Law Revision Board: summary of decisions – October 2025

STATES OF JERSEY

LAW REVISION BOARD: SUMMARY OF DECISIONS – OCTOBER 2025

Presented to the States on 4th December 2025 by the Law Revision Board

STATES GREFFE

2025  R.172

Decisions made by the Law Revision Board

Introduction

The Law Revision Board met on 13 October 2025. This report records the decisions made by the Law Revision Board at that meeting.

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 14 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."

This report is laid before the States to satisfy the requirements of Article 15(9).

Record of the business of the Law Revision Board transacted on 13 October 2025

The Board agreed –

• to certify the revised law in item 2025/9, which replaces references to a person's "Christian name" with references to the person's "first name" in the Registration of Business Names (Jersey) Law 1956 (document appended)

• to certify the revised law in item 2025/10, which inserts Article headings into the Aerodromes (Administration) (Jersey) Law 1952 (document appended)

• to certify the revised law in item 2025/11, which removes redundant provisions from several enactments (document appended)

• to certify the revised law in item 2025/12, which corrects a historical error in the Customs and Excise (Import and Export Control) Jersey Order 2006 (document appended)

• to remove "(Jersey)" from the titles of Jersey legislation by, at a future meeting, certifying a revision that removes "(Jersey)" from the titles of Jersey legislation (paper considered by the Board appended)

APPENDICES

Law Revision Board item 2025/9: updating use of the term "Christian name"

Overview

This document asks the Law Revision Board to certify a draft revision as revised legislation. If certified by the Board, the revision will take effect on the date that the record of the Board's decision is laid before the States.

Part 1 (page 1) 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 (page 2) lists the changes made in the draft revision. Part 3 (pages 3 to 6) contains the draft revision.

Part 1: Background

The issue

As part of an exercise to standardise how legislation refers to the different parts of people's names, the Legislative Drafting Office recently agreed that, going forward, the office practice will be to refer to a person's "first name", "last name" and "previous name". In doing background research for this exercise, we identified that the Registration of Business Names (Jersey) Law 1956 uses "Christian name" for what we would now call a person's "first name".

The proposed solution

We propose to replace all references to a person's "Christian name" in the Registration of Business Names (Jersey) Law 1956 with references to the person's "first name".

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 powers in Schedule 1, clause (l): "to alter any words to secure uniformity of expression in any legislation" and (q): "to do all other things that appear to the Board to be necessary to render revised legislation consistent with current drafting practice".

Part 3: Draft revision giving effect to proposed solutions

Registration of Business Names (Jersey) Law 1956 1  Interpretation

1. In this Law, unless the context otherwise requires –

"business" includes profession;

"business name" means the name or style under which any business is carried on, whether in partnership or otherwise;

"Christian name" includes any forename;

"Commission"  means  the  Jersey  Financial  Services  Commission  established  by  the Financial Services Commission (Jersey) Law 1998;

"Court" means the Inferior Number of the Royal Court;

"firm" means an unincorporate body of 2 or more individuals, or one or more individuals and one or more bodies corporate, or 2 or more bodies corporate, who have entered into partnership with one another with a view to carrying on business for profit, but shall not include a limited partnership or a limited liability partnership or any unincorporated company which was in existence on the 17th day of August 1861;

"foreign firm" means any firm, individual or body corporate whose principal place of business is situate outside His Majesty's dominions;

"individual" means a natural person and does not include a body corporate;

"initials" includes any recognized abbreviation of a first name Christian name;

"limited liability company" means a limited liability company registered under the Limited Liability Companies (Jersey) Law 2018, and includes a series created within that limited liability company under Article 12 of that Law;

"limited liability partnership" means a limited liability partnership registered in accordance with the Limited Liability Partnerships (Jersey) Law 2017;

"limited partnership" means an incorporated limited partnership established in accordance with the Incorporated Limited Partnerships (Jersey) Law 2011, a limited partnership established in accordance with the Limited Partnerships (Jersey) Law 1994 or a separate limited partnership established in accordance with the Separate Limited Partnerships (Jersey) Law 2011.

"Minister" means the Minister for External Relations;

"prescribed form" means in a form specified by the Commission in a notice published by the Commission;

"published" means –

1. in respect of a fee payable by virtue of this Law, published by the Commission in accordance with Article 15(5) of the Financial Services Commission (Jersey) Law 1998; and
2. in any other case, published by the Commission in a manner likely to bring it to the attention of those affected;

"registrar" means the registrar of business names appointed pursuant to Article 2 and the "registrar's seal" in relation to the registrar means a seal prepared under that Article.

2. In the case of a peer or person usually known by a British title different from his or her surname, the title by which the peer or person is known shall be substituted in this Law for his or her surname.

3. References in this Law to a former first name Christian name or surname shall not include a former first name Christian name or surname where that name or surname was changed or disused before the person bearing the name attained the age of 18 years or has been changed or disused for a period of not less than 20 years.
4. References in this Law to a change of name shall not include, in the case of a peer or a person usually known by a British title different from his or her surname, the adoption of or succession to the title.

2  Registrar and other officers

1. The registrar of companies appointed pursuant to Article 196 of the Companies (Jersey) Law 1991 shall be the registrar of business names.
2. The Commission may direct a seal or seals to be prepared for the authentication of documents required for or in connection with the registration of business names.
3. Any functions of the registrar under this Law may, to the extent authorized by the registrar, be exercised by any officer on the staff of the Commission.

3  Firms and persons to be registered

Subject to the provisions of this Law –

1. every firm having a place of business in Jersey and carrying on business under a business name which does not consist of the true surnames of all partners who are individuals and the corporate names of all partners who are bodies corporate without any addition other than the true first names Christian names of individual partners or initials of such first names Christian names;
2. every individual having a place of business in Jersey and carrying on business under a business name which does not consist of his or her true surname without any addition other than his or her true first names Christian names or the initials thereof;
3. every individual or firm having a place of business in Jersey who, or a member of which, has either before or after the commencement of this Law changed his or her name, except in the case of a woman in consequence of marriage;
4. every body corporate carrying on business under a business name which does not consist of its corporate name without any addition;
5. every limited partnership carrying on business under a business name which does not consist of the name under which it is established without any addition;
6. every limited liability partnership carrying on business under a business name which does not consist of the name under which it is registered without any addition;
7. every limited liability company carrying on business under a business name which does not consist of the name under which it is registered without any addition,

shall be registered in the manner provided by this Law:

Provided that –

1. where the addition merely indicates that business is carried on in succession to a former owner of the business, that addition shall not itself render registration necessary,
2. where 2 or more individual partners have the same surname, the addition of an "s" at the end of that surname shall not of itself render registration necessary,
3. where the business is carried on by a person for the time being administering the property of another person by reason of the bankruptcy of that other person, registration shall not be necessary, and

4. a purchase or acquisition of property by 2 or more persons jointly shall not of itself be deemed to be carrying on a business whether or not the owners share any profits arising from the sale thereof.

5  Manner and particulars of registration

1. Every firm or person required under this Law to be registered shall furnish to the registrar a statement in writing in the prescribed form containing the following particulars –

1. the business name;
2. the general nature of the business;
3. the principal place at which the business is carried on;
4. where the registration to be effected is that of a firm, the present first name Christian name  and  surname,  any  former  first  name  Christian  name  or  surname,  the nationality, the usual residence and the other business occupation (if any) of each of the individuals who are partners, and the corporate name and registered or principal office of every body corporate which is a partner;
5. where the registration to be effected is that of an individual, the present first name Christian name and surname, any former first name Christian name or surname, the nationality, the usual residence and the other business occupation (if any) of such individual;
6. where the registration to be effected is that of a body corporate, its corporate name and registered or principal office;
7. if the business is commenced after the coming into force of this Law, the date of the commencement of the business.

2. Where a business is carried on under 2 or more business names, each of those business names must be stated.

21  Publication of true names, etc.

1. Every individual  and  firm  required  by  this  Law to  be  registered  shall, in  all  trade catalogues, trade circulars and business communications, on or in which the business name appears and which are issued or sent by the individual or firm to any person in any part of His Majesty's dominions, have mentioned in legible characters –

1. in the case of an individual, the individual's present first names Christian names or the initials thereof and present surname, any former first name Christian name or surname and the individual's nationality if not British; and
2. in the case of a firm, the present first names Christian names, or the initials thereof, and present surnames, any former first names Christian names and surnames, and the nationality if not British of all the partners in the firm or, in the case of a body corporate being a partner, the corporate name.

2. If any individual or firm fails to comply with the provisions of this Article, the individual or, as the case may be, every member of the firm shall be liable for each offence to a fine of level 2 on the standard scale:

Provided that no proceedings shall be instituted under this Article except by or with the consent of the Attorney General.

SCHEDULE

(Article 4)

Law Revision Board item 2025/10: headings to Articles in the Aerodromes (Administration) (Jersey) Law 1952

Overview

This document asks the Law Revision Board to certify a draft revision as revised legislation. If certified by the Board, the revision will take effect on the date that the record of the Board's decision is laid before the States.

Part 1 (page 1) 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 (page 2) lists the changes made in the draft revision. Part 3 (pages 2 to 4) contains the draft revision.

Part 1: Background

The issue

All but 2 of the Articles in the Aerodromes (Administration) (Jersey) Law 1952 currently have no headings. Headings to Articles provide the reader with a roadmap, making the Law easier to navigate and understand.

The proposed solution

We propose to insert headings to the Articles in the Aerodromes (Administration) (Jersey) Law 1952 that do not currently have headings.

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 power in Schedule 1, clause (e): "to add a heading to a provision of any legislation that does not have one and alter any heading to a provision or part of any legislation".

Part 3: Draft revision giving effect to proposed solutions Aerodromes (Administration) (Jersey) Law 1952

1  Interpretation

In this Law –

"aerodrome" means an aerodrome (as defined in Article 1(1) of the Civil Aviation (Jersey) Law 2008) that is maintained by the States of Jersey and is operated by the Airport Director under an aerodrome licence (as defined in Article 1(1) of that Law);

"airport authority" means the authority appointed under Article 2(1);

"Airport Director" means the person who is, under Article 2, the Airport Director;

"Harbour Master" has the meaning it has in the  Harbours (Administration) (Jersey) Law 1961 and includes a person acting under that Law as the Harbour Master;

"Minister" means the Minister for Sustainable Economic Development; "seadrome" means an area of water that is an aerodrome.

1A  Relationship with Civil Aviation (Jersey) Law 2008

This Law applies subject to the provisions of the Civil Aviation (Jersey) Law 2008.

2  Airport Director

1. The Minister shall appoint an airport authority and the authority shall have responsibility for every aerodrome in Jersey.

2. The airport authority shall appoint as Airport Director a person approved by the Minister, and the person so appointed shall be employed by the airport authority.
3. The airport authority is responsible to the Minister for the policing, administration and management of Jersey Airport and of each other aerodrome maintained by the States of Jersey.
4. The airport authority may appoint one or more of its employees to act as the Airport Director during any time when the Airport Director is not on duty, is absent from Jersey or is suspended from the office of Airport Director or there is a vacancy in the office of Airport Director.
5. A person appointed under paragraph (4) has, while acting as the Airport Director, the powers and functions of the Airport Director under this or any other enactment.
6. The Airport Director shall, on or as soon as practicable after becoming Airport Director, take oath before the Royal Court to well and faithfully discharge his or her duties as Airport Director.
7. A person appointed under paragraph (4) to act as the Airport Director shall, on or as soon as practicable after being so appointed, take oath before the Royal Court to well and faithfully discharge the duties of the Airport Director while acting as the Airport Director.

3  Airport Director's powers

1. The Airport Director shall, within the territorial limits of every aerodrome, have the same powers of detention and arrest and of enforcing the maintenance of public order as are possessed by a Centenier.
2. The prosecution of any person arrested by the Airport Director under the powers conferred upon the Airport Director by this Article shall be undertaken by a Centenier having jurisdiction in the matter.

4  Regulations

1. Subject to the provisions of any legislation for the time being in force relating to air navigation, the States may make Regulations for the policing, control and administration of aerodromes.
2. Without prejudice to the generality of paragraph (1), Regulations made under this Article may –

1. require the payment of fees or charges in respect of any matters arising under or provided for or authorized by this Law or by such Regulations; and
2. provide that any person who contravenes or fails to comply with any provision of the Regulations, or any direction or order given or issued thereunder, shall be guilty of an offence and liable, for each such offence, to such penalty as the Regulations may prescribe.

3. Regulations made under this Article may –

1. make different provision in relation to different cases or circumstances; and
2. contain such transitional, consequential, incidental or supplementary provisions as appear to the States to be necessary or expedient for the purposes of the Regulations.

4. Without prejudice to the generality of paragraphs (1) to (3), the States may by Regulations make particular provision, in connection with –

1. the exercise of the powers conferred by Article 3(1); and
2. the persons entitled to exercise those powers,

as to the matters further specified in paragraph (5).

5. The matters mentioned in paragraph (4) are –

1. training;
2. complaints, discipline, and penalties for misconduct; and
3. collaboration and co-ordination with police officers.

5  Fines for offences under Regulations

1. Where a person is charged with any offence under Regulations made under Article 4 and accepts the decision of a Centenier having jurisdiction in the matter, that Centenier may inflict and levy summarily a fine of level 1 on the standard scale.
2. Where any fine is levied by a Centenier in pursuance of the powers conferred on the Centenier by this Article, the Centenier shall give a receipt for the same.

6  Application of fines

1. Save as provided by paragraph (2), all fines imposed for offences under Regulations made under Article 4 shall be awarded for the benefit of the annual income of the States.
2. Where a fine is imposed pursuant to Article 5(1), one half of that fine shall be awarded for the benefit of the parish in which the offence was committed and the other half shall be awarded for the benefit of the annual income of the States and applied towards the cost of regulating the parking and circulating of vehicles within the territorial limits of any aerodrome.

7  Powers may be exercised by harbour authority or Harbour Master

The Minister may direct that in relation to any seadrome, any powers conferred or duties imposed under or by virtue of this Law –

1. upon the airport authority, may be exercised by the relevant harbour authority; and
2. upon the Airport Director, may be exercised by the Harbour Master,

and if the Minister does so the provisions of this Law and of Regulations made under it shall have effect accordingly.

8  Citation

This Law may be cited as the Aerodromes (Administration) (Jersey) Law 1952.

Law Revision Board item 2025/11: deleting redundant provisions

Overview

This document asks the Law Revision Board to certify a draft revision as revised legislation. If certified by the Board, the revision will take effect on the date that the record of the Board's decision is laid before the States.

Part 1 (page 1) 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 (page 2 to 3) lists the changes made in the draft revision. Part 3 (pages 3 to 7) contains the draft revision.

Part 1: Background

The issue

We have identified 4 legislative instruments containing redundant provisions.

Article 1 of the Medicines (Registration of Pharmacies) (Jersey) Order 1997 restates the effect of Article 10 of the Interpretation (Jersey) Law 1954 (which provides that definitions in enactments also apply to secondary legislation made under that enactment).

The Medicines (Standard Provisions for Licences and Certificates) (Jersey) Order 1997 also contains a provision restating the effect of Article 10 of the Interpretation (Jersey) Law 1954, as well as 4 definitions that are either not used at all in the Order, or not used in the sense defined.

The other legislative instruments contain redundant provisions as a result of missed consequential amendments. The Non-Profit Organisations (Amendment of Law) (Jersey) Regulations 2022 deleted Article 2(2) of the Non-Profit Organizations (Jersey) Law 2008 ("NPO Law"), which established the concept of a "regulated NPO". There is no longer such a concept in legislation.

However, the NPO Law still contains a definition of "regulated NPO" and refers to the concept in one other provision. The Financial Services Commission (Jersey) Law 1998 also refers to "regulated NPOs".

The proposed solution

We propose to delete the redundant provisions.

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 power in Schedule 1, clause (k): "to delete any obsolete or redundant words or provisions".

Part 3: Draft revision giving effect to proposed solutions

CONTENTS

Financial Services Commission (Jersey) Law 1998  3 Medicines (Registration of Pharmacies) (Jersey) Order 1997  4 Medicines (Standard Provisions for Licences and Certificates) (Jersey) Order 1997  5 Non-Profit Organizations (Jersey) Law 2008  6

Financial Services Commission (Jersey) Law 1998

8  General powers of the Commission

1. The Commission has the power to do anything –

1. that is calculated to facilitate; or
2. that is incidental or conducive to,

the performance of any of its functions.

2. That power includes the power, as part of the Commission's routine examination of a supervised entity –

1. to require the entity to supply information in a format and at times specified by the Commission;
2. to require the entity to provide answers to questions; and
3. to require the entity to allow officers or agents of the Commission to enter the entity's premises.

3. Without prejudice to the generality of paragraph (1) the Commission may, in connection with the carrying out of its functions –

1. seek and exchange information relating to the supervision and development of financial services in Jersey and the supervision and development of similar services carried on outside Jersey;
2. consult and seek the advice of such persons or bodies whether inside or outside Jersey as it considers appropriate;
3. publish, in such manner as it considers appropriate, such information relating to its functions as it thinks fit; and
4. provide advice, assistance or services to any person with a view to securing the efficient and effective provision of financial services in or from within Jersey.

4. In paragraph (2) "supervised entity" means –

1. a person granted –

1. a permit under Article 7 of the Collective Investment Funds (Jersey) Law 1988 to hold himself or herself out as being a functionary of a collective investment fund, or
2. a certificate under Article 8B of that Law in relation to an unclassified fund;

2. a person registered under Article 9 of the Banking Business (Jersey) Law 1991 to carry on a deposit-taking business;
3. a person authorized by a permit granted under Article 7 of the Insurance Business (Jersey) Law 1996 to carry on insurance business;
4. a person registered under Article 9 of the Financial Services (Jersey) Law 1998 to carry on financial service business;
5. a person granted a certificate under Regulation 9 of the Alternative Investment Funds (Jersey) Regulations 2012.

5. The Commission may require registered persons who provide services to regulated NPOs in the course of trust company business, to provide information in respect of those regulated NPOs to the Commission.
6. In paragraph (5) –

"registered person" and "trust company business" have the same meanings as in the Financial Services (Jersey) Law 1998;

"regulated NPO" has the same meaning as in the Non-Profit Organizations (Jersey) Law 2008.

Medicines (Registration of Pharmacies) (Jersey) Order 1997

1  Interpretation

Without prejudice to Article 10 of the Interpretation (Jersey) Law 1954, every provision in the Medicines (Jersey) Law 1995 (in this Order referred to as the "Law") that relates in any other way to its interpretation shall also apply in the same way to this Order, unless the context otherwise requires.

2  Applications for registration of pharmacies

1. An application for the registration of premises under Article 74 of the Medicines (Jersey) Law 1995 Law shall be made in writing to the Minister in the form set out in Schedule 1 to this Order.
2. The fee payable in respect of the registration of the premises shall be £200.
3. Registration shall be suspended until the fee is paid.

3

4  Citation

This Order may be cited as the Medicines (Registration of Pharmacies) (Jersey) Order 1997.

Medicines (Standard Provisions for Licences and Certificates) (Jersey) Order 1997

1  Interpretation

1. In this Order, unless the context otherwise requires –

"advertisement" has the same meaning as it has in Article 87 of the Law;

"allergen product" means a product that is intended to identify or induce a specific acquired alteration in the immunological response to an allergenising agent;

"blood product" –

1. means a medicinal product for human use that is prepared industrially and is derived from human blood or human plasma; and
2. also means albumin, coagulating factors and immunoglobulins of human origin, but does not mean whole human blood, human plasma or blood cells of human origin;

"clinical trial certificate of right" means a certificate to which an applicant is entitled if the applicant fulfils the requirements of Article 38(4) of the Law;

"Council Directive" means Council Directive 81/851/EEC;

"expiry date", in relation to a medicinal product, means the date after which the medicinal product should not be used;

"good manufacturing practice" means that aspect of the assurance of quality that ensures that medicinal products are consistently produced and controlled to the standards of quality that are appropriate to their intended use, the principles and guidelines of which are specified in Chapter II of Commission Directive 91/356/EEC;

"imported proprietary product" means a proprietary medicinal product that is imported from a place other than a member State and other than Guernsey;

"Law" means the Medicines (Jersey) Law 1995;

"member State" means a member State of the European Communities;

"parenteral  administration"  means  administration  by  breach  of  the  skin  or  mucous membrane;

"product to which Chapters II to V of the 1965 Directive apply" means a medicinal product to which Chapters II to V of Council Directive 65/65/EEC apply, in accordance with Article 2 of Council Directive 65/65/EEC as amended, Article 34 of Council Directive 75/319/EEC, Article 1 of Council Directive 89/342/EEC, Article 1 of Council Directive 89/343/EEC, Article 1 of Council Directive 89/381/EEC and Article 9(1) of Council Directive 92/73/EEC;

"proprietary medicinal product" has the same meaning as it has in Article 8(7)(a) of the Law;

"relevant period", in relation to a medicinal product, means –

1. the period of 5 years from the date of certification, under paragraph 21(1)(b) of Schedule 3 to this Order, of the batch of which it forms part; or
2. the period of one year from the expiry date of the batch, whichever expires later;

"Second Council Directive" means Second Council Directive 75/319/EEC;

"serum" means a fluid fraction of coagulated blood;

"toxins" means substances that –

1. consist wholly or partly of poisonous substances derived from specific micro- organisms, plants or animals; and
2. are used in the diagnosis, prevention or treatment of disease;

"vaccines" means antigenic substances that consist wholly or partly of –

1. any micro-organisms, viruses or other organisms in any state;
2. any toxoids (that is to say, any toxins of microbial origin that have been detoxified); or
3. any extracts or derivatives of any micro-organisms or of any viruses,

being substances that, when administered to human beings or animals, are used for the prevention or treatment of specific diseases.

2. In this Order, unless the context otherwise requires, a reference to a Directive is to that Directive as it was in force immediately before the date on which this Order is made.
3. Without prejudice to Article 10 of the Interpretation (Jersey) Law 1954, every provision in the Medicines (Jersey) Law 1995 that relates in any other way to its interpretation shall also apply in the same way to this Order, unless the context otherwise requires.

Non-Profit Organizations (Jersey) Law 2008

3  General interpretations and application

(1)  In this Law, unless the context otherwise requires –

"Commission"  means  the  Jersey  Financial  Services  Commission  established  by  the Financial Services Commission (Jersey) Law 1998;

"registered" means registered under this Law;

"regulated NPO" means an NPO to which Article 2(2) applies;

"terrorism" shall be construed in accordance with Article 2 of the Terrorism Law;

11  Obligations of NPOs in relation to financial records and other information

1. An NPO must –
   1. keep financial records; and
   2. retain them for at least 5 years.
2. An NPO must make its financial records and any other information available to the Commission if required to do so to enable the Commission to carry out its obligations under this Law.
3. However, the Commission must not require it to do so unless it is necessary and reasonable for it to do so to enable it to assess the extent (if any) to which the NPO is assisting or being used to assist terrorism or the financing of terrorism or is likely to assist or be used to assist terrorism or the financing of terrorism.
4. The Minister may by Order, exempt an NPO or any class of NPOs from the obligations imposed on an NPO by paragraph (1).
5. The requirements mentioned in paragraph (1) also apply to regulated NPOs.

Law Revision Board item 2025/12: correcting a historical error in an Order

Overview

This document asks the Law Revision Board to certify a draft revision as revised legislation. If certified by the Board, the revision will take effect on the date that the record of the Board's decision is laid before the States.

Part 1 (page 1) 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 (page 2) lists the changes made in the draft revision. Part 3 (pages 2 to 3) contains the draft revision.

Part 1: Background

The issue

Schedule 2, paragraph 6(g), to the Customs and Excise (Import and Export Control) (Jersey) Order 2006 states that prohibition on importing firearms and ammunition without a licence to import does not apply to:

(g)  firearms and ammunition, including parts of firearms, where they are imported by a person who holds a firearms certificate issued under Article 3 of the 2000 Law and the importation has been approved by either the Minister;

The inclusion of "either" is an obvious error that has been in the Order since its enactment (so has not been introduced by later amendments).

The proposed solution

We propose deleting the word "either".

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 power in Schedule 1, clause (k): "to delete any obsolete or redundant words or provisions".

Part 3: Draft revision giving effect to proposed solutions

Customs and Excise (Import and Export Control) (Jersey) Order 2006 SCHEDULE 2

(Article 3)

GOODS FOR WHICH LICENCE TO IMPORT IS REQUIRED

Goods that shall not be imported except under the authority and in compliance with the terms and conditions of a licence.

5. Any of the following firearms and ammunition –

1. any lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged;
2. any accessory to such a weapon designed or adapted to diminish the noise or flash caused by firing the weapon;
3. any firearm (including a lethal barrelled weapon) which is so designed or adapted that 2 or more missiles can be successively discharged without repeated pressure on the trigger;
4. any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing or for inflicting electric shock;
5. any cartridge with a bullet designed to explode on or immediately before impact, any ammunition containing or designed or adapted to contain any such noxious thing as is mentioned in sub-paragraph (d) and, if capable of being used with a firearm of any description, any grenade, bomb (or other like missile), rocket or shell designed to explode on or immediately before impact;
6. any shot gun ammunition containing less than 5 pellets larger than .23 of an inch in diameter;
7. any smooth-bore revolver gun having a series of chambers that revolve when the gun is fired other than one which is chambered for 9mm. rim-fire cartridges or loaded at the muzzle end of each chamber;
8. any rocket launcher or mortar for projecting a stabilized missile, other than a mortar designed for line throwing or pyrotechnic purposes or as signalling apparatus;
9. any component part that is the breech closing mechanism, the trigger mechanism or the chamber and barrel of any lethal barrelled weapon or other weapon referred to in sub-paragraph (a), (c), (d), (g) or (h);

10. ammunition,  including  grenades,  bombs,  and  other  like  missiles,  and  any ammunition containing or designed or adapted to contain any noxious liquid, gas or other things.

6. Paragraph 5 shall not apply to the following –

1. an  air rifle, air gun or air pistol including a  rifle, gun or pistol powered  by compressed carbon dioxide for use under water;
2. an  air rifle, air gun or air pistol including a  rifle, gun or pistol powered  by compressed carbon dioxide with a muzzle energy of less than one foot-pound;
3. cartridges containing 5 or more shot, none of which exceeds .23 of an inch in diameter;
4. ammunition for an air rifle, air gun or air pistol including a rifle, gun or pistol powered by compressed carbon dioxide;
5. blank cartridges not exceeding one inch in diameter measured immediately in front of the rim or cannelure of the base of the cartridge;
6. any antique firearm which is acquired as a curiosity or ornament;
7. firearms and ammunition, including parts of firearms, where they are imported by a person who holds a firearms certificate issued under Article 3 of the 2000 Law and the importation has been approved by the Minister approved by either the Minister;
8. firearms and ammunition including parts of firearms where they are imported by a person who holds a permit issued under Article 50 of the 2000 Law or a person who is registered as a firearm dealer under Article 20 of the 2000 Law;
9. firearms and ammunition, including parts of firearms where they are imported by –

1. a person who is in the service of the Crown,
2. a police officer, or
3. an officer,

who has purchased or acquired the firearms or ammunition for the use of the public service in accordance with Article 13 of the 2000 Law and has obtained the written authorization of the Minister to the purchase or acquisition.

The use of "(Jersey)" in legislation titles

Discussion paper for Law Revision Board

Introduction

1. This paper has been prepared in response the Law Revision Board's request, at its meeting on 28 April 2025, that a discussion paper be prepared on the potential removal of "(Jersey)" from legislation titles.
2. This paper sets out the case for the removal of "(Jersey)" from legislation titles, with comparisons drawn to other jurisdictions. It then sets out the next steps that could be taken if the Board wished to remove "(Jersey)" from existing legislation titles.

Current practice

3. The title of Jersey legislation typically states the subject of the legislation, followed by "(Jersey)", then the type of legislation (Law/Regulations/Order), then the year in which it was made. Examples of current legislation that uses the typical title format include:

• Access to Justice (Jersey) Law 2019

• Children (Secure Accommodation) (Jersey) Order 2005

• Employment (Minimum Wage) (Jersey) Regulations 2004.

4. This title format has remained largely unchanged since Jersey legislation began being drafted in English.[1] The reason for the inclusion of "(Jersey)" in legislation titles would initially have been to ensure that it is immediately clear to the reader that they are looking at Jersey legislation, and not legislation from another jurisdiction with a similar title.

5. An exception to the typical title format is made if the subject of the legislation already contains the word "Jersey", because it is felt that it is already sufficiently clear from the title that it is Jersey legislation. Examples include:

• States of Jersey Law 2005

• States of Jersey Police Force Law 2012.

Identifying Jersey legislation

6. When Jersey legislation was first drafted and published in English, users of legislation would have been accessing the legislation in printed form. It is likely that the inclusion of "(Jersey)" in the title of the legislation provided an easy means of distinguishing a Jersey law from statutes on the same subject in other jurisdictions – for example, differentiating the Income Tax (Jersey) Law 1961 from the UK Income Tax Act 1952.

7. Today, most users of Jersey legislation will be accessing it online through the Jersey Law website. The website name and header ("Jersey Legal Information Board: promoting access to justice in Jersey"), along with the Jersey crest at the top of each law, clearly indicate the jurisdiction. Printed versions similarly display the crest prominently. These features make the inclusion of "(Jersey)" largely redundant.
8. When citing legislation in scholarly or professional writing, it is standard practice to state the legislation title and, if necessary, to provide the jurisdiction in brackets after the title. The inclusion of "(Jersey)" in legislation titles means that it is usually not necessary to provide the jurisdiction after the title when citing Jersey legislation. However, the standard citation practice makes the inclusion of "(Jersey)" in legislation titles unnecessary.

Practice in other jurisdictions

United Kingdom and the devolved legislatures

9. Legislation passed by Westminster does not contain a territorial identifier in its title unless the legislation applies to only part of the United Kingdom. This is most often the case when it is made for one of the devolved legislatures. In those cases, the identifier also indicates that the law is not the primary legislation of that jurisdiction, but rather legislation imposed upon it or extended to it by another sovereign body.
10. Similarly, legislation passed by the Scott ish or Welsh Parliaments contains a territorial identifier. Because the UK Parliament and devolved legislatures can legislate in parallel on similar topics, a territorial identifier in the title helps distinguish statutes on the same subject – for instance, the Children Act 1989 (UK Parliament) and the Children (Scotland) Act 1995 ( Scott ish Parliament).
11. We note that when Westminster extends its legislation to Jersey, it does so by way of Orders in Council that usually contain a territorial identifier (see, for example, the Sea Fish (Conservation ) (Channel Islands) Order 1981, the Immigration (Jersey) Order 2021 and the Transfer of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man) Order 1998). The territorial identifier in this situation serves the same purpose as when the UK is legislating for the devolved legislatures – it indicates that the legislation is being extended to Jersey by another body.

Guernsey and Isle of Man

12. Isle of Man legislation does not contain a territorial identifier in its title and has not done so for several decades.

13. Guernsey legislation does not contain a territorial identifier in its title unless the legislation applies to only part of the Bailiwick. Examples include the Conveyancing (Sark) Law 2002 and the Partnership (Alderney) Law 2021.

Australia

14. Australia has 9 legislatures – the Commonwealth, 6 states and 2 territories. The statute book of each legislature contains legislation with similar titles to that of the other legislatures. But none of the legislatures use territorial identifiers in the titles of their legislation, preferring instead to rely on citation practices. Australia is a useful example of a jurisdiction that has chosen to favour clarity in legislation titles, even with overlapping subject areas across different legislatures.

Jersey's place in relation to the other jurisdictions

15. Jersey, like the Isle of Man and Guernsey, is a Crown Dependency. Jersey's States Assembly is not, unlike the Parliaments of Scotland and Wales, a legislature devolved from a sovereign parliament. The States Assembly exercises autonomous law-making authority as a Crown Dependency, recognised by constitutional convention.
16. Unlike Scotland and Wales, Jersey's States Assembly is not constitutionally subordinate to Westminster. Jersey has a single legislature with a unitary statute book. There is no risk of confusion with another domestic "Children Law" or "Education Law" produced by a competing legislature.
17. There is also no need to include territorial indicators to indicate a restriction on where the legislation applies. Jersey does not make legislation that extends to other jurisdictions. Jersey legislation always applies to the whole of Jersey, unlike the position in Guernsey where some legislation applies only to parts of the Bailiwick.
18. By continuing to use "(Jersey)" in legislation titles, the Island potentially signals (incorrectly) that its legislature is in a similar constitutional position to the devolved UK regions. A more appropriate parallel is with Guernsey and the Isle of Man.
19. Removing the territorial indicator in legislation made by the States Assembly would also serve as an easy way to identify extended UK legislation, as there the territorial indicator serves a purpose.

Other Jersey instruments

20. We note that Court Rules do not usually contain a territorial indicator in their titles. See, for example, the Royal Court Rules 2004 (and all of the predecessors to these rules from 1968 onwards) and the Petty Debts Court Rules 2018 (and its predecessor, the Petty Debts Court Rules 2004, although earlier versions contained "(Jersey)"). Some current Court Rules originally had "(Jersey)" in the title, but this was removed as part of the law

revision in 2004, following on from a decision of the Law Revision Board on 12 June 2002. Examples of this approach include the Court of Appeal (Civil) Rules 1964 and the Adoption Rules 1962. An outlier is the Criminal Procedure (Jersey) Rules 2021 – the drafter of these appears to have included "(Jersey)" in the title in error.

21. The absence of the territorial indicator in Court Rules lends support to the view that the territorial indicator is not necessary in Jersey legislation. Many jurisdictions (including the UK) have a Court of Appeal, but the decision has been made that it is not necessary for the rules for the Jersey Court of Appeal to contain "(Jersey)" in their title in order to distinguish from other Courts of Appeal.

Legislative drafting principles

22. Modern drafting emphasises clarity, brevity, and accessibility. The Legislation (Jersey) Law 2021 enshrines principles of good lawmaking, aiming to improve accessibility and coherence of the statute book. Continuing the use of "(Jersey)" is inconsistent with these aims. The practice makes legislation titles unnecessarily long.
23. The Legislative Drafting Office has also modernised its approach in other respects – for example, adopting plain English, avoiding archaic expressions and rationalising definitions. Removing "(Jersey)" would be a logical extension of this trajectory along the modernisation path.

Next steps

24. While current drafting practice is the responsibility of the Principal Legislative Drafter, the Law Revision Board has the power, under sub-paragraph (a) of Schedule 1 to the Legislation (Jersey) Law 2021, to amend the short title of any legislation. This means that the Law Revision Board has the power to remove "(Jersey)" from existing legislation titles, while the Principal Legislative Drafter has the power to ensure that future legislation does not contain "(Jersey)" in its title.
25. If the Board wishes to remove "(Jersey)" from legislation titles, we can prepare a draft revision for its review. We note that this will be a large endeavour – as well as the titles, we will need to amend all references within legislation to titles of other legislation. Therefore, it is unlikely that the draft revision will be ready in time for the Board's next scheduled meeting in April 2026. We think that we will need approximately 12 months from when the Board makes a decision to prepare the revision.
26. The Board is not required to consult any other party before making a decision on this matter, but may do so if it wishes.

[1]1 The earliest examples in the "as enacted" collection on www.jerseylaw.je are the Westaway Trust (Jersey) Law 1930 and the Import Duties (Jersey) Law 1932.