Interpretation
(Jersey) Law 1954
A LAW for promoting brevity and
uniformity in enactments
Commencement
[see endnotes]
1 Definitions with regard to
enactments
(1) In
this Law and in every other enactment (as hereby defined) whether passed before
or after the commencement of this Law, the expression “enactment”,
unless a contrary intention appears, shall mean any provision of any Law passed
by the States and confirmed by Order in Council and
any provision of any regulations, Order, rules, bye-laws, scheme or other
instrument passed or made in Jersey under the authority of any Order in Council
or under any such Law as aforesaid.[1]
(2) [2]
(3) In
this Law and in every other enactment, whether passed before or after the
commencement of this Law, references to the passing or repeal of an enactment
shall be construed, where appropriate, as references to the making or
rescission of that enactment.
(4) In
this Law and in every other enactment, whether passed before or after the
commencement of this Law, the expression “commencement”, when used
with reference to an enactment, shall mean the time at which the enactment
comes into operation.
(5) [3]
(6) [4]
(7) Where
the time at which an enactment, whenever passed or made, is to come into
operation is expressed or calculated by reference to its promulgation, and the
date of promulgation is unknown, that date shall be deemed to be the day the
enactment was passed or made.[5]
2 Rules as to gender, number and grammatical variations of words defined
In this Law and in every
other enactment, whether passed before or after the commencement of this Law,
unless the contrary intention appears –
(a) words
importing the masculine gender shall include females;
(b) words
in the singular shall include the plural and words in the plural shall include
the singular; and
(c) grammatical
variations of words to which definitions are assigned shall be construed in
accordance with the definitions.
3 Application of penal enactments to bodies corporate
In the construction of
every enactment relating to a punishable offence, whether passed before or
after the commencement of this Law, the expression “person” shall,
unless the contrary intention appears, include a body corporate:
Provided that nothing in
this Article shall render any body corporate liable,
in respect of any act or omission occurring before the date of the commencement
of this Law, to any criminal proceedings to which that body corporate would not
have been liable before that date.
4 Definitions[6]
(1) The
definitions in Part 1 of the Schedule shall, unless the contrary intention
appears, apply to every enactment, whenever passed or made.
(2) Part 2
of the Schedule shall have effect only as an index of definitions in other
enactments which are of extended application.
5 Commonly
used names[7]
In an enactment, unless
the context otherwise requires, the name commonly applied to a country, place,
body, administration, corporation, society, officer, functionary, person, party
or thing shall mean the country, place, body, administration, corporation, society,
officer, functionary, person, party or thing to which the name is commonly
applied, whether or not the name is the formal or unabbreviated designation thereof.
6 [8]
7 Meaning of service by post
Where an enactment,
whether passed before or after the commencement of this Law, authorizes or
requires any document to be served by post, whether the expression “serve”,
“give” or “send”, or any other expression is used,
then, unless the contrary intention appears, the service shall be deemed to be
effected by properly addressing, prepaying and posting a letter containing the
document, and, unless the contrary is proved, to have been effected at the time
at which the letter would be delivered in the ordinary course of post.
8 Meaning of bankruptcy[9]
In every enactment,
whether passed before or after the commencement of this Law, references to a person
becoming bankrupt shall, unless the contrary intention appears, be construed as
references to either –
(a) the
grant by the Royal Court of an application made by that person to place the person’s
property under the control of the Court (de remettre ses biens
entre les mains de la Justice);
(b) the
declaring of the property of that person to be en désastre;
(ba) the grant by the Viscount of a debt remission
order in respect of that person’s qualifying debts under the Debt Remission
(Individuals) (Jersey) Law 2016;
(c) the
grant by the Royal Court of an application made by that person to make a
general cession of the person’s property (de
faire cession générale de tous ses biens-meubles
et héritages);
(d) a
decision of the Royal Court adjudging the property of that person to be
renounced (adjugée renoncée);
(e) in
the case of a company, the winding up of the company by means of a
creditors’ winding up pursuant to the Companies
(Jersey) Law 1991;
(f) in
the case of a limited liability company, the winding up of a limited liability
company by means of a creditors’ winding up under the Limited
Liability Companies (Winding Up and Dissolution) (Jersey) Regulations 2022;
or
(g) in the case of a bank, the making of a
bank winding up order under the Bank (Recovery and Resolution) (Jersey)
Law 2017,
and references to
bankruptcy shall be construed accordingly.
9 Construction
of references to enactments[10]
(1) A
reference in a Law to a Part, Article or Schedule by number only and without
further identification is a reference to the Part, Article or Schedule of that
number in that Law.
(2) A
reference in an Article or other division of a Law to a paragraph, sub-paragraph,
clause or sub-clause by number or letter only and without further
identification is a reference to the paragraph, sub-paragraph, clause or
sub-clause of that number or letter in the Article or other division of that
Law.
(3) Unless
the context otherwise requires, a reference in a Law to an enactment is a
reference to that enactment as amended, revised or otherwise consolidated
(within the meaning of the Legislation
(Jersey) Law 2021) from time to time and includes a reference to that
enactment as extended or applied under another enactment, including another
provision of that Law.[11]
(4) This
Article shall apply, with the necessary changes, to a subordinate enactment as
it applies to a Law.
(5) This
Article shall apply to all enactments, including this Law, whenever passed or
made.
(6) In
this Article, “subordinate enactment” means an enactment passed or
made under a Law or under the authority of an Order in Council.
10 Construction of subordinate enactments
Where any enactment,
whether passed before or after the commencement of this Law, confers power to
pass any other enactment, expressions used in that other enactment if it is
passed after the commencement of this Law, shall, unless the contrary intention
appears, have the same respective meanings as in the enactment conferring the
power.
11 Construction of provisions as to exercise of powers and duties
(1) Where
an enactment, whether passed before or after the commencement of this Law,
confers a power or imposes a duty, then, unless the contrary intention appears,
the power may be exercised and the duty shall be performed from time to time as
occasion requires.
(2) Where
an enactment, whether passed before or after the commencement of this Law,
confers a power or imposes a duty on the holder of an office as such, then,
unless the contrary intention appears, the power may be exercised and the duty
shall be performed by the holder for the time being of the office, or, in case
of his or her absence or incapacity, by the person for the time being
performing the duty of that office.
(3) [12]
(4) [13]
11A Power to appoint
to an office includes related powers[14]
(1) If
an enactment confers power to appoint a person to an office, unless the
contrary is expressed the power includes power –
(a) to
determine the terms and conditions of appointment;
(b) to
remove or suspend a person from the office;
(c) to reappoint
or reinstate a person to the office; and
(d) in
the circumstances set out in paragraph (2), to appoint a person to the
office in place of the last holder of the office.
(2) The
circumstances for the purposes of paragraph (1)(d) are where –
(a) the
office is vacant;
(b) the
person holding the office has been removed or suspended from office;
(c) the
person holding the office is absent temporarily or permanently; or
(d) the
person holding the office is incapacitated temporarily or permanently in a way
that affects the person’s performance.
12 Offences under 2 or more enactments, etc.
Where an act or omission
constitutes an offence under 2 or more enactments, or both under an enactment
and under the customary law of Jersey, whether any such enactment was passed
before or after the commencement of this Law, the offender shall, unless the
contrary intention appears, be liable to be prosecuted and punished under
either or any of those enactments or under the customary law, but shall not be
liable to be punished twice for the same offence.
13 Construction
of penalties for offences[15]
(1) Where,
in an enactment, a penalty is specified in respect of an offence, unless the
contrary intention appears, the offence shall be punishable by a penalty not
exceeding the penalty specified.
(2) Where
a penalty for an offence is a fine and the amount of the fine or a level on the
standard scale is not specified, the fine shall be construed as a fine of an
unlimited amount.
(3) Where,
in an enactment, more than one penalty is specified for an offence, the use of
the word “and” shall, unless the contrary intention appears, mean
that the penalties may be imposed alternatively or cumulatively.
(4) This
Article shall apply to all enactments, whenever passed or made.
14 Deviation
in forms[16]
Where a form is
prescribed or specified by an enactment, deviations from that form not
materially affecting the substance nor likely to mislead shall not invalidate
the form used.
15 Measurement of distance
In the measurement of any
distance for the purposes of any enactment, whether passed before or after the
commencement of this Law, that distance shall, unless the contrary intention
appears, be measured in a straight line on a horizontal plane.
16 [17]
17 [18]
18 Citation
This Law may be cited as
the Interpretation (Jersey) Law 1954.
Schedule[19]
(Article 4)
PART 1[20]
(Article 4(1))
Defined expressions
The definitions referred
to in Article 4(1) are –
“act” includes
omission;
“affidavit”
shall, in the case of a person for the time being allowed by law to affirm or
declare instead of swearing, include affirmation and declaration;
“amend” shall
include “add to”, “substitute”, “vary”,
“repeal” and “revoke”;
“advocate”
shall mean a person admitted to the Bar as an advocate of the Royal Court;
“Bailiwick”
shall mean the Island of Jersey and its dependencies;
“British Islands”
shall mean the United Kingdom, the Channel Islands and the Isle of Man;
“civil partnership”
means a civil partnership within the meaning of Article 2 of the Civil
Partnership (Jersey) Law 2012 (and any reference to a civil partner is
to be read accordingly);
“consular officer”
shall include consul-general, consul, vice-consul, consular agent, and any person
for the time being authorized to discharge the duties of consul-general, consul
or vice-consul;
“contravene”,
in relation to any requirement or condition prescribed in an enactment or in a
grant, permit, lease, licence or other authority under an enactment, includes a
failure to comply with that requirement or condition;
“dentist”
shall mean a person registered as a dentist under the Dentistry
(Jersey) Law 2015;
“doctor” shall
mean a person registered as a medical practitioner under the Medical
Practitioners (Registration) (Jersey) Law 1960;
“Island” shall
mean the Island of Jersey and its dependencies;
“Jersey” shall
mean the Island of Jersey and its dependencies;
“land” shall
include houses and other buildings;
“Magistrate”
shall mean the Juge d’Instruction appointed in
pursuance of the Loi (1864) concernant la charge de Juge d’Instruction
and includes any person exercising the functions of the Juge d’Instruction;
“marriage”
includes a marriage between persons of the same sex, and references to “spouse”
in any enactment shall be construed accordingly;
“midnight”, in
relation to a day, shall mean the last moment of that day;
“misdemeanour”
shall mean a délit;
“month” shall
mean a calendar month;
“oath” shall,
in the case of a person for the time being allowed by law to affirm or declare
instead of swearing, include affirmation and declaration;
“person” shall
include any body of persons corporate or unincorporated;
“Petty Debts Court”
shall mean the Court known as the Cour pour le Recouvrement de Menues Dettes constituted in pursuance of the Loi (1891) sur
la Cour pour le recouvrement de menues
dettes, confirmed by Order of Her Majesty in
Council of 9th May 1891;
“pharmacist”
shall mean a person registered as a pharmacist under the Pharmacists and
Pharmacy Technicians (Registration) (Jersey) Law 2010 or deemed, by an
Order made under Article 29(c) of that Law, to be registered as a
pharmacist under that Law;
“police officer”
shall mean a member of the Honorary Police or a member of the States of Jersey
Police Force;
“pound”, in
relation to money, shall mean pound sterling;
“registered contract”
shall mean a contract registered in the Public Registry of Contracts;
“solicitor”
shall mean an écrivain of the Royal Court;
“swear” shall,
in the case of a person for the time being allowed by law to affirm or declare
instead of swearing, include affirm and declare;
“under”, in
relation to an enactment, shall include “by”, “in accordance
with”, “pursuant to” and “by virtue of”;
“veterinary surgeon”
means a person whose name is for the time being entered, in accordance with Article 6
of the Veterinary
Surgeons (Jersey) Law 1999, on the list of recognized veterinary
surgeons maintained under that Article;
“will” shall
include codicil;
“word” shall
include a letter, numeral or other symbol;
“writing” and
expressions referring to writing shall be construed as including references to
printing, lithography, photography and other modes of representing or
reproducing words in a visible form;
“Youth Court”
shall mean the court continued under Article 24 of the Criminal Justice
(Young Offenders) (Jersey) Law 2014.
PART 2
(Article 4(2))
Index of definitions in other enactments