European Union Legislation
(Implementation) (Jersey) Law 2014
A LAW to enable the States and Ministers to give effect in Jersey to
legislation of the European Union and to make supplementary provision in
relation to that legislation, to make amendments and other provision in
connection with the withdrawal of the United Kingdom from the European Union,
and for related purposes[1]
Commencement [see endnotes]
1 Interpretation[2]
(1) In this Law, unless the
context otherwise requires –
“EU” means the European Union, being the Union
established by the Treaty on European Union, and includes, if and in so far as
the context permits or requires, the European Atomic Energy Community
established by the Euratom Treaty;
“EU Court” means the Court of Justice of the European
Union and includes, if and in so far as the context permits or requires, the EFTA
Court established under the EEA Agreement;
“EU institution” means any institution of the EU;
“EU instrument” means any instrument issued by an EU institution;
“EU provision” means any provision that –
(a) is
contained in or arises under any of the EU Treaties; or
(b) comprises
or is contained in an EU instrument;
“EU Treaties” means –
(a) the
Treaty on European Union;
(b) the
Treaty on the Functioning of the European Union;
(c) the
Euratom Treaty;
(d) the
EEA Agreement;
(e) the
Withdrawal Agreement; and
(f) the
Trade and Cooperation Agreement (“TCA”);
“implemented EU provision” has the meaning given by
Article 5(1);
“implementing Jersey provision” means a provision of an
enactment, whenever made, so far as that provision –
(a) is
made, or is to be treated as made, under Article 2 or under Regulations
made under that Article;
(b) is
otherwise made for a purpose described in Article 2(2); or
(c) relates
otherwise to the EU or the European Economic Area;
“member”, in the expression “member State”,
refers to membership of the EU;
“Minister” means the Minister for
External Relations;
“repeal day” means the date on which the European Union (Jersey)
Law 1973 is repealed;
“treaty” includes any international agreement, and any
protocol or annex to a treaty or international agreement.[3]
(2) For the purpose of paragraph (1) –
(a) the
“Treaty on European Union” is the treaty of that name signed at
Maastricht on 7th February 1992, as amended by any treaty up to the
date on which the European Union (Repeal and
Amendment) (Jersey) Law 2018 is adopted by the States;
(b) the
“Treaty on the Functioning of the European Union” is the treaty of
that name signed (as the Treaty Establishing the European Economic Community)
at Rome on the 25th March 1957, as amended by any treaty up to the
date on which the European Union (Repeal and
Amendment) (Jersey) Law 2018 is adopted by the States;
(c) the
“Euratom Treaty” is the Treaty establishing the European Atomic
Energy Community signed at Rome on 25th March 1957, as amended from
time to time by any treaty;
(d) the
“EEA Agreement” is the Agreement on the European Economic Area
signed at Oporto on 2nd May 1992, as amended from time to time by any
treaty;
(e) the
“Withdrawal Agreement” is the agreement on the withdrawal of the
United Kingdom of Great Britain and Northern Ireland from the European Union
and the European Atomic Energy Community signed in Brussels and London on 24th
January 2020;
(f) the
“Trade and Cooperation Agreement” is the trade and cooperation agreement
between the European Union and the European Atomic Energy Community, of the one
part, and the United Kingdom of Great Britain and Northern Ireland, of the other
part, signed in Brussels and London on 30th December 2020.[4]
(3) The Minister may, with
the approval of the Council of Ministers, by Order amend the definition “EU
Treaties” in paragraph (1), and the definitions in paragraph (2),
to add any other treaty –
(a) that
is entered into between the United Kingdom and the EU, in connection with the
withdrawal of the United Kingdom from the EU;
(b) that
is entered into between the United Kingdom and the EU, in connection with the
relationship between the United Kingdom and the EU at any time after that withdrawal;
(c) that
is entered into by Jersey, or is extended to Jersey, and, in the opinion of the
Minister, is related to that withdrawal or that relationship;
(d) that
is entered into by the EU, or by all of the member
States, and another country, in connection with the accession of that country
to the EU; or
(e) that
is entered into by all of the member States and by no
other party, whether –
(i) to
amend any of the EU Treaties,
(ii) to
provide for the withdrawal of a member State (other than the United Kingdom),
or
(iii) for
any other purpose.
(4) An Order under
paragraph (3) is not to be read as altering, whether by virtue of
provision made under Article 2(4)(b)(iii) or otherwise –
(a) the
effect of any Regulations under Article 2, if those Regulations were made
before the making of the Order; or
(b) the
effect of any Order made under Regulations falling within sub-paragraph (a).
(5) An Order under
paragraph (3) may –
(a) amend
any enactment (including this Law) to reflect a change in terminology or
numbering arising out of an amendment, by the treaty that is added to paragraph (1)
or (2), to any of the EU Treaties; and
(b) make
any provision incidental or consequential on such a change in terminology or
numbering.
2 Implementation of EU
provisions through Orders or Regulations
(1) [5]
(2) The States may by
Regulations make such provision as appears to them to be necessary or expedient
for the purposes of –
(a) giving
effect, either wholly or partly, to any EU provision;
(b) dealing
with matters arising out of or related to any such provision.[6]
(3) Subject to paragraphs (5)
and (6), the provision that may be made under paragraph (2) includes any
such provision (of any such extent) as might be made by a Law passed by the
States.[7]
(4) Without prejudice to the
generality of paragraph (3), Regulations under paragraph (2) may –
(a) make
provision by reference to or by incorporation (by reference, annexation or
otherwise) of any EU provision, or of any class or description of EU provisions;
(b) when
making the provision described in sub-paragraph (a) –
(i) do so to such
extent and subject to such exceptions, adaptations and modifications to the EU
provision as may be specified in the Regulations,
(ii) make
adaptations or modifications mentioned in clause (i) by providing that any
one or more of Jersey, Guernsey, the Isle of Man and
the United Kingdom are to be treated as if they were a member State, or formed
part of any member State, for the purpose of the provision,
(iii) provide
that a reference to the EU provision is to be read as a reference to that EU
provision as amended, substituted, extended or applied from time to time by any
other EU provision, or as that provision otherwise has effect in the EU from
time to time by virtue of any judgment of the EU Court;
(c) amend
any Law or other enactment that may be amended by a Law;
(ca) confer a
power or impose a duty on the Minister, or on any other Minister, to make, by
Order, any provision that may be made by the Regulations;
(d) contain
such incidental, supplemental or transitional provisions or savings as the
States consider expedient.[8]
(5) The provision that may
be made by Regulations under paragraph (2) does not include
provision –
(a) imposing
or increasing taxation;
(b) taking
effect from a date earlier than that of the making of the Regulations
containing the provision; or
(c) amending
this Law or the Human Rights (Jersey)
Law 2000.[9]
(6) The provision that may
be made by Order under Regulations under paragraph (2), does not include
provision –
(a) imposing
a penalty of imprisonment for more than 2 years for a criminal offence;
(b) falling
within either of paragraphs (5)(a) or (c);
(ba) taking
effect from a date earlier than that of the making of the Order containing the
provision; or
(c) amending
Regulations made under paragraph (2), or making
any provision inconsistent with any such Regulations.[10]
3 [11]
3A [12]
4 [13]
5 Interpretation
of EU provisions, Regulations and Orders
(1) In this Article “implemented
EU provision” means an EU provision in respect of which Regulations under
Article 2, or an Order under such Regulations, purport –
(a) to
give effect, wholly or partly, to that EU provision; or
(b) to
deal with matters arising out of or related to that EU provision.[14]
(2) Unless the contrary
intention appears, an expression used in Regulations under Article 2, or in
an Order under such Regulations, is to be read –
(a) if
that expression is used in the implemented EU provision, as having the same
meaning as in that provision; or
(b) if
sub-paragraph (a) does not apply, but that expression is defined in this
Law, as having the meaning so assigned.[15]
(3) For the purposes of all
legal proceedings any question as to the validity or meaning of an implemented
EU provision is to be treated as a question of law and is to be for
determination as such in accordance with the principles laid down by, and any
relevant decision of, the EU Court.[16]
(3A) Judicial notice is to be taken of
the EU Treaties, of the Official Journal of the EU and of any decision of, or
expression of opinion by, the EU Court on any such question, and the Official
Journal is admissible as evidence of any EU instrument, or of any other act of
the EU or of any EU institution, communicated by the Official Journal.[17]
(3B) Evidence of any EU instrument,
including any judgment or Order of the EU Court, or of any document in the
custody of an EU institution, or any entry in or extract from such a document,
may be given in any legal proceedings by production of a copy certified as a
true copy by an official of that institution.[18]
(3C) A document purporting to be a copy
certified as described in paragraph (3B) is to be received in evidence
without proof of the official position or handwriting of the person signing the
certificate.[19]
(4) Regulations under
Article 2, or an Order under such Regulations, may provide that any of
paragraphs (3) to (3C) does not apply, at all or to any specified
extent, to the EU provision implemented by those Regulations or that Order.[20]
5A Regulations
to deal with deficiencies arising from withdrawal of UK from EU[21]
(1) The States may by
Regulations make such provision as the States consider appropriate to prevent,
remedy or mitigate any matter appearing to the States to amount to –
(a) a
failure, arising from a relevant change, of an implementing Jersey provision to
operate effectively; or
(b) any
other deficiency of any kind, arising from a relevant change, in an
implementing Jersey provision.
(2) For the purpose of this
Article a relevant change is –
(a) the withdrawal
of the United Kingdom from the EU;
(b) the
ending of the arrangements for Jersey set out in the EU Treaties before that withdrawal;
(c) the
repeal of the European Union (Jersey)
Law 1973;
(d) the
repeal of the European Economic Area
(Jersey) Law 1995; or
(e) a
matter falling within any of sub-paragraphs (a) to (d) when taken
together with –
(i) the operation of
any provision made by or under this Law, or
(ii) the
interaction between any such provisions.
(3) Paragraphs (4) to (6)
of Article 2 –
(a) apply
to Regulations made under this Article as they apply to Regulations made under
Article 2; and
(b) apply
accordingly to an Order, made under Regulations that are made under this Article,
as they apply to an Order made under Regulations that are made under Article 2.
(4) Without prejudice to
the generality of paragraph (3), Regulations under this Article may in
particular –
(a) provide
for a function of an EU institution or of a public authority in a member State
(including the making of an EU instrument of a legislative character or the
provision of funds) to be –
(i) exercisable
instead by a public authority (whether already or newly established) in Jersey
or in the United Kingdom, or
(ii) replaced,
abolished or otherwise modified;
(b) provide
for the establishment of a public authority in Jersey to carry out a function
provided for by Regulations under this Article; or
(c) enable
provision falling within sub-paragraph (a) or (b) to be made by an
Order under the Regulations.
5B Regulations
to prevent or remedy breaches of international obligations following withdrawal
of UK from EU[22]
(1) The States may by
Regulations make such provision as the States consider appropriate to prevent
or remedy any breach of an international obligation that applies or extends to
Jersey, being a breach that appears to the States to arise from a relevant
change, within the meaning of Article 5A.
(2) Paragraphs (4) to (6)
of Article 2 –
(a) apply
to Regulations made under this Article as they apply to Regulations made under
Article 2; and
(b) apply
accordingly to an Order made under Regulations that are made under this Article
as they apply to an Order made under Regulations that are made under Article 2.
(3) No Regulations may be
made under this Article after the end of the period of 2 years beginning
with the repeal day.
6 Repeal
of European Communities Legislation (Implementation) (Jersey) Law 1996
(1) The European
Communities Legislation (Implementation) (Jersey) Law 1996 is repealed.
(2) For the purpose of
paragraph (3) a “relevant enactment” is an enactment that
was –
(a) made
under the European Communities Legislation (Implementation) (Jersey)
Law 1996; and
(b) in
force immediately before 31st October 2014.
(3) A relevant
enactment –
(a) continues
in force and is to be treated as if made under this Law; and
(b) is to
be construed as if any reference in the relevant enactment to the European
Community or Communities were a reference to the European Union, and any
reference to a Community instrument were to an EU instrument.
6A Consequential,
transitional and other provisions related to repeal of 1973 Law[23]
(1) The States may by
Regulations make such transitional, consequential, incidental, supplementary or
savings provisions as they consider necessary or expedient in respect of –
(a) the
repeal of the European Union (Jersey)
Law 1973;
(b) the
repeal of the European Economic Area
(Jersey) Law 1995; or
(c) an amendment
to this Law made by the European Union (Repeal and
Amendment) (Jersey) Law 2018.
(2) Regulations under
paragraph (1) may amend any enactment, including any Law other than this
Law or the Human Rights (Jersey)
Law 2000.
7 Citation
This Law may be cited as the European Union Legislation
(Implementation) (Jersey) Law 2014.