Commissioner for
Standards (Jersey) Law 2017
A LAW to establish the office of
Commissioner for Standards and to make provision for connected purposes.
Commencement [see endnotes]
part 1
interpretation
1 Interpretation[1]
In this Law, unless the context otherwise requires –
“code” means any of the following as the case
requires –
(a) the
code of conduct for elected members of the States set out in Schedule 3 to
the Standing Orders of the States of Jersey; or
(b) the
code of conduct and code of practice for Ministers and Assistant Ministers
referred to in Article 18(3A) of the States of Jersey Law 2005;
“Commissioner” means the Commissioner for Standards
established under Article 2;
“lodge” has the same meaning as in Article 1(1) of
the States of Jersey
Law 2005;
“PPC” means the Privileges and Procedures Committee established
under the Standing Orders of the States of Jersey;
“States’ employee” has the same meaning as in
Article 2 of the Employment of States of Jersey Employees (Jersey)
Law 2005.
part 2
appointment and administration
2 Office
of Commissioner
There shall be an office of Commissioner for Standards.
3 Appointment
of Commissioner
(1) The PPC shall appoint a
person to the office of Commissioner.
(2) Before the PCC appoints
a person to the office of Commissioner, the PPC must present to the States
notice of its intention to make the appointment at least 2 weeks before
the appointment is made.
(3) A person, on being
appointed to the office of Commissioner –
(a) shall
cease to hold any employment as a States’ employee; and
(b) shall
cease to hold any other office or employment (whether or not for remuneration)
with any States body, as defined in Article 1 of the Public Finances (Jersey) Law 2019, or independently audited
States body, as defined in Article 1(1) of the Comptroller and Auditor General (Jersey)
Law 2014.[2]
(4) A person, whilst
holding the office of Commissioner, shall be disqualified from holding any
employment or office described in paragraph (3).
(5) The PPC may appoint a
person to carry out the duties of the office of Commissioner while –
(a) the
office is vacant; or
(b) the
holder of the office is unable to perform the functions of the office.
(6) The PPC must report an
appointment under paragraph (5) to the States at the first reasonable
opportunity.
4 Terms
and conditions of appointment
(1) Subject to paragraphs (2),
(3) and (4), and any other provision of this Law, a person appointed to the
office of Commissioner shall hold the office on such terms and conditions as
are agreed between the person and the PPC.
(2) A person shall be
appointed to the office of Commissioner for a fixed term of up to 5 years.
(3) The appointment may be
extended for one or more fixed terms provided that the total length of the
appointment, including the initial appointment under paragraph (2), does
not exceed 9 years.
(4) A person cannot be
appointed to the office of Commissioner more than once.
5 Revocation of appointment
(1) The States may revoke
the appointment of a person to the office of Commissioner –
(a) on a
proposition lodged by the PPC; or
(b) on a
proposition signed by at least 11 members of the States in addition to the
member of the States lodging the proposition.
(2) The States shall debate
the proposition in camera.
(3) The proposition must
allege one of the following grounds for revocation, namely, that the person
holding the office of Commissioner –
(a) has
not carried out the duties of the office in a competent manner;
(b) is
incapacitated either mentally or physically from carrying out the duties of the
office;
(c) has
neglected to carry out all or any of the duties of the office;
(d) has
failed to comply with any term or condition of his or her appointment;
(e) has
indulged in dishonourable conduct;
(f) has,
without the approval of the PPC, taken leave of absence not provided for by his
or her terms and conditions of appointment; or
(g) has
been convicted of an offence and, by virtue of the conviction, has shown
himself or herself not to be a fit and proper person to continue to hold
office.
(4) The report accompanying
the proposition must set out details of the evidence to be relied upon to
support the allegation.
(5) The proposition cannot
be lodged unless the person holding the office of Commissioner –
(a) has
been given a copy of the report mentioned in paragraph (4); and
(b) has
been given such reasonable opportunity as the circumstances allow to prepare a
written statement in respect of the evidence mentioned in the report.
(6) Any statement prepared
in accordance with paragraph (5)(b) must accompany the proposition when it
is lodged.
(7) When the proposition
has been lodged the PPC may suspend the Commissioner from office if the
proposition is one to which paragraph (1)(a) refers.
(8) If the proposition –
(a) is
withdrawn;
(b) is
not approved by the States after debate; or
(c) is
not debated by the States within 3 months of being lodged,
the Commissioner must be restored to office without loss of
remuneration or any other benefits.
6 Vacancy in office
(1) The office of
Commissioner becomes vacant if the term of appointment of the person holding
the office expires.
(2) It also becomes vacant
if the person holding the office –
(a) dies;
(b) gives
the PPC written notice of resignation from the appointment;
(c) is
nominated for election to the States;
(d) is
appointed to any paid office or other place of profit under the Crown;
(e) becomes
a paid officer in the service of any parish;
(f) is
compulsorily detained or subject to guardianship under the Mental Health
(Jersey) Law 1969;
(g) has a
curator of his or her person or property appointed;
(h) has
an attorney appointed without whom he or she may not act in matters movable or
immovable;
(i) becomes
bankrupt or makes a composition or arrangement with his or her creditors;
(j) is
convicted of an offence involving corruption; or
(k) whether
in Jersey or elsewhere, is convicted of any offence and ordered to be
imprisoned.
(3) The office of
Commissioner also becomes vacant if the States, acting in accordance with Article 5,
revoke the appointment of the person holding the office.
7 Resources
The States must ensure that the Commissioner is provided with such
administrative and other support, including staff, services and accommodation,
as the Commissioner may reasonably require for the purpose of discharging the
functions of the Commissioner under this Law.
8 Limitation
of civil liability
(1) This Article applies to –
(a) a person
who is or has been the Commissioner; and
(b) a
person who is or has been or is acting or has acted as, an officer or agent of
the Commissioner.
(2) A person to whom this
Article applies is not liable in damages for any act done in the discharge, or purported
discharge, of the functions of the Commissioner under this Law or any other
enactment.
(3) Paragraph (2) does
not apply –
(a) if it
is shown that the act was done in bad faith; or
(b) so as
to prevent an award of damages made in respect of an act on the ground that the
act was unlawful as a result of Article 7(1) of the Human Rights (Jersey) Law 2000.
part 3
powers
and duties
9 Commissioner’s functions relating
to investigations, complaints and other matters concerning a code
(1) The functions of the
Commissioner are –
(a) to
investigate a complaint to the Commissioner that, at a relevant time, a breach
of a code as in force at that time occurred;
(b) to
initiate an investigation if the Commissioner believes that, at a relevant
time, a breach of a code as in force at that time may have occurred;
(c) to
report to the PPC on the outcome of any investigation referred to in paragraph (1)(a)
or (b);
(d) on
the Commissioner’s own initiative or, if requested by the PPC, to give
advice on any matter relating to standards of conduct of elected members of the
States or standards of conduct and practice of Ministers and Assistant Ministers,
including proposals to change a code;
(e) if
requested by the Chief Minister, to give advice on any matter relating to
standards of conduct and practice of Ministers and Assistant Ministers,
including proposals to change the code referred to in paragraph (b) of the
definition “code”.
(2) In paragraph (1)(a)
and (b), “relevant time” means any time that is not earlier than
the date that is 12 months before the date that this Article comes into
force.
(3) The Commissioner shall
not accept any complaint which –
(a) is
made anonymously;
(b) in
the Commissioner’s opinion, is frivolous, vexatious or unsubstantiated;
or
(c) is
from a person who is not a member of the States regarding words spoken by, or
actions of, an elected member during a meeting of the States.
(4) On receipt of a
complaint described in paragraph (1)(a), the Commissioner must decide
whether there are grounds to investigate and shall either –
(a) notify
the complainant that no such grounds exist; or
(b) undertake
an investigation.
(5) The Commissioner shall
determine the procedure and timing of any investigation.
(6) In making a report to
the PPC under paragraph (1)(c), the Commissioner shall state his or her
conclusions and recommend what action, if any, should be taken.
(7) The Commissioner’s
conclusions and recommendations are not binding on the PPC.
10 Independence
(1) The Commissioner must
not be directed on how any function of the office of Commissioner is to be
carried out, including, in particular, whether or not to undertake an
investigation referred to in Article 9(1)(a) or (b).
(2) The Commissioner may
seek legal advice from the Attorney General on any subject relevant to the
functions of the office of the Commissioner and the Attorney General may
provide that advice.
11 Statement
of manner in which functions are to be discharged
(1) The Commissioner shall
make and publish a statement of the manner in which he or she proposes to
discharge his or her functions under this Law and any other enactment.
(2) The Commissioner shall
keep under review and revise, as needed, the statement made and published under
paragraph (1).
(3) The Commissioner must,
at the same time a statement or revision is made, provide a copy of the
statement or revision, as the case may be, to the PPC.
(4) The PPC must, as soon
as reasonably practicable, lay the statement, and any revision of it, before
the States.
12 Duty
to prepare annual report
(1) The Commissioner must,
each year –
(a) make
a report in respect of the activities of the office of Commissioner for the
previous year; and
(b) at
the same time as the report is made provide a copy of it to the PPC.
(2) The PPC must, as soon
as reasonably practicable, lay the report before the States.
part 4
powers
and enforcement
13 Power
to summons people to appear and to provide records
(1) The Commissioner may,
in the exercise of his or her functions, do all or any of the following –
(a) summons
a person to appear before the Commissioner or to produce a specified record, or
to do both;
(b) require
a person to answer questions;
(c) require
a person who has access to a record to provide the information contained in it
to the Commissioner in a legible and comprehensible form.
(2) The power under paragraph (1)(a)
to require a record to be produced includes a power –
(a) if
the record is produced, to retain the record or to take copies of it or
extracts from the information it contains; and
(b) if
the record is not produced, to require the person to whom the requirement was
directed to state, to the best of his or her knowledge and belief, where it is.
(3) If records are
retained, a list of the records must be supplied to the person from whom they
were obtained.
(4) A record retained under
paragraph (2)(a) –
(a) may
be retained for one year; but
(b) if
within that year proceedings to which the record is relevant are commenced
against any person, may be retained until the conclusion of those proceedings.
(5) If –
(a) the
Commissioner has retained a record under paragraph (2)(a); and
(b) a
person reasonably requires the record for his or her business,
the Commissioner must provide the person with a copy of it as soon
as reasonably practicable.
(6) In this Part
“record” means any written document or information, whether or not
in electronic form.
14 Offence:
failure to appear, to answer questions or to provide information
(1) A person shall be
guilty of an offence if, when summonsed or required to do so by the
Commissioner acting in accordance with Article 13, the person fails or
refuses –
(a) to
appear before the Commissioner;
(b) to
produce a specified record;
(c) to
answer truthfully or at all any question;
(d) to
provide information contained in a record in a legible and comprehensible form;
or
(e) to state, to the best of his or her knowledge and belief, where a
record is.
(2) A person guilty of an
offence under paragraph (1) shall be liable to a fine of level 3 on
the standard scale.[3]
(3) It shall be a defence
for a person charged with an offence under paragraph (1) for the person to
show that there was a reasonable excuse for the failure or refusal.
15 Offence:
providing false record or information
(1) A person shall be
guilty of an offence if, when required to produce a record under this Law or
knowing that a record may be required to be produced under this Law, the
person, with intent to deceive –
(a) destroys
the record or in any other way renders it unintelligible or useless, or
difficult or impossible to retrieve; or
(b) alters
it in any way to make the information it contains false or misleading in a
material way.
(2) A person shall be
guilty of an offence if, when required to provide information under this Law,
the person knowingly provides information that is false, misleading or
incomplete in a material way.
(3) A person guilty of an
offence under paragraph (1) shall be liable to imprisonment for a term of
5 years and to a fine.
(4) A person guilty of an offence
under paragraph (2) shall be liable to imprisonment for a term of
2 years and to a fine.
16 Offence: obstruction
(1) A person shall be
guilty of an offence if he or she hinders or obstructs a person in the exercise
by that person of a function under this Law.
(2) A person guilty of an
offence under paragraph (1) shall be liable to imprisonment for a term of
6 months and to a fine of level 3 on the standard scale.[4]
part 5
miscellaneous
and closing
17 Privilege,
protection and self-incrimination
(1) Nothing in this Law
requires a person to produce a record or to provide information that the person
would, in an action in the Royal Court, be entitled to refuse to produce or
provide on the grounds of legal professional privilege.
(2) However, a lawyer must
disclose the name and address of a client if required to do so by a person
acting in accordance with this Law.
(3) Where a person
provides, in compliance with a request made in accordance with this Law, a
record or other information in respect of another person the provision of that
record or information shall not be regarded as a breach of any duty owed by the
first person to the second person or to any other person.
(4) An answer given by a
person to a question put to the person in exercise of a power conferred by this
Law may be used in evidence against the person.
(5) However, in criminal
proceedings in which the person is charged with an offence, other than an
offence under Article 15 –
(a) no
evidence relating to the answer may be adduced; and
(b) no
question relating to it may be asked,
by or on behalf of the prosecution, unless evidence relating to it
is adduced, or a question relating to it is asked, in the proceedings by or on
behalf of that person.
18 Amendment
of other enactments
(1) The States may, by
Regulations, amend any enactment in consequence of any provision of this
enactment.
(2) Regulations under paragraph (1)
may contain such provision as appears to the States to be necessary, incidental
or supplemental for the purpose of those Regulations.
19 Citation
This Law may be cited as the Commissioner for Standards (Jersey)
Law 2017.