Terrorism (Amendment No. 2) (Jersey) Law 2008

Terrorism (Amendment No. 2) (Jersey) Law 2008 Arrangement Article 1 Interpretation . 87 2 Article 23 amended . 87 3 Article 24 amended . 88 4 New Articles 24A, 24B and 24C inserted . 88 5 Paragraph 1 of Schedule 3 amended . 89 6 Paragraph 11 of Schedule 3 amended . 89 7 Paragraph 7 of Schedule 6 amended . 90 8 Saving for Regulations . 90 9 Citation and commencement 90 Terrorism (Amendment No. 2) (Jersey) Law 2008 A LAW to amend further the Terrorism (Jersey) Law 2002. Adopted by the States 7th November 2007 Sanctioned by Order of Her Majesty in Council 12th February 2008 Registered by the Royal Court 22nd February 2008 THE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – 1 Interpretation In this Law, “principal Law” means the Terrorism (Jersey) Law 2002 [1] . 2 Article 23 amended (1) After Article 23(5) of the principal Law there shall be inserted the following paragraph – “(5A) A person does not commit an offence under this Article by failing to disclose any information or other matter that has come to his or her attention, if – (a) it comes to the person in the course of his or her employment in the financial institution; (b) the financial institution was required by an Order made under Article 37 of the Proceeds of Crime (Jersey) Law 1999 [2] to provide the employee with training, but had not done so; (c) the training, if it had been given, would have been material; and (d) the employee does not know or suspect that the other person concerned had committed an offence under any of Articles 15 to 18.”. (2) In Article 23(7) of the principal Law – (a) in sub-paragraph (a), for the words “the alleged offender’s employer” there shall be substituted the words “the employer of the person making the disclosure”; (b) in sub-paragraph (b), for the words “the alleged offender’s” there shall be substituted the word “the discloser’s”. 3 Article 24 amended In Article 24(2) of the principal Law, the words “(‘the discloser’)” shall be deleted. 4 New Articles 24A, 24B and 24C inserted After Article 24 of the principal Law there shall be inserted the following Articles – “24A Restrictions on disclosure (1) Information which is disclosed to an officer of the Force or customs officer under Article 20, 21, 22, 23 or 24 shall not be disclosed by that officer, or by any person who obtains the information directly or indirectly from the officer, unless its disclosure is permitted under Article 24B or 24C. (2) A person who contravenes paragraph (1) shall be guilty of an offence and liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 4 on the standard scale, or both. (3) It is a defence for a person charged with an offence under this Article to prove that the person took all reasonable steps and exercised due diligence to avoid committing the offence. 24B Disclosure for purposes within Jersey (1) Article 24A does not prohibit the disclosure of information to a person in Jersey for the purposes of the investigation of crime in Jersey or of criminal proceedings in Jersey. (2) Article 24A does not prohibit the disclosure of information, for other purposes in Jersey, to – (a) the Attorney General; (b) the Jersey Financial Services Commission; (c) an officer of the Force or customs officer; or (d) any other person who is for the time being authorized in writing by the Attorney General to obtain that information. 24C Disclosure for purposes outside Jersey (1) Article 24A does not prohibit the disclosure of information if – (a) the Attorney General has consented to the disclosure and has not withdrawn that consent; and (b) the information is disclosed – (i) for the purposes of the investigation of crime outside Jersey or of criminal proceedings outside Jersey, or (ii) to an authority outside Jersey which is a competent authority for the purposes of Article 3(3) of the Investigation of Fraud (Jersey) Law 1991 [3] . (2) The Attorney General may give consent – (a) generally or specifically; and (b) unconditionally or subject to such conditions as the Attorney General may stipulate. (3) Without prejudice to the generality of paragraph (2), the Attorney General’s consent may be given in terms which permit the disclosure from time to time (as the occasion requires) of such a class of information as is specified in the consent to such a person or authority or class of persons or authorities as is so specified. (4) Without prejudice to the generality of paragraph (2), a condition – (a) may be expressed generally or in respect of any specified information; (b) may provide that information may only be disclosed in specified circumstances or for a specified purpose; or (c) may provide that any person or authority to whom information is disclosed shall not disclose it to any other person or body without the prior consent of the Attorney General.”. 5 Paragraph 1 of Schedule 3 amended For paragraph 1(3) of Schedule 3 to the principal Law there shall be substituted the following sub-paragraph – “(3) The balance of any sums in the hands of the Viscount by virtue of an order made under sub-paragraph (1) shall, after making payment (where appropriate) under sub-paragraph (1)(d), be paid into the Criminal Offences Confiscations Fund established by Article 24 of the Proceeds of Crime (Jersey) Law 1999 [4] .”. 6 Paragraph 11 of Schedule 3 amended In paragraph 11 of Schedule 3 to the principal Law – (a) in sub-paragraph (2)(a), for the words “a country or territory which is for the time being designated by the Regulations for the purposes of this paragraph” there shall be substituted the words “a country or territory outside Jersey”; (b) for sub-paragraph (3)(b) there shall be substituted the following clause – “(b) provision, made in a country or territory outside Jersey, prohibiting dealing with property – (i) which is subject to an external forfeiture order, or (ii) in respect of which such an order could be made in proceedings which have been or are to be instituted in that country or territory (‘an external restraint order’).”; (c) in sub-paragraph (5), for the words “a designated country or territory” there shall be substituted the words “a country or territory outside Jersey”. 7 Paragraph 7 of Schedule 6 amended For paragraph 7(3) of Schedule 6 to the principal Law there shall be substituted the following sub-paragraph – “(3) The States may by Regulations – (a) provide for a class of information to be customer information, or to cease to be customer information, for the purposes of this Schedule; or (b) extend the meaning of the expression ‘business relationship’ for the purposes of this Schedule.”. 8 Saving for Regulations Regulations made under paragraph 11 of Schedule 3 to the principal Law which are in force immediately before this Law comes into force shall remain in force until revoked by further Regulations made under that paragraph as amended by this Law. 9 Citation and commencement This Law may be cited as the Terrorism (Amendment No. 2) (Jersey) Law 2008 and shall come into force 7 days after it is registered. a.h. harris Deputy Greffier of the States [1] chapter 17.860 [2] chapter 08.780 [3] chapter 08.640 [4] chapter 08.780