Jersey Law 12/1990
EMERGENCY POWERS AND PLANNING (JERSEY) LAW 1990
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A LAW to
constitute an Emergencies Council, to prescribe its functions and powers, to
provide generally for planning in case of emergencies and to re-enact with
amendments the provisions relating to the declaration of a state of emergency,
sanctioned by Order of Her Majesty in Council of the
24th day of JULY 1990
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(Registered on the 21st day of September 1990)
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STATES OF JERSEY
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The 8th day of May
1990
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THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law –
PART 1
ARTICLE
1
Emergencies Council
(1) There
shall be constituted an Emergencies Council (hereinafter in this Law referred
to as “the Council”) to be composed of –
(a) the
Bailiff, who shall be Chairman;
(b) the
Presidents of the Defence Committee, Harbours and Airport Committee, the Public
Services Committee, the Public Health Committee, the Agriculture and Fisheries
Committee and the Tourism Committee;
(c) a
Connétable nominated by the Committee of Connétables.
(2) The
Lieutenant Governor and the Attorney General shall be entitled to attend and be
heard at any meeting of the Council.
ARTICLE
2
Functions of Council
(1) The
Council shall co-ordinate the planning, organisation and implementation
generally of measures which are designed to guard against, prevent, reduce,
mitigate or overcome the effects or possible effects of any happening, event or
circumstance that causes or may cause loss of life or injury or distress or
hardship to persons or that in any way endangers or may endanger the health or
safety of the community or that in any way threatens to deprive the community
of the necessities of life.
(2) In
this Article, “the community” includes a substantial proportion of
the community and the expression “happening, event or circumstance”
means any happening, event or circumstance which has occurred, is occurring or
which may occur in the future.
ARTICLE
3
Emergency Planning Officer
There shall be appointed an officer to be known as “the
Emergency Planning Officer” who shall perform such duties as may from
time to time be imposed on him by the Council.
ARTICLE
4
Designation of competent authorities
The Council may by Act designate any Committee of the States as a
competent authority in relation to any Article of this Law.
ARTICLE
5
Power of competent authority in relation to fuel and electricity
(1) A
competent authority may by Order provide for securing, regulating or
prohibiting any one or more of the following, that is to say –
(a) the
production, supply or distribution of fuel and electricity;
(b) the
acquisition of fuel and electricity;
(c) the
use of fuel and electricity;
(d) the
price at which fuel may be supplied.
(2) Any
provision made by an Order under paragraph (1) of this Article may be made in
relation to fuel generally or in relation to any particular description of fuel
and, in either case, may be made with respect to the supply, distribution,
acquisition or use of fuel or of the description of the fuel in question, for
all purposes or for any particular purpose specified in the Order.
(3)
An Order under paragraph (1) of
this Article may empower a competent authority to give directions to –
(a) any
persons carrying on business as a producer of fuel or electricity, as to the
production and use thereof;
(b) any
person carrying on business as a supplier of fuel or electricity, as to the
supply by him thereof; and
(c) any
person carrying on a business involving the use of fuel or electricity, as to
the use by him thereof for the purposes of that business.
(4) Without
prejudice to the generality of paragraph (2) of this Article –
(a) a
direction under sub-paragraph (a) of paragraph (3) of this Article may prohibit
or restrict the use of any material for the production of fuel or electricity
and may extend to the disposal of stocks of any such material;
(b) a
direction under sub-paragraph (b) of paragraph (3) of this Article may prohibit
or restrict the supply of fuel or electricity to persons specified in the
direction or to persons other than those so specified and, if the fuel is
petroleum or a substance derived from petroleum, at such prices as may be so
specified; and
(c) a
direction under sub-paragraph (c) of paragraph (3) of this Article may prohibit
or restrict the use of fuel or electricity for such purposes or during such
periods as may be specified in the direction or for purposes or during periods
other than those so specified.
(5) Any
person supplying or using fuel or electricity may, if authorised to do so by a
competent authority by any general or special authority granted for the
purpose, and while acting in accordance with that authority, disregard or fall
short in discharging any obligation imposed by or under any enactment, or any
contractual obligation, relating to or involving the supply or use of that
substance.
(6) At
any time while an Order under paragraph (1) of this Article is in force, a
competent authority may grant a general or special authority for the doing,
during the whole or any part of the period for which the Order is in force, of
all or any of the things mentioned in the following paragraphs and a person
acting under and in accordance with such an authority may then –
(a) use,
or cause or permit the use of, any motor vehicle on any route as an omnibus
without any licence, permit, agreement or consent otherwise required and
notwithstanding in particular that a licence has not been granted to the
operators of the motor vehicle to operate an omnibus on the route in question
in accordance with the provisions of the Motor Traffic (Jersey) Law 1935, as
amended;
(b) drive
a public service vehicle without being licensed so to do under the said Law.
(7) A
competent authority may by Order make provision for modifying or excluding any
obligation or restriction imposed, or extending any power conferred, by or
under any enactment which directly or indirectly affects the supply or use of
fuel or electricity.
(8) A
competent authority shall not make an Order under this Article except after
consultation with the Jersey Electricity Company Limited or such other persons
carrying on business as a producer, supplier or distributor of fuel, as appears
to the competent authority to be appropriate.
ARTICLE
6
Powers of competent authority in relation to gas
Where a competent authority is satisfied, after consultation with
the Jersey Gas Company Limited, that the supply of gas is for any reason
threatened, a competent authority may, take such steps as it thinks necessary
or desirable to secure or maintain the supply and, for this purpose, a
competent authority may by Order provide for –
(a) maintaining
or making the best use of supplies of gas available for distribution;
(b) conserving
and making the best use of supplies of fuel or other material available for the
manufacture of gas;
(c) preserving
public safety;
(d) the
suspension or modification of any restriction or obligation imposed on the
Company by or under any enactment or any contractual obligation.
ARTICLE 7
Powers of competent authority in relation to food
(1) A
competent authority may by Order provide for securing, regulating or
prohibiting any one or more of the following, that is to say –
(a) the
supply or distribution of food;
(b) the
acquisition of food;
(c) the
price at which food may be supplied.
(2) Any
provision made by an Order under paragraph (1) of this Article may be made in
relation to food generally or in relation to any particular description of food
and, in either case, may be made with respect to the supply, distribution or
acquisition of food, or of the description of food in question, for all
purposes or for any particular purposes specified in the Order.
(3) Without
prejudice to the provisions of this Article, an Order under paragraph (1) of
this Article may empower a competent authority to give to any person carrying
on business as a supplier of food directions as to the persons to whom he is to
supply any such food as may be specified in the directions in accordance with
such requirements as may be so specified or may, to such extent as may be
specified in the directions, prohibit the supply of food to persons so
specified.
(4) Where
any food is supplied to any person in pursuance of directions under paragraph
(3) of this Article, that person shall pay such price in respect of the food as
may be reasonable.
(5) In
this Article, “food” includes every article used for human food or
drink, other than drugs or water, any article which ordinarily enters into or
is used in the composition or preparation of human food, any flavouring matter
or condiments and all feeding stuffs for animals whether natural, artificial,
dried or undried.
ARTICLE
8
Powers of competent authority in relation to water
(1) Where
a competent authority is satisfied that a serious deficiency of water exists,
or is likely to exist, in the Island or in any area thereof, the authority may
take such steps as it thinks necessary or desirable to remedy the deficiency
and, for this purpose, may by Order –
(a) control,
regulate, limit or prohibit the collection, abstraction, use or consumption of
any water from any source either on the surface or underground;
(b) control,
regulate, limit or prohibit the construction or alteration of any work for the
collection or abstraction of any water from any source either on the surface or
underground;
and, after consultation with The Jersey New Waterworks Company
Limited –
(c) control,
regulate, limit or prohibit the supply of water by the Company;
(d) control,
regulate, limit or prohibit the use or consumption of any water supplied by the
Company;
(e) give
directions to the Company with respect to any matter prescribed in the Order;
(f) suspend
or modify any restriction or obligation to which the Company is subject under
the Water (Jersey) Law 1972, as
amended.
(2) Any
Order made under this Article may apply generally throughout the Island, to
specific areas of the Island, to persons or consumers generally or to a
specific class of person or consumer.
(3) The
provisions of any Order made under this Article are in addition to, and not in
substitution for, the provisions of the Water (Jersey) Law 1972,2 as amended3 and any
enactment made thereunder.
ARTICLE 9
Documents and
information
For the purposes of enforcing any of the provisions of any Order
made under Article 5, 6, 7 or 8 of this Law, a competent authority may, by
directions given with respect to any undertaking, or Order made with respect to
any class of undertaking, require the person carrying on the undertaking or
persons carrying on undertakings of that class –
(a) to
keep such books, accounts and records as may be required by the directions or
Order or by a notice served under the Order;
(b) to
furnish, at such times, in such manner and in such form as may be so required,
such estimates, returns or information required.
Part II
ARTICLE 10
State of emergency
(1) If
at any time it appears to the Lieutenant Governor that there have occurred, or
are about to occur, either inside or outside the Island, events of such a
nature as to threaten the national defence or the safety of the community, the
Lieutenant Governor may, after formal consultation with the Council, declare
that a state of emergency exists.
(2) Where
the Lieutenant Governor has declared a state of emergency to exist he shall
forthwith inform the Bailiff of that fact and the Bailiff shall, as soon as may
be, communicate the information to the States and shall, for the purpose,
convene the States for such day as he may appoint, being a day not more than
three days after the making of the declaration, unless the States have already
been convened to meet within that period.
(3) No
such declaration shall remain in force for more than thirty days, but the
Lieutenant Governor may make a further declaration at or before the end of that
period.
(4) Where
the Lieutenant Governor has declared a state of emergency to exist, and so long
as the declaration is in force, it shall be lawful for the Council to make
Orders for securing the essentials of life to the community and those Orders
may confer or impose on the Council or any competent authority, and on any body
or person, such powers and duties as the Council may deem necessary for the
preservation of the peace, for securing and regulating the supply and
distribution of food, water, fuel, light and other necessities, for maintaining
the means of transit or locomotion and for any other purposes essential to the
public safety and the health or life of the community and make such provisions
incidental to the powers aforesaid (including the making by the States of
compensation) as may appear to the Council to be required for making the
exercise of those powers effective.
Part III
ARTICLE 11
Provisions as to Orders, directions and Acts
(1) Any
Order made under this Law may confer or impose on any body or person such
powers and duties as the Council or a competent authority may deem necessary to
give effect generally to the provisions of this Law or any Order made
thereunder.
(2) Any
Order made under this Law may include such incidental and supplementary
provisions as the Council or a competent authority may think necessary or
expedient to include.
(3) Any
Order made under this Law may make such provisions including provision for
requiring any person to furnish any information as the Council or a competent
authority thinks necessary or expedient for facilitating the introduction or
operation of a scheme of control for which provision has been made, or for
which, in the opinion of the Council or a competent authority, it will or may
be found necessary or expedient that provision should be made.
(4) Any
Order made under this Law may prohibit the doing of anything regulated by the
Order except under the authority of a licence granted by such authority or
persons as may be specified in the Order, and may be made so as to apply either
to persons or undertakings generally or to any particular person or undertaking
or class or description of persons or undertakings.
(5) Any
power conferred by any Article of this Law to give any direction shall be
construed as a power, exercisable in like manner and subject to the like
conditions, if any, to revoke or vary the direction.
(6) No
Order made under this Law shall –
(a) impose
any form of compulsory military service or industrial conscription;
(b) impose
penalties on any person for taking part in a strike or peacefully persuading
any other person to take part in a strike.
(7) No
Order shall be made under this Law unless it has been approved by the Council
and no such Order shall remain in force for more than three months, without
prejudice to the right to renew such Order.
(8) The
Subordinate Legislation (Jersey) Law, 1960, shall
apply to any Order and any Act made under this Law.
ARTICLE
12
Conflict with customary law
For the avoidance of doubt, it is hereby declared that if, in the
implementation of this Law and any Order made thereunder, any conflict arises
between any rule of customary law and this Law or any such Order, then the
provisions of this Law or any such Order shall prevail.
ARTICLE
13
Production of documents
(1) For
the purposes of –
(a) securing
compliance with any Order made or direction given under this Law; or
(b) verifying
any estimates, returns or information furnished in connexion with this Law or
any Order made or direction given thereunder;
any person duly authorised in that behalf by the Council or a
competent authority may, on producing, if so required, evidence of his
authority, require any person carrying on an undertaking or employed in
connexion with an undertaking to produce to the authorised person forthwith any
documents relating to the undertaking which that authorised person may
reasonably require for the purposes set out in this paragraph.
(2) The
power conferred by this Article to require any person to produce documents
shall include power –
(a) if
the documents are produced –
(i) to
take copies of them or extracts from them; and
(ii) to
require that person, or in the case of a body corporate, any person who is a
present or past officer of, or is employed by, the body corporate to provide an
explanation of any of them;
(b) if
the documents are not produced, to require the person who was required to
produce them to state to the best of his knowledge and belief where they are.
(3) If
any requirement to produce documents or provide an explanation or make a
statement which is imposed by virtue of this Article is not complied with, the
person on whom the requirement was so imposed shall be guilty of an offence:
Provided that where a person is charged with an offence under this
Article in respect of a requirement to produce any document, it shall be a
defence to prove that they were not in his possession or under his control and
that it was not reasonably practicable for him to comply with the requirements.
(4) If
the Bailiff is satisfied on information on oath laid on behalf of the Council
or a competent authority, that there are reasonable grounds for suspecting that
there are on any premises any documents of which production has been required
by virtue of paragraph (3) of this Article and which have not been produced in
compliance with that requirement, the Bailiff may issue a warrant authorising
any police officer, together with any other persons named in the warrant, to
enter the premises specified in the information, using such force as is
reasonably necessary for the purpose, and to search the premises and take
possession of any documents appearing to be such documents aforesaid, or to
take in relation to any documents so appearing any other steps which may appear
necessary for preserving them and preventing interference with them.
(5) Every
warrant issued under this Article shall continue in force for thirty days after
the date on which it is issued.
(6) Any
documents of which possession is taken under this Article may be retained for ninety
days or, if within that period there are commenced any proceedings for an
offence against this Law to which they are relevant, until the conclusion of
those proceedings.
ARTICLE
14
Notices, authorisations and proof of documents
(1) Any
notice required or authorised by or under this Law to be served on a
corporation shall be duly served if it is served on the secretary or clerk of
the corporation.
(2) Any
notice required or authorised by or under this Law to be served on any person
may be served either –
(a) by
delivering it to that person; or
(b) by
sending it by registered post or the recorded delivery service addressed to him
at his usual place of abode or place of business.
(3) Any
permit, licence, permission or authorisation granted for the purposes of this
Law or any Order made thereunder may be revoked at any time by the competent
authority or person empowered to grant it.
(4) Every
document purporting to be an instrument made or issued by the Council or any
competent authority or person in pursuance of this Law or any Order made under
this Law and to be signed on behalf of the Council or that competent authority
or person shall be received in evidence and shall until the contrary is proved,
be deemed to be an instrument made or issued by the Council or that competent
authority or person.
ARTICLE
15
False documents and false statements
(1) Any
person who, with intent to deceive –
(a) uses
any document issued for the purposes of this Law or any Order made thereunder;
or
(b) has
in his possession any document so closely resembling such a document as
aforesaid as to be calculated to deceive; or
(c) produces,
furnishes, sends or otherwise makes use of, for purposes connected with this
Law or any Order made thereunder any book, account, estimate, return,
declaration or other document which is false in a material particular;
shall be guilty of an offence.
(2) Any
person who, in furnishing any information for the purposes of this Law or of
any Order made thereunder, makes any statement which he knows to be false in a
material particular, or recklessly makes any statement which is false in a
material particular, shall be guilty of an offence.
ARTICLE
16
Restriction on disclosing information
No information obtained under or by virtue of this Law or of any
Order made thereunder shall be disclosed, otherwise than in connexion with the
execution of this Law or of any such Order, or for the purposes of any criminal
proceedings, or of a report of any criminal proceedings and any person who
discloses any such information in contravention of this Article shall be guilty
of an offence.
ARTICLE
17
Offences by corporations
Where an offence against this Law committed by a 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 any director, manager, agent, secretary or other
similar officer of the body corporate or any person who was purporting to act
in such a capacity, he as well as the body corporate, shall be guilty of that
offence and liable to be proceeded against and punished accordingly.
ARTICLE
18
Offences and penalties
(1) Any
person who –
(a) contravenes
or fails to comply with any Order made, directions given or requirements
imposed under this Law; or
(b) wilfully
obstructs any person exercising a power or performing a duty conferred or
imposed on him under this Law;
shall be guilty of an offence.
(2) Any
person who attempts to commit, conspires with any other person to commit, or
does any act or makes any statement preparatory to the commission of, an
offence against this Law shall be guilty of an offence.
(3) Any
person guilty of an offence against this Law shall be liable to imprisonment
for a term not exceeding two years or to a fine.
ARTICLE
19
Short title and repeal
(1) This
Law may be cited as the Emergency Powers and Planning (Jersey) Law 1990.
(2) The
Emergency Powers (Jersey) Law 1964 is hereby
repealed.
E.J.M. POTTER
Greffier of the States.