Non-Profit Organizations
(Jersey) Order 2008
part 1
Interpretation
1 Interpretation
In this
Order “the Law” means the Non-Profit
Organizations (Jersey) Law 2008.
Part 2
Prescribed NPOs
2 Prescribed
NPOs
For the purposes of
Articles 10(1), 12(1) and 13(1)(c) of the Law, an NPO –
(a) is
a prescribed NPO if its name appears in Schedule 1;
(b) is
an NPO that belongs to a prescribed class of NPOs if it belongs to a class of
NPOs specified in Schedule 2.
3 Application
This Part applies to an
NPO that is a prescribed NPO or an NPO that belongs to a prescribed class of
NPOs as determined in accordance with Article 2.
4 Prescribed
information to be provided to Commission on request
The information that an
NPO to which this Part applies may be required by the Commission to provide
under Article 12(1) of the Law is the contact details of each person who
has responsibility for running the NPO.
5 Prescribed
information to be provided to the public on request
(1) Except
as provided by paragraph (2), the information that an NPO to which this
Part applies must provide under Article 13(1)(c) of the Law, when
requested to provide details or information about itself by a person under
Article 13 of the Law, is the contact details of each person who has
responsibility for running the NPO.
(2) The
Commission may, upon being requested to do so by an NPO, relieve the NPO from
supplying in respect of a person all or any part of the contact details
mentioned in paragraph (1) if the Commission is satisfied that the release
of the information or that part of it would be likely to place the person at
risk of harassment or intimidation.
6 Interpretation
(1) For
the purpose of Articles 4 and 5(1), a person has responsibility for
running an NPO if –
(a) the
person holds any office in the NPO;
(b) the
NPO customarily acts in accordance with the instructions of the person; or
(c) the
person is otherwise engaged in the administration of the NPO.
(2) In
Articles 4 and 5(1), contact details in respect of a person, means the
person’s –
(a) full
name;
(b) position
held in the NPO;
(c) contact
address;
(d) contact
telephone number;
(e) email
address (if any).
part 3
regulated npos
7 Prescribed
services[1]
A service is a prescribed service for the
purposes of Article 2(2) of the Law if it is a service provided
by –
(a) a person acting as or
fulfilling the function of –
(i) a
director of a company,
(ii) a
trustee of an express trust, or
(iii) a
member of the council of a foundation,
where the person is registered under the Financial Services (Jersey)
Law 1998 to provide the service;
(b) a person (the first
person) arranging for another person who is an officer or employee of the first
person (the second person) to act as or fulfil the function of –
(i) a
director of a company,
(ii) a
trustee of an express trust,
(iii) a
member of the council of a foundation,
where the first person is registered under the Financial Services (Jersey)
Law 1998 to provide the service, and the second person acts or fulfils the
function of director, trustee, or council member by virtue of his or her office
in, or employment by, the first person; or
(c) a person acting as a
trustee of a trust –
(i) that
is a private trust company business, and
(ii) that
benefits from the concession that is set out in paragraph 4 of the
Schedule to the Financial Services (Trust
Company Business (Exemptions)) (Jersey) Order 2000.
part 4
citation
8 Citation
This Order may be cited
as the Non-Profit Organizations (Jersey) Order 2008.