Non-Profit
Organizations (Jersey) Law 2008
A LAW to provide for the registration
and monitoring of non-profit organizations.
Adopted by the
States 5th June 2008
Sanctioned by
Order of Her Majesty in Council 9th July 2008
Registered by the
Royal Court 25th
July 2008
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
part 1
Interpretation
1 Non-profit
organization defined
(1) An organization
is a non-profit organization for the purposes of this Law if –
(a) it is established
solely or primarily for charitable, religious, cultural, educational, social,
or fraternal purposes with the intention of benefiting the public or a section
of the public; and
(b) it raises or disburses funds
in pursuance of those purposes.
(2) In
paragraph (1) “organization” means a body of persons (whether
incorporated or unincorporated), any legal entity and any equivalent or similar
structure or arrangement and for the purpose of this Law the expression
“organization” also includes persons acting as trustees of a trust.
(3) The
States may amend this Article by Regulations.
2 Exemptions
(1) A
non-profit organization need not comply with any requirement of this Law if the
funds it has raised during the preceding 12 months (not including any
period before the commencement of this Article) have not exceeded £1000.
(2) A
non-profit organization that is provided with a prescribed service in the
course of trust company business under the Financial Services (Jersey) Law 1998[1] need only comply with those
requirements of Part 2 of this Law that are expressed to apply also to
regulated NPOs.
(3) The
States may amend this Article by Regulations.
3 General
interpretations and application
(1) In
this Law, unless the context otherwise requires –
“Commission” means
the Jersey Financial Services Commission established by the Financial Services Commission (Jersey) Law 1998[2];
“disbursed”, in
respect of the funds of an NPO, does not include the disbursement of funds paid to the NPO by persons to become or remain members of the NPO if
those funds are applied in a way that only benefits members of the NPO;
“documents” includes
information recorded in any form and, in relation to information recorded
otherwise than in legible form, references to its provision or production
include references to providing or producing a copy of the information in
legible form;
“financial statement”,
in respect of an NPO for a particular period, means a statement –
(a) that
contains a breakdown of the NPO’s income and expenditure (in each case,
with such explanation as may be reasonably necessary) during the period; and
(b) that
sets out the state of its funds at the end of the period;
“financial records”,
in respect of an NPO, means records of its transactions, both within and
outwith Jersey, that are sufficient to show that its funds have been utilized
in a manner consistent with its purpose, objectives and activities as shown in
the register;
“funds” means –
(a) assets
of every kind, whether tangible or intangible, movable or immovable, however
acquired; and
(b) legal
documents or instruments in any form, including electronic or digital,
evidencing title to, or interest in, such assets, including, but not limited
to, bank credits, travellers cheques, bank cheques, money orders, shares,
securities, bonds, drafts and letters of credit;
“Minister” means the
Minister for Economic Development;
“NPO” means a non-profit
organization as defined by Article 1;
“organization” has the meaning given to that expression
by Article 1(2);
“prescribed” means
prescribed by Order made by the Minister;
“published”, in
respect of any matter, means published by the Commission in a manner that is likely
to bring the matter to the attention of those affected and
“publish” shall be interpreted accordingly;
“raised”, in respect of the funds of an NPO, includes
funds given to the NPO but does not include –
(a) income
earned on the funds of the NPO; or
(b) amounts
paid to the NPO by persons to become or remain members of the NPO;
“register”, as a
noun, means the register kept by the Commission for the purposes of this Law;
“registered” means
registered under this Law;
“regulated NPO” means an NPO to which Article 2(2)
applies;
“terrorism” shall be construed in accordance with
Article 2 of the Terrorism Law;
“Terrorism Law” means the Terrorism (Jersey)
Law 2002[3].
(2) Where,
because of the nature, relationship or structure of a group of NPOs or proposed
NPOs, the Commission considers it appropriate to do so, it may, for all or any
of the provisions of this Law, treat as one NPO or as one proposed NPO, as the
case may be, the NPOs or proposed NPOs that make up the group although they may
also be separate NPOs or proposed NPOs for the purpose of this Law.
(3) Where,
for the purposes of this Law –
(a) an
NPO is constituted by persons acting as trustees of a trust; and
(b) the
trust has, as its governing law, Jersey law,
the NPO shall not, solely by virtue of that fact, be taken to be
established in Jersey unless it has at least one trustee who is ordinarily
resident in Jersey.
(4) The
States may amend this Article by Regulations.
part 2
obligations of an NPO
4 Obligation
of NPOs to register
Except as provided by Article 2, an NPO must be registered
if –
(a) it
is established in Jersey; or
(b) it
is administered in or from Jersey,
whether or not it carries on any activity in Jersey.
5 Application
for registration
(1) An
application to register an NPO or a proposed NPO may be made by sending to the
Commission a completed application form in respect of the NPO or proposed NPO.
(2) The
application form –
(a) must
substantially follow the form set out in the Schedule; and
(b) must
be signed by a person acting on behalf of the NPO and dated.
(3) Where –
(a) Article
3(2) applies; and
(b) one
application form is sent to the Commission under paragraph (1) covering a
number of NPOs or proposed NPOs,
the form shall not be considered by the Commission to be complete
unless the form specifies each of the NPOs or proposed NPOs to which it
applies.
(4) Where –
(a) Article 3(2)
applies; and
(b) more
than one application form is sent to the Commission under paragraph (1)
covering a number of NPOs or proposed NPOs that have some details in common,
the forms shall be considered by the Commission to be complete
although the details that the NPOs or proposed NPOs have in common are not
repeated on each form.
(5) If an
application form is permitted under the Electronic Communications (Jersey) Law
2000[4] to be sent to the Commission
under paragraph (1) by way of electronic communication, any application
form so sent is not required to be signed.
6 Registration
The Commission must, following the receipt of a completed
application form in respect of an NPO or a proposed NPO, take one of the
following actions –
(a) register
the NPO or proposed NPO by entering its name in the register and by giving it a
registration number or reference;
(b) refuse
the application under Article 8;
(c) require
additional information or documents under Article 7 and, following receipt
of the information or documents, take the action mentioned in
sub-paragraph (a) or (b).
7 Obligation
of NPOs to provide further information and documents
(1) The
Commission may require an applicant for the registration of an NPO or a
proposed NPO to supply additional information or documents in respect of the
NPO.
(2) However,
the Commission must not do so unless it is necessary and reasonable for it to
do so to enable it to assess the extent (if any) to which the NPO or proposed
NPO is assisting or being used to assist terrorism or is likely to assist or be
used to assist terrorism, as the case may be.
8 Refusal
of application
(1) The
Commission may refuse an application to register an NPO or a proposed NPO if
the Commission is of the opinion that –
(a) the
NPO or proposed NPO is assisting or being used to assist terrorism or is likely
to assist or be used to assist terrorism, as the case may be; or
(b) the
organization specified in the application form is not or will not be an NPO.
(2) If
the Commission does refuse to accept an application, it must send notice of the
refusal to the applicant.
(3) The
notice must –
(a) give
the reason for the refusal; and
(b) set
out the applicant’s rights under paragraphs (4) and (6).
(4) The
applicant may, within 28 days of receiving the notice, request, in
writing, that the Commission reconsider its refusal of the application.
(5) The
Commission shall, within the period of 56 days following receipt of a
request under paragraph (4), reconsider its decision and shall
either –
(a) confirm
the refusal, and send notice of the confirmation to the applicant, giving the
reasons for the confirmation of the original decision; or
(b) register
the applicant.
(6) A
person aggrieved by the Commission’s refusal of an application may,
whether or not the person has requested the Commission to reconsider the
refusal, appeal to the Royal Court.
(7) The
appeal may be made on the grounds that the refusal was unreasonable having
regard to all the circumstances of the case.
(8) On
the appeal the Court may –
(a) confirm
the decision of the Commission to refuse the application; or
(b) order
the Commission to accept the application and to register the NPO or proposed
NPO.
(9) On
the appeal, the Court may further order that all or any of the costs of the
appeal shall be paid out of public funds.
(10) The
Commission must not refuse an application under paragraph (1)(a) if to do
so would be contrary to Article 35(4) of the Terrorism Law
(tipping off).
9 Obligation
of NPOs to give notice of change of registered information
(1) This
Article applies if there is a change in –
(a) the
information provided to the Commission in respect of a registered NPO prior to
its registration; or
(b) that
information as subsequently amended under this Article.
(2) The
NPO must give the Commission written notice of the change.
(3) The
notice –
(a) must
be given within 3 months of the change; and
(b) may
be given by utilizing the whole or any part of the form set out in the
Schedule.
(4) For
the purpose of this Article, a difference between an estimate of the funds to
be raised or disbursed by an NPO in a financial year and the actual funds
raised or disbursed by the NPO in the financial year is not, of itself, a
change that must be reported under this Article.
(5) However,
any change in the estimate of the funds to be raised or disbursed by the NPO in
any subsequent financial year must be reported under this Article.
10 Obligation
of prescribed NPOs to prepare and provide financial statement
(1) A
prescribed NPO or an NPO that belongs to a prescribed class of NPOs must
prepare and provide to the Commission a financial statement for a period of not
more than 18 months.
(2) The
period –
(a) must
begin on or before the date the NPO became a prescribed NPO or an NPO belonging
to a prescribed class of NPOs; but
(b) if
the NPO has previously prepared and provided a financial statement under
paragraph (1), must begin at the end of the period covered by its most
recent financial statement.
(3) The
financial statement must –
(a) be
in a form published or approved for the purpose by the Commission; and
(b) be
provided to the Commission within 10 months after the end of the period
covered by the statement.
11 Obligation
of NPOs to keep and retain financial records
(1) An
NPO must –
(a) keep
financial records; and
(b) retain
them for at least 5 years.
(2) An
NPO must make its financial records available to the Commission if required to
do so to enable the Commission to carry out its obligations under this Law.
(3) However,
the Commission must not require it to do so unless it is necessary and
reasonable for it to do so to enable it to assess the extent (if any) to which the
NPO is assisting or being used to assist terrorism or is likely to assist or be
used to assist terrorism.
(4) The
Minister may by Order, exempt an NPO or any class of NPOs from the obligations
imposed on an NPO by paragraph (1).
(5) The
requirements mentioned in paragraph (1) also apply to regulated NPOs.
12 Obligation
of prescribed NPOs to provide information to Commission
(1) A
prescribed NPO or an NPO that belongs to a prescribed class of NPOs must
provide prescribed information to the Commission if required to do so by the
Commission.
(2) However,
the Commission must not require a prescribed NPO to provide the information
unless it is necessary and reasonable for the Commission to do so to enable it
to assess the extent (if any) to which the NPO could be, or is being, used to
facilitate terrorism.
13 Obligation
of NPOs to provide certain information
(1) An
NPO must, upon being requested to do so, provide a person with –
(a) details
of its purpose, objectives and intended activities;
(b) details
of its structure (for example, whether it is an unincorporated body of persons,
a trust, or an incorporated body and, if so, what type of incorporated body);
and
(c) if
it is a prescribed NPO or an NPO that belongs to a prescribed class of NPOs,
such other information as may be prescribed.
(2) An
NPO must not charge for the provision of information under this Article.
(3) The
States may amend paragraph (1) by Regulations.
part 3
functions of the Commission
14 Commission to keep register
and to provide certain information
(1) The
Commission must keep a register for the purposes of this Law that
contains –
(a) the
name of each registered NPO;
(b) the
contact information for each registered NPO; and
(c) the
purpose, objectives and activities of each registered NPO.
(2) The
Commission must, upon being requested to do so, inform a person if a name
specified by the person appears in the register as the name of an NPO.
(3) If
it does, the Commission must give the person –
(a) the
registration number or reference of the NPO; and
(b) details
of how it may be contacted.
(4) The
Commission must not charge for the provision of information under this Article.
15 Registration
obligations of the Commission
(1) This
Article applies where the Commission becomes aware that an organization that
the Commission believes to be an NPO that is required to register under this
Law is not registered.
(2) The
Commission must make reasonable efforts to ensure that the organization
receives a written notice setting out –
(a) the
provisions of this Law that may require it to register; and
(b) the
action the Commission is required to take under this Article.
(3) If –
(a) the
Commission has given an organization notice under paragraph (2);
(b) after
giving the organization at least 1 month in which to respond, the organization
does not register; and
(c) the
Commission continues to believe that the organization is an NPO that is
required to register,
the Commission must take the action mentioned in paragraph (4).
(4) The
Commission must –
(a) inform
the Attorney General of its belief that the organization is an NPO that is
required to register; and
(b) provide
the Attorney General with any evidence it has to support that belief.
(5) This
Article is without prejudice to Article 17.
16 Continuing
registration obligations of the Commission
(1) This
Article applies where the Commission believes that a registered NPO has failed
to comply with Article 9.
(2) The
Commission must give the NPO a written notice setting out –
(a) the
provisions of Articles 9 and 27(1); and
(b) the
action the Commission is required to take under this Article.
(3) If –
(a) the
Commission has given an NPO notice under paragraph (2) on at least
2 occasions (the second being at least 2 months after the first);
(b) after
giving the NPO at least 3 months in which to respond the NPO has not
provided information under Article 9; and
(c) the
Commission continues to believe that the NPO has failed to comply with
Article 9,
the Commission must take the action mentioned in paragraph (4).
(4) The
Commission must –
(a) inform
the Attorney General of its belief that the NPO has failed to comply with
Article 9; and
(b) provide
the Attorney General with any evidence it has to support that belief.
(5) The
Commission need not give an NPO notice under this Article of a failure to
comply with Article 9 where the NPO is a prescribed NPO for the purpose of
Article 10.
(6) This
Article is without prejudice to Article 17.
17 Obligation
of the Commission in respect of terrorism
(1) It
is an obligation of the Commission to help to determine if an NPO is assisting
or being used to assist terrorism.
(2) Accordingly,
the Commission –
(a) must
as soon as practicable after it receives an application for the registration of
an NPO or a proposed NPO consider if it raises any suspicion that the NPO or
proposed NPO is assisting or being used to assist terrorism or is likely to
assist or be used to assist terrorism, as the case may be;
(b) must
as soon as practicable after it receives a financial statement from an NPO,
consider if it raises any suspicion that the NPO is assisting or being used to
assist terrorism; and
(c) may
otherwise monitor the activities of each NPO.
(3) If
the Commission considers that an NPO is assisting or being used to assist
terrorism, it must immediately inform the Attorney General, giving the Attorney
General any evidence that the Commission has for its suspicions.
18 Financial
records held by the Commission
(1) This
Article applies where –
(a) a
person, acting on behalf of the Commission, has required an NPO to make its
financial records available to the Commission under Article 11(2); and
(b) the
NPO has complied with the requirement.
(2) The
person who required the records may –
(a) take copies of them or
extracts from them; and
(b) request the person who
provided them on behalf of the NPO or any other person who appears to be in
possession of relevant information, to provide an explanation of them.
(3) If
original records have been provided –
(a) they may be retained for a year; but
(b) if within that year
proceedings to which the records are relevant are commenced against any person,
they may be retained until the conclusion of the proceedings.
(4) If
records are retained under paragraph (3), the Commission must, upon being
requested to do so, provide a copy of them or any part of them to any person
the Commission is satisfied is lawfully entitled to the records.
(5) The
Commission need not do so unless it is satisfied that the copy is reasonably
required for a lawful purpose.
(6) Any
copy supplied by the Commission shall be supplied free of charge.
19 Supply of
information by the Commission
(1) This
Article applies to information –
(a) that
is not already available to the public; and
(b) that
has come into the Commission’s possession as a result of the Commission
carrying out its obligations under this Law.
(2) The
Commission may supply information to which this Article applies to –
(a) the
Minister;
(b) the
Attorney General;
(c) bodies
that outside Jersey exercise functions that are similar to the functions that
the Commission may exercise under this Law.
(3) The
Commission may, in particular do so, if it is satisfied that the information is
required –
(a) to
investigate a suspected offence in or outwith Jersey;
(b) to
institute criminal proceedings in or outwith Jersey; or
(c) in
respect of any proceeding arising under this Law.
(4) However,
the Commission must not supply information to a body mentioned in
paragraph (2)(c) unless the Commission is satisfied that the information
is to be used by the body solely in the exercise of its functions that are
similar to the functions the Commission may exercise under this Law.
(5) The
Commission may also supply information to which this Article applies to a
person acting on behalf of an international body, if –
(a) the
functions of the body include the assessment of compliance by Jersey with
international standards; and
(b) the
supply of the information is to enable the body to discharge those functions.
(6) Nothing
in this Article is to be taken as preventing the Commission from publishing
information in the form of a summary or collection of information so framed
that information in respect of any particular person cannot be obtained from
it.
(7) The
States may amend this Article by Regulations.
20 Documents kept by the Commission
A document delivered to the Commission under this Law may be kept by
the Commission in any form that is capable of being reproduced in a legible
form.
21 Commission
may destroy certain documents
(1) The
Commission may destroy a document delivered to it under this Law that the
Commission is not required to return if the Commission has recorded and kept
the information in it in accordance with Article 20.
(2) The
Commission may also destroy such a document if it relates solely
to –
(a) an
NPO that has ceased to be registered for at least 10 years; or
(b) an
organization that has ceased to be an NPO for at least 10 years.
22 Commission
may change the registration or reference number of an NPO
(1) The
Commission may, for good cause, change the registration or reference number of
a registered NPO.
(2) If
it does so, the Commission must, as soon as reasonably practical, give the NPO
written notice of the change.
part 4
Offences
23 Prosecutions
under this Law
No prosecution of an offence under this Law may be instituted except
by, or with the consent of, the Attorney General.
24 Failure
of NPOs to register
An NPO that is required by this Law to be registered is guilty of an
offence and is liable to a fine of level 4 on the standard scale if, without reasonable
excuse, it is not registered.
25 Passing
off
(1) An
organization that is not a registered NPO is guilty of an offence and is liable
to a fine of level 4 on the standard scale if it holds itself out as being a
registered NPO.
(2) It
is a defence for the organization to show that it did not know and could not
reasonably have known that it was not a registered NPO.
26 Supply
of false information
(1) This
Article applies where an NPO or a person supplies information or documents
under –
(a) Article 5
(application for registration);
(b) Article 7
(supply of further information and documents)
(c) Article 9
(change of registered information); or
(d) Article 12
(information supplied by certain NPOs).
(2) The
NPO or person is guilty of an offence and liable to a fine if the NPO or person
provides information or a document that the NPO or person knows or ought
reasonably to know is false or misleading in a material way.
27 Failure
to provide information
(1) An
NPO is guilty of an offence and is liable to a fine of level 4 on the standard
scale if, when required by Article 9 to give the Commission written notice
of a change in the information registered in respect of the NPO, it fails, without
reasonable excuse, to do so.
(2) An
NPO prescribed for the purpose of Article 12(1) is guilty of an offence
and is liable to a fine of level 4 on the standard scale if, when required
under that Article to give the Commission prescribed information, it fails, without
reasonable excuse, to do so.
28 Offences
in respect of a financial statement
(1) An
NPO or an NPO that belongs to a class of NPOs that is prescribed for the
purpose of Article 10(1) is guilty of an offence and is liable to a fine
of level 4 on the standard scale if, without reasonable excuse, it fails to
provide a financial statement to the Commission in accordance with that Article.
(2) An
NPO or an NPO that belongs to a class of NPOs that is prescribed for the
purpose of Article 10(1) is guilty of an offence and is liable to a fine
if it provides to the Commission, in purported compliance with that Article a
financial statement that it knows or ought reasonably to know is false or
misleading in a material way.
29 Offences
in respect of financial records
(1) An
NPO is guilty of an offence and is liable to a fine of level 4 on the standard
scale if, without reasonable excuse, it fails to keep financial records as
required by Article 11(1)(a).
(2) An
NPO is guilty of an offence and is liable to a fine if it keeps, for the
purpose of Article 11(1)(a), financial records that it knows or ought
reasonably to know are false or misleading in a material way.
(3) An
NPO is guilty of an offence and is liable to a fine of level 4 on the standard
scale if, without reasonable excuse, it fails to retain financial records for
5 years as required by Article 11(1)(b).
(4) An
NPO is guilty of an offence and is liable to a fine of level 4 on the standard
scale if, without reasonable excuse, it fails to make financial records
available to the Commission when required to do so under Article 11(2).
(5) An
NPO is guilty of an offence and is liable to a fine if it makes available to
the Commission, in purported compliance with Article 11(2), financial
records that it knows or ought reasonably to know are false or misleading in a
material way.
(6) In
this Article “financial records”, in respect of an NPO, means the
financial records of the NPO created or required to be created by the NPO
subsequent to the commencement of this Article.
30 Offences
in respect of supply of information by an NPO
(1) An
NPO is guilty of an offence and liable to a fine of level 4 on the
standard scale if, when requested under Article 13(1) to provide
information, the NPO fails, without reasonable excuse, to provide the
information.
(2) An
NPO is guilty of an offence and liable to a fine if, when requested under
Article 13(1) to provide information, the NPO, in purported compliance
with the request, provides information that the NPO knows or ought reasonably
to know is false or misleading in a material way.
31 Offences
in respect of supply of an explanation by a person
(1) A person
is guilty of an offence and liable to a fine of level 4 on the standard
scale if, when required under Article 18(2)(b) to provide an explanation
of a financial record, the person fails, without reasonable excuse, to provide
the explanation.
(2) A
person is guilty of an offence and liable to a fine if, when required under
Article 18(2)(b) to provide an explanation of a financial record, the
person, in purported compliance with the requirement, provides an explanation
that the person knows or ought reasonably to know is false or misleading in a
material way.
part 5
criminal liability
32 Criminal
liability in respect of incorporated organizations
(1) Where
an offence under this Law is committed by an incorporated organization and the
offence is proved to have been committed with the consent or connivance of, or
to be attributable to neglect on the part of –
(a) a
person who is a director, manager, secretary or other similar officer of the
organization; or
(b) a
person purporting to act in any such capacity,
the person is also guilty of the offence and is liable in the same
manner as the organization to the penalty provided for the offence.
(2) If
the affairs of an incorporated organization are managed by its members,
paragraph (1) applies in relation to acts and defaults of a member in
connection with the member’s functions of management as if the member
were a director of the organization.
33 Criminal
liability in respect of unincorporated organizations
Where –
(a) an
offence under this Law appears to have been committed by an organization that
is constituted by an unincorporated body of persons; and
(b) the
offence is proved to have been committed with the consent or connivance of, or
to be attributable to neglect on the part of certain of those persons,
the persons mentioned in paragraph (b), and only those persons,
are guilty of the offence and are liable to the penalty provided for the
offence.
34 Other
criminal liability
A person who aids, abets, counsels or procures the commission of an
offence under this Law is also guilty of an offence and liable in the same
manner as a principal offender to the penalty provided for that offence.
part 6
Deregistration of an NPO
35 Deregistration
of NPOs on order of the Royal Court
(1) The
Commission must remove the name of an NPO from the register if the Royal Court
orders the Commission to do so after the Court has –
(a) made
a forfeiture order in respect of the funds of the NPO; or
(b) convicted
the NPO of an offence under this Law, the Terrorism Orders or the Terrorism
Law.
(2) In
this Article –
“forfeiture order”
has the same meaning as in Schedule 3 to the Terrorism Law;
“Terrorism Orders”
means –
(a) the
Terrorism (United Nations Measures) (Channel Islands) Order 2001[5]; and
(b) the
Al-Qa’ida and Taliban (United Nations Measures) (Channel Islands)
Order 2002[6],
of the United Kingdom.
36 Deregistration
of NPOs on other grounds
(1) Except
as otherwise provided by this Article, the Commission must remove the name of
an NPO from the register if the Minister –
(a) orders
the Commission to do so; and
(b) provides
the Commission with his or her reasons for doing so.
(2) The
Minister must not order the Commission to do so unless the Minister is
satisfied that the NPO –
(a) has
persistently failed to comply with any of its obligations under this Law; or
(b) no
longer exists or is not carrying out and is not likely to carry out the
activity specified in the register in respect of the NPO.
(3) Before
acting under paragraph (1), the Commission, if it is reasonably practical
for it to do so, must serve notice of its intention to remove the name of the
NPO from the register.
(4) The
notice may be served on –
(a) the
NPO;
(b) any
person who constitutes or constituted the NPO; or
(c) if
a body of persons constitutes or constituted the NPO, any person the Commission
is satisfied represents that body of persons.
(5) A
notice under paragraph (3) must –
(a) give
the reason why it is intended to remove the name of the NPO from the register;
(b) give
the proposed date of its removal; and
(c) give
details of the right of appeal provided by paragraph (8).
(6) The
Commission shall remove the name of the NPO from the register 28 days
after the service of the notice unless, on appeal the Royal Court orders
otherwise, whether before or after the determination of the appeal.
(7) If
the Commission finds that it is not reasonably practical to serve a notice
under paragraph (4), the Commission may remove the name of the NPO from
the register at any time.
(8) Any
person aggrieved by the removal or intended removal of the name of an NPO from
the register under this Article may appeal to the Royal Court.
(9) The
appeal may be made on the grounds that the removal of the name of the NPO from
the register was not or would not be reasonable in all the circumstances.
(10) On the
appeal, the Royal Court may –
(a) confirm
the decision of the Minister to order the Commission to remove the name of the
NPO from the register;
(b) order
the Commission not to remove the name of the NPO from the register or, as the
case may be, to restore the name of the NPO to the register; or
(c) order
the Commission to take such other action as the Court considers appropriate in
the circumstances.
37 Deregistration
of NPOs on request
The Commission must remove from the register the name of an NPO if
requested to do so by a person whom the Commission is satisfied has the
authority to do so.
38 Deregistration
An NPO ceases to be registered for the purpose of this Law when its
name is removed from the register by the Commission in accordance with this
Part.
part 7
miscellaneous
39 Application
of this Law to the Terrorism Law
In its application to NPOs, Article 20 of the Terrorism Law
shall have effect as if in Article 20(1)(b) “employment”
included work undertaken on behalf of an NPO on a voluntary or an unpaid basis.
40 Amendment
of Article 8 of the Financial Services Commission (Jersey) Law 1998
The Financial Services Commission (Jersey) Law 1998[7] is amended by adding the
following paragraphs at the end of Article 8 –
“(5) The Commission may require
registered persons who provide services to regulated NPOs in the course of
trust company business, to provide information in respect of those regulated
NPOs to the Commission.
(6) In paragraph (5) –
‘registered
person’ and ‘trust company business’ have the same meanings
as in the Financial Services (Jersey) Law 1998;
‘regulated NPO’
has the same meaning as in the Non-Profit Organizations (Jersey)
Law 2008.”.
41 Amendment
of Schedule
The States may, by Regulations, amend the form set out in the
Schedule.
42 Orders
The Minister may prescribe by Order any matter that shall or may be
prescribed under this Law
43 Citation
This Law may be cited as the Non-Profit Organizations (Jersey)
Law 2008.
44 Commencement
and transitional arrangements
(1) This
Law, other than Article 24, shall come into force 14 days after it is
registered.
(2) Article 24
shall come in force 3 months after the rest of the Law has come into
force.
(3) It
shall be a defence for an NPO charged with an offence under Article 24 for
the NPO to show –
(a) that
it had made an application to the Commission for registration under
Article 5 prior to Article 24 coming into force; and
(b) that
at the time of the alleged offence the application had not been determined or
withdrawn.
a.h. harris
Deputy Greffier of the States