AI-assisted research summary: This amendment law adds secondary liability rules: certain partners, officers, or people acting in those roles can also be guilty when a company or partnership commits an offence with their consent, connivance, or neglect, and anyone who aids or procures an offence is also guilty. It also says the law starts on the seventh day after registration.
L.36/2005 Children and Day Care (Amendment) (Jersey) Law 2005 A LAW to amend the Children (Jersey) Law 2002 and the Day Care of Children (Jersey) Law 2002 in particular so as to provide for the liability of secondary parties. Adopted by the States 19th July 2005 Sanctioned by Order of Her Majesty in Council 15th November 2005 Registered by the Royal Court 16th December 2005 THE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – 1 Article 16 of the Children (Jersey) Law 2002 amended In Article 16(7) of the Children (Jersey) Law 2002 [1] for the words “Probation Committee” there shall be substituted the words “Probation Board”. 2 Article 78 of the Children (Jersey) Law 2002 amended In Article 78(1)(c) of the Children (Jersey) Law 2002 for the words “Article 24” there shall be substituted the words “Article 35”. 3 Article 80 of the Children (Jersey) Law 2002 substituted For Article 80 of the Children (Jersey) Law 2002 there shall be substituted the following Article – “80 General provisions as 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, or to be attributable to any neglect on the part 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 shall also be 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) Any person who aids, abets, counsels or procures the commission of an offence under this Law shall also be guilty of an offence and liable in the same manner as a principal offender to the penalty provided for that offence.”. 4 Article 12A of the Day Care of Children (Jersey) Law 2002 inserted After Article 12 of the Day Care of Children (Jersey) Law 2002 there shall be inserted the following Article – “12A General provisions as 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, or to be attributable to any neglect on the part 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 shall also be 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) Any person who aids, abets, counsels or procures the commission of an offence under this Law shall also be guilty of an offence and liable in the same manner as a principal offender to the penalty provided for that offence.”. 5 Citation and commencement This Law may be cited as the Children and Day Care (Amendment) (Jersey) Law 2005 and shall come into force on the seventh day following its registration. M.N. DE LA HAYE Greffier of the States. [1] chapter 12.200