INSURANCE BUSINESS (AMENDMENT No. 2)
(JERSEY) LAW 2000
____________
A LAW to amend further the
Insurance Business (Jersey) Law 1996, 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 Insurance Business (Jersey) Law 1996,
as amended
-
(a) in paragraph (4) of
Article 4
for the word
“paragraphs” there shall be substituted the word
“Paragraphs”;
(b) in sub-paragraph (c) of
paragraph (2) of Article 33
for the words
“, or the Commission,” there shall be substituted the words
“or the Commission”;
(c) there shall be substituted for Article 36
the following
Article -
“ARTICLE 36
False
information
(1) Any person who
knowingly or recklessly provides the Commission or any other person entitled to
information 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 any Order made thereunder; or
(b) otherwise than as
mentioned in sub-paragraph (a) 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.
(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 a permit 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 paragraphs (3) and
(4) of Article 37
there shall be
substituted the following paragraphs -
“(3) Where an offence under this Law
committed by a limited liability partnership or company 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 company; 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 company to
the penalty provided for that offence.
(3A) Where the affairs of a company are managed by
its members, paragraph (3) 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 company.
(4) Any person who aids,
abets, counsels or procures the commission of an offence 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.
(4A) Nothing in paragraph (4) affects the operation
of paragraph (3) or (3A).”.
ARTICLE 2
(1) This Law may be cited
as the Insurance Business (Amendment No. 2) (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.