Emergency Powers
and Planning (Jersey) Law 1990[1]
A LAW to constitute an Emergencies
Council, to prescribe its functions and powers, to provide generally for
planning in case of emergencies and to re-enact with amendments the provisions
relating to the declaration of a state of emergency
Commencement [see endnotes]
PART 1
1 Emergencies Council[2]
(1) There
continues to be constituted an Emergencies Council (in this Law referred to as
the “Council”) and is composed of the following
members –
(a) the
Chief Minister;
(b) the Minister for Justice and Home Affairs;
(c) the Minister for Sustainable Economic Development;
(d) the
Minister for Infrastructure;
(e) the
Minister for Health and Social Services;
(f) every
Minister who is designated as a competent authority under Article 4;
(g) a Connétable
nominated by the Comité des Connétables to be a Council member
(who may, but need not, be a Connétable who is member of the Council by
virtue of being a competent authority under Article 4).[3]
(2) The
Bailiff, the Lieutenant-Governor and the Attorney General are entitled to
attend and be heard at any meeting of the Council but are not members of the
Council.
(3) The
Chief Minister may call a meeting of the Council at any time.
(4) The
Chief Minister must chair every meeting of the Council.
(5) The
quorum for any meeting of the Council is the greater of –
(a) 4
members; or
(b) a
simple majority the membership of the Council.
(6) A
member is deemed to be present at the meeting, even if not physically present
at it, if, by any means, he or she is able to hear all the members of the
Council at the meeting and be heard by all those members.
(7) Any
matter arising or to be decided in a meeting of the Council is to be done or
decided by a simple majority of the members of the Council present at the
meeting.
2 Functions
of Council
(1) The
Council shall co-ordinate the planning, organization and implementation
generally of measures which are designed to guard against, prevent, reduce,
mitigate or overcome the effects or possible effects of any happening, event or
circumstance that causes or may cause loss of life or injury or distress or
hardship to persons or that in any way endangers or may endanger the health or
safety of the community or that in any way threatens to deprive the community
of the necessities of life.
(2) In
this Article, the “community” includes a substantial proportion of
the community and the expression “happening, event or circumstance”
means any happening, event or circumstance which has occurred, is occurring or
which may occur in the future.
3 Emergency
Planning Officer
There shall be appointed an officer to be known as the
“Emergency Planning Officer” who shall perform such duties as may
from time to time be imposed on the officer by the Council.
4 Designation
of competent authorities
The Council may by Act designate any Minister as a competent
authority in relation to any Article of this Law.
5 Power
of competent authority in relation to fuel and electricity
(1) A
competent authority may by Order provide for securing, regulating or prohibiting
any one or more of the following, that is to say –
(a) the
production, supply or distribution of fuel and electricity;
(b) the
acquisition of fuel and electricity;
(c) the
use of fuel and electricity;
(d) the
price at which fuel may be supplied.
(2) Any
provision made by an Order under paragraph (1) may be made in relation to
fuel generally or in relation to any particular description of fuel and, in
either case, may be made with respect to the supply, distribution, acquisition
or use of fuel or of the description of the fuel in question, for all purposes
or for any particular purpose specified in the Order.
(3) An Order
under paragraph (1) may empower a competent authority to give directions
to –
(a) any
persons carrying on business as a producer of fuel or electricity, as to the
production and use thereof;
(b) any person
carrying on business as a supplier of fuel or electricity, as to the supply by the
person thereof; and
(c) any person
carrying on a business involving the use of fuel or electricity, as to the use
by the person thereof for the purposes of that business.
(4) Without
prejudice to the generality of paragraph (2) –
(a) a
direction under paragraph (3)(a) may prohibit or restrict the use of any
material for the production of fuel or electricity and may extend to the
disposal of stocks of any such material;
(b) a
direction under paragraph (3)(b) may prohibit or restrict the supply of
fuel or electricity to persons specified in the direction or to persons other
than those so specified and, if the fuel is petroleum or a substance derived
from petroleum, at such prices as may be so specified; and
(c) a
direction under paragraph (3)(c) may prohibit or restrict the use of fuel
or electricity for such purposes or during such periods as may be specified in
the direction or for purposes or during periods other than those so specified.
(5) Any
person supplying or using fuel or electricity may, if authorized to do so by a
competent authority by any general or special authority granted for the
purpose, and while acting in accordance with that authority, disregard or fall
short in discharging any obligation imposed by or under any enactment, or any
contractual obligation, relating to or involving the supply or use of that
substance.
(6) At
any time while an Order under paragraph (1) is in force, a competent
authority may grant a general or special authority for the doing, during the
whole or any part of the period for which the Order is in force, of all or any
of the things mentioned in the following paragraphs and a person acting under
and in accordance with such an authority may then –
(a) use,
or cause or permit the use of, any motor vehicle on any route as an omnibus
without any licence, permit, agreement or consent otherwise required and
notwithstanding in particular that a licence has not been granted to the
operators of the motor vehicle to operate an omnibus on the route in question
in accordance with the provisions of the Motor Traffic (Jersey)
Law 1935;
(b) drive
a public service vehicle without being licensed so to do under the said Motor Traffic (Jersey)
Law 1935.
(7) A
competent authority may by Order make provision for modifying or excluding any
obligation or restriction imposed, or extending any power conferred, by or
under any enactment which directly or indirectly affects the supply or use of
fuel or electricity.
(8) A
competent authority shall not make an Order under this Article except after
consultation with the Jersey Electricity Company Limited or such other persons
carrying on business as a producer, supplier or distributor of fuel, as appears
to the competent authority to be appropriate.
6 Powers
of competent authority in relation to telecommunications[4]
(1) A
competent authority may by Order provide for securing, regulating or
prohibiting any one or more of the following –
(a) telecommunication
services, telecommunication systems and apparatus;
(b) the
use of those services, systems and apparatus.
(2) A
competent authority may by Order provide for regulating the price at which
those services, systems and apparatus may be supplied.
(3) Any
provision made by Order under this Article may be made in relation to
telecommunication services, telecommunication systems and apparatus generally
or in relation to any particular description of those services, systems and
apparatus and, in either case, may be made with respect to the supply,
distribution, acquisition or use of those things or of a description of those
things, for all purposes, or for any particular purpose stated in the Order.
(4) An Order
under this Article may empower a competent authority to give directions
to –
(a) any
persons carrying on business as a provider of telecommunication services,
telecommunication systems or apparatus, as to the provision of those things;
(b) any person
carrying on business involving the use of those things, as to the person’s
use of those things for the purposes of that business.
(5) A
competent authority may by Order make provision for suspending, modifying or
excluding any contractual obligation, or any obligation or restriction imposed
by or under any enactment, that directly or indirectly affects the provision or
use of telecommunication services, telecommunication systems or apparatus, or
for extending any power conferred by such an enactment.
(6) A
competent authority shall not make an Order under this Article except after
consultation with the Jersey Competition Regulatory Authority established under
the Competition Regulatory
Authority (Jersey) Law 2001.
(7) In
this Article, “apparatus”, “telecommunication service”
and “telecommunication system” have the same meanings as in the Telecommunications (Jersey)
Law 2002.
6A Powers
of competent authority in relation to postal services
(1) A
competent authority may by Order provide for securing, regulating or
prohibiting any of the following –
(a) the
provision, sale or use of services that may be used in the provision of any
postal service or form the whole or part of any postal service;
(b) the
provision, manufacture, sale or use of vehicles, or other equipment, that may
be used in the provision of any postal service.
(2) A
competent authority may by Order provide for regulating charges and prices in
respect of postal services or the acts, services, or things, referred to in paragraph (1).
(3) Any
provision made by Order under this Article may be made –
(a) in
relation to postal services, or the acts, services, or things, referred to in paragraph (1),
generally or in relation to any particular description of them;
(b) with
respect to the supply, distribution, acquisition or use of postal services, or
of the services or things referred to in paragraph (1), or of a particular
description of them, for all purposes, or for any particular purpose; or
(c) with
respect to the acts referred to in paragraph (1), or of a particular
description of them, for all purposes, or for any particular purpose.
(4) An
Order under this Article may empower a competent authority to give directions
to any of the following –
(a) a
person carrying on business as a provider of postal services or of any
services, or things, referred to in paragraph (1), as to the provision of
those postal services, services or things;
(b) a
person carrying on business involving the use of postal services or of any
services, or things, referred to in paragraph (1), as to the
person’s use of those postal services, services, or things, for the
purposes of that business;
(c) a
person carrying on business involving any of the acts referred to in paragraph (1),
as to those acts.
(5) A
competent authority may by Order make provision for suspending, modifying or
excluding any contractual obligation, or any obligation or restriction imposed
by or under any enactment that directly or indirectly affects the provision or
use of postal services or the provision or use of the services, or things,
referred to in paragraph (1) or directly or indirectly affects the acts
referred to in paragraph (1), or for extending any power conferred by such
an enactment.
(6) A
competent authority shall not make an Order under this Article except after
consultation with the Jersey Competition Regulatory Authority established under
the Competition Regulatory
Authority (Jersey) Law 2001.
(7) In
this Article, “postal service” has the same meaning as in the Postal Services (Jersey)
Law 2004.
7 Powers
of competent authority in relation to gas
Where a competent authority is satisfied, after consultation with
the Jersey Gas Company Limited, that the supply of gas is for any reason
threatened, a competent authority may, take such steps as it thinks necessary or
desirable to secure or maintain the supply and, for this purpose, a competent
authority may by Order provide for –
(a) maintaining
or making the best use of supplies of gas available for distribution;
(b) conserving
and making the best use of supplies of fuel or other material available for the
manufacture of gas;
(c) preserving
public safety;
(d) the
suspension or modification of any restriction or obligation imposed on the
Company by or under any enactment or any contractual obligation.
8 Powers
of competent authority in relation to food
(1) A
competent authority may by Order provide for securing, regulating or
prohibiting any one or more of the following, that is to say –
(a) the
supply or distribution of food;
(b) the
acquisition of food;
(c) the
price at which food may be supplied.
(2) Any
provision made by an Order under paragraph (1) may be made in relation to
food generally or in relation to any particular description of food and, in
either case, may be made with respect to the supply, distribution or
acquisition of food, or of the description of food in question, for all
purposes or for any particular purposes specified in the Order.
(3) Without
prejudice to the provisions of this Article, an Order under paragraph (1)
may empower a competent authority to give to any person carrying on business as
a supplier of food directions as to the persons to whom he or she is to supply
any such food as may be specified in the directions in accordance with such
requirements as may be so specified or may, to such extent as may be specified
in the directions, prohibit the supply of food to persons so specified.
(4) Where
any food is supplied to any person in pursuance of directions under paragraph (3),
that person shall pay such price in respect of the food as may be reasonable.
(4A) An Order made
under this Article may suspend, modify, extend or exclude any contractual
obligation, or any obligation or restriction imposed by a licence or
authorisation or imposed by or under any enactment, that directly or indirectly
affects the supply, distribution or acquisition of food.[5]
(5) In
this Article, “food” includes every article used for human food or
drink, other than drugs or water, any article which ordinarily enters into or
is used in the composition or preparation of human food, any flavouring matter
or condiments and all feeding stuffs for animals whether natural, artificial,
dried or undried.
8A Powers of competent
authority in relation to medical supplies[6]
(1) A
competent authority may by Order –
(a) make
provision to secure, regulate or prohibit the import, acquisition, distribution
or supply of medical supplies;
(b) regulate
the price at which medical supplies may be supplied; and
(c) provide
for the requisition of medical supplies from any medical supplier.
(2) An
Order under paragraph (1) may, in particular –
(a) enable
a competent authority to give a direction to any medical supplier in respect of
the persons to whom a medical supplier is to supply such medical supplies as
may be specified in the direction in accordance with such requirements as may
be so specified and, to such extent as may be specified in the direction,
restrict or prohibit the supply of medical supplies to persons so specified;
and
(b) enable
a competent authority to give a direction in respect of the business opening
hours of a retail pharmacy business or of any other medical supplier.
(3) Where
a medical supply is supplied to a person under a direction under paragraph (2),
subject to any provision in an Order made under paragraph (1)(b) as to the
price to be paid for the medical supply, the person supplied must pay such
price in respect of the medical supply as may be reasonable.
(4) An
Order made under this Article may suspend, modify, extend or exclude any
contractual obligation, or any obligation or restriction imposed by a licence
or authorisation or imposed by or under any enactment, that directly or
indirectly affects the provision or use of medical supplies or directly or
indirectly affects medical suppliers.
(5) In
this Article –
“health care professional” means a person registered
under the Health Care (Registration)
(Jersey) Law 1995;
“medical supplies” means medicinal products and any
substance, article, equipment or device that is or may be used for a medical or
health-related purpose for human beings or animals, whether or not it may be
supplied only by being prescribed, and whether or not it is or could also be
used for a purpose other than for a medical or health-related purpose;
“medical supplier” means any person providing health
care or medical supplies and includes a retail pharmacy business, wholesale
distributor of medical supplies, hospital, hospice, care home or other
establishment, and a practitioner, pharmacist, pharmacy technician or
healthcare professional;
“medicinal product” has the same meaning as in the Medicines (Jersey) Law 1995 (including herbal remedies);
“pharmacy technician” means a person registered as such
under the Pharmacists and Pharmacy
Technicians (Registration) (Jersey) Law 2010;
“practitioner” has the meaning given in the Medicines (Jersey) Law 1995;
“retail pharmacy business” has the meaning given in the Medicines (Jersey) Law 1995;
“substance” means any natural or artificial substance,
whether in solid or liquid form or in the form of a gas or vapour.
9 Powers
of competent authority in relation to water
(1) Where
a competent authority is satisfied that a serious deficiency of water exists,
or is likely to exist, in Jersey or in any area of Jersey, the authority may
take such steps as it thinks necessary or desirable to remedy the deficiency
and, for this purpose, may by Order –
(a) control,
regulate, limit or prohibit the collection, abstraction, use or consumption of
any water from any source either on the surface or underground;
(b) control,
regulate, limit or prohibit the construction or alteration of any work for the
collection or abstraction of any water from any source either on the surface or
underground,
and, after consultation with The Jersey New Waterworks Company
Limited –
(c) control,
regulate, limit or prohibit the supply of water by the Company;
(d) control,
regulate, limit or prohibit the use or consumption of any water supplied by the
Company;
(e) give
directions to the Company with respect to any matter prescribed in the Order;
(f) suspend
or modify any restriction or obligation to which the Company is subject under
the Water (Jersey) Law 1972.
(2) Any
Order made under this Article may apply generally throughout Jersey, to
specific areas of Jersey, to persons or consumers generally or to a specific
class of person or consumer.
(3) The
provisions of any Order made under this Article are in addition to, and not in
substitution for, the provisions of the Water (Jersey) Law 1972, and any enactment made
thereunder.
9A Powers of competent
authority in relation to port operations[7]
(1) A
competent authority may by Order –
(a) provide
for securing, regulating or prohibiting the provision or use of port
operations;
(b) provide
for regulating charges and prices in relation to the provision or use of port
operations; and
(c) give
directions to any person carrying out port operations with respect to the
provision of those operations.
(2) The
power conferred by paragraph (1)(a) includes (but shall not be limited
to) –
(a) power
to suspend, restrict or modify the provision of port operations or the terms of
any agreement or direction in respect of the provision of port operations; and
(b) power
to suspend, modify or exclude the application of any obligation or restriction
imposed by or under any enactment that directly or indirectly affects the
provision or use of port operations.
(3) An
Order under this Article may be made –
(a) in
relation to port operations generally or in relation to any particular
description of port operations;
(b) with
regard to provision of port operations by any person or by persons specified in
the Order;
(c) for
all purposes or for any particular purpose specified in the Order.
(4) A
competent authority shall not make an Order under this Article except following
consultation –
(a) in
relation to airport operations, with the Director of Civil Aviation appointed
under Article 3 of the Civil Aviation (Jersey)
Law 2008; or
(b) in
relation to harbour operations, with the harbour authority,
and in relation to all port operations, with the Jersey Competition
Regulatory Authority established under the Competition Regulatory
Authority (Jersey) Law 2001.
(5) In
this Law, “airport operations”, “harbour operations”
and “port operations” have the meanings given to those expressions
by Article 2 of the Air and Sea Ports
(Incorporation) (Jersey) Law 2015.
10 Documents and information[8]
For the purposes of enforcing any of the provisions of any Order
made under Article 5, 6, 6A, 7, 8, 8A or 9, a competent authority may, by
directions given with respect to any undertaking, or Order made with respect to
any class of undertaking, require the person carrying on the undertaking or
persons carrying on undertakings of that class –
(a) to
keep such books, accounts and records as may be required by the directions or Order
or by a notice served under the Order;
(b) to
furnish, at such times, in such manner and in such form as may be so required,
such estimates, returns or information required.
Part 2
11 State
of emergency
(1) If
at any time it appears to the Lieutenant-Governor that there have occurred, or
are about to occur, either inside or outside Jersey, events of such a nature as
to threaten the national defence or the safety of the community, the
Lieutenant-Governor may, after formal consultation with the Council, declare
that a state of emergency exists.
(2) Where
the Lieutenant-Governor has declared a state of emergency to exist the
Lieutenant-Governor shall forthwith inform the Bailiff of that fact and the
Bailiff shall, as soon as may be, communicate the information to the States and
shall, for the purpose, convene the States for such day as the Bailiff may
appoint, being a day not more than 3 days after the making of the declaration,
unless the States have already been convened to meet within that period.
(3) No
such declaration shall remain in force for more than 30 days, but the
Lieutenant-Governor may make a further declaration at or before the end of that
period.
(4) Where
the Lieutenant-Governor has declared a state of emergency to exist, and so long
as the declaration is in force, it shall be lawful for the Council to make
Orders for securing the essentials of life to the community and those Orders
may confer or impose on the Council or any competent authority, and on any body
or person, such powers and duties as the Council may deem necessary for the
preservation of the peace, for securing and regulating the supply and
distribution of food, water, medical supplies, fuel, gas,
electricity, light, telecommunication services, postal services and other
necessities, for maintaining port operations and the
means of transit or locomotion and for any other purposes essential to the
public safety and the health or life of the community.[9]
Part 3
12 Provisions
as to Orders, directions and Acts
(1) Any
Order made under this Law may confer or impose on any body or person such
powers and duties as the Council or a competent authority may deem necessary to
give effect generally to the provisions of this Law or any Order made
thereunder.
(2) Any
Order made under this Law may include such incidental and supplementary
provisions as the Council or a competent authority may think necessary or expedient,
and the incidental provisions may include provision for the making by the
States of compensation.[10]
(3) Any
Order made under this Law may make such provisions including provision for
requiring any person to furnish any information as the Council or a competent
authority thinks necessary or expedient for facilitating the introduction or
operation of a scheme of control for which provision has been made, or for
which, in the opinion of the Council or a competent authority, it will or may
be found necessary or expedient that provision should be made.
(4) Any
Order made under this Law may prohibit the doing of anything regulated by the Order
except under the authority of a licence granted by such authority or persons as
may be specified in the Order, and may be made so as to apply either to persons
or undertakings generally or to any particular person or undertaking or class
or description of persons or undertakings.
(5) Any
power conferred by any Article of this Law to give any direction shall be
construed as a power, exercisable in like manner and subject to the like
conditions, if any, to revoke or vary the direction.
(6) No Order
made under this Law shall –
(a) impose
any form of compulsory military service or industrial conscription;
(b) impose
penalties on any person for taking part in a strike or peacefully persuading
any other person to take part in a strike.
(7) No Order
shall be made under this Law unless it has been approved by the Council and no
such Order shall remain in force for more than 3 months, without prejudice to
the right to renew such Order.
(7A) An Act
is effected under Article 4, and an Order is made under Article 11(4)
if the Act or Order, as the case may be, is signed on behalf of the Council by
any member of the Council.[11]
(8) [12]
13 Conflict
with customary law
For the avoidance of doubt, it is declared that if, in the
implementation of this Law and any Order made thereunder, any conflict arises
between any rule of customary law and this Law or any such Order, then the
provisions of this Law or any such Order shall prevail.
14 Production
of documents
(1) For
the purposes of –
(a) securing
compliance with any Order made or direction given under this Law; or
(b) verifying
any estimates, returns or information furnished in connection with this Law or
any Order made or direction given thereunder,
any person duly authorized in that behalf by the Council or a
competent authority may, on producing, if so required, evidence of his or her authority,
require any person carrying on an undertaking or employed in connection with an
undertaking to produce to the authorized person forthwith any documents
relating to the undertaking which that authorized person may reasonably require
for the purposes set out in this paragraph.
(2) The
power conferred by this Article to require any person to produce documents
shall include power –
(a) if
the documents are produced –
(i) to take copies of
them or extracts from them, and
(ii) to
require that person, or in the case of a body corporate, any person who is a
present or past officer of, or is employed by, the body corporate to provide an
explanation of any of them;
(b) if
the documents are not produced, to require the person who was required to
produce them to state to the best of the person’s knowledge and belief
where they are.
(3) If
any requirement to produce documents or provide an explanation or make a
statement which is imposed by virtue of this Article is not complied with, the person
on whom the requirement was so imposed shall be guilty of an offence:
Provided that where a person is charged with an offence under this Article
in respect of a requirement to produce any document, it shall be a defence to
prove that they were not in the person’s possession or under the person’s
control and that it was not reasonably practicable for the person to comply
with the requirements.
(4) If
the Bailiff is satisfied on information on oath laid on behalf of the Council
or a competent authority, that there are reasonable grounds for suspecting that
there are on any premises any documents of which production has been required
by virtue of paragraph (3) and which have not been produced in compliance
with that requirement, the Bailiff may issue a warrant authorizing any police
officer, together with any other persons named in the warrant, to enter the
premises specified in the information, using such force as is reasonably
necessary for the purpose, and to search the premises and take possession of
any documents appearing to be such documents aforesaid, or to take in relation
to any documents so appearing any other steps which may appear necessary for
preserving them and preventing interference with them.
(5) Every
warrant issued under this Article shall continue in force for 30 days after the
date on which it is issued.
(6) Any
documents of which possession is taken under this Article may be retained for 90
days or, if within that period there are commenced any proceedings for an
offence against this Law to which they are relevant, until the conclusion of
those proceedings.
15 Notices,
authorizations and proof of documents
(1) Any
notice required or authorized by or under this Law to be served on a
corporation shall be duly served if it is served on the secretary or clerk of
the corporation.
(2) Any
notice required or authorized by or under this Law to be served on any person
may be served either –
(a) by
delivering it to that person; or
(b) by
sending it by registered post or the recorded delivery service addressed to the
person at the person’s usual place of abode or place of business.
(3) Any
permit, licence, permission or authorization granted for the purposes of this Law
or any Order made thereunder may be revoked at any time by the competent
authority or person empowered to grant it.
(4) Every
document purporting to be an instrument made or issued by the Council or any
competent authority or person in pursuance of this Law or any Order made under
this Law and to be signed on behalf of the Council or that competent authority
or person shall be received in evidence and shall until the contrary is proved,
be deemed to be an instrument made or issued by the Council or that competent
authority or person.
16 False
documents and false statements
(1) Any
person who, with intent to deceive –
(a) uses any
document issued for the purposes of this Law or any Order made under this Law;
(b) has
in the person’s possession any document so closely resembling such a
document as aforesaid as to be calculated to deceive; or
(c) produces,
furnishes, sends or otherwise makes use of, for purposes connected with this Law
or any Order made under this Law any book, account, estimate, return,
declaration or other document which is false in a material particular,
shall be guilty of an offence.
(2) Any
person who, in furnishing any information for the purposes of this Law or of
any Order made under this Law, makes any statement which the person knows to be
false in a material particular, or recklessly makes any statement which is
false in a material particular, shall be guilty of an offence.
17 Restriction
on disclosing information
No information obtained under or by virtue of this Law or of any Order
made under this Law shall be disclosed, otherwise than in connection with the
execution of this Law or of any such Order, or for the purposes of any criminal
proceedings, or of a report of any criminal proceedings and any person who
discloses any such information in contravention of this Article shall be guilty
of an offence.
18 Offences: responsibility of
directors, partners and officers etc.[13]
(1) In
this Article –
“relevant offence” means an offence under this Law
committed by a limited liability partnership, a separate limited partnership,
an incorporated limited partnership or another body corporate;
“relevant person” means –
(a) if
the relevant offence is committed by a limited liability partnership, a partner
of the partnership;
(b) if
the relevant offence is committed by a separate limited partnership or an
incorporated limited partnership –
(i) a general
partner, or
(ii) a
limited partner who is participating in the management of the partnership;
(c) if
the relevant offence is committed by a body corporate other than an
incorporated limited partnership –
(i) a director,
manager, secretary or other similar officer of the body corporate, and
(ii) if
the affairs of the body corporate are managed by its members, a member who is
acting in connection with the member’s functions of management; and
(d) a
person purporting to act in any capacity described in sub-paragraphs (a)
to (c) in relation to the partnership or body that commits the relevant
offence.
(2) If
a relevant offence is proved to have been committed with the consent or
connivance of a relevant person, that relevant person is also guilty of the
offence and liable in the same manner as the partnership or body corporate to
the penalty provided for that offence.
(3) If
a relevant offence –
(a) is an
offence that may be committed by neglect; and
(b) is
proved to be attributable to any neglect on the part of a relevant person,
that relevant person is also guilty of the offence and liable in the
same manner as the partnership or body corporate to the penalty provided for
that offence.
(4) A
fine imposed on an unincorporated association on its conviction of an offence
under this Law must be paid out of the funds of the association.
(5) Paragraphs (6)
and (7) apply if it is alleged that an offence under this Law has been
committed by an unincorporated association (that is, not by a member of the
association).
(6) Proceedings
for such an offence must be brought in the name of the association.
(7) For
the purposes of such proceedings, any rules of court relating to the service of
documents have effect as if the association were a body corporate (to the
extent that those rules do not make specific provision for service on
unincorporated associations).
19 Offences
and penalties
(1) Any
person who –
(a) contravenes
or fails to comply with any Order made, directions given or requirements
imposed under this Law; or
(b) wilfully
obstructs any person exercising a power or performing a duty conferred or
imposed on the person under this Law,
shall be guilty of an offence.
(2) Any
person who attempts to commit, conspires with any other person to commit, or
does any act or makes any statement preparatory to the commission of, an
offence against this Law shall be guilty of an offence.
(3) Any
person guilty of an offence against this Law shall be liable to imprisonment
for a term not exceeding 2 years or to a fine.
20 Citation
This Law may be cited as the Emergency Powers and Planning (Jersey)
Law 1990.