Rehabilitation of Offenders (Exceptions) (Amendment No. 2) (Jersey) Regulations 2020

Embedded Image

Rehabilitation of Offenders (Exceptions) (Amendment No. 2) (Jersey) Regulations 2020

Made                                                                                                 21st January 2020

Coming into force                                                                        28th January 2020

THE STATES make these Regulations under Articles 8(5) and 10(3) of the Rehabilitation of Offenders (Jersey) Law 2001[1] –

1        Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 2002 amended

In the Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 2002[2], after Article 13, there is inserted –

“13A Licensing of controlled drugs

(1)     This Regulation applies with respect to –

(a)     a licence issued under Article 3 of the Misuse of Drugs (General Provisions) (Jersey) Order 2009[3] to produce, supply, offer to supply or possess a controlled drug; and

(b)     a licence issued under Article 10 of that Order to cultivate plants of the genus Cannabis.

(2)     Article 10(1) of the Law shall not apply when a question is asked in order to assess the suitability of a person to hold a licence referred to in paragraph (1), if the question relates to –

(a)     the applicant for or the holder of such a licence; or

(b)     a person who, as a result of his or her role in, or relationship to, the applicant for or holder of such a licence –

(i)      is required to be named in the application for the licence, or

(ii)      would have been so required had the person been in that role or had that relationship at the time the application was made.

(3)     Article 10(2)(b) of the Law shall not, in the context of any matter related to an application for a licence referred to in paragraph (1), apply to a person’s role in, or relationship to, an applicant for or a holder of such a licence.

(4)     Article 7 of the Law shall not apply to any proceedings in respect of the refusal of, or the imposition of conditions attached to, a licence referred to in paragraph (1).”.

2        Citation and commencement

These Regulations may be cited as the Rehabilitation of Offenders (Exceptions) (Amendment No. 2) (Jersey) Regulations 2020 and come into force on the seventh day after the day on which they are made.

L.-M. HART

Deputy Greffier of the States

 

 




[1]                                     chapter 08.840

[2]                                     chapter 08.840.50

[3]                                     chapter 08.680.60


Page Last Updated: 20 Feb 2020