States of Jersey
(Powers, Privileges and Immunities) (Scrutiny panels, PAC and PPC) (Jersey)
Regulations 2006
Made 4th April 2006
Coming into force 11th
April 2006
THE STATES, in pursuance of Article 48 of the States of Jersey Law 2005[1], have made the following
Regulations –
PART 1
Preliminary
1 Interpretation
Expressions defined in standing orders have the same meaning in
these Regulations.
2 Application
to members of the States
These Regulations shall not –
(a) confer
any power to issue a summons requiring the appearance of, or the production of
documents by, a member of the States; or
(b) confer
any privileges or immunity on a member of the States.
PART 2
Scrutiny panels and the PAC
3 Power
of scrutiny panel or the PAC to issue summons
(1) Before
issuing a summons requiring a person to appear before it and to give evidence
and produce documents to it, a scrutiny panel or the PAC must –
(a) request
the person to so appear;
(b) accommodate
any reasonable request by the person as to the day and time of the appearance;
and
(c) where
it would be appropriate to do so, having regard to the nature of the evidence
or documents, undertake to hear the evidence in private or receive the
documents in confidence.
(2) If
a person refuses to comply with a request made under paragraph (1) the
scrutiny panel or the PAC may summons the person to appear before it and to
give evidence and produce documents to it if the panel or the PAC is satisfied
that the evidence is, or the documents sought from the person are, relevant to
a matter that it is investigating.
4 Procedure
for issue of summons by a scrutiny panel or the PAC
(1) A
scrutiny panel or the PAC shall inform the Greffier of its decision to issue a
summons.
(2) The
Greffier shall prepare the summons and sign it.
(3) The
summons shall –
(a) state
the day and time when the person is required to appear;
(b) indicate,
in general terms, the issues on which the scrutiny panel or PAC proposes to
question the person;
(c) be
accompanied by information regarding –
(i) how the summons
may be challenged, and
(ii) the offences in
Regulation 22.
(4) The
summons may require the person to produce –
(a) all
documents;
(b) specified
documents;
(c) documents
described by reference to their subject matter or any other factor,
which are relevant to the matter that the scrutiny panel or PAC is
investigating.
(5) The
day on which the person is to appear must be at least 10 working days after the
day the summons is served on the person.
(6) The
Greffier shall cause the summons to be served on the person by personal
service or ordinary service.
5 Challenging
a summons issued by a scrutiny panel or the PAC
(1) A
person may challenge a summons issued by a scrutiny panel or the PAC on any of
the following grounds –
(a) that
Regulation 3(1) was not complied with before the summons was issued;
(b) that
any requirement of Regulation 4 was not complied with in respect of the
summons;
(c) that
the evidence is, or the documents are, not relevant or necessary to the matter
that the scrutiny panel or the PAC is investigating;
(d) that
the evidence is or documents are privileged;
(e) that
the prejudice to the person that would ensue from appearing before the scrutiny
panel or the PAC and giving the evidence and, where required, producing the
documents, so far outweighs the usefulness of the evidence or documents to the
panel or the PAC that it would be unreasonable to require the person to appear.
(2) The
person must notify the Greffier, in writing, that he or she wishes to challenge
the summons and of the grounds for his or her challenge.
(3) Once
the person has so notified the Greffier –
(a) the
Greffier shall inform the PPC and the scrutiny panel or the PAC of the
challenge; and
(b) the
person shall not be required to obey the summons unless, on review, it is
upheld by the PPC.
6 Review
of challenge of summons issued by a scrutiny panel or the PAC
(1) The
PPC shall review the challenge as soon as is practicable.
(2) A
member of the PPC who is connected with or involved in the matter being
investigated by the scrutiny panel or PAC whose summons is being challenged, or
who is a member of the scrutiny panel or PAC, shall not take any part in the
review.
(3) The
PPC shall undertake such investigations into the matter as it sees fit and may,
as part of the investigations, request submissions, either in writing or in
person, from –
(a) the
chairman and any member of the scrutiny panel or PAC;
(b) the
person who has challenged the summons;
(c) any
other person whose submission is, in the opinion of the PPC, relevant to its
review of the challenge.
(4) After
it has concluded its investigations the PPC shall either –
(a) uphold
the summons as served;
(b) uphold
the summons with such alterations as it considers appropriate; or
(c) direct
that the person is not required to obey the summons.
(5) The
PPC shall inform the person who challenged the summons, and the scrutiny panel
or the PAC, of its decision and the reasons for it.
7 Challenge
and review of question put by a scrutiny panel or the PAC
(1) A
person appearing before a scrutiny panel or the PAC in answer to a summons may
challenge a question put by the scrutiny panel or PAC on the ground
that –
(a) the
question is not relevant or necessary to the matter that the scrutiny panel or
PAC is investigating;
(b) the
evidence sought is privileged; or
(c) the
prejudice to the person that would ensue if he or she answered the question so
far outweighs the usefulness of the answer to the scrutiny panel or PAC that it
would be unreasonable to require the person to answer.
(2) Once
the person has made the challenge, he or she is not required to answer the
question unless the PPC directs that it must be answered.
(3) Paragraphs
(1) to (3) of Regulation 6 shall apply to a review of a challenge to a
question as they apply to a review of a challenge to a summons.
(4) After
it has concluded its investigations the PPC shall direct –
(a) that
the question must be answered; or
(b) that
the question need not be answered.
(5) The
PPC shall inform the person who challenged the question, and the scrutiny panel
or PAC, of its decision and the reasons for it.
8 Privileges
and immunity of person appearing before or producing documents to a scrutiny
panel or the PAC
(1) A
person asked or required to give evidence or produce documents before a
scrutiny panel or the PAC shall be entitled, in respect of such evidence and
documents, to legal professional privilege and privilege against
self-incrimination.
(2) An
answer given by a person to a question put to that person, an oral or written
statement made by a person, or a document produced by a person, in the course
of his or her appearance before a scrutiny panel or the PAC shall not, except
in the case of proceedings for an offence under these Regulations, be
admissible in evidence against that person in any civil or criminal
proceedings.
(3) Paragraph (2)
shall not apply to evidence given or documents produced by that person which he
or she knows to be untrue.
9 Immunity
of member of the PAC who is not a member of the States
No civil or criminal proceedings may be instituted against a member
of the PAC who is not also a member of the States for any words spoken or
written –
(a) before
or within the PAC; or
(b) in
a report to the PAC or a report presented by the PAC to the States.
10 Application
of Part 2 to sub-panel etc of a scrutiny panel
Where a scrutiny panel establishes a sub-panel under standing order
135, or appoints a member under standing order 136, to review, consider,
scrutinize or liaise upon any particular matter, this Part shall have effect
with the modifications necessary –
(a) to
enable the sub-panel or member to make a request under Regulation 3(1);
(b) to
empower the scrutiny panel to issue a summons requiring a person to appear and
give evidence before and produce documents to the sub-panel or member;
(c) to
confer on a person who gives evidence before or produces any document to the
sub-panel or member the same privileges and immunity as a person who gives
evidence before or produces any document to a scrutiny panel.
PART 3
INVESTIGATION BY PPC OF BREACH OF CODE OF
CONDUCT
11 Application
of Part 3
The powers conferred by this Part on the PPC are exercisable only
for the purpose of an investigation, pursuant to standing orders, of a
suspected breach of the code of conduct for elected members.
12 Power
of the PPC to issue summons
(1) Before
issuing a summons requiring a person to appear before it and to give evidence
and produce documents to it, the PPC must –
(a) request
the person to so appear;
(b) accommodate
any reasonable request by the person as to the day and time of the appearance;
and
(c) where
it would be appropriate to do so, having regard to the nature of the evidence
or documents, undertake to hear the evidence in private or receive the
documents in confidence.
(2) If
a person refuses to comply with a request made under paragraph (1) the PPC may
summons the person to appear before it and to give evidence and produce
documents to it if the PPC is satisfied that the evidence is, or the documents
sought from the person are, relevant to a matter that it is investigating.
13 Procedure
for issue of summons by the PPC
(1) The
PPC shall inform the Greffier of its decision to issue a summons.
(2) The
Greffier shall prepare the summons and sign it.
(3) The
summons shall –
(a) state
the day and time when the person is required to appear;
(b) indicate,
in general terms, the issues on which the PPC proposes to question the person;
(c) be
accompanied by information regarding –
(i) how the summons
may be challenged, and
(ii) the offences in
Regulation 22.
(4) The
summons may require the person to produce –
(a) all
documents;
(b) specified
documents;
(c) documents
described by reference to their subject matter or any other factor,
which are relevant to the matter that the PPC is investigating.
(5) The
day on which the person is to appear must be at least 10 working days after the
day the summons is served on the person.
(6) The
Greffier shall cause the summons to be served on the person by personal
service or ordinary service.
14 Challenging
a summons issued on behalf of the PPC
(1) A
person may challenge a summons on any of the following grounds –
(a) that
the summons was not issued for the purpose described in Regulation 11;
(b) that
Regulation 12(1) was not complied with before the summons was issued;
(c) that
any requirement of Regulation 13 was not complied with in respect of the summons;
(d) that
the evidence is, or the documents are, not relevant or necessary to the matter
that the PPC is investigating;
(e) that
the evidence is or the documents are privileged;
(f) that
the prejudice to the person that would ensue from appearing before the PPC and
giving the evidence and, where required, producing the documents so far
outweighs the usefulness of the evidence or documents to the PPC that it would
be unreasonable to require the person to appear.
(2) The
person must notify the Greffier, in writing, that he or she wishes to challenge
the summons and of the grounds for his or her challenge.
(3) Once
the person has so notified the Greffier –
(a) the
Greffier shall inform the PPC of the challenge; and
(b) the
person shall not be required to obey the summons unless, on review, it is
upheld by the panel described in Regulation 15(1).
15 Review
of challenge of summons issued on behalf of the PPC
(1) The
challenge shall be reviewed, as soon as is practicable, by a panel comprised of
the 1st Senator called in the roll of elected members, the 1st
Connétable so called and the 1st Deputy so called, disregarding any
Senator, Connétable or Deputy who –
(a) is
a member of the PPC; or
(b) is
connected with or involved in the matter that the PPC is investigating.
(2) The
panel shall undertake such investigations into the matter as it sees fit and
may, as part of the investigations, request submissions, either in writing or
in person, from –
(a) the
chairman and any member of the PPC;
(b) the
person who has challenged the summons;
(c) any
other person whose submission is, in the opinion of the panel, relevant to its
review of the challenge.
(3) After
it has concluded its investigations the panel shall either –
(a) uphold
the summons as served;
(b) uphold
the summons with such alterations as it considers appropriate; or
(c) direct
that the person is not required to obey the summons.
(4) The
panel shall inform the person who challenged the summons, and the PPC, of its
decision and the reasons for it.
16 Challenge
and review of question put by the PPC
(1) A
person appearing before the PPC in answer to a summons may challenge a question
put by the PPC on the ground that –
(a) the
question is not relevant or necessary to the matter that the PPC is
investigating;
(b) the
evidence sought is privileged; or
(c) the
prejudice to the person that would ensue if he or she answered the question so
far outweighs the usefulness of the answer to the PPC that it would be
unreasonable to require the person to answer.
(2) Once
the person has made the challenge, he or she is not required to answer the
question unless the panel described in Regulation 15(1) directs that it
must be answered.
(3) Paragraphs
(1) and (2) of Regulation 15 shall apply to a review of a challenge to a
question as they apply to a review of a challenge to a summons.
(4) After
it has concluded its investigation the panel described in Regulation 15(1)
shall direct –
(a) that
the question must be answered; or
(b) that
the question need not be answered.
(5) The
panel shall inform the person who challenged the summons, and the PPC, of its
decision and the reasons for it.
17 Privileges
and immunity of person appearing before or producing documents to the PPC
(1) A
person asked or required to give evidence or produce documents before the PPC
shall be entitled, in respect of such evidence or documents, to legal
professional privilege and privilege against self-incrimination.
(2) An
answer given by a person to a question put to that person, an oral or written
statement made by a person, or a document produced by a person, in the course
of his or her appearance before the PPC, shall not, except in the case of
proceedings for an offence under these Regulations, be admissible in evidence
against that person in any civil or criminal proceedings.
(3) Paragraph (2)
shall not apply to evidence given or documents produced by that person which he
or she knows to be untrue.
18 Immunity
of member of panel acting for the PPC who is not a member of the States
(1) This Regulation applies to a
person –
(a) who is not a member of the States; and
(b) who is a member of a panel appointed by the
PPC, pursuant to standing orders, to investigate an act.
(2) No civil or criminal proceedings may be
instituted against the person for any words spoken or written –
(a) before or within the panel; or
(b) in the panel’s report to the PPC.
19 Application of
Part 3 to panel acting for the PPC
Where, pursuant to standing orders, the PPC appoints a panel to
investigate an act this Part shall have effect with the modifications
necessary –
(a) to
enable the panel to make a request under Regulation 12(1);
(b) to
empower the PPC to issue a summons requiring a person to appear and give
evidence before and produce documents to the panel;
(c) to
confer on a person who gives evidence before or produces any document to the
panel the same privileges and immunity as a person who gives evidence before or
produces any document to the PPC.
PART 4
Miscellaneous and closing
20 Personal
service
(1) For
the purposes of these Regulations, personal service of a summons is effected by
leaving it with the person to be served.
(2) In
the case of personal service on a body corporate, such service may be effected
by leaving the summons with the president or chairman, or the secretary,
treasurer or other similar officer of the body corporate or by leaving it at or
delivering it to the registered office of the body corporate.
21 Ordinary
service
(1) For
the purposes of these Regulations, ordinary service of a summons is
effected –
(a) in
the case of service on an individual –
(i) by leaving it at
the last known address or last known place of business of the person to be
served, or
(ii) by sending it by
ordinary post to the last known address or last known place of business of the
person to be served;
(b) in
the case of service on a body corporate –
(i) by leaving it at
or sending it by ordinary post to the registered or principal office of the
body corporate, or
(ii) by leaving it at
or sending it by ordinary post to the last known place of business of the body
corporate.
(2) Without
prejudice to Article 7 of the Interpretation (Jersey) Law 1954[2] a document sent by post to
an address in Jersey shall, unless the contrary is proved, be deemed to have
been served on the 2nd day after the day on which it was posted, days on which
there is no collection or delivery excepted.
22 Offences
(1) A
person shall be guilty of an offence if he or she, without reasonable
excuse –
(a) disobeys
any requirement of a summons issued under these Regulations; or
(b) when
summoned under these Regulations refuses to comply with a requirement to
be examined before, or to answer any lawful and relevant question put by, the
committee or panel which issued the summons or, as the case may be, on whose
behalf the summons was issued under Regulation 10(b) or 19(b).
(2) A
person guilty of an offence under paragraph (1) shall be liable to a fine
of level 4 on the standard scale.
23 Citation
and commencement
(1) These
Regulations may be cited as the States of Jersey (Powers, Privileges and
Immunities) (Scrutiny panels, PAC and PPC) (Jersey) Regulations 2006.
(2) These
Regulations shall come into force 7 days after they are made.
m.n. de la haye
Greffier of the States