BORROWING (CONTROL) (AMENDMENT No. 5)
(JERSEY) LAW 2000
____________
A LAW to amend further the
Borrowing (Control) (Jersey) Law 1947, sanctioned by Order of Her Majesty in
Council of the
14th
day of JUNE 2000
____________
(Registered
on the 30th day of June 2000)
____________
STATES
OF JERSEY
____________
The 22nd day of February 2000
____________
THE STATES, subject to the sanction of Her
Most Excellent Majesty in Council, have adopted the following Law -
ARTICLE 1
In
the Schedule to the Borrowing (Control) (Jersey) Law 1947, as amended
-
(a) for the words
“not exceeding two years” wherever occurring in paragraph 1 and
sub-paragraphs (4), (5) and (7) of paragraph 2 there shall be substituted the
words “not exceeding five years”;
(b) sub-paragraph (6) of
paragraph 22 shall be deleted;
(c) after paragraph 22 there shall be inserted the
following paragraph -
“2A.-(1)
Any person who knowingly or recklessly provides the Commission or any other
person entitled to information under this Law (or under an order made under
this Law) with information that is false or misleading in a material particular
shall be guilty of an offence if the information is provided -
(a) in purported compliance
with a requirement imposed under this Law (or under an order made under this
Law); or
(b) otherwise than as
mentioned in clause (a) of this sub-paragraph but in circumstances in
which the person providing the information intends, or could reasonably be
expected to know, that the information would be used by the Commission for the
purpose of carrying out its functions under this Law (or under an order made
under this Law).
(2) Any person who
knowingly or recklessly provides the Commission or any other person with
information that is false or misleading in a material particular shall be
guilty of an offence if the information is provided in connection with an
application for consent under an order made under this Law.
(3) A person who is guilty
of an offence against this Article shall be liable to imprisonment for a term
not exceeding five years or a fine, or both.”;
(d) for sub-paragraph (2)
of paragraph 3
there shall be
substituted the following sub-paragraphs -
“(2) Where an offence under this Law (or
under an order made under this Law) committed by a limited liability
partnership or 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 -
(a) a
person who is a partner of the partnership, or director, manager, secretary or
other similar officer of the body corporate; or
(b) any
person purporting to act in any such capacity,
the person shall also be guilty
of the offence and liable in the same manner as the partnership or body
corporate to the penalty provided for that offence.
(3) Where the affairs of a
body corporate are managed by its members, sub-paragraph (2) of this paragraph
shall apply in relation to acts and defaults of a member in connection with his
functions of management as if he were a director of the body corporate.”;
(e) after paragraph 3
there shall be
inserted the following paragraph -
“4.-(1)
Any person who aids, abets, counsels or procures the commission of an offence
under this Law (or under an order made under this Law) shall also be guilty of
the offence and liable in the same manner as a principal offender to the
penalty provided for that offence.
(2) Nothing in this
paragraph affects the operation of sub-paragraph (2) or (3) of paragraph
3.”.
ARTICLE 2
(1) This Law may be cited
as the Borrowing (Control) (Amendment No. 5) (Jersey) Law 2000.
(2) This Law shall come
into force on such day as the States may by Act appoint and different days may
be appointed for different provisions or different purposes of this Law.
C.M.
NEWCOMBE
Deputy
Greffier of the States.