Jersey R&O 122/2002
REHABILITATION OF OFFENDERS (EXCEPTIONS) (JERSEY)
REGULATIONS 2002
____________
ARRANGEMENT OF REGULATIONS
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Opening provisions
1. Interpretation
2. “Work” to include
voluntary work, etc.
3. General conditions for questions
General categories
4. Judiciary and
legislature
5. Professions
6. Law enforcement
officers
7. Other posts related to the judiciary,
the legislature and law enforcement
8. Official Analyst and staff
9. Lieutenant Governor’s staff
10. Firearms, explosives
and fireworks
11. Gambling
12. PSV licence and badge
holders
13. Liquor licensing
14. Security of the Island
15. International
co-operation
Contact with children and other vulnerable persons
16. Adopters and foster
parents
17. Work with children
18. Work with vulnerable
persons
Financial services
19. Jersey
Financial Services Commission
20. Supervision of
financial services by Commission
21. Work in supervised
financial services
General provisions
22. General rule for information
held in the course of official duties
23. Proceedings before
Mental Health Review Tribunal
24. General rules for
proceedings
Closing provision
25. Citation and
commencement
Rehabilitation of
Offenders (Jersey) Law 2001
____________
REHABILITATION OF OFFENDERS (EXCEPTIONS) (JERSEY)
REGULATIONS 2002
____________
(Promulgated on the 26th
day of October 2002)
____________
STATES OF JERSEY
____________
The 23rd day of October 2002
____________
THE STATES, in pursuance of Articles 8(5), 10(3) and 11(4) of the Rehabilitation
of Offenders (Jersey) Law 2001, have made the following Regulations -
Opening provisions
Interpretation
1.-(1) In these Regulations,
except where the context otherwise requires -
“children” means persons not of
full age;
“Commission” means the Jersey
Financial Services Commission established by Article 2 of the Financial
Services Commission (Jersey) Law 1998;
“compulsory school age” has the
same meaning as in the Education (Jersey) Law
1999;
“firearms dealer” has the same
meaning as in the Firearms (Jersey) Law 2000;
“Law” means the Rehabilitation
of Offenders (Jersey) Law 2001;
“prison” has the same meaning as
in the Prison (Jersey) Law 1957;
“relevant offence” means -
(a) an offence involving fraud or other
dishonesty;
(b) an offence under any enactment (whether or
not of the Island) relating to banking or other financial services, building
societies, collective investment funds, companies (including insider dealing),
consumer credit, consumer protection, credit unions, friendly societies,
industrial and provident societies, insurance, insolvency or money laundering;
(c) an offence of perjury or conspiracy to
pervert the course of justice;
(d) an offence committed (whether under the law
of the Island or elsewhere) in connection with, or in relation to taxation, for
which a person aged 21 or more may be sentenced to imprisonment for a term of 2
years or more.
(2) Where these Regulations disapply any
provision of the Law, the disapplication extends to spent convictions for
offences of every description, unless it is expressed to extend only to spent
convictions for relevant offences.
(3) A reference in these Regulations to a
Regulation by number only and without further identification is a reference to
the Regulation of that number in these Regulations.
(4) A reference in a Regulation to a paragraph,
sub-paragraph or clause by number or letter only and without further
identification is a reference to the paragraph, sub-paragraph or clause of that
number or letter in the Regulation.
(5) Unless the context otherwise requires, a
reference in these Regulations to an enactment is a reference to that enactment
as amended from time to time and includes a reference to that enactment as
extended or applied under another enactment, including another provision of
these Regulations.
“Work” to include
voluntary work, etc.
2. In these Regulations -
“work” includes -
(a) work of any kind, whether paid or unpaid,
and whether under a contract of service or apprenticeship, under a contract for
services, or otherwise than under a contract; and
(b) an office established by or by virtue of an
enactment.
General conditions for
questions
3.-(1) Except in Regulation
15, these Regulations shall apply only to a question -
(a) if, at the time the question is asked, the person questioned is
informed that, by virtue of these Regulations -
(i) in
the case of a question to which Regulation 20 or 21 applies, spent convictions
for any relevant offence must be disclosed, and
(ii) in
the case of a question asked to which any other provisions of these Regulations
applies, all spent convictions must be disclosed; and
(b) where the person to whom the question
relates is not the person questioned, if, before the question is asked, the
person to whom it relates is informed that it will be asked and of the
requirements for disclosure referred to in sub-paragraph (a).
(2) Save as provided in Regulation 21,
these Regulations shall apply only to a question asked by or on behalf of a
person in the course of the duties of his office or employment.
General categories
Judiciary and legislature
4.-(1) Article 10(1) of
the Law shall not apply when a question
is asked in order to assess the suitability of the person to whom the
question relates -
(a) for any judicial appointment, being an appointment to any office
by virtue of which the holder has power (whether alone or with others) under
any enactment or rule of law to determine any question affecting the rights,
privileges, obligations or liabilities of any person;
(b) for appointment as -
(i) Attorney General, Solicitor General or a
Crown Advocate,
(ii) Judicial Greffier, Deputy Judicial Greffier
or a Greffier Substitute,
(iii) Viscount, Deputy Viscount or a Viscount
Substitute,
(iv) Greffier of the States or Deputy Greffier of
the States.
(2) Article 10(2)(b) of the Law shall not apply to any appointment mentioned in paragraph (1).
Professions
5.-(1) Article
10(1) of the Law8 shall not apply when a question is asked in order to assess the
suitability of the person to whom the question relates for admission as an
advocate or solicitor of the Royal
Court.
(2) Article 10(1) of the Law8 shall not
apply when a question is asked in order to assess the suitability of the person
to whom the question relate for authorization, enrolment, recognition or
registration, as the case may be, to practice any of the following professions
in the Island, namely -
(a) medical practitioner, pursuant to the Medical Practitioners
(Registration) (Jersey) Law 1960;
(b) dentist, pursuant to the Dentists (Registration) (Jersey) Law 1961 or ancillary dental worker, pursuant to Article 10 of that Law;
(c) opthalmic optician or dispensing optician, pursuant to the
Opticians (Registration) (Jersey) Law 1962;
(d) pharmacist, pursuant to the Pharmacy, Poisons and Medicines (Jersey) Law 1952;
(e) midwife,
pursuant to the Loi (1922) sur la Santé Publique (Sage-femmes);
(f) veterinary surgeon,
pursuant to the Veterinary Surgeons (Jersey)
Law 1999;
(g) any profession to which the Health Care (Registration) (Jersey) Law 1995 applies and which is undertaken following registration under that
Law.
(3) Article 10(2)(b) of the Law shall not apply to -
(a) the dismissal or exclusion of any person from the profession of
advocate or solicitor of the Royal
Court;
(b) the cancellation of any authorization, enrolment, recognition or
registration to practice in the Island any profession
mentioned in paragraph (2).
(4) Article 7 of the Law shall not apply to -
(a) any proceedings in respect of a person’s admission as an
advocate or solicitor of the Royal
Court or any disciplinary proceedings against such
a person; or
(b) any proceedings in respect of the cancellation of any person’s
authorization, enrolment, recognition or registration to practice in the Island any profession mentioned in paragraph (2).
Law enforcement officers
6.-(1) Article
10(1) of the Law16 shall not apply when a question is asked in order to assess the
suitability of the person to whom the question relates for office or
appointment as -
(a) a member of the States of Jersey Police
Force;
(b) a member of the Honorary Police;
(c) a member of the Port Control Unit established by
Article 13B of the Police Force (Jersey)
Law 1974;
(d) a police cadet, to undergo training with a view to becoming a
member of the States of Jersey Police Force;
(e) a customs officer, pursuant to Article 4 of the Customs and
Excise (Jersey) Law 1999;
(f) an immigration officer, pursuant to paragraph 1 of Part 1 of
Schedule 2 to the Immigration Act 1971, as it is applied to the Island pursuant to the Immigration (Jersey)
Order 1993;
(g) a fishery officer, pursuant to Article 14 of the Sea Fisheries (Jersey) Law 1994;
(h) a traffic officer, pursuant to the Motor Traffic (Jersey) Law 1935.
(2) Article 10(2)(b) of the Law shall not apply to any office or appointment mentioned in paragraph
(1).
(3) Article 7 of the Law shall not apply to disciplinary proceedings against any officer
mentioned in paragraph (1)(a) to (c) or a police cadet.
Other posts related to the
judiciary, the legislature and law enforcement
7.-(1) Article
10(1) of the Law23 shall not apply when a question is asked in order to assess the
suitability of the person to whom the question relates -
(a) for appointment to the Bailiff’s Department, the Law Officers
Department, the Viscount’s Department or the Judicial Greffe;
(b) for employment for the purposes of or to assist members of the
States of Jersey Police Force or Honorary Police;
(c) for employment concerned with the administration of or otherwise
normally carried out wholly or partly within the precincts of the prison;
(d) for
appointment as a probation officer, being a person named or designated as a
délégué pursuant to the Loi (1937) sur l’atténuation des peines et sur la
mise en liberté surveillée;
(e) for designation as a
relevant officer pursuant to Article 10 of the Criminal Justice (Community
Service Orders) (Jersey) Law 2001.
(2) Article 10(2)(b) of the Law shall not apply to any appointment, employment or office mentioned
in paragraph (1).
Official Analyst and staff
8.-(1) Article
10(1) of the Law27 shall not apply when a question is asked in order to assess the
suitability of the person to whom the question relates -
(a) for appointment as Official Analyst;
(b) for employment in the laboratory of the Official Analyst.
(2) Article 10(2)(b) of the Law27 shall not
apply to any appointment or employment mentioned in paragraph (1).
(3) In this Regulation, “Official Analyst” has
the same meaning as in the Food and Drugs (Jersey)
Law 1966.
Lieutenant Governor’s
staff
9.-(1) Article 10(1)
of the Law shall not apply when a question is asked in order to assess the
suitability of the person to whom the question relates for employment within
the official residence of the Lieutenant Governor.
(2) Article 10(2)(b) of the Law29 shall not
apply to any employment falling within paragraph (1).
Firearms, explosives and
fireworks
10.-(1) Article 10(1)
of the Law29 shall not apply when a question is asked in order to assess the
suitability of the person to whom the question relates -
(a) to pursue any of the following occupations or to pursue any of
them subject to a particular condition or restriction, namely -
(i) firearms dealer,
(ii) any occupation in respect of which a
person, as occupier of premises on which explosives are kept, is required to
obtain a licence from the Home Affairs Committee under the Explosives (Jersey)
Law 1970,
(iii) any occupation in respect of which a person,
as seller of fireworks, is required to obtain a licence from a Connétable under
Article 7 of the Explosives (Jersey) Law 1970;
(b) to hold any of the following certificates, permits or licences
or to hold any of them subject to a particular condition or restriction -
(i) a firearm certificate issued under the
Firearms (Jersey) Law 2000,
(ii) a permit issued under Article 12(1)(c),
14(8), 19(2) or 50 of the Firearms (Jersey)
Law 2000,32
(iii) any licence granted under the Explosives (Jersey) Law 1970.
(2) Article 10(2)(b) of the Law shall not apply to any occupation mentioned in paragraph (1)(a).
(3) Article 7 of the Law shall not apply to any proceedings under the Firearms (Jersey) Law 200032 in respect of -
(a) the registration of a person as a firearms dealer, the removal
of a person’s name from a register of firearms or the imposition, variation, or
revocation of conditions of any such registration;
(b) the grant, renewal, variation or revocation of a firearm
certificate;
(c) the grant of a permit under Article 12(1)(c), 14(8), 19(2) or 50
of that Law;
(d) the grant, renewal, variation or cancellation of a licence under
the Explosives (Jersey) Law 1970.33
Gambling
11.-(1) Article 10(1)
of the Law shall not apply when a question is asked in order to assess the
suitability of the person to whom the question relates -
(a) to hold any licence or certificate issued by or be registered by
the Gambling Control Committee; or
(b) for employment in any occupation for which any such licence,
certificate or registration is required.
(2) Article 7 of the Law shall not apply to any proceedings in respect of the refusal,
imposition of conditions upon or variation or revocation of any licence or
certificate granted by or any registration by the Gambling Committee.
(3) Article 10(2)(b) of the Law36 shall not
apply to any occupation to which paragraph (1)(a) applies.
PSV licence and badge
holders
12.-(1) Article 10(1)
of the Law36 shall not apply when a question is asked in order to assess the
suitability of the person to whom the question relates -
(a) to hold a public service vehicle licence;
(b) to be issued with a badge to drive a public service vehicle
licence;
(c) for employment in any occupation for which such a licence or
badge is required.
(2) Article 7 of the Law37 shall not
apply to any proceedings in respect of the refusal, suspension or revocation of
a public service vehicle licence or a badge.
(3) Article 10(2)(b) of the Law shall not apply to employment in any occupation falling within
paragraph (1)(c).
(4) In this Regulation, “badge”, “public
service vehicle” and “public service vehicle licence” have the same meaning as
in the Motor Traffic (Jersey) Law 1935.
Liquor licensing
13.-(1) Article 10(1)
of the Law38 shall not apply when a question is asked in order to assess the
suitability of the person to whom the question relates -
(a) to be granted a licence under the 1974 Law;
(b) to be registered as a manager of licensed premises;
(c) to be approved as a deputy for a licence holder or manager
pursuant to Article 20 of the 1974 Law;
(d) for employment in any occupation which requires the employee to
hold a licence under the 1974 Law or be registered as a manager of licensed
premises or approved pursuant to Article 20 of that Law.
(2) Article 7 of the Law shall not apply to any proceedings in respect of -
(a) the refusal of, imposition of conditions upon or variation of
any licence or in respect of the grant of a licence of a category different
from that applied for;
(b) the refusal of registration of a person as manager of licensed
premises;
(c) the refusal of approval of a person pursuant to Article 20 of
the 1974 Law.
(3) Article 10(2)(b) of the Law shall not apply to employment in any occupation falling within
paragraph (1)(d).
(4) In this Regulation, “1974 Law” means the
Licensing (Jersey) Law 1974 and “licence”, “licensed premises” and “manager” have the same
meaning as in that Law.
Security of the Island
14.-(1) Article 10(1)
of the Law41 shall not apply when a question is asked by or on behalf of an
officer mentioned in Article 36A(6) of the States of Jersey Law 1966 in order to assess, for the purposes of safeguarding the security
of the Island, the suitability of the person to whom the question relates for
any office or employment, where the person questioned is informed, at the time
the question is asked, that, by virtue of these Regulations, spent convictions
are to be disclosed for the purpose of safeguarding the security of the Island.
(2) Article 10(2)(b) of the Law41 shall not
apply to any exclusion or dismissal, for the purpose of safeguarding the
security of the Island, from an office or
employment to which paragraph (1) applies.
International co-operation
15. Article 10(1) of the Law41 shall not apply where
a question is put to the Attorney General or the States of Jersey
Police Force by -
(a) the Attorney General, or person of comparable office, of another place or territory; or
(b) a police force or other law enforcement agency of another place
or territory.
Contact with children and
other vulnerable persons
Adopters and foster parents
16. Article 10(1) of the Law shall not apply when a question is asked by or on behalf of a
person employed by the Adoption Service established by Article 1A of the
Adoption (Jersey) Law 1961 or by any of the approved adoption societies described in paragraph (4)
of that Article or by or on behalf of an officer of the Health and Social
Services Committee, for the purpose of assessing the suitability of any person
to adopt or foster children in general or a child in particular, where -
(a) the question relates to the person whose suitability is being
assessed; or
(b) the question relates to a person living in the same household as
the person whose suitability is being assessed.
Work with children
17.-(1) This Article applies to the following descriptions
of work with children -
(a) a position whose normal duties include work
in -
(i) an institution which is exclusively or
mainly for the detention of children,
(ii) a hospital or nursing home which is
exclusively or mainly for children,
(iii) a school which is exclusively or mainly for
the education of children, or
(iv) a children’s home or voluntary home within
the meaning of the Children (Jersey) Law 1969;
(b) a position whose normal duties include work on premises required
to be registered as a nursery under Article 68(1)(a) of the Children (Jersey) Law 1969, disregarding any work which is done -
(i) on a part of the premises in which
children are not looked after, or
(ii) at times when children are not looked
after;
(c) a position whose normal duties include caring for, training,
supervising or being in charge of children, otherwise than in the course of the
children’s employment;
(d) a position whose normal duties involve contact with children
otherwise than in the course of the children’s employment and in the absence of
a person who holds a position described in sub-paragraph (c) or of any of
the following persons -
(i) the child’s parent or guardian or any
adult with whom the child lives,
(ii) the person in charge of any establishment
mentioned in sub-paragraph (a) in which the child is accommodated, is a
patient or receives education, or any person acting on behalf of such a person,
(iii) a person whose premises are registered as a
nursery under Article 68(1)(a) of the Children (Jersey)
Law 1969,47
(iv) a person who is registered as a child minder
under Article 68(1)(b) of the Children (Jersey)
Law 1969,
(v) any person holding a position mentioned in
sub-paragraph (f);
(e) a position whose normal duties include caring for children under
the age of 16 in the course of the children’s employment;
(f) work in an institution providing -
(i) full and part-time education suitable to
the requirements of persons over compulsory school age (including vocational,
social, physical and recreational training), and
(ii) organized leisure time in connection with
the provision of such education,
where the normal
duties of that work involve regular contact with children;
(g) a position of line manager, being a position whose normal duties
include -
(i) supervising the day-to-day performance of
an individual’s duties in his work in a position mentioned in sub-paragraphs
(a) to (f),
(ii) being the person to whom an individual, in
his work in a position mentioned in sub-paragraphs (a) to (f), is directly
responsible for the performance of his duties in that work, or
(iii) having authority to dismiss an individual
from his work in a position mentioned in sub-paragraphs (a) to (f);
(h) trustee of a children’s charity;
(j) member of the governing body of a school;
(k) chief officer of an administration of the Education Committee;
(l) chief officer of an administration of the Health and Social
Services Committee or director of an administration of that Committee providing
services for children.
(2) For the purposes of paragraph (1)(h) -
(a) a charity is a children’s charity if the individuals who are
workers for the charity normally include individuals working in any position
mentioned in paragraph (1)(a) to (f);
(b) an individual is a worker for a charity if he does work under
arrangements made by the charity which are wholly or mainly for the purposes
for which the charity is established.
(2) Article 10(1) of the Law shall not apply when a question is asked in order to assess the
suitability of a person for any work with children where -
(a) the question relates to the person whose suitability is being
assessed;
(b) the person whose suitability is being assessed lives on the
premises where his work with children would take place and the question relates
to a person living in the same household as him;
(c) the person whose suitability is being assessed lives on the
premises where his work with children would normally take place and the
question relates to a person who regularly works on those premises at a time
when the work with children usually takes place; or
(d) the work for which the person’s suitability is being assessed is
child minding, being the reception of children as mentioned in Article 68(1)(b)
of the Children (Jersey) Law 1969, which would normally take place on premises other than premises
where that person lives and the question relates to a person who lives on those
other premises or to a person who regularly works on them at a time when the
child minding takes place.
(3) Article 10(2)(b) of the Law shall not apply to any work with children.
(4) Article 10(1) of the Law51 shall not
apply when a question is asked in order to assess the suitability of the person
to whom the question relates -
(a) to have premises registered as a nursery under Article 68(1)(a)
of the Children (Jersey) Law 1969; or
(b) to be registered as a childminder under Article 68(1)(b) of
that Law.
(5) Article 10(1) of the Law51 shall not
apply when a question is asked in order to assess, for the purposes of the
determination of an application for registration of a non-provided school
pursuant to Article 40 of the Education (Jersey) Law 1999, the suitability of a person to be the proprietor of or a teacher in
a non-provided school.
(6) Article 7 of the Law shall not apply to any proceedings arising from any determination
regarding the suitability of a person for any purpose described in paragraph
(4) or (5).
(7) Article 10(1) of the Law51 shall not
apply where a question is asked in order to assess the suitability of a person
to enrol in any course of education which includes a work placement in a position
falling within paragraph (1)(c).
Work with vulnerable persons
18.-(1) Article 10(1)
of the Law shall not apply when a question is asked in order to assess the
suitability of the person to whom the question relates -
(a) for any employment or work which is concerned with the provision
of social services and of such a kind as to enable the employee or person
engaged in that work to have access to any of the following classes of persons
in the course of his normal duties, namely -
(i) persons over the age of 65,
(ii) persons suffering from serious mental
illness or mental disorder of any description,
(iii) persons addicted to alcohol or drugs,
(iv) persons who are blind, deaf or dumb, or
(v) other persons who are substantially and
permanently disabled by illness, injury or congenital condition;
(b) for any employment or work which is concerned with the provision
of health services and of such a kind as to enable the employee or person
engaged in that work to have access to persons in receipt of such services in
the course of his normal duties;
(c) for any occupation which is concerned with the management or
carrying on of a nursing home;
(d) for appointment as a curator under Article 50 of the Mental
Health (Jersey) Law 1969.
(2) Article 10(1) of the Law56 shall not
apply when a question is asked by or on behalf of any person in order to assess
the suitability of the person to whom the question relates for registration
under the Nursing and Residential Homes (Jersey) Law 1994.
(3) Article 10(2)(b) of the Law shall not apply to any employment, work, occupation or appointment
mentioned in paragraph (1).
(4) Article 7 of the Law shall not apply to any proceedings in respect of any determination
regarding the suitability of a person for registration under the Nursing and
Residential Homes (Jersey) Law 1994.58
Financial services
Jersey Financial Services
Commission
19.-(1) Article 10(1)
of the Law59 shall not apply when a question is asked in order to assess the
suitability of the person to whom the question relates -
(a) for appointment as a Commissioner of the Commission, pursuant to
Article 3 of the Financial Services Commission (Jersey)
Law 1998;
(b) for appointment as an officer, servant or agent of the
Commission, pursuant to Article 9 of that Law.
(2) Article 10(2)(b) of the Law59 shall not
apply to any appointment mentioned in paragraph (1).
Supervision of financial
services by Commission
20.-(1) In
this Regulation and Regulation 21 -
“1988 Law” means the
Collective Investment Funds (Jersey) Law 1988;
“1991 Law” means the
Banking Business (Jersey) Law 1991;
“1996 Law” means the
Insurance Business (Jersey) Law 1996;
“1998 Law” means the
Financial Services (Jersey) Law 1998;
“controller”
has the same meaning as in the 1991 Law;
“finance employee”
means an employee whose duties include -
(a) having control of or advising upon any
property, including money and investments, belonging to a client of the
employer;
(b) being responsible for ensuring that the
employer’s business is conducted in compliance with the requirements of the
1988 Law, 1991 Law, 1996 Law and 1998 Law;
(c) being the person to whom, in accordance
with any procedure established by the employer, another employee must disclose
any suspicion of a money laundering offence,
and, subject to paragraph (2), the expressions “associate”,
“principal person” and “relevant supervisory authority”, when used in relation
to any of the aforementioned Laws, shall have the same meaning as in that Law.
(2) The expression “associate” shall not
include -
(a) a person’s husband, wife, child or
stepchild;
(b) a person who, apart from this paragraph, would be an associate
by virtue only of being an employee of a company, unless the person’s duties
include any of the functions described in the definition “finance employee” in
paragraph (1).
(3) Article 10(1) of the Law shall not apply to a spent conviction for a relevant offence when a
question is asked by or on behalf of the Commission -
(a) in the discharge of its functions under the 1988 Law, in
relation to -
(i) a holder of or an applicant for a permit
under that Law,
(ii) a principal person in relation to a holder
of or applicant for a permit under that Law,
(iii) an associate or finance employee of a holder
of or applicant for a permit under that Law;
(b) in the discharge of its functions under the 1991 Law, in
relation to -
(i) a person registered or who has applied for
registration under that Law,
(ii) an associate, controller, director, finance
employee or manager of a person registered or who has applied for registration under
that Law;
(c) in the discharge of its functions under the 1996 Law, in
relation to -
(i) a holder of or an applicant for a permit
under that Law,
(ii) an associate, chief executive, director,
finance employee or shareholder controller of a holder of or applicant for a
Category B permit under that Law;
(d) in the discharge of its functions under the 1998 Law, in
relation to -
(i) a person registered under that Law,
(ii) an applicant for registration,
(iii) a
principal person in relation to a person registered under that Law or who has
applied for registration under that Law ,
(iv) a
person who will become a principal person in relation to a person registered
under that Law, or
(v) a
finance employee or associate of a person registered under that Law or of an
applicant for registration.
(4) Article 10(2)(b) of the Law shall not apply, in relation to a spent conviction for a relevant
offence, to any decision or proposed decision or act of the Commission in the
discharge of its functions under the 1988 Law, the 1991 Law, the 1996 Law or
the 1998 Law.
(5) Article 7 of the Law shall not apply to a spent conviction for a relevant offence in any
proceedings under -
(a) Article 20 of the 1988 Law;
(b) Article 16 of the 1991 Law;
(c) Article 10A or 23 of the 1998 Law.
(6) Article 11(1) of the Law shall not apply to the communication by the Commission, in the
discharge of any power of co-operation with a relevant supervisory authority
pursuant to the 1988 Law, the 1991 Law, the 1996 Law or the 1998 Law, to such
an authority of any spent conviction for a relevant offence disclosed to the
Commission in answer to a question to which this Regulation applies.
Work in supervised
financial services
21.-(1) Article 10(1)
of the Law shall not apply to a spent conviction for a relevant offence when a
question is put -
(a) by or on behalf of -
(i) a holder of a permit under the 1988 Law,
(ii) a person registered under the 1998 Law,
(iii) a person who has applied or intends to apply
for a permit under the 1988 Law or for registration under the 1998 Law, or
(iv) a principal person in relation to any of the
foregoing persons;
and relates to an
individual who is or is seeking to become an associate or finance employee of
the person by whom or on whose behalf the question is put; or
(b) by or on behalf of -
(i) a person registered under the 1991 Law, or
(ii) a person who has applied or intends to
apply for registration under that Law,
and relates to an
individual who is or is seeking to become an associate, controller, director, finance
employee or manager of the person by
whom or on whose behalf the question is put;
(c) by or on behalf of the holder of or a person who has applied or
intends to apply for a Category B permit under the 1996 Law in relation to
a person who is seeking to become an associate, chief executive, director, finance
employee or shareholder controller of the person by whom or on whose behalf the
question is put.
(2) Article 10(2)(b) of the Law shall not apply, in relation to a spent conviction for a relevant
offence -
(a) to the dismissal or exclusion of an individual from being or
becoming an associate or finance employee of a person mentioned in paragraph (1)(a);
(b) to the dismissal or exclusion of an individual from being an
associate, controller, director, finance employee or manager of a person
mentioned in paragraph (1)(b); or
(c) to the dismissal or exclusion of an individual from being an associate,
chief executive, director, finance employee, or shareholder controller of a
person mentioned in paragraph (1)(c).
General provisions
General rule for information held in the course of official duties
22. Article 11(1)
of the Law shall not apply where a person who, in the course of his official
duties has, or at any time has had, custody of or access to any official record
or the information contained in it -
(a) discloses any specified information derived from the record; and
(b) the disclosure is made in the course of that person’s duties.
Proceedings before Mental
Health Review Tribunal
23. Article 7 of the Law shall not apply to proceedings under the Mental Health (Jersey) Law 1969 before the Mental Health Review Tribunal.
General rule for
proceedings
24. Article 7 of the Law74 shall not
apply to proceedings -
(a) by way of appeal against or review of any decision taken, by
virtue of any provision of these Regulations, on consideration of a spent
conviction; or
(b) held for the receipt of evidence affecting the determination of
any question arising in proceedings specified in these Regulations.
Closing provision
Citation and commencement
25. These Regulations may be cited as the
Rehabilitation of Offenders (Exceptions) (Jersey)
Regulations 2002 and shall come into force on 1st December 2002.
C.M.
NEWCOMBE
Greffier of the States.