Proceeds of Crime and
Terrorism (Miscellaneous Provisions) (Jersey) Law 2014
part 1
DRUG TRAFFICKING: REPEAL OF THE DRUG
TRAFFICKING OFFENCES (jERSEY) LAW 1988
1 Repeal
of Drug Trafficking Offences Law etc., and savings
(1) The following
enactments shall be repealed –
(a) Drug
Trafficking Offences (Jersey) Law 1988;
(b) Drug Trafficking Offences
(Exemption for Regulators) (Jersey) Regulations 1998;
(c) Drug Trafficking Offences
(Enforcement of Confiscation Orders) (Jersey) Regulations 2008.
(2) Nothing in paragraph (1)
shall affect –
(a) any
liability, investigation, legal proceeding or penalty for or in respect of any
offence under the Drug Trafficking Offences (Jersey) Law 1988 committed or
partly committed before the commencement of the provision in that paragraph; or
(b) any
protection against, or immunity from, prosecution for an offence conferred by
Articles 37, 38, 40 or 40A of that Law,
and for these purposes the provisions of that Law shall continue to
apply as though not repealed by this Law, except that a reference in that Law
to the Drug Trafficking Confiscations Fund shall be read as a reference to the
Criminal Offences Confiscation Fund established under Article 24 of the Proceeds of Crime (Jersey)
Law 1999.
(3) Notwithstanding
paragraph (1)(b) and (c), until Regulations are made under and for the
purposes of Article 34C or (as the case may be) Article 38 of the Proceeds of Crime (Jersey)
Law 1999, the Regulations mentioned in those sub-paragraphs and in force
immediately before the commencement date shall continue to have effect as
Regulations made under the aforementioned Articles of the Proceeds of Crime (Jersey)
Law 1999 (except to any extent to which they may be inconsistent with that
Law).
(4) Except as otherwise
provided by this Article, any act done before the commencement date by any
person under any provision of the Drug Trafficking Offences (Jersey)
Law 1988 (being an act that still had force or effect immediately before
the repeal of that provision by this Law) shall, if there is provision under
the Misuse of Drugs (Jersey)
Law 1978 or of the Proceeds of Crime (Jersey)
Law 1999 (in each case as amended by this Law) to do such an act, be taken
to have been done under the latter provision.
(5) On the date on which
paragraph (1) comes in to force, or as soon as reasonably practicable
after that date, there shall be transferred to the Criminal Offences
Confiscation Fund established under Article 24 of the Proceeds of Crime (Jersey)
Law 1999 any monies remaining in the Drug Trafficking Confiscations Fund
established under Article 24 of the Drug Trafficking Offences (Jersey)
Law 1988.
part 2
provisions of general application
2 Consequential
etc. provisions, Regulations and Order
(1) The States may, by
Regulations, make any supplementary, incidental or consequential provision
necessary to bring this Law into full effect, including provision –
(a) of a
saving or transitional nature;
(b) further
to amend the Terrorism (Jersey)
Law 2002, the Proceeds of Crime (Jersey)
Law 1999 or the Misuse of Drugs (Jersey)
Law 1978 or an enactment amended by the Schedule[1], and any enactment made
under such an enactment; and
(c) to
amend or modify any enactment, other than an enactment mentioned in
sub-paragraph (a), whether made before or after the commencement of this
Law.
(2) The Minister for
External Relations may by Order provide for modifications, further to those
made by the Schedule[2], to be made to the Proceeds of Crime
(Enforcement of Confiscation Orders) (Jersey) Regulations 2008, for the purpose of making
any supplementary, incidental or consequential provision necessary to bring
this Law into full effect.[3]
(3) Nothing in paragraph (1)
or (2) shall be construed as enabling the States or the Minister for External
Relations to confer power to make any amendment, by any means, to any enactment
whatsoever.[4]
3 Citation
This Law may be cited as the Proceeds of Crime and Terrorism
(Miscellaneous Provisions) (Jersey) Law 2014.