Public Records
(Jersey) Law 2002[1]
A LAW relating to records concerning
States functions and other public functions in Jersey, relating to access to
those records when they become archives and conferring various functions on the
Jersey Heritage Trust, an Archivist and a Records
Advisory Panel
Commencement
[see
endnotes]
PART 1
Preliminary
1 Interpretation
(1) In this Law unless the
context otherwise requires –
“archival” means, in respect of a public record, that it
has significant permanent value, whether for the purposes of public
administration or as a matter of cultural heritage;
“Archivist” means the officer employed as Archivist
under this Law;
“conservation” means, in respect of a record, repairing
it or otherwise applying treatment to it;
“current” means, in respect of a public record, that it
is required to be readily available for the performance of the day-to-day
functions of a public institution (other than the function of providing access,
or deciding whether to provide access, to the record under this Law);
“destroy” a record includes treat or modify it in any
irreversible way that would prevent any information that could previously have
been retrieved from the record from being retrieved from the record;
“dispose” of a record includes –
(a) transfer
custody, control or ownership of the record;
(b) be a
party to an arrangement for the transfer of the custody, control
or ownership of the record; and
(c) destroy
the record;
“electronic record” means a record in such a medium or
language that it can only be read or understood by a natural person after
electronic processing;
“function” includes power, authority and duty;
“Minister” means the Minister
for Sustainable Economic Development;
“Order” means Order made under this Law;
“Panel” means the Records Advisory Panel established by
this Law;
“person” includes a public institution and any other
body of persons corporate or unincorporate;
“preservation” means, in respect of a record, protecting
it against damage, deterioration, loss or corruption;
“public institution” has the meaning set out in Article 5;
“public record” has the meaning set out in Article 3;
“public record of a public institution” has the meaning
set out in Article 6;
“public records officer” has the meaning set out in Article 13;
“record” has the meaning set out in Article 2;
“records management” has the meaning set out in Article 7;
“Regulations” means Regulations made under this Law;
“retention period” means, in respect of a public record,
the period, determined by appraisal under Article 17, during which the
record should be kept and at the end of which, according to that appraisal, the
record should be the subject of further appraisal, or of disposal;
“Trust” means the Jersey Heritage Trust incorporated by
an Act of Incorporation granted by the States by the Loi accordant un acte
d’incorporation à l’association dite “The Jersey
Heritage Trust” registered on 3rd June 1983.[2]
(2) Notes inserted in the
text of this Law do not form part of the Law.
(3) A reference in this Law
to an enactment is a reference to that enactment as amended from time to time
and includes a reference to that enactment as extended or applied under another
enactment, including another provision of this Law.
(4) A reference in this Law
to an enactment includes a reference to an enactment of the United Kingdom that
applies to Jersey and that reference is a reference to such an enactment as
amended from time to time and includes a reference to such an enactment as
extended or applied under another enactment of the United Kingdom.
2 Record
(1) For the purposes of
this Law, a record is information that –
(a) is
created or received (whether before or after this Article comes into force) in
the conduct of a corporate, institutional or
individual activity; and
(b) has
such content, context and structure as to provide
evidence of the activity.
(2) Notwithstanding paragraph (1),
for the purposes of this Law a record includes anything prescribed by
Regulations as a record, but does not include anything prescribed by
Regulations as not being a record.
(3) For the purposes of
this Law, a record may be in any code or language, and in any medium.
(4) For the purposes of
this Law, the purpose of the author of something is not conclusive in deciding
whether it is a record.
(5) Regulations that
prescribe something for the purposes of paragraph (2) may do so by
reference to a particular object or to a class of objects.
(6) Regulations that prescribe
something for the purposes of paragraph (2) may also prescribe a sample
(such as a postage stamp, coin or banknote) drawn from
a class of objects and may specify how that sample is to be taken.
3 Public
record
(1) For the purposes of
this Law, a public record is a record that has been created, or received, by a
public institution in the performance of its functions and to the possession of
which that or another public institution is entitled.
(2) However, a record is
not a public record merely because it was received by the Trust in the
performance of such functions as it has otherwise than under this Law or any
other enactment.
4 Age
of public record
(1) For the purposes of
this Law, the age of a public record is calculated starting on 1st January next
after the day when the last change was made to the substance of the record.
(2) That calculation is not
affected by the circumstance that the record was not (or is not taken to have
been) a public record on either of those days, or for all of
the time that started running on either of those days or on the day when Part 4
comes into force.
5 Public
institution
(1) For the purposes of
this Law, “public institution” means any of the
following –
(a) a
Department referred to in Article 1 of the Departments of the Judiciary
and the Legislature (Jersey) Law 1965;
(b) any
administration of the States;
(c) the
Trust, to the extent that it performs functions under this Law or any other
enactment (other than the Loi accordant un acte d’incorporation à
l’association dite “The Jersey Heritage Trust” registered on
3rd June 1983);
(d) the Archivist;
(e) the Panel;
(f) a
person prescribed by Regulations for the purposes of this definition;
(g) except
to the extent that Regulations otherwise provide –
(i) the staff
establishment of the Lieutenant Governor,
(ii) the
States of Jersey Police Force,
(iii) any
office or institution in Jersey where natural persons who are officers of the
Crown, or are employed by the Crown, the States or the States Employment Board,
work in their capacity as such officers or employees,
(iv) a
corporation owned by the States or in which the States have a controlling
interest,
(v) any of the 12 parishes
of Jersey so far as concerns its staff establishment, offices, and institutions
(including the Honorary Police), that perform the temporal functions of the
parish, to the extent that they perform those functions.[3]
(2) Regulations made under paragraph (1)(f)
may prescribe a person to be a public institution for the purposes of some or all of the provisions of this Law.
(3) Regulations made under paragraph (1)(g)
may prescribe an exception for the purposes of some or all of
the provisions of this Law.
6 Public
record of public institution
(1) For the purposes of
this Law, a reference to a public record of a public institution is a reference
to a public record in the custody or control of a public institution (or to
possession of which a public institution is entitled).
(2) For the purposes of
this Law, a reference to a public record of a named public institution is a
reference to a public record in the custody or control of the named public
institution (or to possession of which the named public institution is
entitled).
(3) However, a public
record in the custody or control of the Trust is not a public record of the
Trust merely because it was transferred to the custody or control of the Trust
under Article 20.
7 Records
management
For the purposes of this Law, records management is the process of
ensuring the creation of records concerning the activities of a public
institution to the extent needed to document its activities, the retention of
those records to the extent necessary to ensure that the institution can account
for its activities and the disposal of those records in a manner that depends
on whether or not they still have significant value as evidence of those
activities.
PART 2
FUNCTIONS IN RELATION TO RECORDS
8 Principal
duties of Trust
The Trust shall –
(a) receive archival public
records into its custody or control or make some other arrangement for their keeping;
(b) maintain a public
records office for the safe keeping of public records so received;
(c) employ a person with
appropriate qualifications as Archivist;
(d) employ other persons
with appropriate qualifications to assist the Archivist;
(e) perform such other
duties as the States may prescribe by Regulations;
(f) perform its
functions under this Law in accordance with standards approved from time to time
by the Panel; and
(g) comply with any
directions of the Panel in relation to the performance of those functions.
9 Principal
duties of Archivist
The Archivist shall –
(a) before he or she begins
to perform any of his or her functions under this Law, take oath before the
Royal Court, in the form set out in Part 1 of Schedule 1;
(b) appraise public records
and survey the disposal of public records;
(c) have the management of
the public records in the custody or control of the Trust and make them
available for public access in accordance with the Freedom of Information
(Jersey) Law 2011;
(d) perform such other
duties as the States may prescribe by Regulations;
(e) perform his or her
functions under this Law in accordance with standards approved from time to
time by the Panel; and
(f) comply with any
directions of the Panel in relation to the performance of those functions.[4]
10 Other functions
of Trust
The Trust may –
(a) establish and manage
specialized places of deposit and other facilities to house or exhibit public
and other records (whether or not the Trust has custody or control of those
records);
(b) have the custody or
control of any records (other than public records) that, in the opinion of the
Archivist, are of significant evidential or cultural value and are offered by
or on behalf of any person to the Trust on loan, as a gift, or under some other
arrangement;
(c) acquire copyright,
other forms of intellectual property, and other interests, in public and other
records, and, to the extent that it has any such property or other interests
(or is acting on behalf of any person who has), dispose of that property or any
of those interests;
(d) employ staff, and
engage consultants, for the purposes of this Law;
(e) obtain and maintain
equipment for the purposes of this Law;
(f) perform such
other functions as the States may prescribe by Regulations;
(g) do all things that are
necessary or convenient to be done for or in connection with the performance of
its functions under this Law.
11 Other functions
of Archivist
The Archivist may –
(a) accredit specialized
places of deposit and other facilities to house or exhibit public and other records;
(b) manage any records
(other than public records) that, in the opinion of the Archivist, are of
significant evidential or cultural value and are offered by or on behalf of any
person to the Trust on loan, as a gift, or under some other arrangement;
(c) promote, by providing
advice and other assistance, records management relating to public functions,
whether those functions are carried out by the public or private sector;
(d) promote the preservation,
conservation, appreciation and use of public records and other records;
(e) enter into arrangements
with respect to the preservation, conservation, management and custody or
control of public records relating to places outside Jersey;
(f) enter into
arrangements with archives services outside Jersey with respect to public
records relating to Jersey;
(g) inspect, assess,
acquire, catalogue and dispose of (or authorize the disposal of) public and
other records;
(h) copy and publish public
and other records (but not so as to infringe copyright, or any other
intellectual property right, in the records);
(i) lend records
that, under this Law, have come into the custody or control of the Trust to
museums and other places of public exhibition and to different places of
deposit (but not in breach of any condition attaching to that custody or
control);
(j) publish
catalogues and indexes of, and other guides to, public and other records;
(k) promote and undertake
research and promote and provide education, advice and assistance in connection
with public and other records;
(l) undertake the
preservation and conservation of records in the custody or control of the Trust
and of other records;
(m) train, or assist in the
training of, persons for work in connection with public and other records;
(n) provide information and
facilities for persons using public and other records;
(o) charge reasonable fees
for services provided by him or her;
(p) perform such other
functions as the States may prescribe by Regulations;
(q) do all things that are
necessary or convenient to be done for or in connection with the performance of
his or her functions.[5]
12 Panel may give
directions and shall approve standards
(1) The Panel may give
directions, not inconsistent with this Law, to the Trust and the Archivist in
relation to the performance of their functions under this Law.
(2) The Panel shall ensure that at all times there are standards that it has
approved, for the purposes of Articles 8 and 9, that are not less strict
and not less extensive than the standards in force at those times of the
British Standards Institute, and of the International Organization for
Standardization, on records management and the storage, conservation and
preservation of records.
13 Public records
officer
(1) A public records
officer of a public institution has a duty to ensure that the institution
complies with any requirement of this Law that applies to the institution.
(2) If the Archivist is
required to consult a public institution, it is sufficient compliance with that
requirement if the Archivist consults the public records officer of the
institution.
(3) For the purposes of
this Law, the public records officer of a public institution is the person
prescribed by Order for those purposes or, if no such person is so prescribed,
the chief officer or other person who has charge of the day-to-day running of
the institution.
(4) A person so prescribed
as public records officer of a public institution need not be a person employed
by or in the institution.
PART 3
RECORDS ADVISORY PANEL
14 Establishment
(1) There is established a
body to be known as the Records Advisory Panel.
(2) The Panel shall consist
of 5 members appointed by the Minister.
(3) The members of the
Panel shall have such qualifications or experience as qualify them to perform
the functions of the Panel and to balance, in that performance, the interests
of public institutions, the Trust, the Archivist, the States and the general public.
(4) The Minister shall
appoint one of those members as chairman of the Panel.
(5) The Minister shall
notify the States of the appointments made under this Article.
(6) The performance of the
functions of the Panel shall not be affected by any vacancy in its membership.
15 Meetings and
terms of appointment
(1) Schedule 2 shall
have effect with respect to the members and the meetings of the Panel.
(2) The States may make
Regulations amending any provision of Schedule 2.
(3) Subject to this Law,
the Panel may regulate the conduct of its meetings.
16 Functions
The Panel may –
(a) review from time to
time the performance by the Trust, the Archivist and public institutions of
their functions under this Law;
(b) review from time to
time the appraisal of the records of public institutions, and the schedules
based on that appraisal, under Part 4;
(c) advise the Minister,
the Trust and the Archivist with respect to the functions of the Trust and the
Archivist under this Law;
(d) advise public
institutions with respect to their duties under this Law;
(e) advise the Minister,
the Trust, the Archivist and public institutions with respect to the
preservation of public records and the provision of public access to them;
(f) give directions
to the Trust and the Archivist with respect to the performance of their
functions under this Law; and
(g) perform such other
functions with respect to public records as are conferred on the Panel by this
Law or that the States may prescribe by Regulations.
PART 4
APPRAISAL AND RETENTION OF PUBLIC RECORDs
17 Appraisal of
public records
(1) The Archivist shall appraise regularly the public records of each public
institution for the purposes of this Law and further appraise the records in
accordance with the schedules referred to in this Article.
(2) The Archivist shall
carry out his or her first appraisal of any class of electronic record so far
as possible in anticipation, that is, at the time when the electronic program
for creating records of that class is designed, or set in operation, for the
public institution that is to create records of that class.
(3) The public institution
shall provide the Archivist with such assistance as the Archivist may
reasonably require in order to carry out appraisals of the public records of
the institution under this Article.
(4) The Archivist shall on
the basis of these appraisals prepare and update schedules that classify the
public records appraised and indicate when further appraisal of the records
should be carried out under this Article or disposal of the records should
occur.
18 Schedules of
public records
(1) A schedule referred to
in Article 17, and any amendment to it, shall be of no effect in relation
to public records unless approved by the public records officer of the public
institution that has custody or control of the records (or is entitled to their
possession).
(2) Such a schedule shall
indicate for the purposes of this Law –
(a) the
retention periods for classes of records;
(b) whether
a record of any class is current;
(c) whether
a record of any class is archival;
(d) at
what intervals the records of each class should be the subject of further
appraisal;
(e) what
precautions (if any) should be taken to prevent inadvertent or wrongful
disposal of records of each class;
(f) when
records of each class are to be disposed of (if at all); and
(g) how
records of each class are to be disposed of.
(3) A public institution
shall comply in respect of each record that is a public record of that public
institution with the action for the time being specified in the relevant schedule
as action to be taken by the institution in respect of the record.
(4) The Archivist shall
comply in respect of each record that is a public record with the action for
the time being specified in the relevant schedule as action to be taken by the
Archivist in respect of the record.
19 Further appraisal
(1) The Archivist shall
further appraise public records at regular intervals, in accordance with the
schedules prepared and updated under Article 17.
(2) A schedule prepared
under Article 17 shall require the further appraisal of the records of any
class to be carried out no later than one month before the end of the retention
period that applies to the records.
20 Transfer of
non-current archival public records to Trust
(1) After an archival
public record of a public institution has reached 20 years of age, the
institution shall transfer the record to the custody or control of the Trust,
in accordance with directions of the Archivist.
(2) However, paragraph (1)
does not require the public institution to transfer any of the following
material –
(a) anything
that is still current;
(b) anything
that the public institution cannot transfer because the thing has already been
lawfully disposed of;
(c) anything
in respect of which a direction of the Panel is in force under Article 22;
(d) library
material in the collection of the Public Library;
(e) historical
material and works of art in the collection of the museums that the Trust
administers;
(f) material
prescribed by Order for the purposes of this Article.
(3) For the purposes of
this Article, a transfer of a record to the control of the Trust includes a
transfer of the record to a specialized place of deposit specified by the
Archivist.
21 Archivist may
inspect public records
(1) The Archivist, in
connection with his or her functions under this Law, may inspect any public
record of a public institution and may require a public institution to furnish
any public record of the public institution for inspection by the Archivist.
(2) The public institution
shall comply with the requirement.
22 Records to which
Archivist is not entitled
(1) The Panel may,
notwithstanding Article 20, direct that a public record, or each record in
a specified class of public records, is a record that is not required to be
transferred in accordance with that Article.
(2) The Panel may,
notwithstanding Article 21, direct that a public record, or each record in
a specified class of public records, is a record to which the Archivist is not
entitled to have access under that Article or is entitled to have access under
that Article only on specified conditions to be observed by the Archivist.
(3) A direction under this Article
may only be given in respect of a record that contains information that, for
the purposes of the Freedom of Information
(Jersey) Law 2011, is information that is absolutely exempt information or qualified
exempt information.[6]
(4) A direction under this Article
has effect for such period as is specified in the direction but may at any time
be revoked by the Panel.
23 Records of former
public institution
(1) If a person who is a
public institution ceases to be a public institution or, not being a public
institution, takes over the functions of a public institution –
(a) the
public records of the public institution that existed before the day of the
cessation or take-over do not cease to exist as public records for the purposes
of this Law just because the person is not actually a public institution;
(b) those
records continue to be subject to this Law as if the person had not ceased to
be a public institution on that day or the functions had not been so taken
over; and
(c) for
the purposes of this Law, the person shall be taken to be a public institution
in respect of each record that continues to exist as a public record under this
Article.
(2) For the avoidance of
doubt it is declared that if a person was taken to be a public institution in
respect of any public records, by virtue of Article 24, and then ceased to
be taken to be such an institution, this Article applies to the person and
those records as if the person were a public institution that ceased to be a
public institution.
24 Records of
non-public institution performing public functions
(1) If a person who is not
a public institution performs public functions and both the person and the
functions have been prescribed by Regulations for the purposes of this Article –
(a) the
person’s records that relate to the prescribed functions begin, if the
Regulations so prescribe, to exist for the purposes of this Law as public
records when the Regulations come into force (or if the Regulations prescribe a
later date, the later date); and
(b) for
the purposes of this Law, the person shall be taken to be a public institution
in respect of each record that exists as a public record because of this Article
on and from the date when it begins so to exist.
(2) A person may be
prescribed for the purposes of this Article even if the person, if a body corporate,
is not in public ownership or is not under public control.
(3) For the purposes of
this Article, a person’s records are the records in the person’s
custody or control (or to possession of which the person is entitled).
25 Public
institution to have access
(1) The Archivist shall
ensure that a public record that is in the custody or control of the Trust
because of a transfer under Article 20 is made available, as reasonably
required for use by, or at the direction of, the public institution for the time
being exercising the functions in the performance of which the record was
created.
(2) The Archivist may make
the record available on such conditions as are necessary to ensure its
preservation.
26 Disposal of
public records
(1) A person who has
custody or control of a public record has a duty not to dispose of it.
(2) This Article does not
prevent –
(a) the
doing of anything as required by any law or enactment, including Part 7 of
this Law;
(b) the
transfer of a public record to the custody or control of the Trust;
(c) the
transfer of a public record to such custody or control as the Archivist directs
(including transfer to a specialized place of deposit), to the custody or
control of a person who owns or has some other interest in the record, to the
archives of another country or to the archives of an international
organization;
(d) the
doing of anything with the specific approval of the Archivist or in accordance
with a practice generally approved by the Panel;
(e) in
the case of a current public record, the addition of material to, or alteration
of the material in, the record for the purposes of the performance of the
functions of the public institution that has custody or control of the record
or is entitled to possession of the record; or
(f) the
disposal of a duplicate that is not unique in any of the following
respects –
(i) its form;
(ii) its
content;
(iii) its
being the only surviving duplicate of a lost record;
(iv) its
being the only surviving one of a number of duplicates that have no known original
at the time of the disposal.
PART 5[7]
access to PUBLIC RECORDs
27 [8]
28 [9]
29 [10]
30 [11]
31 [12]
32 [13]
33 [14]
34 [15]
PART 6[16]
review of decisions
35 [17]
36 [18]
PART 7
MANAGEMENT OF PUBLIC RECORDS
37 Conditions of
records storage
A person who has custody or control of an archival public record has
a duty to ensure that the record is kept at such a place and in such manner as
the Panel approves.
38 Public duty to
create and keep records
(1) A public institution
has a duty of records management in relation to the performance of its
functions.
(2) Regulations may make
provision for or with respect to the manner in which that duty is to be
discharged, and a public institution shall discharge the duty in accordance
with any such provision.
(3) The requirements of
this Article are in addition to any other requirements as to the keeping of
records or the preparation of accounts, reports and other documentation.
PART 8
MISCELLANEOUS
39 [19]
40 [20]
41 Law does not
affect validity etc.
(1) Nothing in this Law or
done under this Law affects the validity of any record or its admissibility in
any proceedings.
(2) Nothing in this Law
affects the ownership of a record or any other legally enforceable interest in
a record (whether the interest is in the nature of copyright or otherwise).
(3) In particular, a
transfer of a public record under this Law does not of itself transfer the
ownership of the record or any other legally enforceable interest in the record
(whether the interest is in the nature of copyright or otherwise).
(4) Nothing in this Law
prevents the Trust from agreeing with a person that records in the custody or
control of the Trust as a result of a transfer from that person that are not
public records are to be held on conditions (including conditions as to fees)
to be observed by the person and the Trust, not being conditions inconsistent
with this Law.
42 Dispute
resolution
(1) A dispute concerning
the operation of this Law may be referred by the Minister, the Trust, the
Archivist, the Panel or a public institution to the Bailiff for resolution if
it is a dispute involving any 2 or more of those parties (but not if it is a
dispute to which the Bailiff or any person other than those parties is a
party).
(2) A decision of the
Bailiff on such a dispute shall be final and shall be complied with by the
parties to the dispute.
43 Protection from
liability for making record available
(1) If, in the course of
the administration of this Law, access is given to a record –
(a) no
action for defamation, breach of confidence, or infringement of copyright lies,
by reason of the authorizing or giving of the access, against the Bailiff, the
Minister, the Trust, the Archivist, the Panel, a public institution, or any
person concerned in the authorizing or giving of the access;
(b) no
action for defamation or breach of confidence in respect of any publication
involved in, or resulting from, the giving of the access lies against the
author of the record or any other person because the author or other person
supplied the record to the Bailiff, the Trust, the Archivist, the Panel or a
public institution; and
(c) a
person concerned in the authorizing or giving of the access is not guilty of a
criminal offence by reason only of the authorizing or giving of the access.
(2) The giving of access to
a record under this Law shall not be taken, for the purposes of the law
relating to defamation or breach of confidence, to constitute an authorization
or approval of the publication of the record or of its contents by the person
to whom the access was given.
(3) A person who transfers
the custody or control of a public record to the Trust under this Law, or
otherwise in accordance with this Law, shall not be liable in damages for that
transfer.
44 Protection from
liability in general
(1) A person to whom this Article
applies shall not be liable in damages for anything done or omitted in the
discharge or purported discharge of any functions under this Law unless it is
shown that the act or omission was in bad faith.
(2) This Article applies
to –
(a) a
public institution, an officer, or employee, in or of a public institution or
an agent of a public institution, and a public records officer;
(b) the
Trust, any member of the Trust, and any person who is, or is acting as, an
officer, employee or agent of the Trust or performing any duty or exercising
any power on behalf of the Trust;
(ba) the
Minister and an officer in an administration of the States for which the
Minister is assigned responsibility;
(c) the
Bailiff;
(d) the
Archivist;
(e) the
Panel and any member of the Panel;
(f) any
person with whom the Trust has made arrangements for the custody or control of
a public record; and
(g) a
person prescribed for the purposes of this Article by Regulations.
45 Annual and other
reports
(1) The Archivist shall, as
soon as practicable after the end of the year 2003 and of each subsequent
calendar year, make to the States a report on –
(a) the
performance of his or her functions, and those of the Trust, under this Law
during that year; and
(b) such
developments during that year in the making, management and keeping of public
records as are relevant to Jersey.
(2) The Archivist may also
prepare such other reports as he or she thinks appropriate with respect to
those matters and may publish any such report in such manner as he or she
considers appropriate.
(3) In making any report
under this Article the Archivist shall have regard to the need for excluding
from the report, so far as practicable, any matter of a kind referred to in
Article 31(2) or (5).
46 Certified copy of
public record
(1) The Archivist may give
a certificate that a record referred to in the certificate is a true copy of a
public record in the custody or control of the Trust and such a certificate is
prima facie evidence in all courts of the matters stated in the certificate.
(2) Any writing purporting
to be a certificate given under this Article shall, unless the contrary is
proved, be taken to be such a certificate and to have been duly given.
47 Fees to go to
Trust
A fee or charge that the Archivist may require under this Law is
payable into the income of the Trust, but may be applied by the Trust only in
the performance of the functions of the Trust and of the Archivist under this
Law.
48 Charges for
services
(1) If the Archivist
provides a service that is not within his or her duties under this Law, but is
within in his or her functions under this Law, and no provision is made by or
under this Law for a charge for the service, the Archivist may make a
reasonable charge for the service.
(2) The Archivist may
refuse to provide or complete the service if the charge is not paid.
49 Regulations and
Orders
(1) The States may by
Regulations make provision for the purpose of carrying this Law into effect
and, in particular, but without prejudice to the generality of the foregoing,
for prescribing any matter that may be prescribed by Regulations under this
Law.
(2) The Minister may by
Order make provision for the purpose of carrying this Law into effect and, in
particular, but without prejudice to the generality of the foregoing, for or
with respect to the following matters –
(a) fees
and charges relating to access to records, and to the provision of extracts,
copies and certificates, under this Law;
(b) the
form and content of any notice or certificate given under this Law; and
(c) any
other matter that may be prescribed by Order under this Law.
(3) Regulations or an Order
made under this Law may –
(a) make
different provision in relation to different cases or circumstances; and
(b) contain
such transitional, consequential, incidental or supplementary provisions as
appear to the States or the Minister, as the case may be, to be necessary or
expedient for the purposes of the Regulations or Order.
(4) [21]
50 Savings and
transitional provisions
Schedule 3 shall have effect.
51 Citation
This Law may be cited as the Public Records (Jersey) Law 2002.