Public Records
(Jersey) Law 2002[1]
A LAW relating to records concerning
States functions and other public functions in Jersey, relating to access to
those records when they become archives and conferring various functions on the
Jersey Heritage Trust, an Archivist and a Records Advisory Panel
Commencement
[see endnotes]
PART 1
Preliminary
1 Interpretation
(1) In
this Law unless the context otherwise requires –
“archival” means, in
respect of a public record, that it has significant permanent value, whether
for the purposes of public administration or as a matter of cultural heritage;
“Archivist” means
the officer employed as Archivist under this Law;
“conservation”
means, in respect of a record, repairing it or otherwise applying treatment to
it;
“current” means, in
respect of a public record, that it is required to be readily available for the
performance of the day-to-day functions of a public institution (other than the
function of providing access, or deciding whether to provide access, to the
record under this Law);
“destroy” a record
includes treat or modify it in any irreversible way that would prevent any
information that could previously have been retrieved from the record from
being retrieved from the record;
“dispose” of a
record includes –
(a) transfer
custody, control or ownership of the record;
(b) be
a party to an arrangement for the transfer of the custody, control or ownership
of the record; and
(c) destroy
the record;
“electronic record”
means a record in such a medium or language that it can only be read or
understood by a natural person after electronic processing;
“function” includes
power, authority and duty;
“Minister” means the Minister for Economic Development,
Tourism, Sport and Culture;
“Order” means Order
made under this Law;
“Panel” means the
Records Advisory Panel established by this Law;
“person” includes a
public institution and any other body of persons corporate or unincorporate;
“preservation”
means, in respect of a record, protecting it against damage, deterioration,
loss or corruption;
“public institution”
has the meaning set out in Article 5;
“public record” has
the meaning set out in Article 3;
“public record of a public
institution” has the meaning set out in Article 6;
“public records officer”
has the meaning set out in Article 13;
“record” has the
meaning set out in Article 2;
“records management”
has the meaning set out in Article 7;
“Regulations” means
Regulations made under this Law;
“retention period”
means, in respect of a public record, the period, determined by appraisal under
Article 17, during which the record should be kept and at the end of
which, according to that appraisal, the record should be the subject of further
appraisal, or of disposal;
“Trust” means the
Jersey Heritage Trust incorporated by an Act of Incorporation granted by the
States by the Loi accordant un acte
d’incorporation à l’association dite “The Jersey
Heritage Trust”[2] registered on 3rd
June 1983.[3]
(2) Notes
inserted in the text of this Law do not form part of the Law.
(3) A
reference in this Law to an enactment is a reference to that enactment as
amended from time to time and includes a reference to that enactment as
extended or applied under another enactment, including another provision of
this Law.
(4) A
reference in this Law to an enactment includes a reference to an enactment of
the United Kingdom that applies to Jersey and that reference is a reference to
such an enactment as amended from time to time and includes a reference to such
an enactment as extended or applied under another enactment of the United
Kingdom.
2 Record
(1) For
the purposes of this Law, a record is information that –
(a) is
created or received (whether before or after this Article comes into force) in
the conduct of a corporate, institutional or individual activity; and
(b) has
such content, context and structure as to provide evidence of the activity.
(2) Notwithstanding
paragraph (1), for the purposes of this Law a record includes anything
prescribed by Regulations as a record, but does not include anything prescribed
by Regulations as not being a record.
(3) For
the purposes of this Law, a record may be in any code or language, and in any
medium.
(4) For
the purposes of this Law, the purpose of the author of something is not
conclusive in deciding whether it is a record.
(5) Regulations
that prescribe something for the purposes of paragraph (2) may do so by
reference to a particular object or to a class of objects.
(6) Regulations
that prescribe something for the purposes of paragraph (2) may also
prescribe a sample (such as a postage stamp, coin or banknote) drawn from a
class of objects and may specify how that sample is to be taken.
3 Public
record
(1) For
the purposes of this Law, a public record is a record that has been created, or
received, by a public institution in the performance of its functions and to
the possession of which that or another public institution is entitled.
(2) However,
a record is not a public record merely because it was received by the Trust in
the performance of such functions as it has otherwise than under this Law or
any other enactment.
4 Age
of public record
(1) For
the purposes of this Law, the age of a public record is calculated starting on
1st January next after the day when the last change was made to the substance
of the record.
(2) That
calculation is not affected by the circumstance that the record was not (or is
not taken to have been) a public record on either of those days, or for all of
the time that started running on either of those days or on the day when Part 4
comes into force.
5 Public
institution
(1) For
the purposes of this Law, “public institution” means any of the
following –
(a) a
Department referred to in Article 1 of the Departments of the Judiciary and the Legislature
(Jersey) Law 1965[4];
(b) any
administration of the States;
(c) the
Trust, to the extent that it performs functions under this Law or any other
enactment (other than the Loi accordant un
acte d’incorporation à l’association dite “The Jersey
Heritage Trust”[5] registered on 3rd
June 1983);
(d) the
Archivist;
(e) the
Panel;
(f) a
person prescribed by Regulations for the purposes of this definition;
(g) except
to the extent that Regulations otherwise provide –
(i) the staff
establishment of the Lieutenant Governor,
(ii) the States of
Jersey Police Force,
(iii) any office or
institution in Jersey where natural persons who are officers of the Crown, or
are employed by the Crown, the States or the States Employment Board, work in
their capacity as such officers or employees,
(iv) a corporation owned by
the States or in which the States have a controlling interest,
(v) any of the 12 parishes
of Jersey so far as concerns its staff establishment, offices, and institutions
(including the Honorary Police), that perform the temporal functions of the
parish, to the extent that they perform those functions.[6]
(2) Regulations
made under paragraph (1)(f) may prescribe a person to be a public
institution for the purposes of some or all of the provisions of this Law.
(3) Regulations
made under paragraph (1)(g) may prescribe an exception for the purposes of
some or all of the provisions of this Law.
6 Public
record of public institution
(1) For
the purposes of this Law, a reference to a public record of a public
institution is a reference to a public record in the custody or control of a
public institution (or to possession of which a public institution is
entitled).
(2) For
the purposes of this Law, a reference to a public record of a named public
institution is a reference to a public record in the custody or control of the
named public institution (or to possession of which the named public
institution is entitled).
(3) However,
a public record in the custody or control of the Trust is not a public record
of the Trust merely because it was transferred to the custody or control of the
Trust under Article 20.
7 Records
management
For the purposes of this Law, records management is the process of
ensuring the creation of records concerning the activities of a public
institution to the extent needed to document its activities, the retention of
those records to the extent necessary to ensure that the institution can
account for its activities and the disposal of those records in a manner that
depends on whether or not they still have significant value as evidence of
those activities.
PART 2
FUNCTIONS IN RELATION TO RECORDS
8 Principal
duties of Trust
The Trust shall –
(a) receive
archival public records into its custody or control or make some other
arrangement for their keeping;
(b) maintain
a public records office for the safe keeping of public records so received;
(c) employ
a person with appropriate qualifications as Archivist;
(d) employ
other persons with appropriate qualifications to assist the Archivist;
(e) perform
such other duties as the States may prescribe by Regulations;
(f) perform
its functions under this Law in accordance with standards approved from time to
time by the Panel; and
(g) comply
with any directions of the Panel in relation to the performance of those
functions.
9 Principal
duties of Archivist
The Archivist shall –
(a) before
he or she begins to perform any of his or her functions under this Law, take
oath before the Royal Court, in the form set out in Part 1 of Schedule 1;
(b) appraise
public records and survey the disposal of public records;
(c) have
the management of the public records in the custody or control of the Trust and
make them available for public access in accordance with the Freedom of
Information (Jersey) Law 2011[7];
(d) perform
such other duties as the States may prescribe by Regulations;
(e) perform
his or her functions under this Law in accordance with standards approved from
time to time by the Panel; and
(f) comply
with any directions of the Panel in relation to the performance of those
functions.[8]
10 Other
functions of Trust
The Trust may –
(a) establish
and manage specialized places of deposit and other facilities to house or exhibit
public and other records (whether or not the Trust has custody or control of
those records);
(b) have
the custody or control of any records (other than public records) that, in the
opinion of the Archivist, are of significant evidential or cultural value and
are offered by or on behalf of any person to the Trust on loan, as a gift, or
under some other arrangement;
(c) acquire
copyright, other forms of intellectual property, and other interests, in public
and other records, and, to the extent that it has any such property or other
interests (or is acting on behalf of any person who has), dispose of that
property or any of those interests;
(d) employ
staff, and engage consultants, for the purposes of this Law;
(e) obtain
and maintain equipment for the purposes of this Law;
(f) perform
such other functions as the States may prescribe by Regulations;
(g) do
all things that are necessary or convenient to be done for or in connection
with the performance of its functions under this Law.
11 Other
functions of Archivist
The Archivist may –
(a) accredit
specialized places of deposit and other facilities to house or exhibit public
and other records;
(b) manage
any records (other than public records) that, in the opinion of the Archivist,
are of significant evidential or cultural value and are offered by or on behalf
of any person to the Trust on loan, as a gift, or under some other arrangement;
(c) promote,
by providing advice and other assistance, records management relating to public
functions, whether those functions are carried out by the public or private
sector;
(d) promote
the preservation, conservation, appreciation and use of public records and
other records;
(e) enter
into arrangements with respect to the preservation, conservation, management
and custody or control of public records relating to places outside Jersey;
(f) enter
into arrangements with archives services outside Jersey with respect to public
records relating to Jersey;
(g) inspect,
assess, acquire, catalogue and dispose of (or authorize the disposal of) public
and other records;
(h) copy
and publish public and other records (but not so as to infringe copyright, or
any other intellectual property right, in the records);
(i) lend
records that, under this Law, have come into the custody or control of the
Trust to museums and other places of public exhibition and to different places
of deposit (but not in breach of any condition attaching to that custody or
control);
(j) publish
catalogues and indexes of, and other guides to, public and other records;
(k) promote
and undertake research and promote and provide education, advice and assistance
in connection with public and other records;
(l) undertake
the preservation and conservation of records in the custody or control of the
Trust and of other records;
(m) train, or
assist in the training of, persons for work in connection with public and other
records;
(n) provide
information and facilities for persons using public and other records;
(o) charge
reasonable fees for services provided by him or her;
(p) perform
such other functions as the States may prescribe by Regulations;
(q) do
all things that are necessary or convenient to be done for or in connection
with the performance of his or her functions.[9]
12 Panel
may give directions and shall approve standards
(1) The
Panel may give directions, not inconsistent with this Law, to the Trust and the
Archivist in relation to the performance of their functions under this Law.
(2) The
Panel shall ensure that at all times there are standards that it has approved,
for the purposes of Articles 8 and 9, that are not less strict and not
less extensive than the standards in force at those times of the British
Standards Institute, and of the International Organization for Standardization,
on records management and the storage, conservation and preservation of
records.
13 Public
records officer
(1) A
public records officer of a public institution has a duty to ensure that the
institution complies with any requirement of this Law that applies to the
institution.
(2) If
the Archivist is required to consult a public institution, it is sufficient
compliance with that requirement if the Archivist consults the public records
officer of the institution.
(3) For
the purposes of this Law, the public records officer of a public institution is
the person prescribed by Order for those purposes or, if no such person is so
prescribed, the chief officer or other person who has charge of the day-to-day
running of the institution.
(4) A
person so prescribed as public records officer of a public institution need not
be a person employed by or in the institution.
PART 3
RECORDS ADVISORY PANEL
14 Establishment
(1) There
is established a body to be known as the Records Advisory Panel.
(2) The
Panel shall consist of 5 members appointed by the Minister.
(3) The
members of the Panel shall have such qualifications or experience as qualify
them to perform the functions of the Panel and to balance, in that performance,
the interests of public institutions, the Trust, the Archivist, the States and
the general public.
(4) The
Minister shall appoint one of those members as chairman of the Panel.
(5) The
Minister shall notify the States of the appointments made under this Article.
(6) The
performance of the functions of the Panel shall not be affected by any vacancy
in its membership.
15 Meetings
and terms of appointment
(1) Schedule
2 shall have effect with respect to the members and the meetings of the Panel.
(2) The
States may make Regulations amending any provision of Schedule 2.
(3) Subject
to this Law, the Panel may regulate the conduct of its meetings.
16 Functions
The Panel may –
(a) review
from time to time the performance by the Trust, the Archivist and public
institutions of their functions under this Law;
(b) review
from time to time the appraisal of the records of public institutions, and the
schedules based on that appraisal, under Part 4;
(c) advise
the Minister, the Trust and the Archivist with respect to the functions of the
Trust and the Archivist under this Law;
(d) advise
public institutions with respect to their duties under this Law;
(e) advise
the Minister, the Trust, the Archivist and public institutions with respect to
the preservation of public records and the provision of public access to them;
(f) give
directions to the Trust and the Archivist with respect to the performance of
their functions under this Law; and
(g) perform
such other functions with respect to public records as are conferred on the
Panel by this Law or that the States may prescribe by Regulations.
PART 4
APPRAISAL AND RETENTION OF PUBLIC RECORDs
17 Appraisal
of public records
(1) The
Archivist shall appraise regularly the public records of each public
institution for the purposes of this Law and further appraise the records in
accordance with the schedules referred to in this Article.
(2) The
Archivist shall carry out his or her first appraisal of any class of electronic
record so far as possible in anticipation, that is, at the time when the
electronic program for creating records of that class is designed, or set in
operation, for the public institution that is to create records of that class.
(3) The
public institution shall provide the Archivist with such assistance as the
Archivist may reasonably require in order to carry out appraisals of the public
records of the institution under this Article.
(4) The
Archivist shall on the basis of these appraisals prepare and update schedules
that classify the public records appraised and indicate when further appraisal
of the records should be carried out under this Article or disposal of the
records should occur.
18 Schedules
of public records
(1) A schedule
referred to in Article 17, and any amendment to it, shall be of no effect
in relation to public records unless approved by the public records officer of
the public institution that has custody or control of the records (or is
entitled to their possession).
(2) Such
a schedule shall indicate for the purposes of this Law –
(a) the
retention periods for classes of records;
(b) whether
a record of any class is current;
(c) whether
a record of any class is archival;
(d) at
what intervals the records of each class should be the subject of further
appraisal;
(e) what
precautions (if any) should be taken to prevent inadvertent or wrongful
disposal of records of each class;
(f) when
records of each class are to be disposed of (if at all); and
(g) how
records of each class are to be disposed of.
(3) A
public institution shall comply in respect of each record that is a public
record of that public institution with the action for the time being specified
in the relevant schedule as action to be taken by the institution in respect of
the record.
(4) The
Archivist shall comply in respect of each record that is a public record with
the action for the time being specified in the relevant schedule as action to
be taken by the Archivist in respect of the record.
19 Further
appraisal
(1) The
Archivist shall further appraise public records at regular intervals, in
accordance with the schedules prepared and updated under Article 17.
(2) A schedule
prepared under Article 17 shall require the further appraisal of the
records of any class to be carried out no later than one month before the end
of the retention period that applies to the records.
20 Transfer
of non-current archival public records to Trust
(1) After
an archival public record of a public institution has reached 20 years of
age, the institution shall transfer the record to the custody or control of the
Trust, in accordance with directions of the Archivist.
(2) However,
paragraph (1) does not require the public institution to transfer any of
the following material –
(a) anything
that is still current;
(b) anything
that the public institution cannot transfer because the thing has already been
lawfully disposed of;
(c) anything
in respect of which a direction of the Panel is in force under Article 22;
(d) library
material in the collection of the Public Library;
(e) historical
material and works of art in the collection of the museums that the Trust
administers;
(f) material
prescribed by Order for the purposes of this Article.
(3) For
the purposes of this Article, a transfer of a record to the control of the
Trust includes a transfer of the record to a specialized place of deposit
specified by the Archivist.
21 Archivist
may inspect public records
(1) The
Archivist, in connection with his or her functions under this Law, may inspect
any public record of a public institution and may require a public institution
to furnish any public record of the public institution for inspection by the
Archivist.
(2) The
public institution shall comply with the requirement.
22 Records
to which Archivist is not entitled
(1) The
Panel may, notwithstanding Article 20, direct that a public record, or
each record in a specified class of public records, is a record that is not
required to be transferred in accordance with that Article.
(2) The
Panel may, notwithstanding Article 21, direct that a public record, or
each record in a specified class of public records, is a record to which the
Archivist is not entitled to have access under that Article or is entitled to
have access under that Article only on specified conditions to be observed by
the Archivist.
(3) A
direction under this Article may only be given in respect of a record that contains
information that, for the purposes of the Freedom of Information (Jersey)
Law 2011, is information that is absolutely exempt information or
qualified exempt information.[10]
(4) A
direction under this Article has effect for such period as is specified in the
direction but may at any time be revoked by the Panel.
23 Records
of former public institution
(1) If
a person who is a public institution ceases to be a public institution or, not
being a public institution, takes over the functions of a public
institution –
(a) the
public records of the public institution that existed before the day of the
cessation or take-over do not cease to exist as public records for the purposes
of this Law just because the person is not actually a public institution;
(b) those
records continue to be subject to this Law as if the person had not ceased to
be a public institution on that day or the functions had not been so taken
over; and
(c) for
the purposes of this Law, the person shall be taken to be a public institution
in respect of each record that continues to exist as a public record under this
Article.
(2) For
the avoidance of doubt it is declared that if a person was taken to be a public
institution in respect of any public records, by virtue of Article 24, and
then ceased to be taken to be such an institution, this Article applies to the
person and those records as if the person were a public institution that ceased
to be a public institution.
24 Records
of non-public institution performing public functions
(1) If
a person who is not a public institution performs public functions and both the
person and the functions have been prescribed by Regulations for the purposes
of this Article –
(a) the
person’s records that relate to the prescribed functions begin, if the
Regulations so prescribe, to exist for the purposes of this Law as public
records when the Regulations come into force (or if the Regulations prescribe a
later date, the later date); and
(b) for
the purposes of this Law, the person shall be taken to be a public institution
in respect of each record that exists as a public record because of this Article
on and from the date when it begins so to exist.
(2) A
person may be prescribed for the purposes of this Article even if the person,
if a body corporate, is not in public ownership or is not under public control.
(3) For
the purposes of this Article, a person’s records are the records in the
person’s custody or control (or to possession of which the person is
entitled).
25 Public
institution to have access
(1) The
Archivist shall ensure that a public record that is in the custody or control
of the Trust because of a transfer under Article 20 is made available, as
reasonably required for use by, or at the direction of, the public institution
for the time being exercising the functions in the performance of which the
record was created.
(2) The
Archivist may make the record available on such conditions as are necessary to
ensure its preservation.
26 Disposal
of public records
(1) A
person who has custody or control of a public record has a duty not to dispose
of it.
(2) This
Article does not prevent –
(a) the
doing of anything as required by any law or enactment, including Part 7 of this
Law;
(b) the
transfer of a public record to the custody or control of the Trust;
(c) the
transfer of a public record to such custody or control as the Archivist directs
(including transfer to a specialized place of deposit), to the custody or
control of a person who owns or has some other interest in the record, to the
archives of another country or to the archives of an international
organization;
(d) the
doing of anything with the specific approval of the Archivist or in accordance
with a practice generally approved by the Panel;
(e) in
the case of a current public record, the addition of material to, or alteration
of the material in, the record for the purposes of the performance of the
functions of the public institution that has custody or control of the record
or is entitled to possession of the record; or
(f) the
disposal of a duplicate that is not unique in any of the following
respects –
(i) its form;
(ii) its content;
(iii) its being the only
surviving duplicate of a lost record;
(iv) its being the only
surviving one of a number of duplicates that have no known original at the time
of the disposal.
PART 5[11]
access to PUBLIC RECORDs
27 [12]
28 [13]
29 [14]
30 [15]
31 [16]
32 [17]
33 [18]
34 [19]
PART 6[20]
review of decisions
35 [21]
36 [22]
PART 7
MANAGEMENT OF PUBLIC RECORDS
37 Conditions
of records storage
A person who has custody or control of an archival public record has
a duty to ensure that the record is kept at such a place and in such manner as
the Panel approves.
38 Public
duty to create and keep records
(1) A
public institution has a duty of records management in relation to the
performance of its functions.
(2) Regulations
may make provision for or with respect to the manner in which that duty is to
be discharged, and a public institution shall discharge the duty in accordance
with any such provision.
(3) The
requirements of this Article are in addition to any other requirements as to
the keeping of records or the preparation of accounts, reports and other
documentation.
PART 8
MISCELLANEOUS
39 [23]
40 [24]
41 Law
does not affect validity etc.
(1) Nothing
in this Law or done under this Law affects the validity of any record or its
admissibility in any proceedings.
(2) Nothing
in this Law affects the ownership of a record or any other legally enforceable
interest in a record (whether the interest is in the nature of copyright or
otherwise).
(3) In
particular, a transfer of a public record under this Law does not of itself
transfer the ownership of the record or any other legally enforceable interest
in the record (whether the interest is in the nature of copyright or
otherwise).
(4) Nothing
in this Law prevents the Trust from agreeing with a person that records in the
custody or control of the Trust as a result of a transfer from that person that
are not public records are to be held on conditions (including conditions as to
fees) to be observed by the person and the Trust, not being conditions
inconsistent with this Law.
42 Dispute
resolution
(1) A
dispute concerning the operation of this Law may be referred by the Minister,
the Trust, the Archivist, the Panel or a public institution to the Bailiff for
resolution if it is a dispute involving any 2 or more of those parties (but not
if it is a dispute to which the Bailiff or any person other than those parties
is a party).
(2) A
decision of the Bailiff on such a dispute shall be final and shall be complied
with by the parties to the dispute.
43 Protection
from liability for making record available
(1) If,
in the course of the administration of this Law, access is given to a
record –
(a) no
action for defamation, breach of confidence, or infringement of copyright lies,
by reason of the authorizing or giving of the access, against the Bailiff, the
Minister, the Trust, the Archivist, the Panel, a public institution, or any
person concerned in the authorizing or giving of the access;
(b) no
action for defamation or breach of confidence in respect of any publication
involved in, or resulting from, the giving of the access lies against the
author of the record or any other person because the author or other person
supplied the record to the Bailiff, the Trust, the Archivist, the Panel or a
public institution; and
(c) a
person concerned in the authorizing or giving of the access is not guilty of a
criminal offence by reason only of the authorizing or giving of the access.
(2) The
giving of access to a record under this Law shall not be taken, for the
purposes of the law relating to defamation or breach of confidence, to
constitute an authorization or approval of the publication of the record or of
its contents by the person to whom the access was given.
(3) A
person who transfers the custody or control of a public record to the Trust
under this Law, or otherwise in accordance with this Law, shall not be liable
in damages for that transfer.
44 Protection
from liability in general
(1) A
person to whom this Article applies shall not be liable in damages for anything
done or omitted in the discharge or purported discharge of any functions under
this Law unless it is shown that the act or omission was in bad faith.
(2) This
Article applies to –
(a) a
public institution, an officer, or employee, in or of a public institution or
an agent of a public institution, and a public records officer;
(b) the
Trust, any member of the Trust, and any person who is, or is acting as, an
officer, employee or agent of the Trust or performing any duty or exercising
any power on behalf of the Trust;
(ba) the
Minister and an officer in an administration of the States for which the
Minister is assigned responsibility;
(c) the
Bailiff;
(d) the
Archivist;
(e) the
Panel and any member of the Panel;
(f) any
person with whom the Trust has made arrangements for the custody or control of
a public record; and
(g) a
person prescribed for the purposes of this Article by Regulations.
45 Annual
and other reports
(1) The
Archivist shall, as soon as practicable after the end of the year 2003 and
of each subsequent calendar year, make to the States a report on –
(a) the
performance of his or her functions, and those of the Trust, under this Law
during that year; and
(b) such
developments during that year in the making, management and keeping of public
records as are relevant to Jersey.
(2) The
Archivist may also prepare such other reports as he or she thinks appropriate
with respect to those matters and may publish any such report in such manner as
he or she considers appropriate.
(3) In
making any report under this Article the Archivist shall have regard to the
need for excluding from the report, so far as practicable, any matter of a kind
referred to in Article 31(2) or (5).
46 Certified
copy of public record
(1) The
Archivist may give a certificate that a record referred to in the certificate
is a true copy of a public record in the custody or control of the Trust and
such a certificate is prima facie evidence in all courts of the matters stated
in the certificate.
(2) Any
writing purporting to be a certificate given under this Article shall, unless
the contrary is proved, be taken to be such a certificate and to have been duly
given.
47 Fees
to go to Trust
A fee or charge that the Archivist may require under this Law is
payable into the income of the Trust, but may be applied by the Trust only in
the performance of the functions of the Trust and of the Archivist under this
Law.
48 Charges
for services
(1) If
the Archivist provides a service that is not within his or her duties under
this Law, but is within in his or her functions under this Law, and no
provision is made by or under this Law for a charge for the service, the
Archivist may make a reasonable charge for the service.
(2) The
Archivist may refuse to provide or complete the service if the charge is not
paid.
49 Regulations
and Orders
(1) The
States may by Regulations make provision for the purpose of carrying this Law
into effect and, in particular, but without prejudice to the generality of the
foregoing, for prescribing any matter that may be prescribed by Regulations
under this Law.
(2) The
Minister may by Order make provision for the purpose of carrying this Law into
effect and, in particular, but without prejudice to the generality of the
foregoing, for or with respect to the following matters –
(a) fees
and charges relating to access to records, and to the provision of extracts,
copies and certificates, under this Law;
(b) the
form and content of any notice or certificate given under this Law; and
(c) any
other matter that may be prescribed by Order under this Law.
(3) Regulations
or an Order made under this Law may –
(a) make
different provision in relation to different cases or circumstances; and
(b) contain
such transitional, consequential, incidental or supplementary provisions as
appear to the States or the Minister, as the case may be, to be necessary or
expedient for the purposes of the Regulations or Order.
(4) The
Subordinate Legislation (Jersey)
Law 1960[25] shall apply to Orders made
under this Law.
50 Savings
and transitional provisions
Schedule 3 shall have effect.
51 Citation
This Law may be cited as the Public Records (Jersey) Law 2002.