Proceeds of Crime
(Amendment No. 2) (Jersey) Law 2009
A LAW to amend further the Proceeds
of Crime (Jersey) Law 1999.
Adopted by the
States 12th September 2008
Sanctioned by
Order of Her Majesty in Council 18th March 2009
Registered by the
Royal Court 3rd April 2009
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law “principal Law” means the Proceeds of Crime
(Jersey) Law 1999[1].
2 Article
1 amended
In Article 1(1) of the principal Law there shall be inserted
the following definitions in the appropriate places –
“ ‘designated
police officer’ means a police officer who is designated under
Article 34E(1) or, if no one is for the time being designated, the Chief
Officer of the States of Jersey Police Force;”;
“ ‘designated
customs officer’ means an officer of the Impôts who is designated
under Article 34E(2) or, if no one is for the time being designated, the
Agent of the Impôts.”.
3 Article
29 amended
For Article 29(1) of the principal Law there shall be
substituted the following paragraph –
“(1) Information that is
disclosed –
(a) to a police officer under –
(i) any
of Articles 32, 33 or 34A, or
(ii) any
Order made under Article 37; or
(b) to a designated police officer or designated
customs officer,
shall not be disclosed by
that officer or by any person who obtains information directly or indirectly
from that officer, unless its disclosure is permitted under Article 30 or 31.”.
4 Article
34D amended
In Article 34D of the principal Law –
(a) in
the heading and in paragraphs (4) and (9) for the words “police officer
or to a” there shall be substituted the words “designated police
officer, designated customs officer or”;
(b) for
paragraph (7) there shall be substituted the following
paragraphs –
“(7) In deciding whether a person
has committed an offence under this Article, the court –
(a) shall take account of any relevant Code of
Practice or guidance that applies to that person or the business carried on by
that person and is issued by the supervisory body exercising supervisory
functions in respect of that person; or
(b) if no such Code of Practice or guidance
applies, shall take into account any relevant Code of Practice or guidance that
is issued by another supervisory body; or
(c) if there is no such relevant Code of
Practice or guidance, may take account of any other relevant guidance issued by
a body that is representative of that person or any supervised business carried
on by that person.
(7A) For the purposes of paragraph (7), ‘Code of
Practice’, ‘supervised business’, ‘supervisory
body’ and ‘supervisory functions’ have the same meaning as in
the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008[2].”.
5 Article
34E inserted
After Article 34D of the principal Law there shall be inserted
the following Article –
“34E Designated
police and customs officers
(1) The Chief Officer of the States of Jersey
Police Force may by public notice designate one or more police officers (whether
by reference to the name of the officer or officers or post), being members of
that Force, for the purposes of Article 34D.
(2) The Agent of the Impôts may by public
notice designate one or more officers of the Impôts for the purposes of
Article 34D.”.
6 Article
35 amended
In Article 35(2)(a) and (3)(a) of the principal Law after the
words “has been” there shall be inserted the words “or will
be”.
7 Schedule
3 amended
In Schedule 3 to the principal Law –
(a) in
Part 1 paragraph 1(1) for the words “a financial services
business to which” there shall be substituted the words “ a person
carrying on a financial services business to whom”;
(b) for
Part 1 paragraph 1(2) there shall be substituted the following
sub-paragraph –
“(2) An order under this Part of
this Schedule may provide that it applies to –
(a) all persons carrying on a financial services
business;
(b) a particular description, or particular
descriptions, of persons carrying on a financial services business; or
(c) a particular person, or particular persons,
carrying on a financial services business.”;
(c) in
Part 1 paragraph 1(4) for the words “A financial services
business that” there shall be substituted the words “ A person
carrying on a financial services business who”;
(d) for
Part 1 paragraph 1(5) there shall be substituted the following
sub-paragraph –
“(5) It is a defence for a person
carrying on a financial services business who is charged with an offence under
sub-paragraph (4) to prove –
(a) that the information required was not in the
possession of the person carrying on the financial services business; or
(b) that it was not reasonably practicable for
the person carrying on the financial services business to comply with the
requirement.”;
(e) in
Part 1 paragraph 1(6) for the words “a financial services
business that” there shall be substituted the words “A person
carrying on a financial services business who”;
(f) for
Part 1 paragraph 6(2) there shall be substituted the following
sub-paragraph –
“(2) For the purposes of this Part
of this Schedule ‘business relationship’ means a business,
professional or commercial relationship between a person carrying on a
financial services business and a customer where that relationship is expected
by the first person, at the time when contact is established, to have an
element of duration.”;
(g) for
Part 2 paragraph 1(3) there shall be substituted the following
sub-paragraph –
“(3) The application for an
account monitoring order must state that the order is sought against the person
specified in the application carrying on a financial services business in
relation to information which –
(a) relates to an account or accounts held with
the person carrying on a financial services business by the person specified in
the application (whether solely or jointly with another); and
(b) is of the description so specified.”;
(h) for
Part 2 paragraph 1(4)(a) there shall be substituted the following
clause –
“(a) all accounts that the person
specified in the application for the order holds with the other person specified
in the application carrying on the financial services business;”;
(i) in
Part 2 paragraph 1(5) for the words “the financial services
business specified in the application for the order” there shall be
substituted the words “the person specified in the application for the
order carrying on a financial services business”;
(j) for
Part 2 paragraph 5(1) there shall be substituted the following
sub-paragraph –
“(1) A statement made by a person
carrying on a financial services business in response to an account monitoring
order may not be used in evidence against that person in criminal
proceedings.”;
(k) in
the following provisions there shall be inserted before the words
“financial services business” each place they occur the words
“person carrying on a” –
(i) Part
1 paragraphs 6(1)(a) and 7(1), and
(ii) Part
2, paragraphs 1(1), 5(2) and (3).
8 Citation
and commencement
(1) This
Law may be cited as the Proceeds of Crime (Amendment No. 2) (Jersey) Law
2009.
(2) This
Law shall come into force 7 days after it is registered.
m.n. de la haye
Greffier of the States