HARBOURS (ADMINISTRATION) (AMENDMENT No. 5) (JERSEY) LAW 2000

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A LAW     to amend further the Harbours (Administration) (Jersey) Law 1961; sanctioned by Order of Her Majesty in Council of the

15th day of NOVEMBER 2000

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(Registered on the24th day of November 2000)

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STATES OF JERSEY

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The 19th day of July 2000

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                THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law -

ARTICLE 1

                In this Law “principal Law” means the Harbours (Administration) (Jersey) Law 1961,[1] as amended.[2]

ARTICLE 2

                After Article 4(3) of the principal Law[3] there shall be inserted the following paragraph -

          “(3A)  Without prejudice to the generality of paragraph (1) of this Article, regulations made under this Article may -

          (a)     require the payment of fees or charges in respect of any matters arising under or provided for or authorized by this Law or by such regulations; and

          (b)     provide that any person who contravenes or fails to comply with any provision of the regulations, or any direction or order made or issued thereunder, shall be guilty of an offence and liable, for each such offence, to such penalty as the regulations may prescribe.”.

ARTICLE 3

                For Article 4A(1) of the principal Law[4] there shall be substituted the following paragraph -

          “(1)   Where a person is charged with any offence under regulations made under Article 4 of this Law and accepts the decision of the Connétable or any Centenier of the parish in which the offence was committed, that Connétable or Centenier may inflict and levy summarily a fine of an amount not exceeding level 1 on the standard scale as it had effect at the time when such offence was committed.”.

ARTICLE 4

                For Article 4B of the principal Law⁴ there shall be substituted the following Article -

“ARTICLE 4B

Application of fines

          (1)     Save as provided by paragraph (2) of this Article, all fines imposed for offences under regulations made under Article 4 of this Law shall be awarded for the benefit of the annual income of the States.

          (2)     Where a fine is imposed pursuant to paragraph (1) of Article 4A of this Law, one half of that fine shall be awarded for the benefit of the parish in which the offence was committed and the other half shall be awarded for the benefit of the annual income of the States and applied towards the cost of maintaining any harbour in that parish.”.

ARTICLE 5

                This Law may be cited as the Harbours (Administration) (Amendment No. 5) (Jersey) Law 2000 and shall come into force on the seventh day following registration.

                                                                                      C.M. NEWCOMBE

Deputy Greffier of the States.