Jersey Law 8/1990
BANKRUPTCY (DESASTRE) (JERSEY) LAW
1990
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ARRANGEMENT OF ARTICLES
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PART I
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INTERPRETATION AND
GENERAL
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1.
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Interpretation.
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2.
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Power to make Rules.
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PART II
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APPLICATION FOR
DECLARATION
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3.
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Application for a declaration.
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4.
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Persons in respect of whose property a declaration may
be applied for.
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5.
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Duty of court to refuse to make a declaration in
certain cases.
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PART III
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DECLARATION
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6.
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Declaration.
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7.
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Debtor’s application to recall a declaration.
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PART IV
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EFFECT OF DECLARATION
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8.
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Property of debtor to vest in the Viscount.
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9.
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After-acquired property.
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10.
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Prohibition on pursuing alternative remedies after
declaration.
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11.
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Special provisions regarding immovable property.
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12.
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Special provisions regarding matrimonial home.
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13.
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Special provisions regarding movable property.
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14.
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Security interests.
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15.
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Power to disclaim certain onerous property.
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16.
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Powers of court in respect of disclaimed property.
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17.
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Transactions at an undervalue and preferences.
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PART V
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CONTROL OVER PERSON
AND PROPERTY OF DEBTOR
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18.
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General duties of debtor.
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19.
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Failure to keep proper accounts of business.
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20.
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Attendance of persons respecting debtor or his
property.
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21.
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Unenforceability of liens on books etc.
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22.
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Privilege of witnesses.
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23.
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Viscount may make allowance to debtor.
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24.
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Debtor prohibited from acting in certain capacities.
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25.
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Requirement that debtor disclose declaration.
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PART VI
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ADMINISTRATION OF
DEBTOR’S ESTATE
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26.
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General powers of Viscount.
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27.
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Power of Viscount to sell.
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28.
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Reports by Viscount to creditors.
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PART VII
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PROOFS OF DEBT
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29.
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Provable debts.
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30.
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Creditors to prove.
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31.
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Viscount to examine proofs and admit or reject.
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PART VIII
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DISTRIBUTION OF ASSETS
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32.
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Order of payment of debts.
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33.
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Distribution of assets.
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34.
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Set off.
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35.
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Hire-purchase agreements.
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36.
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Duty of Viscount to report to creditors and Judicial
Greffier and pay final dividend.
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37.
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Surplus of assets.
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38.
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Status of debtor following distribution of assets.
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PART IX
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DISCHARGE WHERE DEBTOR
IS AN INDIVIDUAL
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39.
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Application of Part IX.
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40.
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Application by Viscount for order of discharge.
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41.
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Order of discharge.
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42.
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Effect of order of discharge.
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PART X
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ADDITIONAL POWERS OF
COURT WHERE DEBTOR IS A COMPANY
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43.
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Disqualification of directors.
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44.
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Personal liability for company’s debts where
person acts while disqualified.
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45.
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Responsibility of persons for company’s wrongful
trading.
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PART XI
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ABOLITION OF CERTAIN
CUSTOMARY LAW CONCEPTS
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46.
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Norman Customary Dower.
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47.
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“Désastre
maritime”.
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PART XII
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MISCELLANEOUS AND
SHORT TITLE
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48.
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Assistance for other courts in insolvency matters.
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49.
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Registration in the Public Registry.
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50.
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Repeal and consequential amendments.
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51.
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Short title and commencement.
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SCHEDULE – Consequential
amendments.
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BANKRUPTCY (DESASTRE) (JERSEY) LAW
1990
____________
A LAW to
amend and extend the law relating to the declaring of the property of a person
to be “en désastre”; to make provision for the
disqualification and personal liability of persons involved in the management
of companies; to abolish certain customary law concepts; and for connected
purposes, sanctioned by Order of Her Majesty in Council of the
1st day of MAY
1990
____________
(Registered on the 15th day of June 1990)
____________
STATES OF JERSEY
____________
The 14th day of
November 1989
____________
THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law –
PART I
INTERPRETATION AND GENERAL
ARTICLE
1
Interpretation
(1) In
this Law, unless the context otherwise requires –
“claim” includes a claim for repossession of goods and
a claim for rent;
“company”
means –
(a) a company registered
under the “Loi (1861) sur les Sociétés à
Responsabilité Limitée”;
(b) a
body corporate incorporated outside the Island;
(c) a corporation
constituted under Article 4 of the “Loi (1862) sur les teneures en
fidéicommis et l’incorporation d’associations”; and
(d) any
association constituted by Act of the States;
“the court” means the Inferior Number of the Royal Court;
“creditor” includes a person claiming repossession of
goods;
“debtor” –
(a) in
relation to an application for a declaration means a person who is insolvent;
(b) in
relation to a declaration means the person in respect of whose property that
declaration is made;
“declaration” means an Act of the court made under
Article 6 declaring the property of a person to be “en
désastre”;
“director” means any person occupying the position of
director by whatever name called;
“hypothec”, “judicial hypothec” and
“conventional hypothec” have the respective meanings assigned to
“hypothèque”, “hypothèque judiciaire” and
“hypothèque conventionelle” under the “Loi (1880) sur
la propriété foncière”;
“insolvency” means the inability of a debtor to pay his
debts as they fall due;
“prescribed” means prescribed by Rules made under
Article 2;
“property” means land, money, goods, things in action,
goodwill, and every valuable thing, whether movable or immovable, and whether
situated in the Island or elsewhere; and also means obligations, servitudes,
and every description of estate, interest, and profit, present or future,
vested or contingent, arising out of or incident to property;
“security interest” has the meaning assigned to it by
the Security Interests (Jersey) Law 1983.
(2) In
this Law, the expression “during the course of a
‘désastre’ ” means the period between the date of the
declaration and such date as an order of discharge under Article 41 takes
effect.
(3) Where
in this Law there is a reference to an Article by number only, and without
further identification, such reference shall be construed as a reference to the
Article of that number contained in this Law.
(4) Where
in any Article of this Law there is a reference to a paragraph, sub-paragraph
or clause by number or letter only, and without further identification, such
reference shall be construed as a reference to the paragraph, sub-paragraph or
clause of that number or letter contained in the Article of this Law in which such
reference occurs.
(5) Where
this Law refers to any enactment, the reference is a reference to that
enactment as amended, and includes a reference to that enactment as extended or
applied by or under any other enactment, including any other provision of that
enactment.
(6) Subject
to Article 10, the provisions of this Law shall be in addition to and not in
derogation of –
(a) the “Loi (1832)
sur les décrets”;
(b) the “Loi (1839)
sur les remises de biens”;
(c) those provisions of the
“Loi (1880) sur la propriété foncière” which
relate to bankruptcy;
(d) the “Loi (1904)
(Amendement No. 2) sur la propriété foncière”; and
(e) any
other law relating to bankruptcy,
except in so far as the provisions contained therein are
inconsistent with the provisions of this Law.
ARTICLE
2
Power to make Rules
(1) Rules
may from time to time be made in the manner prescribed by the Royal Court
(Jersey) Law 1948 relating to the procedure of the
court (including the procedure and practice to be followed by the Viscount
under this Law) and to give effect to this Law.
(2) Without
prejudice to the generality of paragraph (1), Rules may be made under this
Article as to –
(a) the
manner in which proceedings may be commenced;
(b) the
mode of proving debts and the exemption of certain debts from the requirement
of proof;
(c) the
amount of the claim which a creditor shall have against a debtor to enable him
to apply under Article 3 for a declaration;
(d) the
forms to be used in any proceedings;
(e) the
attestation and verification of documents for use in proceedings;
(f) the
notices to be given in connexion with any proceedings and by and to whom the
same shall be given;
(g) the
manner of advertising;
(h) the
granting of costs, and the cases in which security for costs must be given;
(j) such
matters as are required for giving full effect to the provisions of this Law
and for the due administration thereof.
PART II
APPLICATION FOR DECLARATION
ARTICLE
3
Application for a declaration
(1) An
application for a declaration may be made by –
(a) a
creditor of the debtor with a claim against the debtor of not less than such
liquidated sum as shall be prescribed; or
(b) the
debtor.
(2) No
application shall be made by a creditor whose only claim is one for the
repossession of goods.
(3) An
application shall be made in the prescribed form and shall be accompanied by an
affidavit verifying the contents of the form.
ARTICLE
4
Persons in respect of whose property a declaration may be applied
for
(1) An
application under Article 3 may be made in respect of the property of any
debtor –
(a) who
–
(i) is,
or
(ii) was,
at any time within the period of twelve months immediately preceding the date
of the application,
ordinarily resident in the Island;
(b) who
–
(i) carries
on, or
(ii) has
carried on, at any time within the period of three years immediately preceding
the date of the application,
business in the Island;
(c) who
has in the Island immovable property capable
of realisation at the time of the application; or
(d) who,
being a company –
(i) is registered
under the “Loi (1861) sur les Sociétés à
Responsabilité Limitée”, or
(ii) has
been dissolved pursuant to Article 38 or Article 38A of that “Loi”,
whether or not the debtor is present in the Island
at the time of application for a declaration or at the time of the declaration.
(2) For
the avoidance of doubt it is hereby declared that no application may be made in
respect of the property of a deceased person.
ARTICLE
5
Duty of court to refuse to make declaration in certain cases
(1) The
court shall refuse to make a declaration –
(a) if
the court has made an order pursuant to Article 2 of the “Loi (1839) sur
les remises de biens” granting
permission to the debtor to place his property in the hands of the court and at
the date of the application the order remains in force;
(b) if
the debtor has been permitted to make general cession (“reçu
à faire cession générale”) of his property; or
(c) if
the debtor’s property has been adjudged renounced (“adjugée
renoncée”).
(2) In
the case of an application by a creditor the court may require the creditor to
indemnify the Viscount against the costs of the “désastre”
to the extent that it thinks fit.
PART III
DECLARATION
ARTICLE
6
Declaration
(1)
The court, after considering an
application and the affidavit required by paragraph (3) of Article 3 to
accompany it, may make a declaration.
(2) The
court may at any time adjourn the hearing of an application for such time as it
thinks fit and may require the applicant to furnish such further information as
it requires.
(3) Where,
as the result of an application made by a creditor a declaration is made and
the person in respect of whose property it is made is, notwithstanding the
declaration, at the date of the declaration not insolvent, that person shall
have a right of action against the applicant to recover damages for or in
respect of any loss sustained by him as a consequence of the declaration,
unless the applicant, in making the application, acted reasonably and in good
faith.
(4) Any
action brought pursuant to paragraph (3) shall be commenced within twelve
months from the date of the declaration.
ARTICLE 7
Debtor’s application to recall a declaration
(1) The
debtor may at any time during the course of the “désastre”
apply to the court for an order recalling the declaration under, (1)
(2) The
debtor shall give to the Viscount not less than forty-eight hours’ notice
of his intention to make an application under paragraph (1).
(3) The
court shall refuse an application made under paragraph (1) where it is not
satisfied that property of the debtor vested in the Viscount pursuant to
Article 8 or Article 9 is at the time of such application sufficient to pay in
full claims filed with the Viscout or claims which the Viscount has been
advised with be filed within the prescribed time.
(4) In
considering an application under paragraph (1) the court shall have regard to
the interests of –
(a) creditor
who have filed a statement of claim;
(b) creditors
whose claims the Viscount has been advised will be filed within the prescribed
time; and
(c) the
debtor.
(5) Where
the court makes an order under this Article it may make such order as to costs
as it thinks fit.
(6) Where
the court makes an order under this Article, the property of the debtor which
is vested in the Viscount pursuant to Article 8 or Article 9 shall, with effect
from the date of the order, vest in the debtor.
(7) An
order made under this Article shall not prejudice the validity of any act of
the Viscount relating to the property of the debtor between the date of the
declaration and the date of the order.
PART IV
EFFECT OF DECLARATION
ARTICLE
8
Property of debtor at date of declaration to vest in the Viscount
(1) All
the property and powers of the debtor specified in paragraph (2) shall vest in
the Viscount immediately upon the making of the declaration.
(2) Subject
to paragraph (3), the property and powers of the debtor to vest in the Viscount
under this Article and be divisible amongst his creditors shall comprise
–
(a) all
property belonging to or vested in the debtor at the date of the declaration;
(b) the
capacity to exercise and to take proceedings for exercising all such powers in
or over or in respect of any property as might have been exercised by the
debtor for his own benefit at the date of the declaration.
(3) Property
held by the debtor in trust for any other person shall not vest in the
Viscount.
ARTICLE
9
After-acquired property
(1) Subject
to this Article, the Viscount may by notice in writing claim any property which
has been acquired by, or has devolved upon, the debtor since the date of the
declaration for division amongst his creditors.
(2) A
notice under this Article shall not be served in respect of any property which
is acquired by, or devolves upon, the debtor after his discharge.
(3) Subject
to paragraph (4), upon the service on the debtor of a notice under this Article
the property to which the notice relates shall vest in the Viscount and the
Viscount’s title to that property has relation back to the time at which
the property was acquired by, or devolved upon, the debtor.
(4) Where,
whether before or after service of a notice under this Article –
(a) a
person acquires property in good faith, for value and without notice of the
declaration; or
(b) a
banker enters into a transaction in good faith and without such notice, the
Viscount is not in respect of that property or transaction entitled by virtue
of this Article to any remedy against that person or banker, or any person
whose title to any property derives from that person or banker.
(5) Except
with the leave of the court a notice shall not be served after the end of the
period of forty days beginning with the day on which it first came to the
knowledge of the Viscount that the property had been acquired by, or had
devolved upon the debtor.
ARTICLE
10
Prohibition on pursuing alternative remedies after declaration
With effect from the date of the declaration no creditor to whom
the debtor is indebted in respect of any debt provable in the
“désastre” shall have any remedy against the property or
person of the debtor in respect of the debt or shall commence any action or
legal proceedings to recover the debt.
ARTICLE
11
Special provisions regarding immovable property
(1) Any
immovable property vesting in the Viscount pursuant to paragraph (1) of Article
8 or paragraph (3) of Article 9 shall so vest subject to all hypothecs and
debts secured thereby to which such property was subject prior to the vesting.
(2) Subject
to paragraph (3), and without prejudice to the rights of preference of an
hypothecary creditor, where any property which vests in the Viscount pursuant
to paragraph (1) of Article 8 or paragraph (3) of Article 9 is subject to a
judicial or conventional hypothec, the hypothec shall be extinguished on the
sale of the property by the Viscount under Article 27.
(3) Paragraph
(2) shall not apply to a judicial or conventional hypothec obtained against or
created or consented to by any predecessor in title of the debtor, the debtor
not having been charged by his contract of acquisition with the payment of the
debt or other claim which the hypothec secures, and paragraph (3) of Article 2
of the “Loi (1880) sur la propriété foncière” shall continue to apply in such a case.
(4) Where,
immediately prior to a declaration, the debtor is beneficially entitled to any
immovable property as a joint tenant (“conjointement par ensemble”)
the title to the property shall, as from the date of the declaration, be deemed
to be converted into a tenancy in common in equal shares (“en indivis en
parts égales”) and any hypothecs to which any such immovable
property is subject shall with the debts secured thereby, be apportioned
equally between such shares.
ARTICLE
12
Special provisions regarding matrimonial home
(1) Where
any property vesting in the Viscount pursuant to paragraph (1) of Article 8 or
paragraph (3) of Article 9 represents the matrimonial home or an interest in
part thereof the spouse of the debtor may, within three months of the date of
the declaration, apply to the court for such order as is referred to in paragraph
(5) as the court thinks fit.
(2) Application
may be made under paragraph (1) notwithstanding any agreement made to the
contrary.
(3) The
power to sell property conferred on the Viscount by Article 27 shall not be
exercised in respect of property referred to in paragraph (1) until a period of
more than three months has elapsed from the date of the declaration.
(4) Paragraph
(1) shall apply whether or not the spouse of the debtor is beneficially
entitled as a joint tenant with the debtor to the matrimonial home.
(5) After
considering an application under paragraph (1) the court may order –
(a) that
the property or the interest in part thereof as to which the Viscount is
beneficially entitled, subject to –
(i) any
hypothec and debts secured thereby, or
(ii) security
interest and debts secured thereby,
or part thereof attaching to the property or interest therein, be
vested in the applicant;
(b) the
sale of the property and the distribution of the proceeds of sale, or such part
of the proceeds as represents the value of the interest in the part of the
property as to which the Viscount is beneficially entitled, to such persons and
in such proportions as the court thinks fit;
(c) a
usufruct in the property or in such part thereof as to which the Viscount is
beneficially entitled to be vested in the applicant for such period as the
court thinks fit.
(6) Where
the court makes an order under sub-paragraph (a) of paragraph (5) it may make a
further order that payment be made by the applicant to the Viscount of such sum
as the court thinks fit for the benefit of the debtor’s creditors.
(7) Orders
made under paragraphs (5) and (6) shall be on such terms and conditions as the
court thinks fit.
(8) It
shall be the duty of the court in deciding in what manner to exercise its powers
under paragraph (5) to give first consideration to the desirability of
reserving the matrimonial home for the occupation of the spouse and any
dependants of the debtor having regard to all the circumstances of the
“désastre” including the interests of creditors.
(9) The
court shall in particular have regard to the following matters –
(a) the
income, earning capacity, property and other financial resources which the
spouse has or is likely to have in the foreseeable future;
(b) the
age of the debtor’s dependants; and
(c) the
income, earning capacity (if any), property and other financial resources of
the debtor’s dependants.
(10) Before
deciding whether to make an order under paragraph (5), the court shall give the
Viscount an opportunity to make representations with respect to the order.
(11) Any
representations made by the Viscount shall be included among the circumstances
to which the court is required to have regard under this Article.
(12) For
the purposes of this Article –
“dependants” means all persons who in the opinion of
the court are dependant on the debtor wholly or partially for the provision of
the ordinary necessities of life;
“matrimonial home” means the residence that is used
habitually or from time to time by the debtor and the spouse or either of them
as the only or principal family residence;
“spouse” includes a person to whom the debtor is
alleged to be married by habit and repute.
ARTICLE
13
Special provisions regarding movable property
Where immediately prior to a declaration the debtor owns or has an
interest in movable property jointly with one or more persons, the
debtor’s share or interest in that property shall vest in the Viscount
upon the making of a declaration as a tenancy in common in equal shares with
the other co-owners.
ARTICLE
14
Security interests
(1) Where
immediately prior to a declaration the debtor is beneficially entitled with
other persons to any movable property in undivided shares and that property is
the subject of a security interest, the security interest shall as from the
date of the declaration be apportioned between the persons beneficially
entitled to the property and the interest of the debtor vesting in the Viscount
shall bear its proportion of the security interest.
(2) The
provisions of Article 6 of the Security Interests (Jersey)
Law 1983 shall apply to any security
Interests to which any movable property of a debtor is subject.
ARTICLE
15
Power to disclaim certain onerous property
(1) Subject
to this Article, the Viscount may, within six months of the date of the
declaration, and by giving the prescribed notice, disclaim any onerous movable
property or any onerous immovable property situated outside the Island and may
do so notwithstanding that he has taken possession of it, endeavoured to sell it
or otherwise exercised rights of ownership in relation to it.
(2) For
the purposes of this Article –
(a) onerous
movable property is any –
(i) unprofitable
contract, and
(ii) other
movable property of the debtor which is unsaleable or not readily saleable or
is such that it may give rise to a liability to pay money or perform any other
onerous act;
(b) onerous
immovable property is any immovable property of the debtor situated outside the
Island and having the characteristics
mentioned in clause (ii) of sub-paragraph (a).
(3) A
disclaimer under this Article shall –
(a) operate
so as to determine, as from the date of the disclaimer, the rights, interests
and liabilities of the debtor in or in respect of the property disclaimed; and
(b) discharge
the Viscount from all liability in respect of that property as from the date of
the declaration,
but shall not, except so far as is necessary for the purpose of
releasing the debtor, the debtor’s property and the Viscount from any
liability, affect the rights or liabilities of any other person.
(4) Any
person sustaining loss or damage in consequence of the operation of a
disclaimer under this Article shall be deemed to be a creditor of the debtor to
the extent of the loss or damage and accordingly may prove for the loss or
damage.
ARTICLE
16
Powers of court in respect of disclaimed property
(1) This
Article applies where the Viscount has disclaimed any property under Article
15.
(2) An
application may be made to the court under this Article by –
(a) any
person who claims an interest in the disclaimed property; or
(b) any
person who is under any liability in respect of the disclaimed property, not
being a liability discharged by the disclaimer.
(3) Subject
to paragraph (4), the court may, on an application under this Article, make an
order on such terms as it thinks fit for the vesting of the disclaimed property
in, or for its delivery to –
(a) a
person entitled to it or a trustee for such a person; or
(b) a
person subject to such a liability as is mentioned in sub-paragraph (b) of
paragraph (2) or a trustee for such a person.
(4) The
court shall not make an order by virtue of sub-paragraph (b) of paragraph (3)
except where it appears to the court that it would be just to do so for the
purpose of compensating the person subject to the liability in respect of the
disclaimer.
(5) The
effect of any order under this Article shall be taken into account in assessing
for the purposes of paragraph (4) of Article 15 the extent of any loss or
damage sustained by any person in consequence of the disclaimer.
ARTICLE
17
Transactions at an undervalue and preferences
(1) Subject
to this Article, where a debtor in respect of whose property a declaration has
been made, has at a relevant time –
(a) entered
into a transaction with any person at an undervalue; or
(b) given
a preference to any person,
the Viscount may apply to the court for such order as the court
thinks fit for restoring the position to what it would have been if that debtor
had not entered into that transaction or given that preference, as the case may
be.
(2) For
the purposes of this Article a debtor enters into a transaction with a person
at an undervalue if –
(a) he
makes a gift to that person or he otherwise enters into a transaction with that
person on terms for which there is no “cause”;
(b) he
enters into a transaction with that person by way of a marriage settlement; or
(c) he
enters into a transaction with that person for a “cause” the value
of which, in money or money’s worth, is significantly less than the
value, in money or money’s worth, of the “cause” provided by
the debtor.
(3) For
the purposes of this Article a debtor gives a preference to a person if –
(a) that
person is one of the debtor’s creditors or a surety or guarantor for any
of his debts or other liabilities; and
(b) the
debtor –
(i) does
anything, or
(ii) suffers
anything to be done,
which has the effect of putting that person into a position which,
in the event of a declaration being made in respect of the debtor’s
property, will be better than the position he would have been in if that thing
had not been done.
(4) The
court shall not make an order under this Article in respect of a preference
given to any person unless the debtor who gave it was influenced in deciding to
give it by a desire to produce in relation to that person the effect referred
to in sub-paragraph (b) of paragraph (3).
(5) Subject
to paragraph (6), the time at which a debtor enters into a transaction at an
undervalue or gives a preference is a relevant time if the transaction is
entered into or the preference given –
(a) in
the case of a transaction at an undervalue, at a time in the period of five
years ending with the day of the declaration;
(b) in
the case of a preference which is not a transaction at an undervalue, at a time
in the period of one year ending with that day.
(6) Subject
to paragraph (7), where a debtor enters into a transaction at an undervalue or
gives a preference at a time mentioned in paragraph (a) or paragraph (b) of
paragraph (5), that time is not a relevant time unless the debtor –
(a) is
insolvent at that time; or
(b) becomes
insolvent in consequence of the transaction or preference.
(7) Paragraph
(6) shall not apply to a transaction at an undervalue which takes place less
than two years before the day of the declaration.
(8) Nothing
in this Article shall derogate from the provisions of Article 52 of the
“Loi (1880) sur la propriété foncière”.
(9) For
the purposes of this Article, “cause” has the meaning assigned to
it by the customay law of the Island.
PART V
CONTROL OVER PERSON AND PROPERTY OF
DEBTOR
ARTICLE
18
General duties of debtor
(1) In
addition to every other duty imposed on the debtor by this Law or any other
enactment or by law, he shall, to the utmost of his power, aid the Viscount in
the realisation of his property and the distribution of the proceeds amongst
his creditors, and, more particularly, shall –
(a) give
a complete and accurate list of his property and of his creditors and debtors
and such other information as to his property as the Viscount requires, and
attend before the Viscount whenever called upon to do so;
(b) disclose
to the Viscount as soon as practicable any property which may be acquired by
him during the course of the “désastre”;
(c) execute
an assignment in favour of the Viscount of any property which has been acquired
by, or has devolved upon, him since the date of the declaration;
(d) supply
such information as he may require regarding his expenditure and sources of
income after the declaration as the Viscount may require;
(e) deliver
on demand all or any of his property that is divisible amongst his creditors
and is under his possession or control to the Viscount or anyone authorised by
him to take possession of it or any part thereof;
(f) deliver
on demand to the Viscount or anyone authorised by him any property that is
acquired by him during the course of the “désastre”;
(g) notify
the Viscount immediately in writing of any change of his address, employment or
his name.
(2) If
the debtor fails without reasonable excuse to comply with any of the provisions
of paragraph (1) he commits an offence and is liable to a fine or to
imprisonment for a term not exceeding six months, or to both.
(3) Where
an offence under this Article which has been committed by a company is proved
to have been attributable to any director, manager, secretary or other officer
of the company, or any person who was purporting to act in any such capacity,
or any liquidator of the company, he, as well as the company, shall be deemed
to be guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
ARTICLE
19
Failure to keep proper accounts of business
(1) Where
the debtor has been engaged in any business for any of the period of two years
ending with the date of the declaration, he commits an offence if he has not
–
(a) kept
proper accounting records throughout that period; or
(b) preserved
all the accounting records which he has kept.
(2) The
debtor shall not be guilty of an offence under sub-paragraph (a) of paragraph
(1) if –
(a) his
unsecured liabilities at the date of the declaration did not exceed the
prescribed amount; or
(b) he
proves that in the circumstances in which he carried on business the omission
was honest and excusable.
(3) The
debtor shall not be guilty of an offence under sub-paragraph (b) of paragraph
(1) if he complies with sub-paragraph (b) of paragraph (2).
(4) For
the purposes of this Article, a person shall be deemed not to have kept proper
accounting records if he has not kept such records as are necessary to show or
explain his transactions and financial position in his business, including
–
(a) records
containing entries from day to day, in sufficient detail, of all cash received
and paid;
(b) where
the business involved dealings in goods, statements of annual stock-takings;
and
(c) except
in the case of goods sold by way of retail trade to the actual customer,
records of all goods sold and purchased showing the buyers and sellers in
sufficient detail to enable the goods and the buyers and sellers to be identified.
(5) A
debtor who commits an offence under paragraph (1) is liable to a fine or to
imprisonment for a term not exceeding six months, or to both.
(6) Where
an offence under paragraph (1) has been committed by a company, any director,
or any person who was purporting to act in such capacity who knowingly and
wilfully authorised or permitted the offence shall be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.
ARTICLE
20
Attendance of persons respecting debtor or his property
(1) The
Viscount may, at any time, summon before him –
(a) the
debtor;
(b) the
wife or husband of the debtor; or
(c) any
other person known or suspected to have in his possession any of the property,
or any book, paper, document or record relating to the affairs or property, of
the debtor, or supposed to be indebted to the debtor, or whom he thinks capable
of giving any information respecting the debtor, his trade, dealings, or
property, or concerning his income from any source, or his expenditure, and may
require the person so summoned to produce and surrender to the Viscount any
book, paper, document or record in his custody or power relating to the
dealings or property of the debtor.
(2) Where
the debtor is a company the Viscount may at any time summon before him any
officer of the company or person known or suspected to have in his possession
any property of the company or supposed to be indebted to the company, or any
person whom the Viscount deems capable of giving information concerning the
promotion, formation, trade, dealings, affairs or property of the company.
(3) The
Viscount may apply to the court for an order to question before him the debtor
or any other person referred to in paragraph (1) or (2) on oath.
(4) If
the debtor or any other person summoned before the Viscount under paragraphs
(1) or (2) –
(a) fails
without reasonable excuse to come before the Viscount at the time appointed; or
(b) not
being questioned on oath –
(i) makes
any statement knowing it to be false in a material particular, or
(ii) wilfully
misleads or attempts to mislead the Viscount,
he commits an offence and is liable to a fine or to imprisonment
for a term not exceeding six months, or to both.
(5) For
the purposes of paragraph (2) “officer” includes a director,
manager or secretary.
(6) A
person shall not under this Article be required to disclose any information or
produce any document which he would be entitled to refuse to disclose or
produce on grounds of legal professional privilege in the Royal Court.
ARTICLE
21
Unenforceability of liens on books, etc.
A lien or other right to retain possession of any of the books,
papers or other records of the debtor shall be unenforceable to the extent that
its enforcement would deny possession of any books, papers or other records to
the Viscount.
ARTICLE
22
Privilege of witnesses
Any debtor or other person who is being questioned by the Viscount
under Article 20 shall be excused from answering any question on the ground
that the answer may incriminate or tend to incriminate him or his spouse.
ARTICLE
23
Viscount may make allowance to debtor
The Viscount may from time to time make such an allowance of money
as he thinks just out of the property of the debtor for the support of the
debtor and his dependants.
ARTICLE
24
Debtor prohibited from acting in certain capacities
(1) No
debtor shall, during the course of the “désastre” –
(a) accept
appointment as –
(i) an
“administrateur”,
(ii) a
curator,
(iii) a
director of a company,
(v) an
“electeur”,
(v) a
liquidator of a company,
(vi) a
trustee, or
(vii) a “tuteur”; or
(b) hold
any public office.
(2) No
debtor shall, during the course of the “désastre”, sit on a
jury.
(3) Any
debtor who at the date of the declaration holds any appointment or office
referred to in paragraph (1) shall submit his resignation forthwith.
(4) A
debtor who contravenes paragraph (1) or (2) or fails to comply with paragraph
(3) commits an offence and is liable to a fine or to imprisonment for a term
not exceeding six months, or to both.
(5) For
the purposes of sub-paragraph (b) of paragraph (1) “public office”
means the office of Connétable, Centenier, Vingtenier, Constable’s
Officer, “Procureur du Bien Public” and member of the Assessment
Committee constituted under the Parish Rate (Administration) (Jersey) Law 1946.
ARTICLE
25
Requirement that debtor disclose declaration
(1) No
debtor shall obtain credit, in excess of such sum as shall be prescribed,
during the course of the “désastre” unless he informs the
intending creditor of the declaration.
(2) A
debtor who contravenes paragraph (1) commits an offence and is liable to a fine
or to imprisonment for a term not exceeding six months, or to both.
Part VI
ADMINISTRATION OF DEBTOR’S
ESTATE
ARTICLE
26
General powers of Viscount
Subject to the provisions of this Law, the Viscount may –
(a) hold
property of every description;
(b) bring,
institute, or defend any action or other legal proceedings relating to the
property of the debtor whether situated in the Island
or elsewhere;
(c) refer
any dispute to arbitration, or at his discretion compromise all debts, claims,
and liabilities, whether present or future, certain or contingent, liquidated
or unliquidated, subsisting or supposed to subsist, between the debtor and any
person who may have incurred any liability to the debtor on such terms as may
be agreed upon;
(d) make
such compromise or other arrangements as are thought expedient with creditors,
or persons claiming to be creditors, in respect of any debts provable under the
declaration;
(e) make
such compromise or other arrangements as are thought expedient with respect to
any debt or other claim secured upon the property of the debtor by a judicial
or conventional hypothec obtained against or created or consented to by any
predecessor in title of the debtor;
(f) accept
for the sale of any property of the debtor a sum of money payable at a future
time, subject to such conditions as to security and otherwise as the Viscount
thinks fit;
(g) make
such compromise or other arrangements as are thought expedient with respect to
any claim arising out of or incidental to the property of the debtor made or
capable of being made on the Viscount by any person or by the Viscount on any
person;
(h) carry
on the business of the debtor as far as is necessary or expedient for the
beneficial disposal of the same and for that purpose may employ and pay the
debtor or any other person;
(i) expend
money of the debtor for the repair, maintenance, upkeep, or renovation of the
property of the debtor, whether or not the work is necessary for the purpose of
the salvage of the property;
(j) borrow
any money and charge any property of the debtor;
(k) employ
any person to transact any business or do any act required to be transacted or
done in the course of administration of a “désastre”, including
the receipt and payment of money;
(l) prove
and draw a dividend in respect of any debt due to the debtor;
(m) divide
in its existing form amongst the creditors according to its estimated value any
property which from its peculiar nature or other special circumstances cannot
readily or advantageously be sold;
(n) give
receipts and execute discharges and releases for any money received by him,
which receipts, discharges, or releases shall effectively discharge the person
paying the money from all responsibility in respect of the application thereof,
and execute any powers of attorney, deeds, and other instruments for the
purpose of carrying into effect the provisions of this Law;
(o) exercise
any voting rights on shares owned by the debtor;
(p) exercise
any authority or power or do any act in relation to the debtor’s property
which the debtor could have exercised or done if it were not for the
declaration;
(q) from
time to time appoint an agent by power of attorney or otherwise to act for him,
either in or out of the Island, in respect of any particular property and
delegate to any such agent all or any of the powers hereby conferred upon the
Viscount in respect of the property and from time to time revoke any such
appointment and fix the remuneration for any such agent, which shall be paid
out of the debtor’s property:
Provided that the powers conferred upon the Viscount by this
Article shall be in furtherance of and not in limitation of all other powers
vested in him.
ARTICLE
27
Power of Viscount to sell
(1) Subject
to the provisions of this Law, and to paragraph (3) of Article 12, the Viscount
may sell the whole or any part of the property of the debtor by public auction
or public tender on such terms and conditions as he thinks fit, with power to
buy in at any auction or to rescind or vary any contract for sale on such terms
as he thinks fit, and with power also to sell the whole thereof to any person
or to sell the same in parcels and in any order.
(2) In
addition to the powers given by paragraph (1), but subject to the provisions of
this Law, the Viscount may sell by private contract –
(a) any
perishable property;
(b) any
property offered for sale by public auction or public tender and not sold;
(c) any
property which, by reason of its nature, situation, value, or other special
circumstances, he considers it unnecessary or inadvisable to sell by public
auction or public tender.
(3) Except
in the case of perishable property none of the property of the debtor shall be
sold until after the specified date.
(4) For
the purposes of paragraph (3), “specified date” means the date
specified in Rules made under Article 2 by which statements of claim of
creditors shall be filed.
(5) Where
a document is made or executed in exercise of the power to sell conferred by
this Article, the title of any person acquiring title thereunder shall not be
impeachable except on the ground of fraud, or be affected on the ground that no
case has arisen to authorise the sale, or the power was otherwise improperly or
irregular exercised.
ARTICLE
28
Reports by Viscount to creditors
The Viscount may from time to time report to creditors on the
progress of a “désastre”.
Part VII
PROOFS OF DEBT
ARTICLE
29
Provable debts
(1) Except
as provided in paragraph (4), all certain debts and liabilities, present or
future, certain or contingent, to which the debtor is subject at the time of
the declaration, or to which he becomes subject before payment of the final
dividend by reason of any obligation incurred before the time of the
declaration shall be debts provable in the “désastre”.
(2) Where
a debt bears interest, interest to the date of the declaration is provable as
part of the debt, except in the case of a debt secured by a hypothec, security
interest, or pledge, when interest is provable to the date of payment of the
claim and payable out of the proceeds of sale of the secured property to the
extent that it is required and able to meet it and is secured thereby.
(3) In
the case of a debt which, by reason of its being subject to any contingency or
contingencies or for any other reason does not bear a certain value, and a debt
provable by virtue of paragraph (4) of Article 15 the creditor shall make an
estimate of its value.
(4) Where
a declaration has been made in respect of the property of a person before the
commencement of this Law, no debt or liability which would not have been
provable in the “désastre” if this Law had not been passed
shall be provable in the “désastre”.
ARTICLE
30
Creditors to prove
(1) Unless
exempted by Rules made under Article 2, every creditor shall prove his debt at
the prescribed time and in the prescribed manner.
(2) A
creditor shall bear the cost of proving his debt unless the court decides
otherwise.
(3) Every
creditor who has lodged a proof shall be entitled to see and examine the proofs
of other creditors at a time fixed by the Viscount in accordance with Rules
made under Article 2.
(4) A
creditor may from time to time amend or withdraw his proof and every such
amendment shall be subject to the same formalities as the original proof.
ARTICLE
31
Viscount to examine proofs and admit or reject
(1) The
Viscount shall have power to admit or reject proofs either wholly or in part,
and he shall examine every proof and the grounds of the debt and admit it or
reject it in whole or in part, or require further evidence in support of it.
(2)
The Viscount may reject in whole
or in part that part of a proof appertaining to interest on the debt if he
considers such interest to be extortionate.
(3) If
the Viscount rejects a proof, in whole or in part, he shall serve notice of
rejection in the prescribed manner.
(4) Where
any person to whom notice has been given is dissatisfied with the decision of
the Viscount he shall within twenty-one days of the date of such notice notify
the Viscount that be wishes application to be made to the court for the
reversal or variation of the decision, and the Viscount shall apply to the
court for a date to be fixed for the hearing of such applications.
PART VIII
DISTRIBUTION OF ASSETS
ARTICLE 32
Order of payment of debts
(1) Subject
to paragraphs (4), (5) and (6), the money received by the Viscount by the
realisation of the property of a debtor shall be applied by him in the
following order -
(a) in
payment of the Viscount’s fees and emoluments and all costs, charges,
allowances and expenses properly incurred by or payable by the Viscount in the
“désastre”;
(b) in
payment of –
(i) all
arrears of wages or salary of any employee due at the date of the declaration
in respect of services rendered to the debtor during the six months immediately
preceding the declaration,
(ii) all
holiday pay and bonuses due at the date of the declaration to any employee of
the debtor:
Provided that the sum to which priority is to be given under
clauses (i) and (ii) shall not exceed such sum as shall be prescribed;
(c) in
payment of –
(i) all
sums payable to the Health Insurance Fund under Article 34 of the Health
Insurance (Jersey) Law 1967, to the Social Security Fund under Article 41 of
the Social Security (Jersey) Law 1941 and to the Comptroller of Income Tax under Article
45 of the Income Tax (Jersey) Law 1961,
(ii) an
amount due by the debtor to his landlord for the payment of rent due to the
extent, if any, that his claim qualifies for preference by virtue of customary
law,
(iii) any
amount in respect of which judgement has been obtained in the court or the
Petty Debts Court prior to the ten days immediately preceding the declaration,
(iv) parochial
rates due to any parish in the Island for a
period not exceeding two years;
(d) in
payment of all other debts proved in the “désastre”.
(2) The
debts referred to in sub-paragraphs (b) and (c) of paragraph (1) shall rank
equally between themselves and shall be paid in full, unless the property of
the debtor is insufficient to meet them, in which case they shall abate in
equal proportions between themselves.
(3) Debts
provable in the “désastre”, other than those referred to in
paragraph (2), shall be paid pari passu.
(4) Hypothecary
creditors shall be entitled to preference in the order of the date of creation
of their respective judicial or conventional hypothecs upon the proceeds of
sale of any corpus-fundi (“corps de bien-fonds”) upon which their
respective judicial or conventional hypothecs are secured.
(5) In
the event that the proceeds of sale of any corpus-fundi (“corps de
bien-fonds”) upon which any judicial or conventional hypothec is secured
shall be insufficient to meet in full the claim of any hypothecary creditor the
balance shall rank for payment pari passu
with all other debts proved under sub-paragraph (d) of paragraph (1).
(6) Where
any property of the debtor is subject to a security interest the proceeds of
sale of the collateral shall be applied in the manner provided by paragraph (6)
of Article 8 of the Security interests (Jersey) Law 1983.
(7) In
paragraphs (4) and (5), “(‘corps de bien-fonds’)” has
the meaning assigned to it by Article 1 of the “Loi (1880) sur la
propriété foncière”.
ARTICLE
33
Distribution of assets
The Viscount shall distribute the assets among the persons entitled
to receive them in accordance with their respective claims as provided by
Article 32 as soon as practicable and may from time to time pay interim
dividends for this purpose.
ARTICLE
34
Set off
Where there have been mutual credits, mutual debts or other mutual
dealings between the debtor and a creditor, an account shall be taken of what
is due from the one party to the other as at the date of the declaration in
respect of such mutual dealings, and the sum due from one party shall be set
off against any sum due from the other party, and the balance of the account,
and no more, shall be claimed or paid on either side respectively.
ARTICLE
35
Hire-purchase agreements
Where the debtor is in possession of goods by virtue of a
hire-purchase agreement, the Viscount may settle the debtor’s
indebtedness under such agreement if he considers that it would be in the
interests of the creditors to do so.
ARTICLE
36
Duty of Viscount to report to creditors and Judicial Greffier and pay
final dividend
(1) When
the Viscount has realised all the debtor’s property, or as much of it as
in the Viscount’s opinion can be realised without needlessly protracting
the “désastre”, the Viscount shall –
(a) supply
all creditors of the debtor and the Judicial Greffier with a report and
accounts relating to the “désastre”; and
(b) pay
whatever final dividend is due.
(2) Where
the debtor is a company registered under the “Loi (1861) sur les
Sociétés à Responsabilité Limitée” the Viscount shall notify the Judicial Greffier in
writing of the date of payment of the final dividend.
ARTICLE
37
Surplus of assets
(1) This
Article shall have effect where a surplus of assets remains after payment in
full of the provable debts and payment of the Viscount’s fees and
emoluments and all costs, charges, allowances and expenses incurred by or
payable by him in the “désastre”.
(2) The
Viscount may pay interest on all provable debts not bearing interest at such
rate as to him seems reasonable having regard to the circumstances of the
“désastre”.
(3) Where
interest is paid under this Article it shall be calculated from the date of the
declaration.
(4) The
Viscount shall serve notice on the debtor and creditors of the rate fixed by
him under paragraph (2).
(5) Where
any person to whom notice has been given is dissatisfied with the decision of
the Viscount he shall within twenty-one days of the date of such notice notify
the Viscount that he wishes application to be made to the court for a variation
of the decision, and the Viscount shall apply to the court for a date to be
fixed for the hearing of such applications.
(6) If
a surplus remains after payment in full of interest referred to in this Article
the Viscount shall pay the surplus to the debtor.
ARTICLE
38
Status of debtor following distribution of assets
(1) Until
an order of discharge under Article 41 takes effect –
(a) the
debtor shall not cease to be liable for any debts provable in the
“désastre” that are still outstanding;
(b) no
action for the recovery of a debt incurred during the course of the
“désastre” shall be taken against the debtor.
(2) Subject
to paragraph (3), where the debtor is a company registered under the “Loi
(1861) sur les Societés à Responsabilité
Limitée” it shall
be dissolved with effect from the date on which the Judicial Greffier receives
the notice under paragraph (2) of Article 36, which notice the Judicial
Greffier shall thereupon register in the Register of Limited Liability
Companies.
(3) Paragraph
(2) shall not apply where the Attorney General has notified the Judicial
Greffier that criminal proceedings have been instituted or are pending against
the company.
PART IX
DISCHARGE WHERE DEBTOR IS AN
INDIVIDUAL
ARTICLE
39
Application of Part IX
This Part applies to debtors who are individuals.
ARTICLE
40
Application by Viscount for order of discharge
(1) Subject
to paragraph (2), at the expiration of four years from the date of the
declaration the Viscount shall apply to the court for an order discharging the
debtor.
(2) The
Viscount, the debtor or a creditor of the debtor may apply to the court for an
order that the period referred to in paragraph (1) be reduced or extended.
ARTICLE
41
Order of discharge
(1) At
the hearing of any application for an order under paragraph (1) of Article 40,
the court may –
(a) grant
an immediate order;
(b) grant
an order subject to such conditions as it thinks fit, or suspend an order for
such time as it thinks fit;
(c) grant
an order with or without such conditions as it thinks fit to take effect at a
specified future date;
(d) refuse
to make an order.
(2) At
the hearing of an application for an order under paragraph (2) of Article 40,
the court shall make such order as it thinks fit.
(3) If
the court exercises its powers under sub-paragraph (d) of paragraph (1) the
Viscount, the debtor or a creditor of the debtor may from time to time apply
for an order under paragraph (1) of Article 40.
ARTICLE
42
Effect of order of discharge
(1) An
order of discharge shall release the debtor from all debts provable in the
“désastre” except the following –
(a) any
debt or liability incurred by means of fraud or fraudulent breach of trust to
which he was a party;
(b) any
debt or liability whereof he has obtained forbearance by any fraud to which he
was a party.
(2) The
prohibitions imposed by Article 24 and the provisions of Article 25 shall, as
from the date at which an order under Article 41 takes effect, cease to apply
to the debtor.
PART X
ADDITIONAL POWERS OF COURT WHERE
DEBTOR IS A COMPANY
ARTICLE
43
Disqualification of directors
(1) Where
during the course of the “désastre” in respect of a company
it appears to the Attorney General that it is expedient in the public interest
that a director of that company should not be a director of or in any way,
whether directly or indirectly be concerned or take part in the management of a
company, the Attorney General may apply to the court for an order to be made to
that effect against that director.
(2) The
court may make an order against a director where, on an application under this
Article, the court is satisfied that his conduct in relation to the company
makes him unfit to be concerned in the management of a company.
(3) An
order under paragraph (2) shall be for such period not exceeding five years as
the court thinks fit.
(4) If
a person acts in contravention of an order made under this Article he is guilty
of an offence and liable to imprisonment for a term not exceeding two years or
to a fine or both.
ARTICLE
44
Personal liability for company’s debts where person acts
while disqualified
(1) A
person who acts in contravention of an order made under Article 43 is
personally responsible for such debts and other liabilities of the company as
are incurred at a time when that person was involved in the management of the
company.
(2) Where
a person is personally responsible under paragraph (1) for debts and other
liabilities of a company he is jointly and severally liable in respect of the
debts and liabilities with the company and any other person who is so liable.
(3) For
the purposes of this Article, a person is involved in the management of a
company if he is a director of the company or if he is concerned, whether
directly or indirectly, or takes part, in the management of the company.
ARTICLE
45
Responsibility of persons for company’s wrongful trading
(1) Subject
to paragraph (3), if during the course of the “désastre” in
respect of a company it appears that paragraph (2) applies in relation to a
person who is or has been a director of the company, the court, on the application
of the Viscount may, if it thinks it proper to do so, order that that person be
personally responsible, without any limitation of liability, for all or any of
the debts or other liabilities of the company arising after the time referred
to in paragraph (2).
(2) This
paragraph applies in relation to a person if –
(a) at
some time before the date of the declaration that person –
(i) knew
that there was no reasonable prospect that the company would avoid a
declaration, or
(ii) on
the facts known to him was reckless as to whether the company would avoid a
declaration; and
(b) that
person was a director of the company at that time.
(3) The
court shall not make an order under paragraph (1) with respect to any person if
it is satisfied that after either condition specified in sub-paragraph (a) of
paragraph (2) was first satisfied in relation to him that person took
reasonable steps with a view to minimising the potential loss to the
company’s creditors.
(4) On
the hearing of an application under this Article, the Viscount may himself give
evidence or call witnesses.
PART XI
ABOLITION OF CERTAIN CUSTOMARY LAW
CONCEPTS
ARTICLE
46
Norman Customary Dower
The dower, known as Norman Customary Dower, is abolished.
ARTICLE 47
“Désastre
maritime”
Any customary rule of law providing for a “désastre
maritime” and for the order of payment of debts in such a
“désastre” is abolished.
PART XII
MISCELLANEOUS AND SHORT TITLE
ARTICLE
48
Assistance for other courts in insolvency matters
(1) The
court shall assist the courts of such countries and territories as may be
prescribed in all matters relating to the insolvency of any person to the
extent that it thinks fit.
(2) For
the purposes of paragraph (1), a request from a court of a prescribed country
or territory for assistance shall be sufficient authority for the court to
exercise, in relation to the matters to which the request relates, any
jurisdiction which it or the requesting court would exercise in relation to
these matters if they otherwise fell within its jurisdiction.
(3) In
exercising its discretion for the purposes of this Article the court shall have
regard in particular to the rules of private international law.
ARTICLE
49
Registration in the Public Registry
The Judicial Greffier shall register in the Public Registry all
Acts and orders affecting immovable property made under this Law.
ARTICLE
50
Repeal and consequential amendments
(1) The
“Loi (1867) au sujet des débiteurs et créanciers” is
repealed.
(2) The
enactments specified in the first column of the Schedule shall be amended to
the extent and in the manner set out in the second column thereof.
ARTICLE
51
Short title and commencement
This Law may be cited as the Bankruptcy (Désastre) (Jersey)
Law 1990 and shall come into force on such day as the States may by Act
appoint.
E.J.M. POTTER
Greffier of the States.
SCHEDULE
(Article 50(2))
Consequential amendments
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First column
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Second column
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“Loi (1839) sur les remises de biens”
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In Article 7 the words “de la déclaration de biens en
désastre ou” shall be deleted.
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In Article 8 the words
“d’une déclaration de désastre” shall be
deleted.
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“Loi (1880) sur la propriété foncière”
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In paragraph (2) of Article 2 after the words “En cas de
décret ou de dégrèvement de l’héritage
hypothéqué” there shall be inserted the words
“(sauf dans le cas où les biens du débiteur ont
été déclarés en désastre)”.
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In Article 7 –
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(a)
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for the words – “soit
du jour” to the end of the sentence there shall be substituted the
words “du jour du décès du mari”;
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(b)
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for the words “Lorsque
l’hypothèque de la veuve” to the end of the sentence there
shall be substituted the words “Les pièces insérables
seront l’extrait du décès du mari”.
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In Article 52 the words “avant l’expiration du délai
fixé pour l’évocation des causes” shall be deleted.
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“Loi (1904) (Amendement No. 2) sur la propriété
foncière”
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Article 9 shall be repealed.
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In Article 10 for the words
“S’il n’y a pas eu de désastre préalable,
l’Attourné” there shall be substituted the words
“L’Attourné”.
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Interpretation (Jersey) Law 1954
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Sub-paragraph (e) of Article 13
shall be repealed.
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