States of Jersey
(Powers of Scrutiny Panels, PAC and PPC) (Jersey) Regulations 2006
PART 1
Preliminary
1 Interpretation
Expressions defined in standing orders have the same meaning in
these Regulations.
2 Application
to members of the States[1]
These Regulations do not confer any power to issue a summons
requiring the appearance of, or the production of documents by, a member of the
States.
PART 2
Scrutiny
panels and the PAC
3 Power
of scrutiny panel or the PAC 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 scrutiny panel or the PAC 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 documents, undertake to hear the evidence in private or receive the
documents in confidence.
(2) If a person refuses to
comply with a request made under paragraph (1) the scrutiny panel or the
PAC may summons the person to appear before it and to give evidence and produce
documents to it if the panel or the PAC is satisfied that the evidence is, or
the documents sought from the person are, relevant to a matter that it is
investigating.
4 Procedure
for issue of summons by a scrutiny panel or the PAC
(1) A scrutiny panel or the
PAC 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 the person is required to appear;
(b) indicate,
in general terms, the issues on which the scrutiny panel or PAC proposes to
question the person;
(c) be
accompanied by information regarding –
(i) how the summons
may be challenged, and
(ii) the
offences in Regulation 22.
(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 relevant to the matter that the scrutiny panel or PAC is
investigating.
(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
ordinary service.
5 Challenging
a summons issued by a scrutiny panel or the PAC
(1) A person may challenge a
summons issued by a scrutiny panel or the PAC on any of the following
grounds –
(a) that
Regulation 3(1) was not complied with before the summons was issued;
(b) that
any requirement of Regulation 4 was not complied with in respect of the
summons;
(c) that
the evidence is, or the documents are, not relevant or necessary to the matter
that the scrutiny panel or the PAC is investigating;
(d) that
the evidence is or documents are privileged;
(e) that
the prejudice to the person that would ensue from appearing before the scrutiny
panel or the PAC and giving the evidence and, where required, producing the
documents, so far outweighs the usefulness of the evidence or documents to the
panel or the PAC that it would be unreasonable to require the person to appear.
(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 scrutiny panel or the PAC of the
challenge; and
(b) the
person shall not be required to obey the summons unless, on review, it is
upheld by the PPC.
6 Review
of challenge of summons issued by a scrutiny panel or the PAC
(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 investigated by the scrutiny
panel or PAC whose summons is being challenged, or who is a member of the
scrutiny panel or PAC, 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 scrutiny panel or PAC;
(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) After it has concluded
its investigations the PPC shall either –
(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 obey the summons.
(5) The PPC shall inform
the person who challenged the summons, and the scrutiny panel or the PAC, of
its decision and the reasons for it.
7 Challenge
and review of question put by a scrutiny panel or the PAC
(1) A person appearing
before a scrutiny panel or the PAC in answer to a summons may challenge a
question put by the scrutiny panel or PAC on the ground that –
(a) the
question is not relevant or necessary to the matter that the scrutiny panel or
PAC is investigating;
(b) the
evidence sought is privileged; or
(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 scrutiny panel or PAC that it
would be unreasonable to require the person to answer.
(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
(3) of Regulation 6 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) The PPC shall inform
the person who challenged the question, and the scrutiny panel or PAC, of its
decision and the reasons for it.
7A Power of scrutiny panel
or Committee to administer oath[2]
(1) A scrutiny panel, the
PAC or PPC may require a person appearing before it to give evidence on oath.
(2) The chairman of the
panel or, as the case may be, the Committee in question, is authorized to
administer the oath for the purpose of paragraph (1).
8 [3]
8A [4]
9 [5]
10 Application of
Part 2 to sub-panel etc of a scrutiny panel[6]
Where a scrutiny panel establishes a sub-panel under standing order
139, or appoints a member under standing order 140, to review, consider,
scrutinize or liaise upon any particular matter, this Part shall have effect
with the modifications necessary –
(a) to enable the sub-panel
or member to make a request under Regulation 3(1);
(b) to empower the scrutiny
panel to issue a summons requiring a person to appear and give evidence before
and produce documents to the sub-panel or member;
(c)
PART 3[7]
11-19 [8]
PART 4
Miscellaneous
and closing
20 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.
21 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.
22 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 or panel which issued the summons or, as the case may be, on whose
behalf the summons was issued under Regulation 10(b) or 19(b).
(2) A person guilty of an
offence under paragraph (1) shall be liable to a fine of level 3 on the
standard scale.[9]
23 Citation[10]
These Regulations may be cited as the States of Jersey (Powers of
Scrutiny Panels, PAC and PPC) (Jersey) Regulations 2006.