Non-Profit
Organisations (Miscellaneous Amendments) (Jersey) Law 2022
Adopted
by the States 27th April 2022
Sanctioned
by Order of Her Majesty in Council 19th July 2022
Registered by the Royal Court 5th August 2022
Coming into force in accordance with Article 35
THE STATES, subject to the sanction of Her Most
Excellent Majesty in Council, have adopted the following Law –
Part 1
Non-Profit Organizations
(Jersey) Law 2008 amended
1 Non-Profit Organizations
(Jersey) Law 2008 amended
This Part amends the Non-Profit Organizations (Jersey) Law 2008.
2 Article 1 (non-profit organization defined)
amended
In Article 1 –
(a) in paragraph (1) after
“An organization” there is inserted “, legal person or arrangement”;
(b) for paragraph (2)
there is substituted –
“(2) In paragraph (1) “organization” includes
the trustees of a trust.”.
3 Article 2 (exemptions) amended
Article 2(1) is deleted.
4 Article 5 (application for registration)
amended
In Article 5, for paragraph (2)(a)
there is substituted –
“(a) must
be in the form published by the Commission from time to time; and”.
5 Article 7 (obligation of NPOs to provide
further information and documents) amended
In Article 7(2), after
“terrorism”, in both places it occurs, there is inserted “or the financing of
terrorism”.
6 Article 8 (refusal of application)
amended
In Article 8(1)(a), after
“terrorism”, in both places it occurs, there is inserted “or the financing of
terrorism”.
7 Article 9 (obligation of NPOs to give
notice of change of registered information) amended
In Article 9(3)(b) for “form
set out in the Schedule” there is substituted “application form described in
Article 5”.
8 Article 10 (obligation of prescribed
NPOs to prepare and provide financial statement) deleted
Article 10 is deleted.
9 Article 11 (obligation of NPOs to keep
and retain financial records) amended
In Article 11 –
(a) for the heading there is
substituted “Obligations of NPOs in relation to financial records and other
information”;
(b) in paragraph (2),
after “financial records” there is inserted “and any other information”;
(c) in paragraph (3),
after “terrorism”, in both places it occurs, there is inserted “or the
financing of terrorism”.
10 Article 12 (obligation of prescribed NPOs
to provide information to Commission) deleted
Article 12 is deleted.
11 Article 13 (obligation of NPOs to provide
certain information) amended
Article 13(1)(c) is deleted.
12 Article 13A inserted
After Article 13 there
is inserted –
“13A Obligations on prescribed NPOs
(2) The
Minister may not impose an obligation under paragraph (1)(a) unless –
(a) the
obligation relates to a measure recommended by the international body known as
the Financial Action Task Force in the interpretive note to Recommendation 8
of its Recommendations adopted on 16th February 2012 as amended or replaced from
time to time; and
(b) the
Minister considers the obligation appropriate to reduce the risk of a
prescribed NPO or an NPO that belongs to a prescribed class of NPOs being used
to assist terrorism or the financing of terrorism or becoming likely to assist
or be used to assist terrorism or the financing of terrorism.
(3) The
States may by Regulations make any amendments to paragraph (2)(a) that they
consider appropriate in consequence of the Recommendations mentioned in that
paragraph being amended or replaced.”.
13 Article 16 (continuing
registration obligations of the Commission) amended
Article 16(5) is deleted.
14 Article 17 (obligation of the Commission
in respect of terrorism) amended
In Article 17 –
(a) in paragraph (1),
after “terrorism” there is inserted “or the financing of terrorism”;
(b) in paragraph (2) –
(i) in sub-paragraph (a), after
“terrorism”, in both places it occurs, there is inserted “or the financing of
terrorism”,
(ii) in sub-paragraph (b),
after “terrorism” there is inserted “or the financing of terrorism”;
(c) in paragraph (3),
after “terrorism” there is inserted “or the financing of terrorism”.
15 Article 19 (supply of information by the
Commission) amended
In Article 19, after paragraph
(2)(b) there is inserted –
(i) exercise functions of a public nature in
Jersey, and
(ii) are concerned in the
prevention, investigation, detection or prosecution of money laundering or the financing
of terrorism;”.
16 Article 26 (supply of false information)
amended
In Article 26, for paragraph
(1)(d) there is substituted –
17 Article 27 (failure to provide
information) amended
Article 27(2) is deleted.
18 Article 28 (offences in respect of a
financial statement) deleted
Article 28 is deleted.
19 Article 30A inserted
After Article 30 there is
inserted –
“30A Offence in respect of
obligations on prescribed NPOs
A prescribed NPO or an NPO that belongs to a prescribed class of
NPOs is guilty of an offence and is liable to a fine if it fails to comply,
without reasonable excuse, with a requirement of an Order made under Article
13A.”.
20 Article 35 (deregistration of NPOs on
order of the Royal Court) amended
In Article 35 –
(a) in paragraph (1)(b)
for “this Law, the Terrorism Orders or the Terrorism Law” there is substituted
“Jersey law”;
(b) in paragraph (2), the
definition “Terrorism Orders” is deleted.
21 Article 40 (amendment of Schedule) deleted
Article 40 is deleted.
22 Schedule (application for registration)
deleted
The Schedule is deleted.
Part
2
Proceeds of Crime
(Supervisory Bodies) (Jersey) Law 2008 amended
23 Proceeds of Crime
(Supervisory Bodies) (Jersey) Law 2008 amended
This Part amends the Proceeds of
Crime (Supervisory Bodies) (Jersey) Law 2008.
24 Article 1 (interpretation) amended
In Article 1(1) –
(a) in the definition
“formerly supervised person” for “or a formerly regulated person” there is substituted
“, a formerly regulated person or a person who has been a prescribed NPO but is
no longer a prescribed NPO”;
(b) after the definition
“money laundering reporting officer” there is inserted –
(c) after the definition “prescribed”
there is inserted –
“ “prescribed NPO” means an
NPO prescribed, or that belongs to a class of NPOs prescribed, in an Order
under Article 13A of that Law;”;
(d) in the definition
“prescribed person” there is deleted “carrying on a specified Schedule 2
business”;
(e) in the definition
“supervised business”, at the end there is inserted –
“(c) business carried on by a
prescribed NPO;”;
(f) in the definition
“supervised person” for “or a regulated person” there is substituted “, a
regulated person or a prescribed NPO”.
25 Article 2 (meaning of “supervisory
functions”) amended
In Article 2(a), at
the end there is inserted –
26 Article 6 (designation of supervisory
bodies) amended
In Article 6
(designation of supervisory bodies) –
(a) for paragraph (1)
there is substituted –
“(1) The
Minister may, by Order, on the recommendation of the Commission, designate one
or more supervisory bodies to exercise supervisory functions in respect of –
(a) any person, other than a
person mentioned in Article 5, carrying on a specified Schedule 2 business; or
(b) a prescribed NPO.”
(b) in paragraph (4)(a)(ii)
for “specified Schedule 2” there is substituted “supervised”.
27 Part 5 heading amended
In the heading of Part 5
(supervision of Schedule 2 businesses) for “Schedule 2” there is substituted
“supervised”.
28 Article 22 (codes of practice) amended
In Article 22(1)(a),
after “legislation” there is inserted “(and, if applicable, requirements of the
Non-Profit Organizations
(Jersey) Law 2008 or of an Order made
under Article 13A of that Law)”.
29 Article 23 (power to issue directions)
amended
In Article 23(1)(b),
after clause (ii) there is inserted –
30 Article 24 (injunctions and remedial
Orders) amended
In Article 24(1),
after sub-paragraph (e) there is inserted –
31 Article 26 (public statements) amended
In Article 26(b), at
the end there is inserted –
32 Article 31 (investigations on behalf of a
supervisory body) amended
In Article 31(1)(a),
at the end there is inserted –
Part 3
Consequential
amendments to other enactments, citation and commencement
33 Non-Profit Organizations (Jersey)
Order 2008 amended
In the
Non-Profit Organizations (Jersey)
Order 2008 –
(a) Part 1 (interpretation),
Part 2 (prescribed NPOs) and Schedules 1 and 2 are deleted;
(b) in Article 7 (prescribed
services) for “the Law” there is substituted “the Non-Profit
Organizations (Jersey) Law 2008”.
34 Proceeds of Crime
(Supervisory Bodies) (Designation of Supervisory Bodies) (Jersey) Order 2008 amended
In the Proceeds of
Crime (Supervisory Bodies) (Designation of Supervisory Bodies) (Jersey) Order 2008, in Article 2 (designation of the Commission as supervisory
body in respect of prescribed persons and businesses) –
(a) for paragraph (2)
there is substituted –
“(2) A
prescribed person is –
(a) a person carrying on a
specified Schedule 2 business, other than a person mentioned in Article 5
of the principal Law; and
(b) a prescribed NPO.”;
(b) in paragraph (3)(b)
for “specified Schedule 2” there is substituted “supervised”.
35 Citation and commencement
This Law may be cited as
the Non-Profit Organisations (Miscellaneous Amendments) (Jersey) Law 2022 and comes
into force on a day specified by the Minister by Order.