States of Jersey
(Powers of Committees of Inquiry) (Jersey) Regulations 2007
1 Interpretation
Expressions defined in standing orders have the same meaning in
these Regulations.
2 Power
of committee of inquiry to issue summons
(1) Before issuing a
summons requiring a person to appear before it and to give evidence and produce
documents to it, a committee of inquiry must –
(a) request
the person to so appear;
(b) accommodate
any reasonable request by the person as to the day and time of the appearance;
and
(c) where
it would be appropriate to do so, having regard to the nature of the evidence
or any document, undertake to receive the evidence or document in confidence.
(2) If a person refuses to
comply with a request made under paragraph (1) a committee of inquiry may
summons the person to appear before it and to give evidence and produce any
document to it if the committee is satisfied that the evidence or document is,
or might reasonably be, relevant to the matter that it is inquiring into.
3 Procedure
for issue of summons by a committee of inquiry
(1) A
committee of inquiry shall inform the Greffier of its decision to issue a summons.
(2) The
Greffier shall prepare the summons and sign it.
(3) The
summons shall –
(a) state
the day and time when and place where the person is required to appear;
(b) indicate,
in general terms, the issues on which the committee of inquiry proposes to
question the person;
(c) be
accompanied by information regarding –
(i) how the summons
may be challenged, and
(ii) the
offences in Regulation 12.
(4) The
summons may require the person to produce –
(a) all
documents;
(b) specified
documents;
(c) documents
described by reference to their subject matter or any other factor,
which are or might
reasonably be relevant to the matter that the committee of inquiry is inquiring
into.
(5) The
day on which the person is to appear must be at least 10 working days after the
day the summons is served on the person.
(6) The
Greffier shall cause the summons to be served on the person by personal service
or by ordinary service.
4 Challenging
a summons issued by a committee of inquiry
(1) A
person may challenge a summons issued by a committee of inquiry on any of the
following grounds –
(a) that
Regulation 2(1) was not complied with before the summons was issued;
(b) that
the condition in Regulation 2(2) in respect of the evidence or a document
has not been satisfied;
(c) that
any requirement of Regulation 3 was not complied with in respect of the
summons;
(d) that
the evidence or a document is privileged;
(e) that
the prejudice to the person that would ensue from appearing before the
committee of inquiry and giving the evidence and, where required, producing a
document so far outweighs the usefulness of the evidence or document to the
committee of inquiry that it would be unreasonable to require the person to
appear or produce the document;
(f) that
it would be contrary to the public interest for the evidence to be given or a
document produced.
(2) The
person must notify the Greffier, in writing, that he or she wishes to challenge
the summons and of the grounds for his or her challenge.
(3) Once
the person has so notified the Greffier –
(a) the
Greffier shall inform the PPC and the committee of inquiry of the challenge;
and
(b) the
person shall not be required to obey the summons unless, on review, it is
upheld by the PPC.
5 Review
of challenge of summons issued by a committee of inquiry
(1) The
PPC shall review the challenge as soon as is practicable.
(2) A
member of the PPC who is connected with or involved in the matter being
inquired into by the committee of inquiry whose summons is being challenged, or
who is a member of that committee, shall not take any part in the review.
(3) The
PPC shall undertake such investigations into the matter as it sees fit and may,
as part of the investigations, request submissions, either in writing or in
person, from –
(a) the
chairman and any member of the committee of inquiry;
(b) the
person who has challenged the summons;
(c) any
other person whose submission is, in the opinion of the PPC, relevant to its
review of the challenge.
(4) Notwithstanding
paragraph (3), any person requested to make a submission may elect to make
it in person.
(5) After
it has concluded its investigations the PPC shall –
(a) uphold
the summons as served;
(b) uphold
the summons with such alterations as it considers appropriate; or
(c) direct
that the person is not required to comply with the summons.
(6) The
PPC may reach its decision on the ground in Regulation 4(1)(f) or, as the
case requires, Regulation 7(1)(d), notwithstanding that the challenge is
not made on that ground.
(7) Where
the PPC upholds a summons it may also impose conditions on the giving of the
evidence and the production of a document and their use.
(8) The
PPC shall inform the person who challenged the summons, and the committee of
inquiry, of its decision and the reasons for it.
6 Power
to administer oath
(1) A
committee of inquiry may require a person appearing before it to give evidence
on oath.
(2) The
chairman of a committee of inquiry is authorized to administer the oath for
this purpose.
7 Challenge
and review of question put by a committee of inquiry
(1) A
person appearing before a committee of inquiry in answer to a summons may
challenge a question put by the committee on the ground that –
(a) the
question is not relevant or necessary to the matter that the committee is
inquiring into;
(b) the
evidence sought is privileged;
(c) the
prejudice to the person that would ensue if he or she answered the question so
far outweighs the usefulness of the answer to the committee of inquiry that it
would be unreasonable to require the person to answer; or
(d) it
would be contrary to the public interest for the question to be answered.
(2) Once
the person has made the challenge, he or she is not required to answer the
question unless the PPC directs that it must be answered.
(3) Paragraphs (1)
to (4) and (6) of Regulation 5 shall apply to a review of a challenge to a
question as they apply to a review of a challenge to a summons.
(4) After
it has concluded its investigations the PPC shall direct –
(a) that
the question must be answered; or
(b) that
the question need not be answered.
(5) Where
the PPC directs that a question must be answered, it may impose conditions on
the giving and use of the answer.
(6) The
PPC shall inform the person who challenged the question and the committee of
its decision and the reasons for it.
8 [1]
9 [2]
10 Personal service
(1) For the purposes of
these Regulations, personal service of a summons is effected by leaving it with
the person to be served.
(2) In the case of personal
service on a body corporate, such service may be effected by leaving the
summons with the president or chairman, or the secretary, treasurer or other
similar officer of the body corporate or by leaving it at or delivering it to
the registered office of the body corporate.
11 Ordinary service
(1) For the purposes of
these Regulations, ordinary service of a summons is effected –
(a) in
the case of service on an individual –
(i) by leaving it at
the last known address or last known place of business of the person to be
served, or
(ii) by
sending it by ordinary post to the last known address or last known place of
business of the person to be served;
(b) in
the case of service on a body corporate –
(i) by leaving it at
or sending it by ordinary post to the registered or principal office of the
body corporate, or
(ii) by
leaving it at or sending it by ordinary post to the last known place of
business of the body corporate.
(2) Without prejudice to
Article 7 of the Interpretation (Jersey)
Law 1954 a document sent by post to an address in Jersey shall, unless the
contrary is proved, be deemed to have been served on the 2nd day after the day
on which it was posted, days on which there is no collection or delivery excepted.
12 Offences
(1) A person shall be
guilty of an offence if he or she, without reasonable excuse –
(a) disobeys
any requirement of a summons issued under these Regulations; or
(b) when
summoned under these Regulations refuses to comply with a requirement to be
examined before, or to answer any lawful and relevant question put by, the
committee of inquiry which issued the summons.
(2) A person guilty of an
offence under this Regulation shall be liable to imprisonment for a term of
2 years and to a fine of level 3 on the standard scale.[3]
13 Citation[4]
These Regulations may be cited as the States of Jersey (Powers of
Committees of Inquiry) (Jersey) Regulations 2007.