Protection of
Children (Restriction on Supply of Goods) (Jersey) Law 2009
A LAW to enable the prohibition of or
restriction on the supply of certain goods to persons under full age and for
connected purposes.
Commencement [see endnotes]
1 Interpretation
In this Law –
“authorized person” means any person who is a consumer
safety inspector within the meaning of the Consumer Safety (Jersey) Law 2006;
“prescribed” means prescribed by Regulations.
2 Power
to make Regulations prohibiting or restricting the supply of certain goods to
children
(1) The States may, in the
interests of promoting public health or public safety, make Regulations
prohibiting or restricting the supply of such goods as may be prescribed to
such persons or categories of persons, being persons under full age, as may be
prescribed in such circumstances as may be prescribed.
(2) Regulations under this
Article may –
(a) define
the meaning of “supply” and different meanings may be given to meet
different circumstances or different classes of circumstances; and
(b) contain
such incidental, supplemental or transitional provisions as appear to the
States to be necessary or expedient.
3 Compliance
with Regulations
(1) An authorized person
may, for the purpose of ensuring compliance with any Regulations made under
this Law, and subject to the production if so required, of evidence of that
authorized person’s authority, at any reasonable time enter any premises
(other than premises used only as a dwelling) –
(a) to
ascertain whether there has been contravention of any Regulations made under
this Law;
(b) to
make such examination and investigation as may in the circumstances be
necessary;
(c) to
take such photographs and make such recordings as the authorized person
considers necessary for the purpose of any examination or investigation;
(d) to require
the production of, inspect, take copies of, or copies of any entry in, any
books or documents which it is necessary for the authorized person to see for
the purposes of any examination or investigation by the authorized person;
(e) to
require any person to afford the authorized person such reasonable facilities
and reasonable assistance with respect to any matters or things within that
person’s control, or in relation to which that person has
responsibilities, as are necessary to enable the authorized person to exercise
any of the powers conferred on him or her by this Article;
(f) to
do any other thing which is reasonably necessary or incidental for the purpose
of carrying out his or her powers under this Article.[1]
(2) A person who is not an
authorized person who purports to act as such for the purposes of this Law is
guilty of an offence and liable to imprisonment for a term of 6 months and
to a fine of level 3 on the standard scale.[2]
4 Offences
for contravention of Regulations and obstruction
(1) A person who supplies
any goods in contravention of any Regulations made under this Law shall be
guilty of an offence and liable to imprisonment for a term of 12 months
and to a fine.
(2) A person
who –
(a) intentionally
obstructs any authorized person acting in pursuance of any provision of this
Law; or
(b) without
reasonable cause fails to give any authorized person who is so acting any
assistance or information that the authorized person may reasonably require for
the purposes of the exercise of his or her functions under this Law,
is guilty of an offence and liable to imprisonment for a term of
6 months and to a fine of level 3 on the standard scale.[3]
(3) A person is guilty of
an offence if, in giving any information which is required of the person by
virtue of paragraph (2)(b), the person –
(a) makes
any statement that the person knows is false in a material particular; or
(b) recklessly
makes a statement that is false in a material particular.
(4) A person guilty of an
offence under paragraph (3) is liable to imprisonment for a term of
12 months and to a fine.
(5) It shall be a defence
for a person charged with an offence under paragraph (1) to prove that he
or she took all reasonable precautions and exercised all due diligence to avoid
the commission of the offence.
(6) If the person charged
adduces evidence that is sufficient to raise an issue with respect to the
matters to be proved under paragraph (5), the court shall treat the
defence as proved unless the prosecution proves beyond reasonable doubt that it
is not.
5 Parties
to offences
(1) Where an offence under
this Law committed by a limited liability partnership or body corporate is
proved to have been committed with the consent or connivance of –
(a) a
person who is a partner of the partnership, or director, manager, secretary or
other similar officer of the body corporate; or
(b) any
person purporting to act in any such capacity,
the 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.
(2) Where the affairs of a
body corporate are managed by its members, paragraph (1) shall apply in
relation to acts and defaults of a member in connection with the member’s
functions of management as if he or she were a director of the body corporate.
(3) A person who aids,
abets, counsels or procures the commission of an offence under this Law is also
guilty of an offence and liable in the same manner as a principal offender to
the penalty provided for that offence.
6 Citation
This Law may be cited as the Protection of Children (Restriction on
Supply of Goods) (Jersey) Law 2009.