Agricultural
Marketing (Jersey) Law 1953[1]
A LAW to provide for the control of the marketing
of agricultural produce by control of production and by other means, to empower
the States to approve schemes for this purpose and to provide for other matters
incidental thereto[2]
Commencement [see endnotes]
1 Interpretation
(1) In this Law, unless the
context otherwise requires –
“agricultural marketing scheme” and “scheme”
mean a scheme for regulating the marketing or the marketing and production of
agricultural produce under this Law;
“agricultural produce” means crops or horticultural
produce, livestock, or the produce of any kind of animal husbandry, including
the carcases, hides, wool or fur of animals, bacon, cheese, butter or other
dairy produce, and includes any article wholly or partly manufactured or
derived from such produce;
“board” means a board administering a scheme under this Law
and, in relation to any scheme, the board administering that scheme;
“contravention” includes non-compliance and the
expression “contravene” shall be construed accordingly;
“initial poll” has the meaning assigned thereto by
Article 5(1);
“livestock” means cattle, horses, pigs, sheep and
poultry;
“Minister” means the Minister for Sustainable Economic
Development;
“prescribed” means, in relation to any scheme,
prescribed by the scheme;
“producer” means, in relation to a scheme, any person
who produces the regulated produce;
“registered producer” means, in relation to a scheme, a
producer registered under the scheme;
“regulated produce” means, in relation to a scheme, any
produce the marketing or the marketing and production of which is regulated by
the scheme;
“substitutional scheme” means a scheme which revokes one
or more existing schemes and is such that at the time when it comes into force –
(a) every
person is entitled to be registered as a producer thereunder who was entitled
to be registered as a producer under the existing scheme or one or more of the
existing schemes; or
(b) no person
is entitled to be registered as a producer thereunder who was not entitled to
be registered as a producer under the existing scheme or any of the existing
schemes;
“suspensory period” means, in relation to a scheme, a
period beginning on the date when the scheme is approved and ending at the
expiration of such period (not being less than one month or more than 2 months)
commencing on the date of the declaration of the result of the initial poll, as
may be provided by the scheme.[3]
(2) A declaration contained
in an Act of the States approving a scheme that the scheme is a substitutional
scheme shall be conclusive evidence of that fact.
(3) For the purposes of a
scheme regulating the marketing of livestock of any kind, every person whose
business it is to keep livestock of that kind for the purpose of breeding from
it or selling it in an improved condition shall, except in so far as the scheme
otherwise provides, be deemed to produce such livestock.
2 Submission
and approval of agricultural marketing schemes
(1) A scheme for regulating
the marketing or the marketing and production of any agricultural produce may
be submitted to the Minister by any persons (hereafter referred to as the
“promoters”) who satisfy the Minister that they are substantially
representative of the producers of that produce:
Provided that, in relation to a substitutional scheme, the
provisions of Article 6 shall apply.[4]
(2) The Minister, before
taking into consideration any scheme so submitted, shall publish a notice of
the submission of the scheme, of the place and the price at which copies thereof
may be purchased, of the place at which copies thereof may be inspected, and of
the time (not being less than 3 weeks) within which objections and
representations in relation to the scheme may be made.
(3) Every objection or
representation in relation to a scheme shall be made to the Minister in writing
and shall state the grounds on which it is based and specify any recommended
modifications.
(4) The Minister, for the
purpose of deciding upon any scheme so submitted, may obtain the advice and
assistance of competent persons, and there shall be paid to any such persons
such reasonable remuneration as the Minister may determine.
(5) The Minister, after
consideration of any scheme so submitted and of any objections and
representations duly made in relation thereto and after holding such enquiries
(if any) as the Minister thinks fit, may make such modifications to the scheme
as he or she considers proper:
Provided that, before making any such modifications, the Minister
shall give notice thereof to the promoters and, unless within such delay (not
being less than 2 weeks) as may be specified in the notice, the promoters
signify to the Minister, in writing, their assent to such modifications, the
Minister shall take no further action under this Article.
(6) If the Minister, after
making any such modifications as aforesaid, is satisfied that the scheme
submitted will conduce to the more efficient production and marketing of the
regulated produce, the Minister shall submit the scheme to the States, and the
States may, by Act, approve or reject the scheme and, if approved by the
States, the scheme shall come into force on the date prescribed by the Act.
(7) Where the States have
approved a scheme as aforesaid, the approval of the States shall be conclusive
evidence that the requirements of this Law have been complied with and that the
scheme contains all the provisions required by this Law.
3 Board
(1) Every scheme shall
provide for the constitution of a board to administer the scheme, the
composition of which shall be such as may be prescribed, so, however, that
provision shall be made to secure that –
(a) the
total number of members of the board shall be no fewer than 8 and no more than 20;
(b) of
the members not less than 2 and not more than 5 shall be persons (not being
producers of the regulated produce) appointed by the Minister as being persons
who are, in the opinion of the Minister, qualified for appointment as having
had experience and shown capacity in commerce, finance, administration, public
affairs or the organization of workers, or as being specially conversant with
the interests of consumers of the regulated produce;
(c) subject
to the provisions of the scheme as to the filling of casual vacancies on the board,
the remaining members shall –
(i) during such
period, not being longer than 12 months from the day on which the scheme comes
into force, as may be specified in the scheme, be persons named in the scheme,
(ii) after
the expiration of the said period, be persons elected in accordance with the
scheme either by registered producers or by a body or bodies elected by such
producers in accordance with the scheme;
(d) the
quorum of the board shall be no less than half of its total membership.[5]
(2) Notwithstanding
anything contained in this Article, provision may be made in a scheme for the board
to act notwithstanding any vacancy in the membership thereof.
(3) In this Article, the
expression “consumers of the regulated produce” means persons who
purchase the produce, or commodities produced wholly or partly therefrom, for
their own consumption or use, and not persons who purchase the produce, or such
commodities as aforesaid, for the purpose of any trade or industry carried out
by them.
(4) Every board so
constituted shall be a body corporate and shall have the right to use a special
seal to authenticate its acts, contracts, agreements or other instruments; to
receive, acquire, hold and possess all personal and real property of whatsoever
nature or kind; to receive, hold and possess all such gifts, bequests or
devises of personal or real property as may to it be made; to let, sell,
transfer, hypothecate or otherwise deal with or dispose of any such property;
to appear in law before all courts and tribunals and to exercise all such
powers as may be conferred upon it by the scheme.
(5) Every scheme shall
require the board to appoint, from among its members, an executive committee
consisting of 4 or 5 persons (as the scheme provides), at least one of whom
shall be one of the persons appointed by the Minister, shall provide for the
delegation to the said executive committee of all the functions of the board
under the scheme, except such functions, if any, as may be prescribed, and
shall provide that the quorum of the said executive committee shall be 3.[6]
(6) No member of the board
shall be personally responsible for any loss or liability which may be incurred
by the board or by any member of the board or other person acting on behalf of
the board.
(7) A board shall have
power to accept from any other person any grant to be applied for any of the
purposes for which the board is empowered to expend money.
(8) A board –
(a) shall
have power to negotiate with any other person in respect of any matter concerning
the marketing of the regulated produce, or of any agricultural produce from
which the regulated produce is wholly or partly manufactured or derived, or of
any commodity wholly or partly manufactured or derived from the regulated
produce, and to agree with the other parties to the negotiations to bring into
consultation in connection therewith such persons as may be agreed between the
parties or, in default of agreement, nominated by the Minister;
(b) may
pay the whole or any part of the remuneration and expenses of any person whose
function it is to advise the board in connection with the exercise of its
powers under the scheme, or who is brought into consultation in connection with
the negotiations entered into by the board in pursuance of sub-paragraph (a).
4 Registration
of producers
(1) As soon as may be after
the approval of a scheme, other than a substitutional scheme, the Minister
shall, by Order, make provision for the registration of producers, and such Order
shall prescribe the conditions in which producers may be exempted from
registration.
(2) Registration under a
scheme of the name or style under which 2 or more persons carry on business in
partnership as producers shall operate as the registration of all the partners
for the time being, so, however, that for the purposes of those provisions of
this Law and of the scheme which relate to elections, polls and voting at
meetings, and to the assessment of contributions on registered producers, all
the partners shall be regarded as constituting together a single registered
producer.
(3) As soon as may be after
an Order under paragraph (1) has been made, the Minister shall publish a
form of application for registration as a producer under the scheme, together
with a notice stating –
(a) the nature
of the regulated produce;
(b) the
classes or descriptions of producers which are exempted from registration and
the procedure, if any, to be adopted to secure exemption;
(c) that
a poll of registered producers, other than producers exempted from registration,
is to be taken in pursuance of this Law on the question whether the scheme
shall remain in force;
(d) that
no person shall be entitled to vote on the poll aforesaid unless he or she is
registered within the delay specified in the notice, but that no person so
registered will, if it is decided as a result of the poll that the scheme shall
not remain in force, incur any financial liability by reason of his or her
registration;
(e) that,
if it is decided as a result of the poll taken as aforesaid that the scheme
shall remain in force, every producer who is not registered or exempted from
registration will be prohibited from selling the regulated produce;
(f) the
place and the price at which copies of the scheme may be purchased;
(g) such
other particulars as the Minister may consider necessary.
(4) As soon as practicable
after any scheme, other than a substitutional scheme, comes into force, the
Minister shall send by post to every person whom the Minister has reason to
believe is a producer, being a person who is not registered as a producer, a
notice addressed to the person at his or her last known address, stating the
particulars required to be stated in the notice published in pursuance of
paragraph (3), together with a form of application for registration.
(5) Notwithstanding
anything contained in the Agricultural Returns (Jersey)
Law 1947, any returns made under that Law may be used for the purpose of
sending to producers the notice and form of application for registration
required to be sent in pursuance of paragraph (4) of this Article.
(6) The Minister shall, as
soon as practicable after the registration has been completed, furnish to the board
a list of registered producers and shall, from time to time, inform the board
of any changes in the registration.
(7) Every register of
producers shall be open for inspection at such times as may be determined by
the Minister, and the Minister shall furnish a copy of the register or any part
thereof to any person demanding it on payment of such fee as may be so
determined.
5 Polls
and meetings
(1) In respect of every
scheme, other than a substitutional scheme, the Minister shall, by Order,
provide that there shall be taken, within such time as may be specified in the
Order, a poll of registered producers (in this Law referred to as the “initial
poll”) on the question whether the scheme shall remain in force.
(2) If the initial poll
shows that there have voted in favour of the scheme remaining in force –
(a) not
less than 2/3 of the total number of registered producers voting on the poll;
and
(b) registered
producers who are capable of producing not less than 2/3 of the quantity of the
regulated produce which all the registered producers voting on the poll are
capable of producing,
the provisions of the scheme, the operation of which is suspended
under the provisions of this Law until the expiration of the suspensory period,
shall come into force at the expiration of that period.[7]
(3) Where the requisite
number of votes in favour of the scheme remaining in force have not been
polled, the scheme shall cease to have effect at the date on which the result
of the poll is declared and the provisions of Article 7(7) shall apply as
if the scheme had been revoked.
(4) For the purposes of
this Article, a person who is registered as a producer notwithstanding that he
or she has been exempted from registration under the provisions of the scheme
shall not be deemed to be a registered producer.
(5) The Minister shall, by
Order, provide for the manner in which polls shall be taken by or on behalf of
the Minister for the purposes of this Law and in particular, but without
prejudice to the generality of the foregoing provisions, such an Order –
(a) shall
prescribe the proportion of registered producers voting on a question which
shall be necessary to determine the question;
(b) may
prescribe the manner in which the quantity of the regulated produce which any
registered producer is capable of producing is to be determined for the
purposes of the poll;
(c) may
prescribe the information relating to the regulated produce which is to be
furnished if the vote of the producer is to be accepted;
(d) shall
prescribe the manner in which the result of the poll is to be declared and
announced.
(6) Every scheme shall
provide for the convening by the board of meetings of registered producers for
the discussion of questions which the board considers should be discussed and
shall also provide for the manner in which such meetings shall be convened and
conducted and a vote taken thereat.
(7) In the case of a scheme
regulating the marketing or the marketing and production of 2 or more separate
kinds or descriptions of produce, this Article shall apply subject to the
following modifications, that is to say –
(a) references
to a poll on the question whether the scheme shall remain in force shall be
construed as references to a poll in respect of each kind or description of
produce on the question whether the scheme shall remain in force so far as it
applies to produce of that kind or description;
(b) the
provisions of paragraphs (2) and (3) shall apply, in relation to each
poll, as if the provisions of the scheme, so far as they apply to the produce
in respect of which the poll is taken, were a separate scheme.[8]
(8) The question whether
any kind or description of produce is to be treated as a separate kind or
description of produce for the purposes of paragraph (7) shall be
determined by the provisions of the scheme.
6 Amendment
of schemes and substitutional schemes
(1) A board may make
application to the Minister for the amendment of a scheme administered by the board
or may submit for approval a substitutional scheme where –
(a) the
amendment or the substitutional scheme has previously been published in the
prescribed manner to all registered producers; and
(b) in
the case where a poll is demanded within the prescribed time from the
publication as aforesaid of the amendment or the substitutional scheme by the
prescribed number or the prescribed proportion, as the case may be, of the
registered producers, on the question whether the amendment or the
substitutional scheme shall be submitted to the Minister, if the result of the
poll on that question shows that the requisite majority of registered producers
has voted in favour of the submission of the amendment or of the substitutional
scheme.
(2) Where an application
for the amendment of a scheme or the submission of a substitutional scheme is
made in pursuance of paragraph (1) of this Article, the provisions of
Article 2(2) to (7) inclusive shall apply in relation to the amendment or
the substitutional scheme as they apply in relation to a scheme, subject to the
following modifications, that is to say –
(a) the
proviso to Article 2(5) shall have effect as if for the word
“promoters”, in both places where that word occurs, there were
substituted the word “board”;
(b) Article 2(6)
shall have effect as if for the words “is satisfied that the scheme
submitted will conduce to the more efficient production and marketing of the
regulated produce” there were substituted the words “is satisfied
that the amendment will conduce to the more efficient operation of the scheme
or that the substitutional scheme will conduce to the more efficient production
and marketing of the regulated produce”.
(3) In the case of the
submission of a substitutional scheme, the foregoing provisions of this Article
shall apply in relation to each scheme proposed to be revoked by the
substitutional scheme and to each board administering each such scheme.
(4) For the purposes of the
foregoing provisions of this Article, “requisite majority” means –
(a) not
less than 2/3 of the total number of registered producers voting on the poll;
and
(b) registered
producers who are capable of producing not less than 2/3 of the quantity of the
regulated produce which all the registered producers voting on the poll are
capable of producing.[9]
(5) Without prejudice to
any other powers conferred upon the Minister by this Law, he or she, if of
opinion that any provision of a scheme or any act or omission of a board is
contrary to the interests of consumers of the regulated produce, or is contrary
to the interests of a substantial number of persons affected by the scheme and
is not in the public interest, may recommend to the States that the scheme be
amended in such manner as may be specified in the recommendation, and the
States may, by Act, so amend the scheme and such amendment shall take effect on
the date prescribed by the Act:
Provided that the Minister, before making any recommendation to the
States as aforesaid, shall give notice in writing to the board of the action
which the Minister proposes to take and shall take into consideration any
representations which the board may make within such delay (not being less than
2 weeks) as may be specified in the notice.
7 Revocation
of schemes
(1) Where a demand for a
poll on the question whether a scheme shall be revoked is made to the Minister
in the prescribed manner by the prescribed number or the prescribed proportion,
as the case may be, of registered producers, the Minister shall forthwith cause
a poll of the registered producers to be taken on the question:
Provided that the Minister may refuse to take a poll under this paragraph –
(a) in
the case of a scheme, other than a substitutional scheme, within 2 years from
the date of the declaration of the result of the initial poll; and
(b) in
the case of any scheme, within the prescribed period from the date of the
declaration of the result of any previous poll taken under this paragraph.
(2) As soon as practicable
after the declaration of a poll taken under paragraph (1), the Minister
shall communicate the result thereof to the board, and if such result shows
that there have voted in favour of the revocation of the scheme –
(a) more
than half the total number of the registered producers; and
(b) registered
producers who are capable of producing more than half the quantity of the
regulated produce which all the registered producers are capable of producing,
the Minister shall, as soon as may be, recommend to the States that
the scheme be revoked, and the States may, by Act, revoke the scheme and the
revocation shall take effect on the date prescribed by the Act.
(3) A scheme may be revoked
by a subsequent scheme, and, where a scheme is so revoked, the subsequent
scheme may provide for the transfer to the new board of the whole or any part of
the property, rights and liabilities of the existing board, for the
continuation by or against the new board of any legal proceedings pending by or
against the existing board, and for the dissolution, without winding-up, of the
existing board.
(4) In paragraph (3),
“new board” means the board administering the subsequent scheme,
and “existing board” means the board administering the scheme
revoked.
(5) Without prejudice to
any other powers conferred upon the Minister by this Law, he or she, if of
opinion that any provision of a scheme or any act or omission of a board is
contrary to the interests of consumers of the regulated produce, or is contrary
to the interest of a substantial number of persons affected by the scheme and
is not in the public interest, may recommend to the States that the scheme be
revoked, and the States may, by Act, revoke the scheme and such revocation
shall take effect on the date prescribed by the Act:
Provided that the Minister, before taking any action under this paragraph,
shall give notice in writing to the board of the action which the Minister
proposes to take and shall take into consideration any representations which
the board may make within such delay (not being less than 2 weeks) as may
be specified in the notice.
(6) Where an Order is made
for the winding-up of a board, the Minister shall recommend to the States that
the scheme be revoked, and the States may, by Act, revoke the scheme and such
revocation shall take effect on the date prescribed by the Act.
(7) The board administering
a scheme shall not be deemed to be dissolved by reason only that the scheme has
been revoked and, except in a case where the board is dissolved without
winding-up under paragraph (3), so much of the scheme as relates to the
winding-up of the board shall continue in force notwithstanding the revocation
of the scheme.
8 Miscellaneous
provisions to be incorporated in schemes
(1) Every scheme shall
provide for the following matters, that is to say –
(a) for
requiring that no sale of the regulated produce shall be made by any producer
who is not either a registered producer or a producer exempted from
registration;
(b) for
exempting from all or any of the provisions of the scheme producers and sales
of such classes or descriptions as may be prescribed or as may be determined by
the board;
(c) subject
to paragraph (2), for requiring the board to impose on, and recover from,
any registered producer who contravenes any provision of the scheme made in
pursuance of Article 11, such monetary penalties as may be specified in
the scheme;[10]
(d) for
securing that any producer who is aggrieved by any act or omission of the board
may refer the matter to one or more arbitrators appointed in such manner as may
be prescribed and for the manner in which such reference is to be heard and
determined:
Provided that where the act or omission relates to a provision
contained in the scheme in pursuance of sub-paragraph (c), the scheme
shall provide for the reference to be to the Inferior Number of the Royal
Court;
(e) for the
establishment of a fund (hereinafter referred to as the “fund”) to
be administered and controlled by the board and into which shall be paid all
moneys received by the board, and out of which shall be paid all moneys
required by the board, for the purposes of the scheme;
(f) for
the payment by registered producers of contributions to the fund of such
amounts as may be necessary for the purposes of the scheme and for the
assessment of the contributions of producers in such manner and subject to such
limitations as may be prescribed;
(g) for
the distribution to registered producers, in such manner as may be prescribed,
of all moneys standing to the credit of the fund which are not required for the
purposes of the scheme;
(h) for
empowering the board to borrow money for the purpose of exercising its
functions under the scheme;
(i) for
the accounts to be kept by the board and for the audit of such accounts;
(j) for
the furnishing by the board to the Minister and to registered producers, of
accounts, returns and other information, including an annual report, an annual
balance sheet and either an annual profit and loss account or, in the case of a
board which does not trade for profit, an annual income and expenditure
account;
(k) for
the furnishing by the board of a copy of the balance sheet to any person
demanding it on payment of such fee as may be prescribed;
(l) for
the manner in which the moneys of the board may be invested;
(m) for a
statement of the manner in which any such moneys as aforesaid are invested to
be included in the annual report made in pursuance of sub-paragraph (j);
(n) for
the removal from the register of producers of the name of any person who has
ceased to be a producer or who is exempted from registration;
(o) for
the removal by the Minister from the register of producers of the name of any
registered producer who has been convicted, on 2 or more occasions, of a
contravention of the provisions of a scheme;
(p) for
permitting the representation of a registered producer or a deceased registered
producer by any person to whom the property in, or control of, the regulated
produce produced by him or her, or which would have been produced by him or her
had he or she been living, has been transferred by reason of his or her
becoming subject to some legal disability or having entered into an arrangement
with his or her creditors or by reason of his or her death or otherwise;
(q) for
notification to the Minister of the address of the office of the board at which
communications and notices shall at all reasonable times be received, and of
any change in that address:
Provided that, except in the case of a substitutional scheme, the
operation of the provisions of a scheme made in pursuance of sub-paragraphs (a),
(f) and (g) shall be suspended until the expiration of the suspensory period.[11]
(2) Where a scheme provides
for the board to impose a monetary penalty –
(a) the
penalty shall not be imposed in respect of a contravention of the scheme that
constitutes an offence under any enactment other than this Law;
(b) the
penalty shall not be imposed without the registered producer being given such
opportunity to be heard as the scheme shall provide; and
(c) the penalty specified
in the scheme shall not exceed £1,000 for each offence or, where the
offence consists of continuing any such contravention, £1,000 together
with a further £400 for each day on which it is so continued.[12]
9 Payment
of compensation to registered producers
(1) Provision shall be made
by a scheme for compensation to be payable, under and in accordance with the
scheme, by the board to registered producers in such class of cases as may be
prescribed, and provision may be so made for empowering the board, in such class
of cases as may be prescribed, to pay compensation to registered producers in
respect of any loss which, in the opinion of the board, has been occasioned to
such producers by the operation of any scheme, whether administered by that board
or not.
(2) That operation of the
provisions of a scheme made in pursuance of this Article shall, except in the
case of a substitutional scheme, be suspended until the expiration of the
suspensory period.
10 Provisions
as to winding-up of boards
(1) Every scheme shall provide
for the manner in which the board is to be wound up.
(2) Where, at the
winding-up of a board, the assets of the board are more than sufficient to
discharge the debts and liabilities of the board, including the costs of the
winding-up, the surplus shall be distributed in such manner as may be
prescribed.
(3) Where, at the
winding-up of a board, the assets of the board are insufficient to discharge
the debts and liabilities of the board, including the costs of the winding-up,
then, every person who, at any time during the relevant period, was a
registered producer shall be liable to contribute to the deficit an amount
assessed in such manner and subject to such limitations as may be prescribed,
but, save as aforesaid, no person shall be liable to contribute to the assets
of the board in the winding-up by reason only of his or her being or having
been a registered producer or a member of the board.
(4) In paragraph (3),
“relevant period” means –
(a) in a
case where, before the commencement of the winding-up, the scheme has been
revoked, the year immediately preceding the revocation of the scheme;
(b) in
any other case, the year immediately preceding the commencement of the
winding-up.
11 Provisions
which may be incorporated in schemes
(1) A scheme may provide
for all or any of the following matters, that is to say –
(a) for
empowering the board to buy the regulated produce, to produce such commodities
from that produce as may be prescribed, and to sell, grade, pack, store, adapt
for sale, insure, advertise and transport the regulated produce and any
commodity so produced;
(b) for
requiring registered producers from time to time to limit the area of land
which they may use for the production of regulated produce;
(c) for
requiring registered producers to sell the regulated produce, or any kind or
description thereof as may from time to time be determined by the board, only
to or through the agency of the board or to or through the agency of such
persons as may be authorized by the board for that purpose;
(d) for
empowering the board to manufacture or acquire, and to sell or let for hire to
registered producers and other persons, or to buy anything required for the
production, grading, packing, storing, adaptation for sale, transport or sale
of the regulated produce;
(e) for
empowering the board to render to registered producers and other persons, on
payment or otherwise, any service which is calculated to promote the more
efficient production, grading, packing, storing, adaptation for sale, transport
or sale of the regulated produce;
(f) for
empowering the board to buy from the board administering another scheme under
this Law any produce the marketing of which is regulated by that scheme;
(g) for
empowering the board to manufacture or derive from anything bought under any
provision contained in the scheme by virtue of sub-paragraph (f), any
commodity which the board is authorized to manufacture or derive from the
regulated produce;
(h) for
empowering the board to sell, grade, pack, store, adapt for sale, insure,
advertise and transport anything bought, manufactured or derived by virtue of sub-paragraph (f)
or (g);
(i) for
empowering the board to exercise as agents for the board administering another
scheme under this Law, any power of that board to deal, in any manner specified
in sub-paragraph (h), with any produce the marketing of which is regulated
by that scheme;
(j) for
empowering the board to co-operate with any other person in doing anything
which the board is or may be empowered to do by virtue of sub-paragraph (a),
(b), (d), (e), (f), (g), (h) or (i);
(k) for
empowering the board to do anything calculated to procure, promote or
facilitate the doing by any other person of anything in the doing of which the board
is or might be empowered to co-operate by virtue of sub-paragraph (j);
(l) for
the determination from time to time of –
(i) the kinds or
descriptions of the regulated produce, and the quantity of the regulated
produce or any kind or description thereof, which may be sold by registered
producers,
(ii) the
price at, below or above which, the terms on which, including the terms of any
contracts or agreements for the sale of the regulated produce which may be
entered into by registered producers, and the persons to or through the agency
of whom the regulated produce, or any kind or description or any quantity thereof,
may be sold as aforesaid:
Provided that the scheme shall either specify the method of
determination or require the board to prescribe it and, without prejudice to
the generality of the foregoing, the method of determination may be such as to
secure that the quantity, if any, which any particular registered producer may
sell is determined wholly or partly by reference to the quantity of that produce
or of that kind or description, as the case may be, which was, in some past
period, produced, sold or otherwise dealt with on particular land or premises
or by particular persons;
(m) for
securing that, for all or any of the purposes of the scheme and of this Law,
the sale of any produce wholly or partly manufactured or derived from the
regulated produce shall be deemed to be a sale of the regulated produce if the
substance of the transaction between the seller and the buyer is that the
seller, being in possession of the regulated produce, agrees to subject it or
cause it to be subjected to some process and to sell the resulting product to
the buyer, and where, in the case of any such scheme as aforesaid, the
regulated produce is livestock of any kind, then, without prejudice to the
foregoing provisions of this sub-paragraph, the scheme may provide for securing
that, for all or any of the purposes aforesaid, a person shall be deemed to
sell the regulated produce if he or she sells the carcases of any livestock
produced by him or her;
(n) for
regulating the manner in which the regulated produce, or any kind or
description or any quantity thereof, is to be graded by or on behalf of
registered producers, or the manner in which the regulated produce or any kind
or description or any quantity thereof, is to be marked, packed, stored,
adapted for sale, insured, advertised or transported by or on behalf of the
registered producers;
(o) for
empowering the board to receive the whole or any part of any sums payable by purchasers
of the regulated produce in respect of the sale of that produce by registered
producers;
(p) for
securing that any sums received by virtue of sub-paragraph (o) are
distributed by the board to the sellers in such manner as may be prescribed or
as may be determined by the board;
(q) for
empowering the board to authorize in writing any person, for the purpose of
securing compliance with the scheme, to enter upon and inspect, at all
reasonable times and upon production of his or her authority, any part of the
land or premises occupied by any registered producer (being a producer
specified in the authority) which the person so authorized reasonably believes
to be used for producing the regulated produce or for doing any of the
following things regulated by the scheme, that is to say, grading, marking,
packing or storing the regulated produce or adapting it for sale;
(r) for
requiring registered producers to furnish to the board such estimates, returns,
accounts and other information relating to the regulated produce as the board
may specify in the requirement;
(s) for
enabling the board to encourage, promote or conduct schemes for agricultural
co-operation, education or research;
(t) for
empowering the board to take such measures as it may consider necessary to
encourage or promote consumption of the regulated produce;
(u) for
empowering the board to grant licences to any persons to carry out on its
behalf any of the duties which may be entrusted to it by virtue of the
provisions of sub-paragraphs (a), (b), (d), (f), (g) and (h):
Provided that a provision included in a scheme by virtue of sub-paragraph (d)
or (e) shall be so framed as to secure that the things sold or let for hire,
and the services rendered, are sold, let for hire or rendered, either exclusively
or primarily, in such circumstances as to be likely to be utilised, either
wholly or mainly, by, or in connection with, the regulated produce produced by
registered producers and sub-paragraphs (j) and (k) shall be construed
accordingly.[13]
(2) Every scheme may
further provide for such matters incidental to or consequential on the
provisions of this Law relating to a scheme or necessary for giving effect to
those provisions.
(3) Every scheme may
provide for empowering the board to lend to any registered producer, upon such
security and upon such terms as to interest or otherwise as the board may
determine, a portion of the amount which the board estimates that such
registered producer will receive from the sale of any quantity of the regulated
produce produced or in the course of production by him or her.
(4) Every scheme may
provide for empowering the board, subject to such limitations as may be
prescribed –
(a) to
lend or grant money to any other board; and
(b) to
guarantee payment by any other board of any sums which that board may be liable
to pay on account of principal or interest in respect of any loan made to it,
and, in that event, may further provide for securing that any loan,
grant or guarantee not specifically authorized by the scheme shall not be made
or given by the board except in pursuance of a resolution of the board
specifying all material particulars relating to the proposed transaction, being
a resolution which has been previously notified to and approved by the
registered producers in accordance with such requirements in that behalf as may
be prescribed.
(5) Every scheme may
provide for empowering a board, in any case where a loan or grant is proposed
to be made to it, to agree with the person proposing to make the loan or grant,
as the case may be, and in the case of a loan, with any person proposing to
guarantee the repayment thereof, that if the loan or grant is duly made or the
guarantee duly given, the board will apply the money so obtained by it subject
to such conditions (including conditions as to the persons on whose advice the board
is to act in applying the said money) as may be specified in the agreement.
(6) Where a scheme provides
for empowering a board to make such agreement as is specified in paragraph (5),
the scheme –
(a) shall
impose upon the board the duty of carrying into effect any such agreement
entered into by the board; and
(b) may
provide that where such an agreement contains conditions requiring the board to
act on the advice of any specified persons, the provisions of the scheme made
in pursuance of Article 8(d) shall not apply in relation to anything done,
or omitted to be done, by the board in pursuance of the agreement.
(7) The operation of all
the provisions of a scheme made in pursuance of this Article shall, except in
the case of a substitutional scheme, be suspended until the expiration of the
suspensory period.
12 Effect
of schemes on contracts or agreements
(1) Subject as hereinafter
provided, a contract or agreement of which neither the making nor the
performance was, at the time when the contract or agreement was made,
prohibited by or under any scheme, shall not, unless the terms of the contract
or agreement otherwise provide, be void or unenforceable by reason that, at the
time for the performance of any provision of the contract or agreement, the
performance thereof is so prohibited:
Provided that, where the performance of any such contract or
agreement is prohibited by or under any scheme, this paragraph shall cease to
apply to that contract or agreement upon the expiration of 3 months after the
prohibition first takes effect, unless the contract or agreement is registered
under this Article.
(2) It shall be the duty of
the board, on the application of any party to such contract or agreement as
aforesaid, to register the contract or agreement within the period of 14 days
after the application, unless –
(a) the
application is made after the time at which it is provided by the proviso to
paragraph (1) that that paragraph shall cease to apply to the contract or
agreement; or
(b) the board
is of the opinion that the contract or agreement was made with a view to
evading the operation of the scheme,
and if any party to the contract or agreement is aggrieved by the
omission of a board to register the contract or agreement within the period
aforesaid, he or she may, within 21 days after the expiration of that period,
appeal to the Inferior Number of the Royal Court, either in or out of term,
and, pending the determination of any such appeal, paragraph (1) shall,
notwithstanding anything in the proviso thereto, continue to apply to the
contract or agreement.
(3) On any appeal under
this Article, the board concerned and any party to the contract or agreement
may appear and be heard, and if, on the hearing of such appeal, the Court finds –
(a) that
the application for registration of the contract or agreement was made before
the time at which it is provided by the proviso to paragraph (1), that
that paragraph shall cease to apply to the contract or agreement; and
(b) that
the contract or agreement was not made with a view to evading the operation of
the scheme,
the Court shall by Order direct the registration of the contract or
agreement, and thereupon the contract or agreement shall be deemed to have been
registered as from the date of the Order, but where the Court does not direct
the registration of the contract or agreement, any party thereto certified by the
Court to have entered into the contract or agreement in good faith and without
a view to the evasion of the operation of the scheme may recover the amount of
any damage suffered by him or her by reason of the avoidance of the contract or
agreement from any party certified by the Court to have entered into the
contract or agreement with a view to such evasion as aforesaid.
(4) Where, in conformity
with a scheme, any contract or agreement for the sale of the regulated produce
by a registered producer otherwise than to, or through the agency of, the board
purports to confer on the board any right to receive from the purchaser the
whole or any part of the purchase price payable under the contract or
agreement, or of any damages for which the purchaser may be liable in respect
of a wrongful rejection of articles tendered in accordance with the contract or
agreement, the board may enforce that right against the purchaser,
notwithstanding that the board is not a party to the contract or agreement and
notwithstanding that, as between the board and the purchaser, there is no
consideration.
(5) Where any scheme
provides –
(a) for
requiring registered producers to sell the regulated produce or any kind or
description thereof only to, or through the agency of, the board; or
(b) for
the determination of the quantity of the regulated produce or of any kind or
description thereof which may be sold by a registered producer,
then, notwithstanding anything in this Article contained, every
contract or agreement, whether made before or after the coming into force of
this Law, whereby a registered producer undertakes to sell, otherwise than to,
or through the agency of, the board, a quantity of any agricultural produce
determined by reference to the total quantity thereof from time to time
produced by the registered producer shall, if and in so far as the performance
of the contract or agreement is prohibited by or under the scheme, be void and
unenforceable:
Provided that nothing in this paragraph shall affect any cause of
action which has arisen before the coming into force of this Law.
(6) No person shall be
liable to any penalty in respect of a contravention of any scheme, if he or she
proves that the contravention was necessary for the performance of a contract
or agreement which, by reason of the foregoing provisions of this Article, was
not, at the time of the contravention, void or unenforceable.
13 Commissions
of enquiry
(1) The Minister may, and
when so required by the States, shall appoint a commission of enquiry to report
on the operation of a scheme in relation to –
(a) the
effect of the scheme for the time being in force on consumers of the regulated
produce;
(b) any
complaints made to the Minister as to the effect of the scheme on consumers of
the regulated produce; or
(c) any
complaints made to the Minister as to the effect of the scheme on the persons
affected thereby.
(2) The Minister shall
determine the terms of reference of any commission of enquiry appointed under
this Article and may prescribe rules governing the procedure of the commission.
(3) The Chairman of a
commission of enquiry shall have power to administer oaths to parties and
witnesses appearing before the commission.[14]
(4) Subject to the approval
of the Minister, a commission of enquiry under this Article may appoint a
secretary and such other officers as it may consider necessary to enable it to
carry out the duties entrusted to it by the Minister and there shall be paid to
the persons so appointed such remuneration as the Minister may determine.
(5) A commission of enquiry
may, in the performance of its duties under this Article, obtain the advice and
assistance of competent persons and there shall be paid to such persons such
remuneration as the Minister may determine.
(6) For the purposes of
enabling any commission of enquiry appointed under this Article to consider any
matter which it is required by its terms of reference to consider, the board
shall furnish the commission with such accounts and other information relating
to the affairs of the board as the commission may require.
(7) The board may make
representations to a commission of enquiry in relation to the matters under
consideration, in such manner as the Minister may determine.
(8) The report of a
commission of enquiry shall be submitted to the Minister in writing and, where
the commission has been appointed on the requirement of the States, the
Minister shall, as soon as may be, lay the report before the States.
(9) Where, in the opinion
of the Minister, the report of a commission of enquiry shows that a
rectification of the scheme is necessary for any of the reasons mentioned in
Article 7(5) and where it is within the power of the board to effect such
rectification, the Minister may direct the board to take such steps to rectify
the matter as may be specified in the direction and, thereupon, it shall be the
duty of the board forthwith to comply with the direction:
Provided that the Minister, before taking any action under this paragraph,
shall give notice to the board of the action which it is proposed to take and
shall take into consideration any representations which the board may make
within such delay (not being less than 2 weeks) as may be specified in the
notice.
(10) In considering, for the
purposes of this Article, whether any person is a consumer of the regulated
produce, or whether the provisions of a scheme or any act or omission of the board
is contrary to the interests of consumers of the regulated produce, regard
shall be had to the interests of persons who purchase the produce, or
commodities wholly or partly manufactured or derived therefrom, for their own
consumption or use, and not to the interests of persons who purchase the
produce, or such commodities as aforesaid, for the purpose of any trade or
industry carried on by them.
14 Directions
to boards
(1) This Article shall have
effect in relation to any powers exercisable by the board administering a
scheme by virtue of any provisions of the scheme providing for any of the
following matters, that is to say –
(a) for
empowering the board to buy the regulated produce, to produce commodities from
that produce and to sell the regulated produce and any commodity so produced by
the board;
(b) for
the determination from time to time –
(i) of the quantity
of the regulated produce, or of any description thereof, which may be sold by
any registered producer,
(ii) of
the descriptions of the regulated produce which may be sold by any registered
producer,
(iii) of
the price at, below or above which, the terms on which, and the persons to
whom, the regulated produce, or any description or quantity thereof, may be
sold by any registered producer,
(iv) of
the quantity of the regulated produce produced by any registered producer,
and references in the following provisions of this Article to acts
or omissions of the board shall be construed as references to acts or omissions
of the board in the exercise of any of the said powers.[15]
(2) Subject to the
provisions of this Article, if it appears to the Minister that the result, or
one of the results, of any act or omission of the board, or intended act or
omission of the board, is or will be any one of the following –
(a) to
restrict the purposes for which the regulated produce, or any description thereof,
is used, or to limit the quantity of the regulated produce, or of any
description thereof, which is used for any particular purpose;
(b) to
limit the quantity of the regulated produce, or of any description thereof, or
of any commodity produced therefrom, which is produced or sold, whether by registered
producers or by other persons;
(c) to
regulate the price at which the regulated produce, or any description or
quantity thereof, or any commodity produced therefrom, is sold, whether by
registered producers or by other persons;
(d) to
limit the classes of persons to whom, or through the agency of whom, the
regulated produce, or any description or quantity thereof, or any commodity
produced therefrom is sold, whether by registered producers or by other
persons;
(e) to
limit the area of land used for the production of the regulated produce,
and that that result is or will be contrary to the public interest,
the Minister may give to the board such directions as to its acts or omissions
as the Minister considers necessary or expedient for the purpose of preventing
that result, or preventing or mitigating the damage to the public interest
entailed thereby, as the case may be, and it shall be the duty of the board to
comply with the directions:
Provided that nothing in this paragraph shall be construed as authorizing
or requiring the board to do anything which it has no power to do under the
scheme.[16]
(3) Before giving any
directions under paragraph (2), the Minister shall give to the board
notice in writing stating the general nature of the action which the Minister
proposes to take and of his or her reasons for taking it, and the Minister
shall not give any directions under that paragraph for at least 28 days from
the date of the notice and if, within the said period of 28 days, or such
longer period as the Minister may allow, the board requests that the question
whether or not any such act or omission or intended act or omission of the board
as is referred to in the notice has or will have any of the results specified
in paragraph (2)(a) to (e) and, if so, whether or not that result is or
will be contrary to the public interest, should be referred to a commission of
enquiry, the Minister shall refer that question to a commission of enquiry accordingly
and shall not give any directions under that paragraph until the Minister has
considered the report of the commission.[17]
(4) Where a question has
been referred to a commission of enquiry under paragraph (3), it shall be
the duty of the commission to consider that question and to report to the
Minister thereon, and the Minister, on receiving the report, shall forthwith
publish the conclusions of the commission in such manner as the Minister thinks
fit, shall consider the report and may then give such directions, if any, under
paragraph (2) as the Minister thinks fit:
Provided that the Minister shall not give any such directions except
after consulting the board and shall not in any event give such directions
unless either –
(a) the
commission reports that the relevant act or omission, or intended act or
omission, of the board has or will have any such result as is specified in
paragraph (2)(a) to (e) and that that result is or will be contrary to the
public interest; or
(b) the
relevant act or omission, or intended act or omission, of the board relates to
agricultural produce or to a commodity produced therefrom.[18]
(5) The Minister may, at
any time, after consultation with the board concerned –
(a) revoke
the whole or part of any directions in force under paragraph (2); or
(b) vary
or add to those directions in any manner which the Minister thinks necessary or
expedient in order better to attain the purposes for which those directions
were given:
Provided that, except with the consent of the board, the Minister
shall not vary or add to any directions under sub-paragraph (b) where, in
the Minister’s opinion, the need for the variation or addition arose from
circumstances not obtaining at the date when the directions were given.
(6) Any directions given
under any of the provisions of this Article shall state the general nature of
the reasons for which they are given.
(7) The provisions of
Article 13 shall apply, with the necessary modifications, to commissions
of enquiry appointed by the Minister under this Article.
15 Temporary
directions
(1) Where the Minister –
(a) serves
any such notice as is referred to in Article 14(3); or
(b) directs,
under Article 13, a commission of enquiry to consider any complaint made
to the Minister as to the operation of any scheme,
the Minister, if the Minister considers it necessary to take
immediate action for the purpose of preventing injury to the public interest
from any change made, or intended to be made, by the board in its course of
action in any matter which is relevant to the subject of the notice or, as the
case may be, of the complaint, may, at or after the time of the giving of the
notice or direction, give to the board such temporary directions as to its
course of action in that matter as the Minister may think necessary for that
purpose, and it shall be the duty of the board to comply with the directions:
Provided that nothing in this paragraph shall be construed as
authorizing or requiring the board to do anything which it has no power to do
under the scheme.
(2) Temporary directions
under this Article given by the Minister in connection with the serving of such
a notice as is referred to in Article 14(3) shall be limited so as to
expire on such date as may be specified in the directions, being a date not
later than 4 months from the date of the giving thereof:
Provided that if there is any such reference to a commission of
enquiry as is provided for by Article 14 and, on the date so specified in
the directions, not more than 3 months have elapsed since the publication by
the Minister of the conclusions of that commission of enquiry, then, subject to
the following provisions of this Article, the temporary directions shall not
expire until the termination of the said period of 3 months.
(3) Temporary directions
given under this Article in connection with a direction given by the Minister
to a commission of enquiry under Article 13 shall be limited so as to
expire not later than 28 days after the date on which the Minister gives to the
board such notice of the action which the Minister intends to take as is
required by the proviso to Article 13(9); and where temporary directions
are given under this Article, in connection with such a direction as aforesaid,
to a commission of enquiry, it shall be the duty of the Minister, not later
than 2 months after the publication by the Minister of the conclusions of the
commission, either to give such a notice or to revoke the temporary directions.
(4) The Minister may revoke
or vary any temporary directions given under this Article but not so as to
extend the operation thereof beyond the periods prescribed by paragraphs (2)
and (3).
(5) Temporary directions
under this Article shall state the general nature of the reasons for which they
are given.
16 Regulation
of exportation of home-produced agricultural produce
(1) Subject as hereinafter
provided, where the Minister is satisfied that it is necessary or expedient so
to do for the protection, encouragement or better regulation of the export
trade, the Minister may, by Order, provide for the control of the exportation
of any agricultural produce, so, however, that nothing in an Order under this Article
shall apply to any produce in so far as it is produced outside Jersey.
(2) Without prejudice to
the generality of the foregoing provisions of this Article, any Order
thereunder may include provisions –
(a) for
ensuring that the agricultural produce to which it relates is free of disease,
of good quality, properly graded and suitable for export;
(b) for
the inspection of such agricultural produce;
(c) prescribing
the prices at, below or above which such agricultural produce, or any kind or
description thereof, may be sold;
(d) determining
the kinds or descriptions of such agricultural produce which may be exported;
(e) for
diminishing the disadvantages which might result from a superfluity upon the
market of such agricultural produce; and
(f) for
ensuring the proper administration and enforcement of the Order.
(3) The Minister shall not
make an Order under this Article in relation to any agricultural produce in
respect of which there is in force a scheme under this Law until after
consultation with the board administering that scheme.
17 Regulation
of internal marketing of home-produced agricultural produce
(1) Subject as hereinafter
provided, where the Minister is satisfied that it is necessary or expedient so
to do for the efficient organization or development of any branch of the
agricultural industry of Jersey, or for securing the economic stability of any
branch of that industry, the Minister may, by Order, provide for the control of
the marketing of the agricultural produce, or of any commodity wholly or partly
manufactured or derived therefrom, specified in the Order, so, however, that
nothing in an Order under this Article shall apply to any produce in so far as
it is produced outside Jersey.
(2) Without prejudice to
the generality of paragraph (1), any Order under paragraph (1) may
include provisions –
(a) for
ensuring that the agricultural produce or the commodity to which it relates is
free of disease, of good quality, properly graded and fit for human
consumption;
(b) for
the inspection of such agricultural produce or commodity;
(c) prescribing
the prices at, below or above, which such agricultural produce or commodity, or
any kind or description thereof, may be sold;
(d) determining
the quantity of such agricultural produce or commodity, or of any kind or
description thereof, which may be bought or sold;
(e) determining
the kinds or descriptions of such agricultural produce or commodity which may
be bought or sold;
(f) for
ensuring the proper administration and enforcement of the Order.
(3) In deciding whether an
Order shall be made under this Article, and in determining the provisions of an
Order so to be made, the Minister shall have regard to the interests of
consumers of the agricultural produce, or of any commodity as aforesaid, to
which the Order is to relate and, for the purposes of this paragraph, consumers
shall be deemed to include persons who purchase such agricultural produce for
the purpose of subjecting it to any treatment or process of manufacture.
(4) The Minister shall not
make an Order under this Article in relation to any agricultural produce in
respect of which there is in force a scheme under this Law until after
consultation with the board administering that scheme.
18 Furnishing
of information
(1) The Minister may, for
the purpose of deciding whether any Order should be made under Article 16
or 17, or whether any such Order should be amended or revoked, by Order,
require the occupier of any premises used by way of trade for the storage of
that produce, or of any specified commodity wholly or partly manufactured or derived
therefrom, or of any specified kind or description of that produce or of such
commodity as aforesaid, to make to the Minister, so often, and in such form and
manner, as may be prescribed by the Order, a return showing the quantity of
that produce or commodity or of that kind or description thereof, as the case
may be, which was stored in the premises on any specified day or during any
specified period.
(2) An Order under this Article
may be made so as to apply either to all such premises as aforesaid or to any
specified class of such premises.
19 [19]
20 Publication
of notices[20]
A notice required to be published under this Law shall be published
in the Jersey Gazette.
21 Payment
of expenses[21]
22 Restrictions
on disclosing information
(1) No person shall
disclose any information obtained by him or her in virtue of powers conferred
upon him or her under this Law or under any scheme or Order made under the Law
to any person other than the authority by whom he or she was empowered to
obtain that information.
(2) No information in
relation to any undertaking, other than the undertaking of a board, shall,
without the consent in writing of the owner of the undertaking, be included in
any report laid before the States upon the operation of any scheme.
(3) Nothing in this Article
shall be deemed to prohibit the disclosure of any information in so far as it
is required to be disclosed for the purposes of legal proceedings (including
arbitrations) under this Law or any other scheme made under the Law, or for the
purpose of any report of such proceedings, or in so far as the disclosure is
required or authorized by this Law or any scheme made under the Law.
23 Offences
(1) If any person –
(a) sells
or offers to sell or invites an offer to buy any regulated produce in
contravention of the provisions of any scheme or of any Order made under this Law;
(b) acts
in contravention of the terms and conditions of a licence granted to him or her
under the provisions of any scheme or of any Order made under this Law;
(c) for any
of the purposes of this Law or of any scheme or Order made under the Law makes
any statement which he or she knows to be false in a material particular or
recklessly makes any statement which is false in a material particular;
(d) refuses
or neglects to furnish any return or information which under this Law or under
any scheme or Order made under the Law, is required to be furnished, within
such time and in such manner as may be so required, or knowingly furnishes any
return or information so required which is false in a material particular;
(e) fraudulently
alters or uses or permits to be fraudulently used any licence granted under the
provisions of any scheme or of any Order made under this Law;
(f) hinders
or obstructs any person in the exercise of his or her powers or duties under
this Law or under any scheme or Order made under the Law; or
(g) acts
in contravention of any of the provisions of this Law or an Order made under
this Law,
the person shall for each offence be liable to imprisonment for a
term not exceeding 6 months, or to a fine, or to both such imprisonment and
such fine.[22]
(2) Where any offence under
this Law committed by a body corporate is proved to have been committed with
the consent or approval of any director, manager, secretary or other officer of
that body corporate, he or she, as well as the body corporate, shall be deemed
to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly.
24 Treaties
etc. to prevail[23]
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 and
any foreign power or between the Government of 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.
25 Saving
of powers
Nothing in this Law shall be construed as derogating in any way from
the powers conferred by or under any other enactment.
26 Citation
This Law may be cited as the Agricultural Marketing (Jersey)
Law 1953.