L.7/2003
Public Holidays and
Bank Holidays (Amendment No. 2) (Jersey) Law
2003
A LAW to amend further the Public
Holidays and Bank Holidays (Jersey) Law 1951.
Adopted by the
States 1st October 2002
Sanctioned by
Order of Her Majesty in Council 17th December 2002
Registered by the
Royal Court 3rd
January 2003
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1
In this Law “principal Law” means the Public Holidays and Bank Holidays (Jersey) Law
1951, as amended.[1]
2
In Article 1 of the principal Law[2] –
(a) the
existing Article shall be re-numbered as paragraph (1) of that Article;
(b) in
paragraph (1) for the definition of “normal banking hours”
there shall be substituted the following definition –
“ ‘normal
banking hours’, in relation to a bank,
means the hours of any business day during which that bank is normally
open.”; and
(c) after
paragraph (1) there shall be inserted the following paragraph –
“(2) In this Law references to
“open” or “closed” in relation to a bank are references
to the opening or closing as the case may be of that part of the premises
occupied by that bank to which the public are normally admitted for the
transaction of banking business with the public.”.
3
For Article 3, 4 and 4A of the principal Law[3] there shall be substituted
the following Articles –
“3 BANKS TO BE
CLOSED ON BANK HOLIDAYS
Subject to the provisions of
any Order made under Article 4 of this Law, a bank shall not open on a
bank holiday.
4 ORDERS WITH RESPECT TO THE OPENING AND CLOSING OF BANKS
(1) The Finance and Economics Committee may by
Order, where it considers it expedient to do so in view of particular
circumstances, require or permit any bank –
(i) on
a bank holiday or any other day that is not a business day; or
(ii) on
a business day outside normal banking hours; or
(b) to be closed during normal banking hours,
for such period of time as
may be specified in the Order.
(2) Orders made under this Article may make
different provision for different cases or circumstances.
(3) The Subordinate
Legislation (Jersey) Law 1960, as amended,[4] shall apply to Orders made
under this Article.
(a) contravenes Article 3 of this Law; or
(b) contravenes or fails to comply with any
provision of an Order made under Article 4 of this Law,
shall be guilty of an offence
and liable to a fine.
(2) Where an offence under this Law committed by
a limited liability partnership or body corporate is proved to have been
committed with the consent or connivance of, or to be attributable to any
neglect on the part of –
(a) a person who is a partner of the
partnership, or director, manager, secretary or other similar officer of the
body corporate; or
(b) any person purporting to act in any such
capacity,
the person shall also be
guilty of the offence and liable in the same manner as the partnership or body
corporate to the penalty provided for that offence.
(3) Where the affairs of a body corporate are
managed by its members, paragraph (2) of this Article shall apply in
relation to acts and defaults of a member in connection with his functions of
management as if he were a director of the body corporate.
(4) Any person who aids, abets, counsels or
procures the commission of an offence under this Law shall also be guilty of
the offence and liable in the same manner as a principal offender to the
penalty provided for that offence.”.
4 Amendment
to Shops (Sunday Trading) (Jersey) Law 1960
In the definition of “shop” in Article 1 of the Shops (Sunday Trading) (Jersey) Law 1960,
as amended,[5] after the words
“carried on” there shall be inserted the words “other than
premises used as a bank”.
5 Citation
and commencement
This Law may be cited as the Public Holidays and Bank Holidays
(Amendment No. 2) (Jersey) Law 2003 and shall come into force on the
seventh day following its registration.
C.M. NEWCOMBE
Greffier of the States.