L.36/2005
Children and Day
Care (Amendment) (Jersey) Law 2005
A LAW to amend the Children (Jersey)
Law 2002 and the Day Care of Children (Jersey) Law 2002 in particular so as to
provide for the liability of secondary parties.
Adopted by the
States 19th July 2005
Sanctioned by
Order of Her Majesty in Council 15th November 2005
Registered by the
Royal Court 16th
December 2005
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Article 16 of the Children (Jersey) Law
2002 amended
In Article 16(7) of the Children (Jersey) Law 2002[1] for the words
“Probation Committee” there shall be substituted the words
“Probation Board”.
2 Article
78 of the Children (Jersey) Law 2002 amended
In Article 78(1)(c) of the Children (Jersey) Law 2002 for the
words “Article 24” there shall be substituted the words
“Article 35”.
3 Article
80 of the Children (Jersey) Law 2002 substituted
For Article 80 of the Children (Jersey) Law 2002 there shall be
substituted the following Article –
“80 General
provisions as to offences
(1) Where an offence 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.
(2) Where the affairs of a body corporate are
managed by its members, paragraph (1) shall apply in relation to acts and
defaults of a member in connection with the member’s functions of
management as if he or she were a director of the body corporate.
(3) Any person who aids, abets, counsels or
procures the commission of an offence under this Law shall also be guilty of an
offence and liable in the same manner as a principal offender to the penalty
provided for that offence.”.
4 Article
12A of the Day Care of Children (Jersey) Law 2002 inserted
After Article 12 of the Day
Care of Children (Jersey) Law 2002 there shall be inserted the following
Article –
“12A General
provisions as to offences
(1) Where an offence 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.
(2) Where the affairs of a body corporate are
managed by its members, paragraph (1) shall apply in relation to acts and
defaults of a member in connection with the member’s functions of
management as if he or she were a director of the body corporate.
(3) Any person who aids, abets, counsels or
procures the commission of an offence under this Law shall also be guilty of an
offence and liable in the same manner as a principal offender to the penalty
provided for that offence.”.
5 Citation
and commencement
This Law may be cited as the Children and Day Care (Amendment)
(Jersey) Law 2005 and shall come into force on the seventh day following its
registration.
M.N. DE LA HAYE
Greffier of the States.