Employers’
Liability (Compulsory Insurance) (Jersey) Law 1973[1]
A LAW to require employers to insure
against their liability for personal injuries to their employees, and for
purposes connected therewith
Commencement [see endnotes]
1 Interpretation
(1) In this Law, unless the
context otherwise requires –
“approved policy” means a policy of insurance not
subject to any conditions or exceptions prohibited for those purposes by Regulations;
“authorized insurer” means –
(a) a person who is a permit holder
for the purposes of the Insurance Business (Jersey) Law 1996; or
(b) a person
who is authorized by the relevant authority of the United Kingdom, or of a
member State of the European Union, to carry on in that country insurance
business in respect of an employer’s liability for bodily injury or
disease that may be sustained by an employee, and that arises out of and in the
course of the employee’s employment;
“business” includes a trade or profession, and any
activity carried on by a body of persons, whether corporate or not;
“educational establishment” means a university, college,
school or similar educational or technical institute;
“employee” means an individual who has entered into or
works under a contract of service or apprenticeship with an employer whether by
way of manual labour, clerical work or otherwise, and whether such contract is
expressed or implied, oral or in writing;
“Minister” means the Minister for Social Security;
“relevant training” means work experience provided
pursuant to a training course or programme, or training for employment, or
both, except where –
(a) the
immediate provider of the work experience or training for employment is an
educational establishment and it is provided on a course run by the
establishment; or
(b) it is
received under a contract of employment.[2]
(1A) For the purposes of this Law, where
a person is being provided with relevant training –
(a) the
person providing the training is the employer of the person receiving the
training;
(b) the
person receiving the training is the employee of the person providing it; and
(c) the
training is being provided in the course of the employment of the person
providing the training of the person receiving it.[3]
(2) Nothing in this Law
shall require an employer to insure–
(a) in
respect of an employee of whom the employer is the husband, wife, civil
partner, father, mother, grandfather, grandmother, step-father, step-mother,
son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister,
half-brother or half-sister; or
(b) except
as otherwise provided by Regulations, in respect of employees not ordinarily
resident in Jersey.[4]
(3) Except as otherwise
provided by Regulations, an employer not having a place of business in Jersey
shall be deemed not to carry on business there.
2 Insurance
against liability for employees
(1) Except as otherwise
provided by this Law, every employer carrying on any business in Jersey shall
insure, and maintain insurance, under one or more approved policies with an authorized
insurer or insurers against liability for bodily injury or disease sustained by
the employer’s employees, and arising out of and in the course of their
employment in Jersey in that business, but except in so far as Regulations
otherwise provide, not including injury or disease suffered or contracted
outside Jersey.
(2) Regulations may provide
that the amount for which an employer is required by this Law to insure and
maintain insurance shall, either generally or in such cases or classes of cases
as may be specified in the Regulations, be limited in such manner as may be so
specified.
3 Employers
exempted from insurance
This Law shall not require any insurance to be effected
by –
(a) the States of Jersey;
(b) in relation to any such
cases as may be specified in Regulations, any employer exempted by the Regulations.
4 Certificates
of insurance
(1) Provision may be made
by Regulations for securing that certificates of insurance in such form and
containing such particulars as may be specified in the Regulations are obtained
by employers entering into contracts of insurance in accordance with the
requirements of this Law and for the surrender in such circumstances as may be
so specified of certificates so obtained.
(2) Where a certificate of
insurance is required to be obtained by an employer in accordance with Regulations
made under paragraph (1), the employer, subject to any provision made by
the Regulations as to the surrender of the certificate shall, during the
currency of the insurance and such further period, if any, as may be specified
in the Regulations –
(a) comply
with any provision requiring the employer to display copies of the certificate
of insurance for the information of the employer’s employees;
(b) produce
the certificate of insurance or a copy thereof on demand to any inspector duly authorized
by the Minister for the purposes of this Law and produce or send the
certificate or a copy thereof to such other persons, at such place and in such
circumstances as may be specified;
(c) permit
the policy of insurance or a copy thereof to be inspected by such persons and
in such circumstances as may be specified.
(3) Any person who fails to
comply with a requirement imposed by or under this Article shall be liable to a
fine of level 3 on the standard scale.[5]
5 Penalty
for failure to insure
An employer who on any day is not insured in accordance with the
provisions of this Law when required so to be shall be guilty of an offence and
shall be liable to a fine of level 3 on the standard scale, and where an
offence committed by a body corporate has been committed with the consent or
connivance of, or facilitated by any neglect on the part of, any director,
manager, secretary or other officer of the body corporate, he or she, as well
as the body corporate shall be deemed to be guilty of that offence and shall be
liable to be proceeded against and punished accordingly. [6]
6 Regulations
(1) The States may make Regulations
for any purpose for which Regulations are authorized to be made by this Law,
and any such Regulations may make different provision for different cases or
classes of cases and may contain such incidental and supplementary provisions
as appear to the States to be necessary or expedient for the purposes of the Regulations.
(2) Regulations under this Article
may amend the definition of “authorized insurer” where it appears
to the States necessary or expedient to do so.
7 Citation
This Law may be cited as the Employers’ Liability (Compulsory
Insurance) (Jersey) Law 1973.