Freedom of
Information (Exemptions – Amendment of Law) (Jersey)
Regulations 2014
Made 9th December 2014
Coming into force in
accordance with Article 4
THE STATES, in pursuance of Articles 6 and 53 of the Freedom of Information
(Jersey) Law 2011[1], have made the following
Regulations –
1 Interpretation
In these Regulations “Law” means the Freedom of
Information (Jersey) Law 2011[2].
2 Article 26A
inserted
After Article 26 of the Law there shall be inserted the
following Article –
“26A Information
supplied by, or relating to, bodies dealing with security matters
(1) Information is absolutely exempt information
if it is held by a scheduled public authority and either or both of the
following apply –
(a) it was directly or
indirectly supplied to the scheduled public authority by any of the bodies
specified in paragraph (2); or
(b) it relates to any
of those bodies.
(a) the Security
Service within the meaning of section 1 of the Security Service Act 1989
of the United Kingdom;
(b) the Secret
Intelligence Service within the meaning of section 1 of the Intelligence
Services Act 1994 of the United Kingdom;
(c) the Government Communications Headquarters
within the meaning of section 3 of the Intelligence Services Act 1994
of the United Kingdom, including any unit or part of a unit of the armed forces
of the Crown which is for the time being required by the Secretary of State to
assist the Government Communications Headquarters in carrying out its functions;
(d) the special forces
within the meaning of section 84 of the Freedom of Information Act 2000
of the United Kingdom;
(e) the Tribunal
established under section 65 of the Regulation of Investigatory Powers Act 2000
of the United Kingdom;
(f) the Tribunal
established under section 7 of the Interception of Communications Act 1985
of the United Kingdom;
(g) the Tribunal
established under section 5 of the Security Service Act 1989 of the
United Kingdom;
(h) the Tribunal
established under section 9 of the Intelligence Services Act 1994 of
the United Kingdom;
(i) the Security Vetting Appeals Panel referred to in section 23(3)
of the Freedom of Information Act 2000 of the United Kingdom;
(j) the Security
Commission referred to in section 23(3) of the Freedom of Information Act 2000
of the United Kingdom;
(k) the National
Criminal Intelligence Service established under section 2 of the Police
Act 1997 of the United Kingdom;
(l) the Service Authority for the National
Criminal Intelligence Service established under section 1 of the Police
Act 1997 of the United Kingdom;
(m) the Serious Organised
Crime Agency established under section 1 of the Serious Organised Crime
and Police Act 2005 of the United Kingdom;
(n) the National Crime
Agency formed under section 1 of the Crime and Courts Act 2013 of the
United Kingdom;
(o) the Intelligence
and Security Committee of Parliament established under section 1 of the
Justice and Security Act 2013 of the United Kingdom.
(3) Except as provided by paragraph (4), a
certificate signed by the Chief Minister certifying that the information to
which it applies was directly or indirectly supplied by, or relates to, any of
the bodies specified in paragraph (2) is conclusive evidence of that fact.
(4) A person aggrieved by the decision of the
Chief Minister to issue a certificate under paragraph (3) may appeal to
the Royal Court on the grounds that the Chief Minister did not have reasonable
grounds for issuing the certificate.
(5) The decision of the Royal Court on the
appeal shall be final.”.
3 Article 27
amended
In Article 27(1) of the Law after the word
“Information” there shall be inserted the words “which does
not fall within Article 26A(1)”.
4 Citation
and commencement
These Regulations may be cited as the Freedom of Information
(Exemptions – Amendment of Law) (Jersey) Regulations 2014 and
shall come into force on the same date that the Freedom of Information (Jersey)
Law 2011[3] comes into force.
L.-M. HART
Deputy Greffier of the States