provided by this Rule.
2. When a cause application is to be served out of Jersey, the time limited for giving notice  of  intention  to  defend  in  the  notice  accompanying  the  application  or contained in the notice shall be fixed having regard to the place or country where or in which the application or notice is to be served.
3. When an originating summons is to be served out of Jersey, the date of the hearing shall be fixed having regard to the place or country where or in which the summons is to be served.
4. When it is desired to serve any cause application, originating summons, notice or other document in a foreign country the following procedure may, subject to the provisions of any relevant convention between His MajestyHer Majesty and the Government of a foreign country, be adopted –

1. the party bespeaking such service must lodge with the Greffier a request in Form CP2 (which may be varied as necessary to meet the circumstances of the case);
2. the request must be accompanied by the original document and a translation of it, in the language ofthe country in which service is to be effected, certified by or on behalf of the person making the request, a copy of each for every person to be served and any further copies that the Greffier may deem necessary;
3. the documents to be served must be sealed with the seal of the Royal Court and shall be forwarded by the Greffier to the Bailiff for transmission through official channels;
4. an official certificate, transmitted through official channels to the Bailiff , establishing the fact and the date of the service of the documents shall, provided that the official certificate in the case of a document to be served personally shows the server's means of knowledge as to the identity of the person served, be deemed to be sufficient proof of such service and shall be filed as, and be equivalent to, a record by the Viscount or an affidavit of service within the requirements of these Rules in that behalf; and
5. where  an  official  certificate,  transmitted  to  the   Bailiff  through  official channels, certifies that efforts to serve a document have been without effect, the Court may, upon a written request made ex parte by the person desiring to cause the document to be served, order that such person be at liberty to bespeak from the Greffier a request for substituted service of such document.

Form CP2

Request for service in a foreign country

Civil Partners Causes Rules 2012 Rule 12(4)

IN THE ROYAL COURT OF JERSEY  File No:

(Family Division)

BETWEEN   APPLICANT AND   RESPONDENT

I request that the [cause application] [originating summons] [or describe the document] in this cause be sent through the proper channels to [name of country] for [service] [substituted service] on the [name the party] at [address] or elsewhere in [name of country].

I personally undertake to be responsible for all expenses incurred by [His Majesty's Her Majesty's Principal Secretary of State for Foreign Affairs] [the foreign judicial authority] in respect of the service requested and, on receiving due notification of the amount of such expenses, I undertake to pay the same to the Judicial Greffier.

Collective Investment Funds (Recognized Funds) (Permit Conditions for Functionaries) (Jersey) Order 1988

SCHEDULE 4

FINANCIAL RESOURCES: INVESTMENT POSITION RISK REQUIREMENT: INVESTMENTS AND ASSETS OTHER THAN UNITS IN RECOGNIZED FUNDS

TABLE

INVESTMENT POSITION RISK FACTORS

Column 1  Column 2 I  Debt instruments issued by the Government of the

United  Kingdom Her Majesty's  Government  or

by a local authority in the United Kingdom with

less than 12 months to final redemption;  2%

II  Debt  instruments  issued  or  accepted  by  an

approved bank with less than 90 days to final

redemption;  2% III  Debt instruments issued by the Government of the

United  Kingdom Her Majesty's  Government  or  5%

INVESTMENT POSITION RISK FACTORS

Column 1  Column 2

by a local authority in the United Kingdom with more than 12 months but less than 5 years to final redemption;

IV  Other  debt  instruments  which  are  marketable

investments  with  less  than  12  months  to  final

redemption;  5% V  Floating  Rate  Notes  which  are  marketable

investments with no more than 20 years to final

redemption;  5% VI  Debt instruments issued by the Government of the

United  Kingdom Her Majesty's  Government  or

by a local authority in the United Kingdom with

more than 5 years to final redemption;  10% VII  Other  debt  instruments  which  are  marketable

investments  with  less  than  5  years  to  final

redemption;  10%

VIII  Floating  Rate  Notes  which  are  marketable

investments  with 20  years  or  more  to  final

redemption;  10% IX  Other  debt  instruments  which  are  marketable

investments;  15% X  Shares listed on the Official List of The Stock

Exchange  or  on  a recognized overseas  or

designated investment exchange;  25%

XI  Single premium unit linked bonds and units in

what under the Financial Services Act 1986 of the

United  Kingdom  is  an authorized unit  trust

scheme or a recognized scheme other than units in

a Jersey recognized fund;  25% XII  Physical stocks other than those disregarded by

virtue of Schedule 2 to this Order;  30%

XIII  Other shares which are traded on a recognized or

designated investment exchange;  35% XIV  Other shares in which there is a market maker;  35%

XV  Futures, options and contracts for differences in

respect of which exposure to loss is not limited to the purchase price of the investment;

INVESTMENT POSITION RISK FACTORS

Column 1  Column 2

4 times initial margin requirement

XVI  Other investments other than shares disregarded

by  virtue  of paragraph 6  of Schedule 2  to  100% of these rules.  amount

of asset

In the Table "final redemption" means the earliest date on which the manager may receive (either by virtue of the maturity of the investment or the exercise of an option by the manager) repayment of the principal amount of the debt instrument.

Companies (Jersey) Law 1991

213A  Recognition of status of foreign corporations

1. If at any time –

1. any question arises whether a body which purports to have corporate status under or, as the case may be, which appears to have lost corporate status under the laws of a territory which is not at that time a recognized State should or should not be regarded as having legal personality as a body corporate under the law of Jersey; and
2. it appears that the laws of that territory are at that time applied by a settled court system in that territory,

that  question  and  any  other  material  question  relating  to  the  body  shall  be determined (and account shall be taken of those laws) as if that territory were a recognized State.

2. For the purposes of paragraph (1) –

1. "a recognized State" is a territory which is recognized by the Government of the United KingdomHer Majesty's Government in the United Kingdom as a State;
2. the laws of a territory which is so recognized shall be taken to include the laws of any part of the territory which are acknowledged by the federal or other central government of the territory as a whole; and
3. a material question is a question (whether as to capacity, constitution or otherwise) which, in the case of a body corporate, falls to be determined by reference to the laws of the territory under which the body is incorporated.

3. Any registration or other thing done at a time before the coming into force of this Article shall be regarded as valid if it would have been valid at that time, had paragraphs (1) and (2) then been in force.

Compulsory Purchase of Land (Procedure) (Jersey) Law 1961

2  Application of the provisions of this Law

1. The provisions of this Law shall apply only where, by a Law by a Law confirmed by Order of Her Majesty in Council (in this Law referred to as a "Special Law"), power is conferred on the States to acquire land by compulsory purchase on behalf of the public in accordance with the provisions of this Law but not otherwise, and, in any such case, the provisions of this Law shall apply in relation to the acquisition of the land, save so far as they are expressly varied or excepted by such Special Law.
2. Where under the provisions of a Special Law the power to  acquire land by compulsory purchase includes the power to –

1. acquire a servitude or other right over land by the creation of a new servitude or right; or
2. extinguish or modify a servitude or other right over land,

references in this Law to the acquisition of land or of an interest in land shall be construed as including references to the exercise of any of the powers referred to in sub-paragraph (a) or (b).

Consular Conventions (Jersey) Law 1952

A LAW to confer upon the consular officers of foreign States with which consular conventions are concluded by His MajestyHer Majesty certain powers relating to the administration of the estates and property of deceased persons; to restrict the powers of officers of police and other persons to enter the consular offices of such States; to restrict the jurisdiction of the courts with respect to matters concerning certain ships or aircraft; and to confer upon consular officers certain powers in relation to wrecks and the property of deceased seamen

3  Civil jurisdiction concerning service on board ship or aircraft

Where provision has been made by Order in Council by Her Majesty by Order in Council made under sections 4 and 16(2) of the Consular Relations Act 1968 of the United Kingdom for excluding or limiting the jurisdiction of any court in the United Kingdom to entertain proceedings relating to the remuneration or any contract of service of the master or commander or a member of the crew of any ship or aircraft belonging to a State specified in the Order, except where a consular officer of that State has been notified of

the intention to invoke the jurisdiction of that court and has not objected within such time as may be specified by or under the Order, and the Order has been registered by the Royal Court, the Order shall apply to proceedings before the courts in Jersey in like manner as it applies to proceedings before courts in the United Kingdom.

5  Application of Article 1

Where an Order in Council has been made under section 6 by Her Majesty under section 6 of the Consular Conventions Act 1949 of the United Kingdom and has been registered by the Royal Court, then if the Order in Council directs that section 1 of the Act shall apply to a foreign State, Article 1 of this Law shall apply to that foreign State.

Consumer Protection (Unfair Practices) (Jersey) Law 2018

2  Application

1. This Law applies to any unfair commercial practice which takes place before, during or after a transaction in which one person deals as a consumer in relation to any product.
2. This Law applies without derogation from, and in addition to –
   1. the Consumer Safety (Jersey) Law 2006;
   2. the Distance Selling (Jersey) Law 2007; and
   3. the Supply of Goods and Services (Jersey) Law 2009.
3. This Law –

1. applies (subject to paragraph (4)) to a Minister of the States and any public administration; and
2. binds  the  Crown  (subject  to  paragraph (5)),  but does  not  apply  to  His MajestyHer Majesty in his private capacityher private capacity.

4. A contravention by a Minister or by a public administration of any provision of this Law shall not impose criminal liability on the Minister or public administration, but –

1. the Royal Court may, on the application of the Attorney General, declare unlawful any act or omission of a Minister or public administration that contravenes a provision of this Law; and
2. this  Law  applies  to  States'  employees  (as  defined  by  Article 2  of the Employment of States of Jersey Employees (Jersey) Law 2005) as it applies to other persons.