L.16/2003
Interpretation
(Amendment) (Jersey) Law 2003
A LAW to amend further the
Interpretation (Jersey) Law 1954.
Adopted by the
States 12th November 2002
Sanctioned by
Order of Her Majesty in Council 27th February 2003
Registered by the
Royal Court 21st
March 2003
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1
In this Law, “the principal Law” means the Interpretation (Jersey) Law 1954, as
amended.[1]
2
In Article 1 of the principal Law[2] –
(a) in
paragraph (5), after the word “expressed” there shall be inserted
the words “or construed as being expressed”;
(b) after
paragraph (5), there shall be added the following paragraphs –
“(6) Where an enactment, whenever
passed or made, is expressed to come into operation forthwith or is silent as
to the time at which it is to come into operation, the enactment shall be
construed as being expressed to come into operation on the day on which it was
passed or made.
(7) Where the time at which an enactment,
whenever passed or made, is to come into operation is expressed or calculated
by reference to its promulgation, and the date of promulgation is unknown, that
date shall be deemed to be the day the enactment was passed or made.”.
3
For Article 4 of the principal Law[3] there shall be substituted
the following Articles –
(1) The definitions in Part 1 of the Schedule
shall, unless the contrary intention appears, apply to every enactment,
whenever passed or made.
(2) Part 2 of the Schedule shall have effect
only as an index of definitions in other enactments which are of extended
application.
In an enactment, unless the
context otherwise requires, the name commonly applied to a country, place,
body, administration, corporation, society, officer, functionary, person, party
or thing shall mean the country, place, body, administration, corporation,
society, officer, functionary, person, party or thing to which the name is
commonly applied, whether or not the name is the formal or unabbreviated
designation thereof.”.
4
In Article 5 of the principal Law,[4] after paragraph (2) there
shall be added the following paragraph –
“(3) Where an enactment which has
been amended by any other enactment is repealed, such repeal shall, unless the
contrary intention appears, include the repeal of all those provisions of other
enactments by which the first-mentioned enactment was amended.”.
5
Articles 6, 7, 8, 9, 10 and 11 of the principal Law[5] shall be repealed.
6
After Article 13 of principal Law[6] there shall be inserted the
following Article –
“13A Construction
of references to enactments
(1) A reference in a Law to a Part, Article or
Schedule by number only and without further identification is a reference to
the Part, Article or Schedule of that number in that Law.
(2) A reference in an Article or other division
of a Law to a paragraph, sub-paragraph,
clause or sub-clause by number or letter only and without further
identification is a reference to the paragraph, sub-paragraph, clause or
sub-clause of that number or letter in the Article or other division of that
Law.
(3) Unless the context otherwise requires, a
reference in a Law to an enactment is a reference to that enactment as amended
from time to time and includes a reference to that enactment as extended or
applied under another enactment, including another provision of that Law.
(4) This Article shall apply, with the
necessary changes, to a subordinate enactment as it applies to a Law.
(5) This Article shall apply to all enactments,
including this Law, whenever passed or made.
(6) In this Article, “subordinate
enactment” means an enactment passed or made under a Law or under the
authority of an Order in Council.”.
7
At the end of Article 15 of the principal Law[7] there shall be added the
following paragraph –
“(4) Where an enactment passed
after the Interpretation (Amendment) (Jersey) Law 2003 comes into force confers
a power to make any other enactment, the power may, unless the contrary
intention appears, be exercised –
(a) either in relation to all cases to which the
power extends, or in relation to all those cases subject to specified exceptions,
or in relation to any specified cases or classes of case; and
(b) so as to make, as respects the cases in
relation to which it is exercised –
(i) the
full provision to which the power extends or any lesser provision (whether by
way of exception or otherwise),
(ii) the
same provision for all cases in relation to which the power is exercised, or
different provision for different cases or classes of case, or different
provision as respects the same case or class of case for different purposes of
the enactment,
(iii) any
such provision either unconditionally or subject to any specified
condition.”.
8
After Article 16 of the principal Law[8] there shall be inserted the
following Articles –
“16A Construction
of penalties for offences
“(1) Where, in an enactment, a
penalty is specified in respect of an offence, unless the contrary intention
appears, the offence shall be punishable by a penalty not exceeding the penalty
specified.
(2) Where a penalty for an offence is a fine and
the amount of the fine or a level on the standard scale is not specified, the
fine shall be construed as a fine of an unlimited amount.
(3) Where, in an enactment, more than one
penalty is specified for an offence, the use of the word “and”
shall, unless the contrary intention appears, mean that the penalties may be
imposed alternatively or cumulatively.
(4) This Article shall apply to all enactments,
whenever passed or made.
Where a form is prescribed or
specified by an enactment, deviations from that form not materially affecting
the substance nor likely to mislead shall not invalidate the form used.”.
9
At the end of the principal Law[9] there shall be added the
Schedule set out in the Schedule to this Law.
10
This Law may be cited as the Interpretation (Amendment) (Jersey) Law
2003 and shall come into force on the seventh day following its registration.
A.H.
Harris
Deputy Greffier of the States.
SCHEDULE
(Article 9)
The definitions referred to
in Article 4(1) are –
“act” includes omission;
“affidavit” shall, in the case of a person for the time being allowed by
law to affirm or declare instead of swearing, include affirmation and declaration;
“amend” shall include ‘add to’,
‘substitute’, ‘vary’, ‘repeal’ and
‘revoke’;
“advocate” shall mean a person admitted to the Bar as an advocate of
the Royal Court;
“Bailiwick” shall mean the Island of Jersey and its dependencies;
“British
Islands” shall mean the United Kingdom,
the Channel Islands and the Isle of Man;
“consular
officer” shall include consul-general,
consul, vice-consul, consular agent, and any person for the time being
authorized to discharge the duties of consul-general, consul or vice-consul;
“contravene”, in relation to any requirement or condition prescribed in
an enactment or in a grant, permit, lease, licence or other authority under an
enactment, includes a failure to comply with that requirement or condition;
“dentist” shall mean a person registered as a dentist under the Dentists (Registration) (Jersey) Law 1961;[10]
“doctor” shall mean a person registered as a medical practitioner
under the Medical Practitioners
(Registration) (Jersey) Law 1960;[11]
“Island” shall mean the Island of Jersey and its dependencies;
“Jersey” shall mean the Island of Jersey and its dependencies;
“land” shall include houses and other buildings;
“Magistrate” shall mean the Juge
d’Instruction appointed in pursuance of the ‘Lois (1864 à 2000) concernant la charge de
Juge d’Instruction’[12] and includes any person
exercising the functions of the Juge
d’Instruction;
“midnight”, in relation to a day, shall mean the last moment of that
day;
“misdemeanour” shall mean a délit;
“month” shall mean a calendar month;
“oath” shall, in the case of a person for the time being allowed by
law to affirm or declare instead of swearing, include affirmation and
declaration;
“person” shall include any body of persons corporate or
unincorporated;
“Petty
Debts Court” shall mean the Court known as
the Cour pour le Recouvrement de Menues
Dettes constituted in pursuance of the Loi
sur la Cour pour le Recouvrement de Menues Dettes,[13] confirmed by Order of Her
Majesty in Council of the ninth day of May 1891;
“pharmacist” shall mean a person registered as a pharmacist under the Pharmacy, Poisons and Medicines (Jersey) Law 1952;[14]
“police
officer” shall mean a member of the
Honorary Police or a member of the States of Jersey Police Force;
“pound”, in relation to money, shall mean pound sterling;
“registered
contract” shall mean a contract registered
in the Public Registry of Contracts;
“solicitor” shall mean an écrivain
of the Royal Court;
“swear” shall, in the case of a person for the time being allowed by
law to affirm or declare instead of swearing, include affirm and declare;
“under”, in relation to an enactment, shall include
‘by’, ‘in accordance with’, ‘pursuant to’
and ‘by virtue of’;
“veterinary
surgeon” means a person whose name is for
the time being entered, in accordance with Article 6 of the Veterinary Surgeons (Jersey) Law 1999,[15] on the list of recognized
veterinary surgeons maintained under that Article;
“will” shall include codicil;
“word” shall include a letter, numeral or other symbol;
“writing” and expressions referring to writing shall be construed as
including references to printing, lithography, photography and other modes of
representing or reproducing words in a visible form;
“Youth
Court” shall mean the court established by
Article 11 of the Criminal Justice (Young
Offenders) (Jersey) Law 1994.[16]
Expression
defined
|
Enactment
|
A reference, however worded, to the territorial sea adjacent to
the Island.
|
Article 2 of the Territorial
Sea (Consequential Provisions) (Jersey) Law 1994.[17]
|
“Full age”, “the age of majority”,
“the age of legal capacity”, “infant”,
“minor” and similar expressions (including such expressions
rendered in the French language).
|
Article 3 of the Age of
Majority (Jersey) Law 1999.[18]
|
“Magistrate’s Court” and “Police
Court”.
|
Article 3 of the Police Court
(Change of Name) (Jersey) Law 1996.[19]
|
A reference to a level on the standard scale or to a niveau du
tarif uniforme.
|
Article 2 of the Criminal
Justice (Standard Scale of Fines) (Jersey) Law 1993.[20]”.
|
[1] Tome VIII, page
377, Volume 1990-1991, pages 90 and 1088 and Volume 1996-1997, page 489.
[5] Tome VIII, pages
380 and 381 and Volume 1996-1997, page 489.
[6] Tome VIII, page
382 and Volume 1990-1991, pages 90 and 1088.
[10] Volume 1961-1962, page 135, Volume 1982-1983, page 143
and Volume 1992-1993, page 243.
[11] Tome VIII, page 829 and Volume 1992-1993, page 267.
[12] Tomes I-III, page 303, Volume 1968-1969, page 343, Volume
1992-1993, page 443 and Volume 2000, page 751.
[13] Tomes IV-VI, page 102, Volume 1966-1967, page 430, Volume
1984-1985, page 5, Volume 1992-1993, page 242, Volume 2000, page 760 and
R&Os 5014
and 6435.
[14] Tome VIII, page 111, Volume 1994-1995, page 579, Volume 1999,
page 418 and Volume 2001, page 6.
[15] Volume 1999, page 98.
[16] Volume 1994-1995, page 35, Volume 1999, pages 429, 435
and 516, Volume 2001, page 48 and R&O 8859.
[17] Volume 1994-1995, page 166.
[18] Volume 1999, page 430.
[19] Volume 1996-1997, page 487.
[20] Volume 1992-1993, page 435 and Volume 1998, page 715.