Gambling Commission
(Jersey) Law 2010
A LAW to establish a Gambling
Commission to supervise and regulate the conduct of gambling, and for related
matters
Commencement [see endnotes]
PART 1
INTERPRETATION
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“Chairman”
means the person appointed as such under Schedule 1;
“Commission”
means the Jersey Gambling Commission established by Article 2;
“Commissioner”
means a person appointed as such under Schedule 1, and includes the
Chairman;
“Comptroller and
Auditor General” has the same meaning as in the Comptroller and
Auditor General (Jersey) Law 2014;
“financial year”
means the period beginning with the day on which this Law comes into force and
ending with the 31st day of December next following, and each subsequent period
of 12 months ending with the 31st day of December in each year;
“gambling” has
the same meaning as in the Gambling
(Jersey) Law 2012;
“Minister”
means the Minister for Sustainable Economic Development;
“social
responsibility function” means the Commission’s function under
Article 9.[1]
(2) In
this Law, unless the context otherwise requires, “gambling service”
means a service –
(a) that
is a gambling service within the meaning of Article 2 of the Gambling
(Jersey) Law 2012; and
(b) for
the provision of which a licence, permit, approval or registration is required
under that Law.[2]
(3) For
the purpose of this Law a person is a provider of gambling services if that
person provides services that are gambling services.
(4) For
the purpose of this Law a person is a consumer of gambling services if that
person –
(a) in or
from within Jersey, engages in gambling in relation to which a gambling service
is provided to that person; and
(b) does
so otherwise than in the course of a business.[3]
PART 2
Establishment and general functions of COMMISSION
2 Establishment
of Gambling Commission
(1) There
is to be a body corporate known as the Jersey Gambling Commission.
(2) The
Commission has perpetual succession and is to consist of not less than 2 and
not more than 5 Commissioners, including the Chairman.
(3) The
Commission is independent of the Minister and of the States.
(4) Paragraph (3)
is subject to –
(a) any
provision of this Law, and in particular Article 5; and
(b) any
obligation to comply with any conditions lawfully attached to any funding
accepted by the Commission from the States.
(5) Schedule 1
makes further provision in relation to the Commission.
3 General
functions and powers of Commission
(1) The
functions of the Commission are –
(a) the
general supervision of gambling, including in particular –
(i) supervision of
providers of gambling services, and
(ii) investigation
of whether any person is complying with, contravening, or committing an offence
under an enactment relating to gambling; and
(b) any
other function conferred on or transferred to the Commission under this Law or
any other enactment.
(2) The
States may by Regulations –
(a) transfer
to the Commission any function under any other enactment, to the extent that
the function relates to gambling; and
(b) amend
this or any other enactment in order to give effect to any transfer of
functions to the Commission under sub-paragraph (a) or Schedule 2.
(3) The
Commission may exercise the rights, powers and privileges and incur the
liabilities and obligations of a natural person of full age and capacity, so
far as is –
(a) reasonably
necessary or expedient for or incidental to any of its functions;
(b) possible
for a body corporate; and
(c) not
prohibited by any enactment.
(4) Without
prejudice to the generality of paragraph (3), the Commission may in its
corporate name –
(a) sue
and be sued;
(b) enter
into contracts; and
(c) acquire,
hold and dispose of property.
(5) The
Commission must ensure that it carries out its functions in a way that does not
give rise to, or maintain, unnecessary burdens.
4 Guiding
principles
The Commission must, in
the performance of all of its functions, have regard to the principles that any
gambling services provided –
(a) should
be conducted responsibly and with safeguards necessary to protect children and
vulnerable people;
(b) should
be regulated in accordance with generally accepted international standards to
prevent fraud and money laundering, and should not be permitted to be a source
of crime; and
(c) should
be verifiably fair to consumers of those services.
5 Guidance
and direction by the Minister
(1) The
Minister may give to the Commission, in writing, guidance or general directions
in respect of –
(a) the
policies to be followed by the Commission in relation to the supervision or
regulation of gambling services; and
(b) the
manner in which any function of the Commission is to be carried out.
(2) The
Minister may give to the Commission, in writing, specific directions as to the
determination under Article 11(4)(c) of the manner in which gross win is
to be calculated.
(3) The
Commission must –
(a) act
in accordance with any general directions given under paragraph (1) and
any specific directions given under paragraph (2); and
(b) in
discharging its functions, have regard to any guidance given under that
paragraph.
(4) The
Minister must not give guidance or general directions unless he or
she –
(a) has
first consulted the Commission; and
(b) considers
that the giving of that guidance or direction –
(i) is necessary in
the public interest, and
(ii) will
not unduly affect the Commission’s independence.
(5) The
Minister must not give –
(a) guidance
or general directions as to exercise of the Commission’s functions in
respect of any particular person; or
(b) general
directions as to when or how the Commission is to perform its social
responsibility function.
PART 3
Good practice, advice and co-operation
6 Good
practice and codes of practice
(1) The
Commission must promote –
(a) the
following of good practice by providers of gambling services, being practice that
appears to the Commission to be desirable having regard to the guiding
principles set out in Article 4; and
(b) in
particular, the observance of the requirements of enactments relating to
gambling.
(2) The
Commission may approve one or more codes of practice to further any aspect of
its duty under paragraph (1).
(3) A
code may be approved whether it has been prepared by or on behalf of the
Commission or issued by another person (whether in relation to Jersey or not),
and may take the form of a code issued by another person with deletions,
amendments or additions made by the Commission.
(4) The
Commission –
(a) must,
subject to any Order under paragraph (12)(b), ensure that any approved
code is published in a manner that the Commission thinks likely to bring it to
the attention of those whose activities it concerns; and
(b) may
in addition cause copies of an approved code to be put on sale to the public at
any price that the Commission considers to be reasonable.
(5) An
approved code –
(a) may
refer to technical standards issued by another person (whether in relation to
Jersey or not), and may apply those standards subject to deletions, amendments
and additions made by the Commission;
(b) may
make different provision for different cases or circumstances;
(c) must
state when it comes into force; and
(d) may
be revised or revoked by the Commission.
(6) Subject
to paragraphs (7) to (11), a person’s failure to follow a provision
in an approved code does not of itself render any person liable to proceedings
of any kind or invalidate any transaction.
(7) An
approved code is admissible in evidence in any proceedings if it appears to the
court or tribunal conducting the proceedings to be relevant to a question
arising in the proceedings, and that code is to be taken into account in
determining that question.
(8) In
proceedings where it is alleged that a person has contravened a requirement of
an enactment relating to gambling –
(a) proof
of a failure to comply with a provision of an approved code purporting to promote
the observance of that requirement may be relied on as tending to establish
contravention of the requirement; and
(b) proof
of compliance with that provision may be relied on as tending to establish that
the requirement has not been contravened.
(9) Paragraph (6)
is subject to any provision of an enactment relating to gambling that makes an
exception to an offence dependent on compliance with an approved code.
(10) A
copy, certified in writing on behalf of the Commission to be an accurate copy
of all or part of an approved code, is admissible in evidence in all legal
proceedings as of equal validity with the original and as evidence of any fact
stated in it of which direct oral evidence would be admissible.
(11) Where
a document purports on its face to be a copy of all or part of an approved
code, certified in accordance with paragraph (10), it is not necessary for
the purposes of paragraph (10) to prove the official position or
handwriting of the person signing on behalf of the Commission.
(12) The
Minister –
(a) must
by Order require the Commission to consult in a specified manner before it
approves a code; and
(b) may
by Order –
(i) prescribe any
aspect of the manner in which an approved code must be published, and
(ii) impose
any other requirement on the Commission in relation to approval of codes.
(13) The
Commission must take account of an approved code in performing any of its
functions to which the code is relevant, and particularly when considering an
application for, or the revocation of any licence, permit, approval,
certificate, registration or other permission.
(14) The
Commission must –
(a) in exercising its powers under this Article
and performing its duty under Article 3(5) in relation to those powers,
particularly take account of any burden that may be caused by any unnecessary
inconsistency between a provision of an approved code and any similar provision
in any other jurisdiction in which providers of gambling services also operate;
(b) keep under review its exercise of its powers
under this Article, and in particular keep under review the provisions of any
approved code or of any technical standards referred to in such a code; and
(c) specify, in its report on its operations
prepared under Article 18(1)(b), the results of action taken under
sub-paragraphs (a) and (b).
7 Information
and advice
(1) The
Commission must arrange for the giving, in such form and manner as the
Commission considers appropriate, of such information and advice as it may
appear to the Commission expedient to give to the public, or to any persons,
about –
(a) the
operation of enactments relating to gambling;
(b) good
practice as promoted under Article 6; and
(c) other
matters within the scope of the Commission’s functions.
(2) The
Commission must give advice to the Minister about –
(a) the
incidence of gambling;
(b) the
manner in which gambling is carried on;
(c) the
effects of gambling;
(d) the
regulation of gambling; and
(e) any
need for the introduction, amendment or replacement of any enactment that
relates to gambling, including any amendment to this Law.
(3) Advice
under paragraph (2) must be given –
(a) in
response to a request from the Minister; and
(b) on
such other occasions as the Commission thinks appropriate.
(4) The
Minister must request the advice of the Commission when preparing any draft
enactment relating to gambling, including any amendment to this Law.
(5) In
carrying out its functions under this Article the Commission must in particular
aim to secure –
(a) the
education of persons who may be involved in gambling as to –
(i) the rights of
consumers of gambling services,
(ii) the
duties of providers of gambling services, and
(iii) the
steps to be taken for enforcing those rights or complying with those duties;
(b) the
reduction of the risk to the public of financial loss due to dishonesty,
incompetence or malpractice by, or the financial unsoundness of, providers of
gambling services; and
(c) the
protection and enhancement of the reputation and integrity of Jersey in
commercial and financial matters, as those are affected by gambling.
8 Cooperation
with overseas authorities
(1) For
the purpose of this Article an overseas authority is a person or body
discharging any function under the law of and in relation to a country or
territory outside Jersey, if that function –
(a) is
the same as or similar to a function of the Commission in relation to Jersey;
or
(b) otherwise
consists of investigating or prosecuting an offence related to gambling under
the law of that country or territory.
(2) The
Commission may, to cooperate with an overseas authority, exercise any approved
power in Jersey –
(a) as if
the enactment conferring the power extended to the country or territory of that
overseas authority; or
(b) as if
any act complained of by that authority had taken place in Jersey.
(3) In
paragraph (2) “approved power” means a power of the
Commission, under this Law or any other enactment, in respect of
which –
(a) an
enactment designates the power as an approved power for the purpose of this
Article; or
(b) the
Attorney General has approved the exercise of the power by virtue of this
Article in a particular case.
(4) An
approved power cannot be exercised by virtue of paragraph (2) unless the
Commission is satisfied that –
(a) its
exercise has been requested by the overseas authority; and
(b) the
request was made only for the purpose of obtaining assistance for that
authority in the exercise of one or more of its functions mentioned in
paragraph (1).
(5) Paragraph (6)
applies when –
(a) the
Commission is deciding whether to exercise a power by virtue of this Article;
or
(b) the
Attorney General is deciding whether to approve the exercise of a power by
virtue of this Article.
(6) The
Commission and the Attorney General may take the following factors (among
others) into account –
(a) whether
corresponding assistance would be given in that country or territory to the
Commission;
(b) whether
the case concerns the possible breach of a law, or other requirement, that has
no close parallel in Jersey or involves the assertion of a jurisdiction not
recognized by Jersey;
(c) the
seriousness of the case and its importance in Jersey;
(d) whether
the overseas authority will pay some or all of the Commission’s fees or
costs of exercising the power;
(e) whether
the overseas authority will comply with any conditions that the Commission may
impose on its assistance;
(f) whether
the assistance could be obtained by other means; and
(g) whether
it is otherwise appropriate in the public interest to give the assistance
sought.
(7) The
exercise of a power under any provision is no less an exercise of that power
under that provision because it is exercised by virtue of this Article, and
this Law (and any other law that applies when a power is exercised directly
under that provision) applies also when that power is exercised by virtue of
this Article.
(8) An
approved power may be exercised by virtue of paragraph (2) –
(a) notwithstanding
that there may be no grounds in any events within Jersey for the exercise the
power otherwise than by virtue of this Article;
(b) notwithstanding
that the exercise may not be necessary or expedient for or incidental to any of
the Commission’s own functions;
(c) without
prejudice to any power of the Commission under Article 3(3) to assist any
person or body, including an overseas authority, when reasonably necessary or
expedient for or incidental to any of the Commission’s own functions; and
(d) as if
the exercise of the power by virtue of this Article is a function of the
Commission for the purpose of Article 3(3).
PART 4
Social responsibility
9 Social
responsibility function
(1) The
Commission must take the action it considers appropriate to –
(a) protect
children and other vulnerable persons from addiction to gambling and from other
forms of harm associated with gambling;
(b) make
assistance available to persons who are or may be affected by problems related
to excessive gambling; and
(c) otherwise
avoid and reduce problems related to gambling.
(2) Without
prejudice to the generality of paragraph (1), the action that may be
taken –
(a) includes
funding, coordinating and otherwise promoting action by others; and
(b) may
be by way of research, education, information, prevention, treatment,
counselling or other measures.
(3) The
Commission’s power to fund action by others includes the
power –
(a) to
give grants, loans or any other form of financial assistance; and
(b) to
attach to the funding any terms or conditions, including as to repayment with
or without interest.
10 Social
responsibility fund
(1) The
Commission must establish and maintain a social responsibility fund, accounted
for separately from its general funds.
(2) The
Commission must pay into the fund –
(a) any
money raised through a social responsibility levy under Article 11;
(b) any
fee received for a service performed or item supplied under its social
responsibility function; and
(c) any
donation or grant that it believes was intended wholly or primarily to assist
in the discharge of the social responsibility function.
(3) The
Commission may pay into the fund any other money.
(4) The
Commission must not make any payment out of the fund for any purpose other than
to perform its social responsibility function.
(5) The
Commission may use any other of its funds and resources to perform its social
responsibility function.
(6) Where
a salary or other expense is partly used for the social responsibility function
and partly for another function, paragraphs (1) and (4) do not prevent the
Commission paying out of the fund the proportion of that expense that properly
reflects the use for the social responsibility function, as long as that
payment is separately accounted for.
11 Social
responsibility levy
(1) The
Commission may determine that a social responsibility levy is to be paid to the
Commission in relation to a financial year.
(2) Articles 12
and 13 and the following provisions of this Article (other than paragraph (5))
apply in relation to a financial year if the Commission makes a determination
under paragraph (1) in relation to that year.
(3) In
this Article, and in Articles 12 and 13 –
“relevant
activity” means an activity –
(a) that
is related to the provision of a gambling service, and
(b) for
which a relevant permission is required by any enactment;
“relevant
permission” means a licence, permit, approval, certificate, registration
or other permission that –
(a) is
given by the Commission, and
(b) is of
a type determined for the levy by the Commission under paragraph (4)(a);
“relevant
person” means a person who, at any point during the financial year, is
required to hold a relevant permission in connection with a relevant activity.
(4) The
Commission must determine –
(a) the
types of relevant permission for the levy;
(b) the
date by which declarations must be made under paragraph (8), which must
not be sooner than 1 month, nor later than 12 months, after the end
of the financial year;
(c) the
manner in which gross win is to be calculated for the purposes of the levy,
including the principles under which gross win is to be –
(i) identified as
relating to a relevant activity, and
(ii) attributed
to a relevant person in respect of a relevant activity; and
(d) the
rate of the levy, which –
(i) must be a
percentage, to be applied to the gross win for the financial year so as to
produce the amount of the levy,
(ii) may
differ in relation to, or exempt, different types of relevant activity or
relevant permission or different means by which gambling services are provided;
and
(iii) must
not be more than 1 per cent.
(4A) The
Commission may determine a type of relevant permission under paragraph (4)(a)
by reference to a type of gambling, within the meaning of Article 3 of the
Gambling
(Jersey) Law 2012.[4]
(5) The
States may by Regulations substitute a different maximum percentage for that in
paragraph (4)(d)(iii).
(6) The
Commission must publish its determinations under paragraph (4) in such a
way as it considers will be likely to bring them to the attention of relevant
persons.
(7) The
Commission must, in addition, announce the levy by a notice in the Gazette
setting out –
(a) the
date by which declarations must be made by relevant persons;
(b) in
general terms, the types of relevant permission; and
(c) information
as to how relevant persons may find the remaining details of the
Commission’s determinations under paragraph (4).
(8) A
relevant person must, by the date announced under paragraph 7(b), declare
to the Commission –
(a) that
person’s gross win from relevant activities, calculated in the manner determined
under paragraph (4)(c);
(b) any
details required to establish which rates of levy are applicable to that
person’s gross win; and
(c) an
address for service of a notice under paragraph (10), if none has already
been supplied for that purpose in connection with a relevant permission.
(9) The
Commission –
(a) must
determine the gross win, the rate and the levy payable in relation to each
person who makes a declaration;
(b) may
estimate the gross win, the rate and the levy payable in relation to a relevant
person who has not made a declaration; and
(c) may
impose an additional amount of levy, up to the amount estimated under
sub-paragraph (b), on a relevant person who –
(i) throughout the
financial year did not hold the relevant permission, and
(ii) has
not, since the announcement of the levy, made himself or herself known to the
Commission as a relevant person.
(10) The
Commission must serve, on each person in respect of whom a determination or
estimate is made under paragraph (9), notice of the amount of the levy
payable by the person for the financial year, including an indication as to how
further details may be obtained of the calculation of the gross win, rate and
amount.
(11) The
notice must be served –
(a) by
giving it to the person or, if the person is a provider of gambling services
when it is served, to a person employed or otherwise engaged in the provision
of those services by that person;
(b) by
delivering or posting it to an address for service, which is to be taken for
the purposes of Article 7 of the Interpretation
(Jersey) Law 1954 to be the
person’s proper address, being an address that was –
(i) supplied in
connection with the person’s relevant permission, or
(ii) declared
under paragraph (8)(c); or
(c) by
the means appearing to the Commission to be most likely to bring it to the
person’s attention, if –
(i) service under
sub-paragraph (a) is not practicable, and
(ii) no
address for service was supplied or declared as set out in sub-paragraph (b).
(12) A
levy must be paid by a person within 30 days after a notice is served on
the person under paragraph (10).
(13) The
Minister may, by Order, make additional or alternative provision as to service
of notices under this Article.
12 Appeal against
levy
(1) A
person on whom a notice is served under Article 11(10) may appeal to the
Royal Court against the levy imposed by the notice.
(2) A
person may appeal within –
(a) the
time allowed for payment of the levy under Article 11(12); or
(b) such
further period as the Court thinks just and equitable in exceptional
circumstances.
(3) In
determining an appeal the Court is not restricted to a consideration of
questions of law or to any information that was before the Commission.
(4) The
Court may determine an appeal by –
(a) confirming
the amount of the levy appealed against;
(b) declaring
that no levy is payable by the person; or
(c) substituting
for the amount of the levy appealed against any amount that the Commission could
have imposed, whether more or less than the amount specified in the notice.
(5) In
determining an appeal the Court may make any additional orders that it thinks
appropriate, including but not limited to –
(a) ancillary
orders;
(b) orders
as to the date by which an amount of the levy is to be paid; and
(c) orders
as to costs.
(6) If
an appeal is made within the time allowed for payment of the levy under Article 11(12),
the levy is not payable until the appeal is determined or until any later date
ordered under paragraph (5)(b).
13 Enforcement of
levy
(1) If
a levy has not been paid within the time allowed under Article 11(12) or
Article 12(6), the Commission may apply to the Royal Court for an order to
enforce the payment of the levy as a debt due to the Commission.
(2) On
granting an application under paragraph (1), the Royal Court may make an
order for the costs of, or incidental to, the application to be borne by all or
any of the following –
(a) the
person required to pay the levy;
(b) if
the person required to pay the levy is a company or partnership providing
gambling services, any shareholder or officer whose actions led to the
application.
(3) Paragraphs (4)
and (5) apply to a relevant permission if its holder, without reasonable
excuse –
(a) has
contravened Article 11(8); or
(b) has
failed to pay the levy within the time allowed under Article 11(12) or
Article 12(6).
(4) The
Commission may revoke the relevant permission after –
(a) giving
the holder 30 days notice of intention to do so; and
(b) considering
any representations made by the holder.
(5) If
the enactment requiring the relevant permission makes provision for a review of
or appeal against a revocation of that permission, that provision also applies
to a revocation under paragraph (4), subject to any modification
considered necessary by the body or court conducting the review or appeal.
PART 5
Other FINANCial matters
14 Supplementary
payment collected by Commission on behalf of States
(1) The
States may by Regulations require that a person taking a specified action must
accompany that action with a supplementary payment to the Commission of a
specified amount.
(2) The
actions that may be specified are –
(a) the
making of an application to the Commission under any enactment;
(b) the
provision to the Commission of any document required under any enactment;
(c) any
other action taken under an enactment that states that the action is one in
respect of which a supplementary payment may be made payable under this
Article.
(3) Regulations
under paragraph (1) must not come into operation within 5 years from
the commencement of this Law.
(4) Until
the Commission receives any supplementary payment due under paragraph (1)
in relation to an application, document or action, it may treat that
application as not having been made, that document as not having been provided,
or that action as not having been taken.
(5) The
Commission must pay to the Treasurer of the States any amount received by it as
a supplementary payment under paragraph (1).
15 Fees, donations
and borrowing
(1) Without
prejudice to the other means by which the Commission may receive funds to
enable it to perform its functions, the Commission may –
(a) contract
to charge a fee for providing any service, information or other item in
pursuance of any of its functions, if it is not obliged to provide that service
or item gratuitously to the person with whom it contracts;
(b) accept
a grant or donation, whether or not subject to conditions, but only if it
considers that it can satisfactorily maintain its independence, integrity and
reputation; and
(c) borrow,
subject to paragraph (2).
(2) The
Minister may prescribe by Order either or both of –
(a) a
maximum amount up to which the Commission may borrow; and
(b) a
requirement for the Commission to obtain approval before borrowing, in a manner
specified and from a person specified in the Order (whether the Minister or any
other person).
16 Reserve and
investment
The Commission may, in
accordance with any guidelines set by the Minister for Treasury and
Resources –
(a) accumulate
a reserve of such amount as it considers necessary; and
(b) invest
that reserve and any other of its funds and resources that are not immediately
required for the performance of its functions.
17 Exemption from
income tax
The income of the
Commission is not liable to income tax under the Income Tax
(Jersey) Law 1961.
18 Accounts, audit
and reports
(1) The
Commission must –
(a) keep
proper accounts and proper records in relation to the accounts; and
(b) prepare
accounts in respect of each financial year and a report on its operations
during the year.
(2) The
accounts of the Commission must include separate accounts for the social
responsibility fund.
(3) The
Minister must lay a copy of the accounts, audited in accordance with paragraph (4),
and the report prepared by the Commission before the States not later than
7 months after the end of each financial year.[5]
(4) The
accounts of the Commission must –
(a) be
audited by auditors appointed in respect of each financial year by the Comptroller
and Auditor General and qualified for appointment as auditors of a company by
virtue of Article 113 of the Companies
(Jersey) Law 1991; and
(b) be
prepared in accordance with generally accepted accounting principles and show a
true and fair view of the profit or loss of the Commission for the period and
of the state of the Commission’s affairs at the end of the period.[6]
(5) The
Minister may, by Order, make additional provision as to the Commission’s
accounts.
(6) This
Article is without prejudice to any additional accounting
requirements –
(a) imposed
by any enactment; or
(b) agreed
as a condition lawfully attached to any funding accepted by the Commission from
the States.
PART 6
MISCELLANEOUS AND FINAL
19 Amending
Regulations
The States may by
Regulations amend Articles 8, 12 or 13 or Schedule 1.
20 Transitional and
savings provisions
Schedule 2 makes
transitional and savings provisions.
21 General
provisions as to Regulations and Orders
An Order or Regulations
made under this Law may contain any transitional, consequential, incidental or
supplementary provisions that appear to the Minister or the States to be
necessary or expedient for the purposes of the Order or Regulations.
22 Citation
This Law may be cited as
the Gambling Commission (Jersey) Law 2010.
Schedule 1
(Article 2)
Constitution and operation of Commission
1 Appointment
of Commissioners
(1) The
Minister must, by instrument in writing, appoint Commissioners from among
persons nominated by the Chairman.
(2) The
Chairman may nominate a person only if that person –
(a) is
not a member of the States; and
(b) has
applied to be appointed or re-appointed as a Commissioner and has complied with
paragraph (4) in respect of the application.
(3) In
nominating persons, the Chairman must have regard to the desirability of
securing that the Commission includes members who (between them) have
experience in or knowledge of –
(a) provision
or regulation of gambling services, or regulation of other activities that are
regulated in a similar manner;
(b) action
similar to the action to be taken under the social responsibility function;
(c) financial,
legal or other aspects of management of bodies similar to the Commission; and
(d) social
conditions in Jersey.
(4) An
applicant must provide with his or her application –
(a) a
statement setting out the business dealings and assets of –
(i) the applicant,
(ii) any
business partner of the applicant,
(iii) any
spouse of the applicant or any person in a marriage-like relationship with the
applicant (whether or not both persons are of different sexes), and
(iv) any child
of the applicant or any person who has been adopted by the applicant; and
(b) an
instrument authorizing the provision to the Minister of information as to
whether the person has been charged with, or convicted of, an
offence –
(i) under customary
law or under any enactment, or
(ii) against
any law of a country or territory outside Jersey.
(5) The
Minister must, in the instrument appointing a Commissioner, specify a period
for that appointment of not less than 3 years (subject to
paragraph 4) and not more than 5 years.
(6) A
person appointed as a Commissioner holds and vacates office in accordance with
the terms of his or her appointment, subject to this Law.
(7) The
functions, powers, rights and obligations of the Commission are not affected by
any vacancy in its membership.
2 Appointment
of Chairman and Deputy Chairman
(1) The
Minister must appoint the Chairman of the Commission from among the
Commissioners.
(2) The
Minister –
(a) must
not appoint a Commissioner who is an employee of the Commission; and
(b) may appoint
a serving Chairman for re-appointment.
(3) Article 2
of the States of Jersey
(Appointment Procedures) (Jersey) Law 2018 shall apply to the
appointment of the Chairman of the Commission.
(4) When
appointing a Chairman the Minister must determine the period of the
appointment, expiring before or on the same date as the person’s
appointment as a Commissioner.
(5) A
person appointed as a Chairman holds and vacates office in accordance with the
terms of his or her appointment, subject to this Law.
(6) The
Chairman must appoint a Commissioner as Deputy Chairman, and that person is to
be treated as the Chairman for the purposes of this Law when –
(a) the
Chairman is unable to act through incapacity or absence; or
(b) there
is a vacancy in the office of Chairman. [7]
3 Remuneration
and expenses of Commissioners
(1) The
Commission must pay to the Commissioners –
(a) such
remuneration as it may determine, subject to any maximum directed by the
Minister; and
(b) reasonable
out of pocket expenses occasioned in the course of carrying out their duties.
(2) Any
maximum remuneration directed by the Minister after the appointment of a
Commissioner or the Chairman does not operate to reduce the remuneration
determined by the Commission on the appointment of that Commissioner or
Chairman, but does limit any subsequent increase.
(3) If
a Commissioner is an employee of the Commission, that person must be
remunerated as an employee and paragraph (1) does not apply.
4 Cessation
of office as Commissioner
(1) A
person ceases to be a Commissioner if –
(a) he or
she resigns from office by giving not less than one month’s notice in
writing to the Minister;
(b) the
Minister terminates his or her appointment under paragraph (2); or
(c) his
or her appointment expires under paragraph (3).
(2) The
Minister may terminate the appointment of a Commissioner, other than the
Chairman, after –
(a) consulting
the Chairman; and
(b) satisfying
himself or herself that the Commissioner –
(i) has been absent
from meetings of the Commission for a period longer than 2 consecutive months
without the permission of the Commission,
(ii) has
become bankrupt,
(iii) is
incapacitated by physical or mental illness, or
(iv) is otherwise
unable or unfit to discharge the functions of a Commissioner.
(3) A
person’s appointment as Commissioner expires if –
(a) the
period for which the person was appointed expires without re-appointment;
(b) the
person becomes a member of the States;
(c) the
person ceases to be an employee of the Commission, if he or she was an employee
of the Commission when appointed as a Commissioner;
(d) the
person’s appointment as Chairman is terminated under paragraph 5(2);
or
(e) the
person completes 10 years (whether consecutive or in aggregate) of service
as a Commissioner, unless he or she is an employee of the Commission.
(4) An
employee of the Commission who is a Commissioner does not cease to be such an
employee merely by virtue of ceasing to be a Commissioner.
5 Cessation
of office as Chairman
(1) A
person ceases to be the Chairman if –
(a) he or
she resigns from office as Chairman by giving not less than one month’s
notice in writing to the Minister;
(b) his
or her appointment as Chairman is terminated under paragraph (2); or
(c) his
or her appointment as Chairman expires under paragraph (5).
(2) The
appointment of a person as Chairman may be terminated by the Minister.
(3) Article 3
of the States of Jersey
(Appointment Procedures) (Jersey) Law 2018 shall apply to the
termination of the appointment of the Chairman.
(4) The
Minister may only terminate the appointment of a Chairman if the Minister is
satisfied that the Chairman –
(a) has been
absent from meetings of the Commission for a period longer than 6 consecutive
months without the permission of the Commission;
(b) has
become bankrupt;
(c) is
incapacitated by physical or mental illness; or
(d) is
otherwise unable or unfit to discharge the functions of the Chairman.
(5) A
person’s appointment as Chairman expires if –
(a) the
period for which he or she was appointed expires without re-appointment; or
(b) the
person ceases to be a Commissioner.[8]
6 Procedure
at meetings
(1) Except
as otherwise provided in this Law, the Commission may determine its own
proceedings.
(2) The
quorum for the Commission is a majority of the Commissioners.
(3) At
a meeting of the Commission –
(a) the
Chairman is to preside as chairman of the meeting, but if he or she is not
present the Commissioners present must elect one of their number to preside;
(b) each
Commissioner has one vote on each matter for deliberation; and
(c) if a
vote is tied, it is to be taken to have been lost.
(4) A
resolution is a valid resolution of the Commission, even though it was not
passed at a meeting of the Commission, if –
(a) it is
signed or assented to by a majority of Commissioners; and
(b) proper
notice of the proposed resolution was given to all Commissioners.
(5) The
Commission must keep proper minutes of its proceedings, including minutes of
any business transacted in accordance with paragraph (4).
7 Disclosure
of interest and criminal charges
(1) If
a Commissioner has any direct or indirect personal interest in the outcome of
the deliberations of the Commission in relation to any matter –
(a) the
Commissioner must disclose the nature of the interest at a meeting of the
Commission in person or by means of a written notice brought to the attention
of the Commission;
(b) the
disclosure must be recorded in the minutes of the Commission; and
(c) the
Commissioner must withdraw from any deliberations of the Commission in relation
to that matter and must not vote upon it.
(2) A
Commissioner may disclose the nature of an interest for the purpose of
sub-paragraph (1)(a) by giving a general notice that he or she should be
regarded as interested in any matter concerning a particular organization,
partnership or body corporate, the members or directors of which
include –
(a) that
Commissioner; or
(b) a
person through whom that Commissioner has an indirect interest.
(3) In
paragraphs (1) and (2) the references to an indirect interest include an
interest through a person mentioned in paragraph 1(4)(a).
(4) A
Commissioner must notify the Minister as soon as practicable after being
charged or convicted of an offence –
(a) under
customary law or under any enactment; or
(b) against
any law of a country or territory outside Jersey.
8 Appointment
and remuneration of employees and agents of Commission
(1) Without
prejudice to the generality of Article 3, the Commission may employ the
employees that it considers necessary or expedient for carrying out its
functions.
(2) The
Commission may not enter into or offer to enter into a contract of employment
with a person who was a Commissioner immediately before that contract is
entered into or offered.
(3) In
respect of its employees the Commission may, as it thinks fit –
(a) determine
terms as to remuneration, expenses, pensions and other conditions of service;
and
(b) establish
and maintain schemes, or make any other arrangements, for the payment of
pensions and other benefits.
(4) In
relation to a matter referred to in paragraph (3), a Commissioner who is
an employee of the Commission –
(a) must
not vote; and
(b) is to
be disregarded for the purpose of calculating the quorum for the Commission.
(5) The
Commission may –
(a) appoint
the agents that it considers necessary or expedient for carrying out its
functions; and
(b) determine
the terms that it thinks fit as to the remuneration and expenses of those
agents.
9 Committees
and delegation
(1) The
Commission may authorize the transaction of its business by committees,
established by the Commission, that consist of Commissioners alone or together
with employees or agents of the Commission.
(2) The
Commission may delegate any of its functions under this or any other enactment
wholly or partly to –
(a) the
Chairman;
(b) one
or more Commissioners;
(c) an
employee of the Commission; or
(d) a
committee authorized under paragraph (1).
(3) Nothing
in this paragraph authorizes the Commission to delegate this power of
delegation.
(4) The
delegation of a function under this paragraph –
(a) does
not prevent the performance of that function by the Commission itself; and
(b) may
be amended or revoked by the Commission.
10 Seal
(1) As
a body corporate, the Commission may have and use a common seal.
(2) The
application of the seal is to be authenticated by the signature of a person
authorized (generally or specifically) by the Commission for the purpose.
(3) If
a document purports to be duly executed under the seal, that document is to
be –
(a) received
in evidence; and
(b) taken
to be duly executed, unless the contrary is proved.
11 Limitation
of liability
(1) Except
as any enactment or contract provides to the contrary, neither the Minister nor
the States are liable for any act or omission, or debt or other obligation, of
the Commission.
(2) A
protected person is not liable in damages to a regulated person for any act in
the exercise or purported exercise of any relevant function in respect of that
regulated person.
(3) Paragraph (2)
does not apply –
(a) if it
is shown that the act was 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.
(4) In
paragraph (2) –
(a) a
relevant function is a power, duty or other function exercised or performed
under this Law or under any other enactment relating to gambling;
(b) a
protected person is –
(i) the Commission,
(ii) a
Commissioner,
(iii) the
States,
(iv) a
Minister,
(v) a person who exercises
the relevant function as an employee, agent or delegate of another person who
is a protected person, or
(vi) any
other person exercising a relevant function, if any enactment provides that
this paragraph is to apply to that person when exercising that function; and
(c) a
regulated person is –
(i) an applicant for
or holder of any licence, permit, approval, certificate, registration or other
permission granted under a relevant function, or
(ii) a
person in respect of whom the Commission conducts any investigation as to that
person’s compliance with any requirement of or under any enactment
relating to gambling.
Schedule 2
(Article 20)
Transitional and savings provisions
1 Shadow
Commission taken to be appointed as Commission
(1) A
person who was, immediately before this paragraph comes into force, a Shadow
Commissioner appointed by a decision of the Minister dated
14 December 2006 is to be taken to have been, on the day this
paragraph comes into force, appointed to be a Commissioner under
paragraph 1 of Schedule 1.
(2) A
person who was, immediately before this paragraph comes into force, the Shadow
Chairman appointed by a decision of the Minister dated
14 December 2006, is to be taken to have been, on the day this
paragraph comes into force, appointed to be a Commissioner, and the Chairman,
under paragraphs 1 and 2 of Schedule 1 respectively.
(3) Subject
to paragraphs 4 and 5 of Schedule 1, a person taken to be appointed a
Commissioner or the Chairman under sub-paragraph (1) or (2) is to be
taken to have been appointed to that office for a period ending 5 years
after the day this paragraph comes into force.
2 Transfer
to Commission of certain staff
(1) In
this paragraph –
“applicable
person” means any person who was, immediately before the coming into
force of this paragraph, employed by the States Employment Board for purposes
which include –
(a) providing
administrative support to the Shadow Commission, or
(b) enforcing
the Gambling (Jersey) Law 1964;
“employment transfer
date” means the thirtieth day after the day on which this paragraph comes
into force; and
“relevant collective
agreement” means a collective agreement made –
(a) before
the employment transfer date,
(b) by or
on behalf of the States,
(c) with
a representative body, including a trade union, recognized by or on behalf of
the States,
(d) in
respect of any applicable person.
(2) This
paragraph does not apply to or in relation to any applicable person who has, at
any time before the employment transfer date, given notice in writing to the
States Employment Board that he or she refuses to be employed by the
Commission.
(3) On
the employment transfer date an applicable person becomes an employee of the
Commission, and the person’s contract of employment has effect after the
employment transfer date as if originally made between him or her and the
Commission.
(4) Without
prejudice to the generality of sub-paragraph (3) –
(a) all
the rights, powers, duties and liabilities of the States Employment Board or
the States under or in connection with the contract, are transferred to the
Commission on the employment transfer date; and
(b) any
act before the employment transfer date, of or in relation to the States
Employment Board or the States in respect of that contract or the applicable
person, is to be treated as having been done by or in relation to the
Commission.
(5) After
the employment transfer date any relevant collective agreement has effect, in
its application in relation to the applicable person, as if originally made by
or on behalf of the Commission with the representative body.
(6) Accordingly
after the employment transfer date any act is to be treated as if done by or in
relation to the Commission if that act was done –
(a) under
or in connection with the relevant collective agreement, in its application in
relation to the applicable person;
(b) by or
in relation to the States Employment Board; and
(c) before
the employment transfer date.
(7) If
an applicable person was, immediately before the employment transfer date, a
member of any scheme made under the Public Employees
(Retirement) (Jersey) Law 1967 –
(a) he or
she continues after the employment transfer date to be a member of the scheme
on the same terms; and
(b) despite
any provision to the contrary in that Law or any other enactment, on the
employment transfer date the Commission becomes his or her employer for the
purposes of that scheme, in place of the States Employment Board.
(8) This
paragraph does not transfer or otherwise affect the liability of any person to
be prosecuted for, convicted of or sentenced for any offence.
3 Transfer
to Commission of functions of Gambling Licensing Authority and certain other
functions
(1) The
Gambling Licensing Authority, established by the Gambling (Licensing
Provisions) (Jersey) Regulations 1965, is abolished and its functions
under those Regulations are transferred to the Commission.
(2) The
functions of the Judicial Greffier and the Treasurer of the States under the Gambling
(Licensing Provisions) (Jersey) Regulations 1965 are transferred to the
Commission.
(3) The
functions of the Minister under Regulations or Orders made under the Gambling
(Jersey) Law 1965 are transferred to the Commission, other
than –
(a) functions
under the Gambling
(Channel Islands Lottery) (Jersey) Regulations 1975 and the Gambling
(Channel Islands Lottery) (Jersey) Order 1997; and
(b) any
power to make an Order.
4 General
consequences of transfer of functions
(1) In
this paragraph, and in paragraphs 5 and 6, unless the context otherwise
requires –
“former
authority” means the Minister, the Judicial Greffier, the Treasurer of
the States or the Gambling Licensing Authority;
“transferred
function” means a function of any of the former authorities transferred
to the Commission by paragraph 3.
(2) All
rights, liabilities and obligations of the former authorities arising out of a
transferred function become the rights, liabilities and obligations of the
Commission.
(3) Any
agreement entered into by or on behalf of, or undertaking given to or to any
person on behalf of, a former authority in connection with a transferred
function has effect as if the Commission were the original party to it.
(4) In
an agreement or undertaking referred to in sub-paragraph (3) any reference
to a former authority is to be construed as a reference to the Commission.
(5) In
any other document any reference to the Gambling Licensing Authority is to be
read as a reference to the Commission.
(6) Nothing
done by a former authority under or in consequence of a transferred function is
invalidated by the coming into force of this Law.
(7) Anything
commenced by a former authority under or in consequence of a transferred
function may be carried on and completed by the Commission.
(8) This
Article operates in relation to rights, liabilities and
obligations –
(a) whether
or not they would otherwise be capable of being transferred by the former authority;
and
(b) without
any instrument or other formality being required.
5 Saving
of licenses, permits etc. issued under transferred functions
(1) Any
act falling within sub-paragraph (2) done by or on behalf of a former
authority under a transferred function is to be taken to have been done by or
on behalf of the Commission on the date when it was in fact done.
(2) An
act falls within this sub-paragraph if it is –
(a) the
grant, issue, making or giving of a licence, permit, approval, certificate,
registration or other permission;
(b) the
imposition of a condition, restriction or requirement;
(c) the
refusal of an application; or
(d) the
granting of an application subject to conditions.
(3) Any
application made to a former authority in respect of a transferred function
which has not been finally determined or withdrawn is to be taken to have been
made to the Commission on the date when it was in fact made.
(4) Any
legal proceedings instituted by or against a former authority in relation to a
transferred function continue as if the Commission were instead a party to
those proceedings.
6 Savings
related to information
(1) Any
information given or statement made to a former authority and every document
deposited with a former authority under a transferred function –
(a) must,
on the transfer of that function, be passed by the former authority to the
Commission;
(b) is to
be treated as given or made to or deposited with the Commission on the date
when it was in fact given or made to or deposited with the former authority;
and
(c) is
held by the Commission on the same terms as it was held by the former
authority.
(2) Any
book, list, file or register required to be established and maintained, and any
other record or document required to be kept by a former authority under a
transferred function –
(a) must,
on the transfer of that function, be delivered to the Commission; and
(b) is to
be taken to have been established, maintained or kept by the Commission.
(3) Despite
sub-paragraph (2), if the Commission is satisfied that the Minister has
good cause to have access to any record or document delivered to the Commission
by the Minister under that sub-paragraph, it must grant access to the Minister.