Jersey Law 19/1952
CIVIL DEFENCE (JERSEY) LAW, 1952.
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1 Definitions
2 Civil Defence Functions of the Defence Committee
3 Civil Defence Functions of constables of parishes
4 Grant towards expenses of Parochial Authorities
5 Powers as to land
6 Civil Defence Obligations of police officers, firemen,
etc. and of members of civil defence forces and services
7 Expenses
8 Regulations
9 Short title
A LAW to
make provision for civil defence, sanctioned by Order
of her Majesty in Council of the
23rd day of MAY, 1952.
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(Registered on the 21st day of June, 1952).
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STATES OF JERSEY.
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The 6th day of March,
1952.
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THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law: -
ARTICLE 1
DEFINITIONS
In this Law, unless the context otherwise requires –
“civil defence” does not
include the provision or maintenance of a shelter which is used or intended to
be used wholly or mainly by naval, military or air forces but, save as
aforesaid, includes any measures not amounting to actual combat for affording defence against any form of hostile attack by a foreign
power or for depriving any form of hostile attack by a foreign power of the
whole or part of its effect, whether the measures are taken before, at or after
the time of the attack;
“civil defence forces” and
“civil defence services” mean
respectively forces and services formed wholly or mainly to meet the needs of
civil defence;
“a civil defence shelter”
means any shelter other than a shelter which is used or intended to be used
wholly or mainly by naval military or air forces;
“fire services” means the States of Jersey Fire Service
and the Airport Fire Brigade;
“paid police force” means the Jersey Paid Police Force
constituted under the Paid Police Force (Jersey) Law, 1951;
“regulations” means regulations under Article 8 of this
Law;
“a shelter” means any premises, structure or excavation
used or intended to be used to provide shelter from any form of hostile attack
by a foreign power;
“statutory provision” means a provision, whether of a
general or a special nature, contained in, or in any document made or issued
under, any enactment, whether of a general or a special nature.
ARTICLE 2
CIVIL DEFENCE FUNCTIONS OF THE DEFENCE COMMITTEE
(1) It
shall be part of the functions of the Defence
Committee to take such steps as appear to it from time to time to be necessary
or expedient for civil defence purposes, and, in
particular, but without prejudice to the generality of the foregoing, such steps
as appear to it from time to time to be necessary or expedient in connexion with any of the following matters, that is to say
–
(a) the organization,
formation, maintenance, equipment and training of civil defence
forces and services;
(b) the organization,
equipment and training for civil defence purposes of
the paid police force, fire services and employees of public and parochial
authorities employed primarily for purposes other than civil defence purposes;
(c) the instruction of
members of the public in civil defence and their
equipment for the purposes of civil defence;
(d) the provision, storage
and maintenance of commodities and things which may be required for civil defence; and
(e) the provision,
construction, maintenance or alteration of premises, structures or excavations,
and the doing of any other work, which may be required for civil defence.
(2) The
Defence Committee may make arrangements whereby any
of its functions under this Article are, to such extent as may be provided by
the arrangements, exercised on its behalf by another Committee of the States.
ARTICLE 3
CIVIL DEFENCE FUNCTIONS OF CONSTABLES OF PARISHES
(1) The
Constable of every parish shall, for civil defence
purposes, and, in particular, but without prejudice to the generality of the
foregoing, in connexion with the matters specified in
sub-paragraphs (a) to (e) of paragraph (1) of Article 2 of
this Law, have and perform such functions as may be prescribed by regulations.
(2) Regulations
made for the purposes of this Article –
(a) may empower a Constable
on whom functions are conferred under this Article to appoint committees
(including joint committees) constituted in accordance with the regulations,
and to authorize those or other committees to exercise all or any of those
functions on his behalf as his agents;
(b) may empower the Defence Committee, where it is satisfied that a Constable
has failed or refused properly to discharge any functions conferred on him
under this Article, either itself to discharge those functions in the name and
at the expense of the parish or to authorize or require some other authority or
person to exercise those functions in the name of the Constable and at the
expense of the parish;
(c) may, on such
conditions, if any, as may be prescribed by the regulations, authorize or
require things to be done in contravention of, or without compliance with, any
statutory provision regulating or restricting the carrying out of building,
engineering, mining or other operations in, on, over or under land, or the making
of any material change in the use of any buildings or other land; and
(d) may authorize the
employment of personnel, and the provision, construction or maintenance of
premises and equipment, in excess of any limits imposed by any statutory
provision.
ARTICLE 4
GRANT TOWARDS EXPENSES OF PAROCHIAL AUTHORITIES
Regulations may authorize the payment by the Defence
Committee of such grants towards expenses incurred by Constables in or in connexion with the discharge of functions conferred on them
under Article 3 of this Law, as may be prescribed by the regulations.
ARTICLE 5
POWERS AS TO LAND
(1) Where
it appears to the States that any land should be acquired for civil defence purposes, it shall be lawful for the States to
acquire such land by compulsory purchase on behalf of the public in accordance
with the provisions of the Compulsory Purchase of Land (Procedure) (Jersey)
Law, 1948.
(2) Where,
in the discharge of any functions exercisable under this Law, the Defence Committee does any work for the purpose of
providing or maintaining a civil defence shelter, it
may, if it appears expedient so to do, do that work and provide or maintain the
shelter wholly or partly in, under or over any highway:
Provided that –
(a) the powers conferred by
this Article shall be exercisable subject to such restrictions as may be
prescribed by regulations; and
(b) in no event shall the
said powers be exercised unless the Defence Committee
is satisfied that the shelter will not so obstruct the highway as substantially
to diminish the utility of the highway to the public.
(3) Any
person duly authorized in that behalf by the Defence
Committee or a Constable by whom functions are exercisable under the preceding
provisions of this Law shall have a right to enter any land at all reasonable
hours for the purpose of inspecting that or any other land with a view to
ascertaining whether or not anything ought to be constructed or done thereon or
any use made thereof for civil defence purposes:
Provided that a person proposing to exercise a power of entry
conferred under this Article –
(a) shall, if so required,
produce evidence of his authority;
(b) shall not demand
admission as of right to any land which is occupied unless twenty-four
hours’ notice of the intended entry has been given to the occupier or
reasonable steps have been taken to give such notice.
(4) If
–
(a) any person who, in
compliance with the provisions of this Article, is admitted into a factory or
workplace, discloses, otherwise than in the performance of his duty, to any person
any information obtained by him in the factory or workplace with regard to any
manufacturing process or trade secret; or
(b) any person to whom by
reason of his official position, any information obtained as aforesaid is
disclosed, discloses, otherwise than in the performance of his duty, that
information to any person;
he shall be liable to a fine not exceeding one hundred pounds
sterling or to imprisonment for a term not exceeding three months or to both
such a fine and such imprisonment.
(5) The
powers conferred by this Article shall be in addition to and not in derogation
of any powers which would apart from this Article be available in relation to
any of the functions exercisable under the preceding provisions of this Law.
ARTICLE 6
CIVIL DEFENCE OBLIGATIONS OF POLICE OFFICERS, FIREMEN, ETC. AND OF
MEMBERS OF CIVIL DEFENCE FORCES AND SERVICES
It is hereby declared that members of the paid police force and
fire services and, if and so far as provision in that behalf is made by
regulations, employees of public and parochial authorities employed primarily
for purposes other than civil defence purposes, are,
as such, under a duty to comply with requirements as to training for and taking
part in any form of civil defence for the time being recognised by the Defence
Committee as appropriate to be undertaken by that force and those services and
their members respectively or, as the case may be, as appropriate to be
undertaken by employees of the class in question having regard to the nature of
the work for which those employees are primarily employed.
ARTICLE 7
EXPENSES
Any expenses incurred by the Defence
Committee in discharging functions exercisable by it under or by virtue of this
Law, including any sums required for paying grants or compensation, shall be
defrayed out of the General Revenues of the States, and any sums received under
or by virtue of this Law shall be credited to the General Revenues of the
States.
ARTICLE 8
REGULATIONS
(1) The
States may make regulations for any purpose for which regulations may be made
under this Law and generally for the purpose of carrying this Law into effect
and any such regulations may, in particular, but without prejudice to the
generality of the foregoing –
(a) make different
provision for different cases or classes of case; and
(b) contain such
consequential and incidental provisions as may appear to the States to be
necessary or expedient; and
(c) make different
provision in relation to different authorities.
(2) Regulations
made under this Article may be amended by subsequent regulations and shall
remain in force until repealed.
ARTICLE 9
SHORT TITLE
This Law may be cited as the Civil Defence
(Jersey) Law, 1952.