International
Co-operation (Protection from Liability) (Jersey) Law 2018
A LAW to make provision for
protection from liability against claims for damages, costs and consequential
loss in cases where a public authority provides assistance pursuant to a
request made by a relevant authority of a country or territory outside Jersey, and
for connected purposes.
Adopted by the
States 10th July 2018
Sanctioned by
Order of Her Majesty in Council 10th October 2018
Registered by the
Royal Court 19th
October 2018
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law –
“assistance”
includes –
(a) assistance
in respect of obtaining evidence or information, obtaining assets, conducting
investigations and conducting searches; and
(b) assistance
in any legal proceedings, including proceedings to establish the lawfulness of
a decision to give assistance;
“damages” includes
loss or damage to property;
“Minister” means the
Chief Minister;
“public authority”
includes –
(a) any
person certain functions of whose are functions of a public nature; and
(b) a
person who is or has been, or is acting or has acted as, an officer or agent of
a person referred to in paragraph (a),
but does not include a court or tribunal or an officer of a court or
tribunal;
“relevant authority”, in relation to a country or
territory outside Jersey, means an authority in that country or territory that
requests assistance.
2 Protection
from liability for damages, costs and consequential loss
(1) Subject
to paragraphs (2) and (3) but despite any other provision in any other
enactment to the contrary, a public authority shall not be liable –
(a) in
damages;
(b) for
consequential loss; or
(c) for
costs in legal proceedings,
in respect of any act done in the discharge or purported discharge
of the public authority’s functions under any enactment specified in
Schedule 1 or Regulations or an Order made under such enactment which
entitles the public authority to give assistance to a relevant authority of any
country or territory outside Jersey unless it is shown that the act was done in
bad faith.
(2) Paragraph (1)
shall not apply so as to prevent an award of damages made in respect of an act
on the ground that the act was unlawful as a result of Article 7(1) of the
Human Rights (Jersey) Law 2000[1].
(3) A public
authority may rely on the good faith of the relevant authority to which it gave
the assistance referred to in paragraph (1) to prove that the public
authority did not act in bad faith.
(4) The
Minister may by Order exclude any type of damages, costs or consequential loss
in respect of assistance in any legal proceedings from the application of this
Law.
3 Regulations
The States may by Regulations –
(a) make
such other provision as the States think fit for the purposes of carrying this
Law into effect;
(b) amend
Schedule 1;
(c) make
such consequential, incidental, supplementary or transitional provisions as
appear to the States to be necessary or expedient, including provisions making
amendments to any other enactment as appear to the States to be expedient –
(i) for
the general purposes, or any particular purpose, of this Law,
(ii) in
consequence of any provision made by or under this Law, or
(iii) for
giving full effect to this Law or any provision of it.
4 Enactments
amended
The enactments specified in the second column of the table in
Schedule 2 shall be amended as specified in the third column of that table.
5 Citation
and commencement
This Law may be cited as the International Co-operation (Protection
from Liability) (Jersey) Law 2018 and shall come into
force on such day or days as the States may by Act
appoint.
dr. m. egan
Greffier
of the States
SCHEDULE 1
(Article 2(1))
ENACTMENTS under which a public authority
is protected from liability
1. Bankers’
Books Evidence (Jersey) Law 1986[2]
2. Civil
Asset Recovery (International Co-operation) (Jersey) Law 2007[3]
3. Competition
(Jersey) Law 2005[4]
4. Criminal
Justice (International Co-operation) (Jersey) Law 2001[5]
5. Financial
Services (Jersey) Law 1998[6]
6. International
Criminal Court (Jersey) Law 2014[7]
7. Investigation
of Fraud (Jersey) Law 1991[8]
8. Proceeds
of Crime (Jersey) Law 1999[9]
9. Taxation
(Implementation) (Jersey) Law 2004[10]
SCHEDULE 2
(Article 4)
ENACTMENTS AMENDED
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Name of enactment
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Amendment
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1.
|
International Criminal Court (Jersey) Law 2014[11]
|
In Schedule 6, in paragraphs 6(5) and 11(2), for the
word “negligence” there shall be substituted the words “bad
faith”.
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2.
|
Proceeds of Crime (Jersey) Law 1999[12]
|
In Article 23, for the word “negligence” there
shall be substituted the words “bad faith”.
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3.
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Proceeds of Crime (Enforcement of Confiscation Orders) (Jersey) Regulations 2008[13]
|
In Article 23 of the Proceeds
of Crime (Jersey) Law 1999[14], as modified by the Proceeds of Crime (Enforcement of Confiscation
Orders) (Jersey) Regulations 2008[15], as set out in the Schedule, for the word
“negligence” there shall be substituted the words “bad
faith”.
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