Non-Profit
Organizations (Jersey) Law 2008
A LAW to provide for the registration
and monitoring of non-profit organizations.
Commencement [see endnotes]
part 1
Interpretation
1 Non-profit organization
defined
(1) An
organization, legal person or arrangement is a non-profit organization for the
purposes of this Law if –
(a) it is established solely or primarily for
charitable, religious, cultural, educational, social, or fraternal purposes
with the intention of benefiting the public or a section of the public; and
(b) it raises or disburses funds in pursuance of
those purposes.[1]
(2) In
paragraph (1) “organization” includes the trustees of a trust.[2]
(3) The
States may amend this Article by Regulations.
2 Exemptions
(1) [3]
(2) [4]
(3) The
States may amend this Article by Regulations.
3 General
interpretations and application
(1) In
this Law, unless the context otherwise requires –
“Commission”
means the Jersey Financial Services Commission established by the Financial
Services Commission (Jersey) Law 1998;
“disbursed”,
in respect of the funds of an NPO, does not include the disbursement of funds paid
to the NPO by persons to become or remain members of the NPO if those funds are
applied in a way that only benefits members of the NPO;
“documents”
includes information recorded in any form and, in relation to information
recorded otherwise than in legible form, references to its provision or
production include references to providing or producing a copy of the information
in legible form;
“financial records”,
in respect of an NPO, means records of its transactions, both within and
outwith Jersey, that are sufficient to show that its funds have been utilized
in a manner consistent with its purpose, objectives and activities as shown in
the register;
“financial statement”,
in respect of an NPO for a particular period, means a statement –
(a) that
contains a breakdown of the NPO’s income and expenditure (in each case,
with such explanation as may be reasonably necessary) during the period; and
(b) that
sets out the state of its funds at the end of the period;
“funds”
means –
(a) assets
of every kind, whether tangible or intangible, movable or immovable, however
acquired; and
(b) legal
documents or instruments in any form, including electronic or digital,
evidencing title to, or interest in, such assets, including, but not limited
to, bank credits, travellers cheques, bank cheques, money orders, shares,
securities, bonds, drafts and letters of credit;
“Minister”
means the Minister for External Relations;
“NPO” means a non-profit
organization as defined by Article 1;
“organization”
has the meaning given to that expression by Article 1(2);
“prescribed”
means prescribed by Order made by the Minister;
“published”,
in respect of any matter, means published by the Commission in a manner that is
likely to bring the matter to the attention of those affected and
“publish” shall be interpreted accordingly;
“raised”, in
respect of the funds of an NPO, includes funds given to the NPO but does not
include –
(a) income
earned on the funds of the NPO; or
(b) amounts
paid to the NPO by persons to become or remain members of the NPO;
“register”, as
a noun, means the register kept by the Commission for the purposes of this Law;
“registered”
means registered under this Law;
“regulated
NPO” means an NPO to which Article 2(2) applies;
“terrorism”
shall be construed in accordance with Article 2 of the Terrorism Law;
“Terrorism
Law” means the Terrorism
(Jersey) Law 2002.[5]
(2) Where,
because of the nature, relationship or structure of a group of NPOs or proposed
NPOs, the Commission considers it appropriate to do so, it may, for all or any
of the provisions of this Law, treat as one NPO or as one proposed NPO, as the
case may be, the NPOs or proposed NPOs that make up the group although they may
also be separate NPOs or proposed NPOs for the purpose of this Law.
(3) Where,
for the purposes of this Law –
(a) an
NPO is constituted by persons acting as trustees of a trust; and
(b) the
trust has, as its governing law, Jersey law,
the NPO shall not, solely
by virtue of that fact, be taken to be established in Jersey unless it has at least
one trustee who is ordinarily resident in Jersey.
(4) The
States may amend this Article by Regulations.
part 2
obligations of an NPO
4 Obligation
of NPOs to register
Except as provided by Article 2,
an NPO must be registered if –
(a) it
is established in Jersey; or
(b) it
is administered in or from Jersey,
whether or not it carries
on any activity in Jersey.
5 Application
for registration
(1) An
application to register an NPO or a proposed NPO may be made by sending to the
Commission a completed application form in respect of the NPO or proposed NPO.
(2) The
application form –
(a) must
be in the form published by the Commission from time to time; and
(b) must
be signed by a person acting on behalf of the NPO and dated.[6]
(3) Where –
(a) Article 3(2)
applies; and
(b) one
application form is sent to the Commission under paragraph (1) covering a
number of NPOs or proposed NPOs,
the form shall not be
considered by the Commission to be complete unless the form specifies each of
the NPOs or proposed NPOs to which it applies.
(4) Where –
(a) Article 3(2)
applies; and
(b) more
than one application form is sent to the Commission under paragraph (1)
covering a number of NPOs or proposed NPOs that have some details in common,
the forms shall be
considered by the Commission to be complete although the details that the NPOs
or proposed NPOs have in common are not repeated on each form.
(5) If
an application form is permitted under the Electronic
Communications (Jersey) Law 2000 to be sent to the Commission under paragraph (1)
by way of electronic communication, any application form so sent is not
required to be signed.
6 Registration
The Commission must,
following the receipt of a completed application form in respect of an NPO or a
proposed NPO, take one of the following actions –
(a) register
the NPO or proposed NPO by entering its name in the register and by giving it a
registration number or reference;
(b) refuse
the application under Article 8;
(c) require
additional information or documents under Article 7 and, following receipt
of the information or documents, take the action mentioned in sub-paragraph (a)
or (b).
7 Obligation
of NPOs to provide further information and documents
(1) The
Commission may require an applicant for the registration of an NPO or a
proposed NPO to supply additional information or documents in respect of the
NPO.
(2) However,
the Commission must not do so unless it is necessary and reasonable for it to
do so to enable it to assess the extent (if any) to which the NPO or proposed
NPO is assisting or being used to assist terrorism or the financing of
terrorism or is likely to assist or be used to assist terrorism or the
financing of terrorism, as the case may be.[7]
8 Refusal
of application
(1) The
Commission may refuse an application to register an NPO or a proposed NPO if
the Commission is of the opinion that –
(a) the
NPO or proposed NPO is assisting or being used to assist terrorism or the
financing of terrorism or is likely to assist or be used to assist terrorism or
the financing of terrorism, as the case may be; or
(b) the
organization specified in the application form is not or will not be an NPO.[8]
(2) If
the Commission does refuse to accept an application, it must send notice of the
refusal to the applicant.
(3) The
notice must –
(a) give
the reason for the refusal; and
(b) set
out the applicant’s rights under paragraphs (4) and (6).
(4) The
applicant may, within 28 days of receiving the notice, request, in writing,
that the Commission reconsider its refusal of the application.
(5) The
Commission shall, within the period of 56 days following receipt of a
request under paragraph (4), reconsider its decision and shall
either –
(a) confirm
the refusal, and send notice of the confirmation to the applicant, giving the
reasons for the confirmation of the original decision; or
(b) register
the applicant.
(6) A
person aggrieved by the Commission’s refusal of an application may,
whether or not the person has requested the Commission to reconsider the
refusal, appeal to the Royal Court.
(7) The
appeal may be made on the grounds that the refusal was unreasonable having
regard to all the circumstances of the case.
(8) On
the appeal the Court may –
(a) confirm
the decision of the Commission to refuse the application; or
(b) order
the Commission to accept the application and to register the NPO or proposed
NPO.
(9) On
the appeal, the Court may further order that all or any of the costs of the
appeal shall be paid out of public funds.
(10) The
Commission must not refuse an application under paragraph (1)(a) if to do
so would be contrary to Article 35(4) of the Terrorism Law (tipping off).
9 Obligation
of NPOs to give notice of change of registered information
(1) This
Article applies if there is a change in –
(a) the
information provided to the Commission in respect of a registered NPO prior to
its registration; or
(b) that
information as subsequently amended under this Article.
(2) The
NPO must give the Commission written notice of the change.
(3) The
notice –
(a) must
be given within 3 months of the change; and
(b) may
be given by utilizing the whole or any part of the application form described
in Article 5.[9]
(4) For
the purpose of this Article, a difference between an estimate of the funds to
be raised or disbursed by an NPO in a financial year and the actual funds
raised or disbursed by the NPO in the financial year is not, of itself, a
change that must be reported under this Article.
(5) However,
any change in the estimate of the funds to be raised or disbursed by the NPO in
any subsequent financial year must be reported under this Article.
10 [10]
11 Obligations
of NPOs in relation to financial records and other information[11](1) An
NPO must –
(a) keep
financial records; and
(b) retain
them for at least 5 years.
(2) An
NPO must make its financial records and any other information available to the
Commission if required to do so to enable the Commission to carry out its
obligations under this Law.[12]
(3) However,
the Commission must not require it to do so unless it is necessary and
reasonable for it to do so to enable it to assess the extent (if any) to which the
NPO is assisting or being used to assist terrorism or the financing of
terrorism or is likely to assist or be used to assist terrorism or the
financing of terrorism.[13]
(4) The
Minister may by Order, exempt an NPO or any class of NPOs from the obligations
imposed on an NPO by paragraph (1).
(5) The
requirements mentioned in paragraph (1) also apply to regulated NPOs.
12 [14]
13 Obligation
of NPOs to provide certain information
(1) An
NPO must, upon being requested to do so, provide a person with –
(a) details
of its purpose, objectives and intended activities;
(b) details
of its structure (for example, whether it is an unincorporated body of persons,
a trust, or an incorporated body and, if so, what type of incorporated body);
and
(c) [15]
(2) An
NPO must not charge for the provision of information under this Article.
(3) The
States may amend paragraph (1) by Regulations.
13A Obligations on
prescribed NPOs[16]
(1) The
Minister may by Order –
(a) impose
obligations on a prescribed NPO or an NPO that belongs
to a prescribed class of NPOs; and
(b) make
any consequential amendments to this Law that the Minister considers
appropriate.
(2) The
Minister may not impose an obligation under paragraph (1)(a) unless –
(a) the
obligation relates to a measure recommended by the international body known as
the Financial Action Task Force in the interpretive note to Recommendation 8
of its Recommendations adopted on 16th February 2012 as amended or replaced from
time to time; and
(b) the
Minister considers the obligation appropriate to reduce the risk of a
prescribed NPO or an NPO that belongs to a prescribed class of NPOs being used
to assist terrorism or the financing of terrorism or becoming likely to assist
or be used to assist terrorism or the financing of terrorism.
(3) The
States may by Regulations make any amendments to paragraph (2)(a) that they
consider appropriate in consequence of the Recommendations mentioned in that
paragraph being amended or replaced.
part 3
functions of the Commission
14 Commission to keep register
and to provide certain information
(1) The
Commission must keep a register for the purposes of this Law that
contains –
(a) the
name of each registered NPO;
(b) the
contact information for each registered NPO; and
(c) the
purpose, objectives and activities of each registered NPO.
(2) The
Commission must, upon being requested to do so, inform a person if a name
specified by the person appears in the register as the name of an NPO.
(3) If
it does, the Commission must give the person –
(a) the
registration number or reference of the NPO; and
(b) details
of how it may be contacted.
(4) The
Commission must not charge for the provision of information under this Article.
15 Registration
obligations of the Commission
(1) This
Article applies where the Commission becomes aware that an organization that
the Commission believes to be an NPO that is required to register under this
Law is not registered.
(2) The
Commission must make reasonable efforts to ensure that the organization
receives a written notice setting out –
(a) the
provisions of this Law that may require it to register; and
(b) the
action the Commission is required to take under this Article.
(3) If –
(a) the
Commission has given an organization notice under paragraph (2);
(b) after
giving the organization at least 1 month in which to respond, the organization
does not register; and
(c) the
Commission continues to believe that the organization is an NPO that is
required to register,
the Commission must take
the action mentioned in paragraph (4).
(4) The
Commission must –
(a) inform
the Attorney General of its belief that the organization is an NPO that is
required to register; and
(b) provide
the Attorney General with any evidence it has to support that belief.
(5) This
Article is without prejudice to Article 17.
16 Continuing
registration obligations of the Commission
(1) This
Article applies where the Commission believes that a registered NPO has failed
to comply with Article 9.
(2) The
Commission must give the NPO a written notice setting out –
(a) the
provisions of Articles 9 and 27(1); and
(b) the
action the Commission is required to take under this Article.
(3) If –
(a) the
Commission has given an NPO notice under paragraph (2) on at least
2 occasions (the second being at least 2 months after the first);
(b) after
giving the NPO at least 3 months in which to respond the NPO has not
provided information under Article 9; and
(c) the
Commission continues to believe that the NPO has failed to comply with Article 9,
the Commission must take
the action mentioned in paragraph (4).
(4) The
Commission must –
(a) inform
the Attorney General of its belief that the NPO has failed to comply with
Article 9; and
(b) provide
the Attorney General with any evidence it has to support that belief.
(5) [17]
(6) This
Article is without prejudice to Article 17.
17 Obligation
of the Commission in respect of terrorism
(1) It
is an obligation of the Commission to help to determine if an NPO is assisting
or being used to assist terrorism or the financing of terrorism.[18]
(2) Accordingly,
the Commission –
(a) must
as soon as practicable after it receives an application for the registration of
an NPO or a proposed NPO consider if it raises any suspicion that the NPO or
proposed NPO is assisting or being used to assist terrorism or the financing of
terrorism or is likely to assist or be used to assist terrorism or the
financing of terrorism, as the case may be;
(b) must
as soon as practicable after it receives a financial statement from an NPO,
consider if it raises any suspicion that the NPO is assisting or being used to
assist terrorism or the financing of terrorism; and
(c) may
otherwise monitor the activities of each NPO.[19]
(3) If
the Commission considers that an NPO is assisting or being used to assist
terrorism or the financing of terrorism, it must immediately inform the
Attorney General, giving the Attorney General any evidence that the Commission
has for its suspicions.[20]
18 Financial
records held by the Commission
(1) This
Article applies where –
(a) a
person, acting on behalf of the Commission, has required an NPO to make its
financial records available to the Commission under Article 11(2); and
(b) the
NPO has complied with the requirement.
(2) The
person who required the records may –
(a) take copies of them or extracts from them;
and
(b) request the person who provided them on
behalf of the NPO or any other person who appears to be in possession of
relevant information, to provide an explanation of them.
(3) If
original records have been provided –
(a) they may be retained
for a year;
but
(b) if within that year proceedings to which the
records are relevant are commenced against any person, they
may be retained
until the conclusion of the proceedings.
(4) If
records are retained under paragraph (3), the Commission must, upon being
requested to do so, provide a copy of them or any part of them to any person
the Commission is satisfied is lawfully entitled to the records.
(5) The
Commission need not do so unless it is satisfied that the copy is reasonably required
for a lawful purpose.
(6) Any
copy supplied by the Commission shall be supplied free of charge.
19 Supply
of information by the Commission
(1) This
Article applies to information –
(a) that
is not already available to the public; and
(b) that
has come into the Commission’s possession as a result of the Commission
carrying out its obligations under this Law.
(2) The
Commission may supply information to which this Article applies to –
(a) the
Minister;
(b) the
Attorney General;
(ba) the Jersey
Charity Commissioner established by Article 3 of the Charities (Jersey) Law 2014;
(bb) the Jersey
Gambling Commission established by Article 2 of the Gambling Commission (Jersey) Law 2010;
(bc) bodies that –
(i) exercise
functions of a public nature in Jersey, and
(ii) are
concerned in the prevention, investigation, detection or prosecution of money
laundering or the financing of terrorism;
(c) bodies
that outside Jersey exercise functions that are similar to the functions that
the Commission may exercise under this Law.[21]
(3) The
Commission may, in particular do so, if it is satisfied that the information is
required –
(a) to
investigate a suspected offence in or outwith Jersey;
(b) to
institute criminal proceedings in or outwith Jersey; or
(c) in
respect of any proceeding arising under this Law.
(4) However,
the Commission must not supply information to a body mentioned in paragraph (2)(c)
unless the Commission is satisfied that the information is to be used by the
body solely in the exercise of its functions that are similar to the functions
the Commission may exercise under this Law.
(5) The
Commission may also supply information to which this Article applies to a
person acting on behalf of an international body, if –
(a) the
functions of the body include the assessment of compliance by Jersey with
international standards; and
(b) the
supply of the information is to enable the body to discharge those functions.
(6) Nothing
in this Article is to be taken as preventing the Commission from publishing
information in the form of a summary or collection of information so framed
that information in respect of any particular person cannot be obtained from
it.
(7) The
States may amend this Article by Regulations.
20 Documents kept by the Commission
A document delivered to
the Commission under this Law may be kept by the Commission in any form that is
capable of being reproduced in a legible form.
21 Commission
may destroy certain documents
(1) The
Commission may destroy a document delivered to it under this Law that the
Commission is not required to return if the Commission has recorded and kept
the information in it in accordance with Article 20.
(2) The
Commission may also destroy such a document if it relates solely
to –
(a) an
NPO that has ceased to be registered for at least 10 years; or
(b) an
organization that has ceased to be an NPO for at least 10 years.
22 Commission
may change the registration or reference number of an NPO
(1) The
Commission may, for good cause, change the registration or reference number of
a registered NPO.
(2) If
it does so, the Commission must, as soon as reasonably practical, give the NPO
written notice of the change.
part 4
Offences
23 Prosecutions
under this Law
No prosecution of an
offence under this Law may be instituted except by, or with the consent of, the
Attorney General.
24 Failure
of NPOs to register
An NPO that is required
by this Law to be registered is guilty of an offence and is liable to a fine of
level 3 on the standard scale if, without reasonable excuse, it is not
registered.[22]
25 Passing
off
(1) An
organization that is not a registered NPO is guilty of an offence and is liable
to a fine of level 3 on the standard scale if it holds itself out as being a
registered NPO.[23]
(2) It
is a defence for the organization to show that it did not know and could not
reasonably have known that it was not a registered NPO.
26 Supply
of false information
(1) This
Article applies where an NPO or a person supplies information or documents
under –
(a) Article 5
(application for registration);
(b) Article 7
(supply of further information and documents)
(c) Article 9
(change of registered information); or
(d) a requirement of an Order made under Article 13A (obligations
on prescribed NPOs).[24]
(2) The
NPO or person is guilty of an offence and liable to a fine if the NPO or person
provides information or a document that the NPO or person knows or ought
reasonably to know is false or misleading in a material way.
27 Failure
to provide information
(1) An
NPO is guilty of an offence and is liable to a fine of level 3 on the standard
scale if, when required by Article 9 to give the Commission written notice
of a change in the information registered in respect of the NPO, it fails, without
reasonable excuse, to do so.[25]
(2) [26]
28 [27]
29 Offences
in respect of financial records
(1) An
NPO is guilty of an offence and is liable to a fine of level 3 on the standard
scale if, without reasonable excuse, it fails to keep financial records as
required by Article 11(1)(a).[28]
(2) An
NPO is guilty of an offence and is liable to a fine if it keeps, for the
purpose of Article 11(1)(a), financial records that it knows or ought
reasonably to know are false or misleading in a material way.
(3) An
NPO is guilty of an offence and is liable to a fine of level 3 on the standard
scale if, without reasonable excuse, it fails to retain financial records for
5 years as required by Article 11(1)(b).[29]
(4) An
NPO is guilty of an offence and is liable to a fine of level 3 on the standard
scale if, without reasonable excuse, it fails to make financial records
available to the Commission when required to do so under Article 11(2).[30]
(5) An
NPO is guilty of an offence and is liable to a fine if it makes available to
the Commission, in purported compliance with Article 11(2), financial
records that it knows or ought reasonably to know are false or misleading in a
material way.
(6) In
this Article “financial records”, in respect of an NPO, means the
financial records of the NPO created or required to be created by the NPO
subsequent to the commencement of this Article.
30 Offences
in respect of supply of information by an NPO
(1) An
NPO is guilty of an offence and liable to a fine of level 3 on the
standard scale if, when requested under Article 13(1) to provide
information, the NPO fails, without reasonable excuse, to provide the
information.[31]
(2) An
NPO is guilty of an offence and liable to a fine if, when requested under
Article 13(1) to provide information, the NPO, in purported compliance
with the request, provides information that the NPO knows or ought reasonably
to know is false or misleading in a material way.
30A Offence in respect
of obligations on prescribed NPOs[32]
A prescribed NPO or an
NPO that belongs to a prescribed class of NPOs is guilty of an offence and is
liable to a fine if it fails to comply, without reasonable excuse, with a
requirement of an Order made under Article 13A.
31 Offences
in respect of supply of an explanation by a person
(1) A
person is guilty of an offence and liable to a fine of level 3 on the
standard scale if, when required under Article 18(2)(b) to provide an
explanation of a financial record, the person fails, without reasonable excuse,
to provide the explanation.[33]
(2) A
person is guilty of an offence and liable to a fine if, when required under
Article 18(2)(b) to provide an explanation of a financial record, the
person, in purported compliance with the requirement, provides an explanation
that the person knows or ought reasonably to know is false or misleading in a
material way.
part 5
criminal liability
32 Criminal
liability in respect of incorporated organizations
(1) Where
an offence under this Law is committed by an incorporated organization and the
offence is proved to have been committed with the consent or connivance of, or
to be attributable to neglect on the part of –
(a) a
person who is a director, manager, secretary or other similar officer of the
organization; or
(b) a
person purporting to act in any such capacity,
the person is also guilty
of the offence and is liable in the same manner as the organization to the
penalty provided for the offence.
(2) If
the affairs of an incorporated organization are managed by its members,
paragraph (1) applies in relation to acts and defaults of a member in
connection with the member’s functions of management as if the member
were a director of the organization.
33 Criminal
liability in respect of unincorporated organizations
Where –
(a) an
offence under this Law appears to have been committed by an organization that
is constituted by an unincorporated body of persons; and
(b) the
offence is proved to have been committed with the consent or connivance of, or
to be attributable to neglect on the part of certain of those persons,
the persons mentioned in
paragraph (b), and only those persons, are guilty of the offence and are
liable to the penalty provided for the offence.
34 Other
criminal liability
A person who aids, abets,
counsels or procures the commission of an offence under this Law is also guilty
of an offence and liable in the same manner as a principal offender to the
penalty provided for that offence.
part 6
Deregistration of an NPO
35 Deregistration
of NPOs on order of the Royal Court
(1) The
Commission must remove the name of an NPO from the register if the Royal Court
orders the Commission to do so after the Court has –
(a) made
a forfeiture order in respect of the funds of the NPO; or
(b) convicted
the NPO of an offence under Jersey law.[34]
(2) In
this Article –
“forfeiture order”
has the same meaning as in Schedule 3 to the Terrorism Law.
[35]
36 Deregistration
of NPOs on other grounds
(1) Except
as otherwise provided by this Article, the Commission must remove the name of
an NPO from the register if the Minister –
(a) orders
the Commission to do so; and
(b) provides
the Commission with his or her reasons for doing so.
(2) The
Minister must not order the Commission to do so unless the Minister is
satisfied that the NPO –
(a) has
persistently failed to comply with any of its obligations under this Law; or
(b) no
longer exists or is not carrying out and is not likely to carry out the
activity specified in the register in respect of the NPO.
(3) Before
acting under paragraph (1), the Commission, if it is reasonably practical
for it to do so, must serve notice of its intention to remove the name of the
NPO from the register.
(4) The
notice may be served on –
(a) the
NPO;
(b) any person
who constitutes or constituted the NPO; or
(c) if a
body of persons constitutes or constituted the NPO, any person the Commission
is satisfied represents that body of persons.
(5) A
notice under paragraph (3) must –
(a) give
the reason why it is intended to remove the name of the NPO from the register;
(b) give the
proposed date of its removal; and
(c) give
details of the right of appeal provided by paragraph (8).
(6) The
Commission shall remove the name of the NPO from the register 28 days
after the service of the notice unless, on appeal the Royal Court orders
otherwise, whether before or after the determination of the appeal.
(7) If
the Commission finds that it is not reasonably practical to serve a notice
under paragraph (4), the Commission may remove the name of the NPO from
the register at any time.
(8) Any
person aggrieved by the removal or intended removal of the name of an NPO from
the register under this Article may appeal to the Royal Court.
(9) The
appeal may be made on the grounds that the removal of the name of the NPO from
the register was not or would not be reasonable in all the circumstances.
(10) On
the appeal, the Royal Court may –
(a) confirm
the decision of the Minister to order the Commission to remove the name of the
NPO from the register;
(b) order
the Commission not to remove the name of the NPO from the register or, as the
case may be, to restore the name of the NPO to the register; or
(c) order
the Commission to take such other action as the Court considers appropriate in
the circumstances.
37 Deregistration
of NPOs on request
The Commission must
remove from the register the name of an NPO if requested to do so by a person
whom the Commission is satisfied has the authority to do so.
38 Deregistration
An NPO ceases to be registered
for the purpose of this Law when its name is removed from the register by the
Commission in accordance with this Part.
part 7
miscellaneous
39 Application
of this Law to the Terrorism Law
In its application to
NPOs, Article 19 of the Terrorism Law shall have effect as if in Article 19(1)(b)
“employment” included work undertaken on behalf of an NPO on a
voluntary or an unpaid basis.[36]
40 [37]
41 Orders
The Minister may
prescribe by Order any matter that shall or may be prescribed under this Law.
42 Citation
This Law may be cited as
the Non-Profit Organizations (Jersey) Law 2008.
43 Commencement
and transitional arrangements
(1) This
Law, other than Article 24, shall come into force on 8th August 2008.
(2) Article 24
shall come in force on 8th November 2008.
(3) It
shall be a defence for an NPO charged with an offence under Article 24 for
the NPO to show –
(a) that
it had made an application to the Commission for registration under Article 5
prior to Article 24 coming into force; and
(b) that
at the time of the alleged offence the application had not been determined or
withdrawn.