Employers’
Liability (Compulsory Insurance) (General) (Jersey) Regulations 1973[1]
1 Prohibition
of certain conditions in policies of insurance
(1) Any
condition in a policy of insurance issued or renewed in accordance with the
requirements of the Employers’
Liability (Compulsory Insurance) (Jersey) Law 1973 (hereinafter
referred to as the “Law”) after the coming into force of this Regulation
which provides, in whatever terms, that no liability, either generally or in
respect of a particular claim, shall arise under the policy, or that any such
liability so arising shall cease –
(a) in
the event of some specified thing being done or omitted to be done after the
happening of the event giving rise to a claim under the policy;
(b) unless
the policy holder takes reasonable care to protect the policy holder’s
employees against the risk of bodily injury or disease in the course of their
employment;
(c) unless
the policy holder complies with the requirements of any enactment for the
protection of employees against the risk of bodily injury or disease in the
course of their employments;
(d) unless
the policy holder keeps specified records or provides the insurer with, or
makes available to the insurer, information therefrom,
is hereby prohibited for
the purposes of the Law.
(2) Nothing
in this Regulation shall be taken as prejudicing any provision in a policy
requiring the policy holder to pay to the insurer any sums which the latter may
have become liable to pay under the policy and which have been applied to the
satisfaction of claims in respect of employees or any costs and expenses
incurred in relation to such claims.
2 Limit
of amount of compulsory insurance
The amount for which an
employer is required by the Law to insure and maintain insurance shall be £5
million in respect of claims relating to any one or more of the employer’s
employees arising out of any one occurrence.[2]
3 Employees
not ordinarily resident in Jersey
The requirements of the Law
and Regulations under the Law shall apply in respect of employees not
ordinarily resident in Jersey who are present in Jersey in the course of their
employment for a continuous period of not less than 14 days, as they apply in
respect of employees ordinarily resident in Jersey.
4 Employers
to obtain certificates of insurance
Every employer shall,
within a reasonable time of entering into a contract of insurance in accordance
with the requirements of the Law obtain from the insurer with whom the employer
contracts, in respect of the policy of insurance expressing the contract, a
certificate of insurance in the form and containing the particulars set out in
the Schedule to these Regulations.
5 Display
of copies of certificates of insurance
(1) Where
a certificate of insurance has been obtained by an employer in accordance with Regulation
4, the employer shall display a copy or copies of that certificate at the
employer’s place of business or, where the employer has more than one
place of business, at each place of business at which the employer employs any person
whose claims may be the subject of indemnity under the policy of insurance to
which that certificate relates.
(2) Copies
of any certificate of insurance obtained in accordance with Regulation 4 shall
be displayed in such numbers and characters and in such positions as to be
easily seen and read by every person employed whose claims may be the subject
of indemnity under the policy of insurance to which the certificate relates
and, where displayed in the open, shall be protected from the weather.
(3) Copies
of any certificate of insurance obtained in accordance with Regulation 4 shall
be kept displayed until the expiration of the period of insurance stated in the
certificate, or if the policy of insurance to which the certificate relates is
cancelled before that time, until the policy is cancelled and, in either case,
shall not be displayed thereafter.
6 Production
of certificates of insurance
Where an employer is
served with a notice issued on behalf of the Minister requiring the employer so
to do, the employer shall produce or send to any officer in an administration
of the States for which the Minister is assigned responsibility who is
specified in the notice, at the address and within the time specified therein,
the original or a copy of every certificate of insurance issued to the employer
in accordance with Regulation 4, which relates to a period of insurance current
at the date of the notice.
7 Inspection
of policies of insurance
An employer who has
entered into a contract of insurance in accordance with the requirements of the
Law shall, during the currency of the insurance, permit the policy of insurance
expressing the contract or a copy thereof, to be inspected at any reasonable
time by any person duly authorized in that behalf by the Minister on
production, if so required of the person’s authority, at the place of
business of the employer or, in the case of a company, at its registered
office.
8 Citation
These Regulations may be
cited as the Employers’ Liability (Compulsory Insurance) (General)
(Jersey) Regulations 1973.
SCHEDULE
(Regulation 4)
CERTIFICATE OF EMPLOYERS’ LIABILITY INSURANCE[3]
EMPLOYERS’
LIABILITY (COMPULSORY INSURANCE) (JERSEY) LAW 1973
(A copy or copies of this certificate must be displayed at each
place of business at which the policy holder employs persons covered by the
policy.)
Policy No.
…...............................
1. Name
of policy holder.
2. Date
of commencement of insurance.
3. Date
of expiry of insurance.
We hereby certify that the policy to which this certificate relates
satisfies the requirements of the relevant law applicable in Jersey.
Signed on behalf of
….......................................... (Authorized Insurer)
…….…..................... (Signature)