(Jersey) Law 2021
In this Law, unless the context indicates otherwise –
“as-enacted legislation” has the meaning given in Article 12(2);
“consolidated legislation” has the meaning given in Article 12(3)
“current drafting practice”
means the legislative drafting practice for the time being adopted by the
Legislative Drafting Office;
“Jersey legislation” means any Law or Jersey subordinate
“Jersey subordinate legislation”
means any Regulations, Order or other instrument having legislative effect in
Jersey that is made in Jersey under –
(a) any Jersey legislation;
(b) any UK extended
legislation or Order in Council registered in the Royal Court;
“Law” means Jersey legislation adopted by the States that does not
rely on any other legislation to empower its making;
“legislation” means Jersey
legislation and UK extended legislation;
“Legislative Drafter” means any person employed (including under a
contract for services) to draft legislation for the Legislative Drafting Office,
and includes the Principal Legislative Drafter and any trainee Legislative
“Legislative Drafting Office”
means the Office referred to in Article 19(1);
“made”, in relation to Jersey legislation, is construed in
accordance with Article 2;
“official version” is construed in accordance with Article 17;
“Principal Legislative Drafter”
means the senior officer of the Legislative Drafting Office, as referred to in
“publish”, in relation to
legislation, means to make available, on an on-going basis, on a website that
provides access to the legislation free of charge;
“repeal” includes delete, rescind and revoke;
“revised”, in relation to Jersey
legislation, means any legislation certified as such in accordance with Article 15(8);
“standing orders” means the Standing Orders of the States
of Jersey, including any amendments to them;
“triennial Regulations” means Regulations made under either or both
of the Orders in Council dated 28th
March 1771 and 14th April 1884;
“UK Act” means any Act of the
Parliament of the United Kingdom (irrespective of whether it applies to the
whole of the United Kingdom);
“UK extended legislation” means any provision of a UK Act, or
subordinate legislation made under a UK Act, that has been registered in the
Making, amending and repealing JERSEY legislation
2 Making of Jersey Legislation
(1) A Law is made –
(a) by being adopted by the
(b) by being sanctioned by
order of Her Majesty in Council; and
(c) by being registered in
the Royal Court.
(2) A taxation draft declared by Act of the
States to have effect under Article 12(1) of the Public Finances (Jersey) Law 2019 is to be treated as having
been made as a Law even though it has not yet completed the steps referred to
in paragraph (1)(b) and (c).
(3) Jersey subordinate legislation is
(a) in the case of
Regulations (including Triennial Regulations) or an Act that is Jersey
legislation, by the proposition containing the Regulations or Act being adopted
by the States Assembly; or
(b) in the case of any other Jersey
subordinate legislation, by being signed by –
(i) the person responsible for making it, or
(ii) if made by a body, a
person acting in accordance with any procedural requirements of the body.
(4) Subject to paragraph (2), Jersey
legislation has been made once it has been registered, adopted or signed as the
case may be.
(5) The States may by Regulations amend paragraph (3)(b)
to make different provision about the procedural requirements for making Jersey
subordinate legislation, including making consequential amendments to the States of Jersey Law 2005 or any other Jersey
3 Commencement of Jersey
(1) If Jersey legislation is silent as to the
commencement of any of its provisions that provision comes into force –
(a) in the case of
legislation having effect only to commence other legislation or consisting of
an Act of the States referred to in Article 2(2), when it is made; and
(b) in the case of any other
legislation, on the day after it is made.
(2) If any Jersey legislation is expressed to
come into force on a particular day, it is treated as coming into force at the
beginning of that day, unless provision is made to the contrary.
(3) Unless provision is made to the contrary,
Regulations may provide that they commence by an Order of a Minister.
(4) If a Law, Regulations made under a Law or
any provision of a Law or Regulations may be commenced by an Act of the States
or an Order of a Minister on a day specified in the Act or Order, the power may
be exercised to specify different days, times or events for different
provisions of the Law or Regulations to commence.
(5) If any Jersey legislation amends any other
legislation or provision that has not come into force –
(a) the amendment of the
uncommenced legislation does not commence that legislation or provision; and
(b) the amendment made by the
amending legislation commences when the provision amended commences unless
provision is made otherwise.
(6) Nothing in this Article affects the
commencement of any Jersey legislation that had commenced before the
commencement of this Part.
4 Exercise of statutory
powers before commencement of Jersey legislation
(1) This Article applies to any Jersey
legislation that confers power to –
(a) make any Jersey subordinate
(b) establish an entity;
(c) make an appointment;
(d) give a notice or
(e) prescribe a form; or
(f) do any other thing for
the purposes of the legislation.
(2) The power in question may, unless provision
is made to the contrary, be exercised at any time after the making of the
legislation, whether or not the legislation is in force.
(3) However, no Jersey subordinate legislation made
under this power may be brought into force before the provision conferring the
power comes into force.
5 Effect of repeal and
(1) This Article applies where any Jersey
legislation repeals any other Jersey legislation or a provision of that
(2) Unless provision is made to the contrary, the
repeal does not affect any of the following –
(a) the validity, invalidity,
effect or consequences of anything done or suffered under the repealed
legislation (including any saving, transitional or validating provision);
(b) any existing right,
interest, title, immunity, privilege, obligation or liability acquired, accrued
or incurred under that legislation;
(c) any amendment of
legislation made by the repealed legislation;
(d) the previous operation of
the repealed legislation or anything done or permitted under that legislation;
(e) any investigation, legal
proceeding or remedy that relates to anything set out in sub-paragraph (b);
(f) any penalty, forfeiture
or punishment incurred in respect of any offence committed before the repeal of
the legislation or breach of it that occurred before its repeal.
(3) Any investigation, legal proceeding or
remedy mentioned in paragraph (2) that relates to an existing right may be
instituted, continued or enforced, and any penalty, forfeiture or punishment mentioned
in that paragraph may be imposed, as if the legislation had not been repealed.
(4) Unless provision is made to the contrary
the repeal of any legislation does not revive –
(a) any legislation repealed;
(b) any rule of law that has
been abolished; or
(c) any other thing not in
force or existing at the time at which the repeal takes effect.
(5) In this Article a reference to legislation
being repealed includes a reference to its having expired or otherwise ceasing
to have effect.
6 Effect of repeal and
re-enactment of Jersey legislation
If any Jersey legislation (whenever made) repeals any Jersey
legislation and re-enacts any of its provisions, with or without modification, references
in any other Jersey legislation to the provisions so repealed, unless provision
is made to the contrary, are construed as references to the provisions so
7 Amendment of Jersey subordinate
legislation by a Law, etc
amendment of Jersey subordinate legislation by a Law does not of itself limit
any further amendment or repeal of that subordinate legislation by other
the case of Jersey subordinate legislation not made by the States, the
reference in paragraph (1) to a Law includes Regulations.
8 Power to amend Law
consequential on another Law lodged but not made before its registration
(1) The States may by Regulations make
amendments to any Law incidental to, supplemental to, or consequential upon, the
making of another Law if the relevant periods of those 2 Laws overlap to any
(2) In this Article –
“lodged” means lodged in accordance with standing orders;
“relevant period” means the period beginning on the day a Law was
lodged and ending on the day it was made.
9 Powers to make Jersey subordinate
(1) Where any Jersey legislation (whenever made)
confers a power to make Jersey subordinate legislation, unless provision is
made to the contrary, the power may be exercised from time to time and includes
a power to repeal, amend or replace the legislation made that is exercisable in
the same way and subject to the same conditions.
(2) Where any Jersey legislation made after
28th March 2003 confers a power to make Jersey subordinate legislation,
the power may, unless provision is made to the contrary, be exercised –
(a) to apply generally to all
cases or be limited in its application to, or make different provision for
different cases or classes of case; or
(b) to apply generally or be
limited in its application by reference to stated conditions, exceptions or
(3) The power in paragraph (2) includes
the power to make provision about any one or more cases and for the purposes of
that paragraph a “class” includes a single case.
(4) The power in paragraph (2) enables a
provision that repeals any legislation to be brought into force only to the
extent of repealing some of its provisions.
(5) Unless provision is made to the contrary, a
power to make Jersey subordinate legislation also authorises the
making of provision incidental to, supplemental to, or consequential upon that legislation.
the power in paragraph (5) is limited –
(a) in the case of
Regulations, to amending any legislation other than the Human Rights (Jersey) Law 2000 or the legislation giving the power to make the Regulations; and
(b) in the case of any
legislation not made by the States, to amending any other legislation not made
by the States.
(7) Where Jersey subordinate legislation is
stated to be made under any power conferred by any legislation (including this
Law) it is treated as being made in exercise of all the powers under which it
may be made.
10 Power to incorporate
technical documents by reference
(1) The States may by Regulations amend any Law
to provide that the power to make subordinate legislation under that Law includes
the power to incorporate by reference any technical document (other than
legislation from any jurisdiction) that is accessible to the public without
charge as it is in force –
(a) at a particular time; or
(b) from time to time.
paragraph (1) “technical document” means a document that is concerned with
the practices, procedures, processes or requirements for use of a technical
product and which is aimed at a person with particular knowledge or experience
in that technical field.
11 States power to annul Jersey subordinate
legislation not made by the States
legislation to which this Article applies must be laid before the States as
soon as practicable after it is made and if the States no later than 3 sittings
after the date on which it is laid, resolve that it be annulled, it ceases to
(2) However –
(a) paragraph (1) may be
displaced by any contrary provision in the Law empowering the subordinate
(b) the annulment does not
affect anything done under the subordinate legislation before it is annulled or
limit the power of the body empowered to make the legislation to make further
Article applies to any Jersey subordinate legislation that is not made by the
States other than legislation providing purely for the commencement of any
the case of Jersey subordinate legislation that was made before the
commencement of this Part, the reference in paragraph (1) to
3 sittings after it is made is construed as meaning 3 sittings after the
commencement of this Part.
States may by Regulations amend this Article.
Consolidation, revision and publication of legislation
12 Types of legislation under
(1) This Part applies in respect of –
(a) as-enacted legislation;
(b) consolidated legislation.
(2) As-enacted legislation is legislation
containing the text of the legislation as originally made and includes that
legislation in the form it appears when prepared for publication under this Part.
(3) Consolidated legislation is legislation
that includes within it any other modifications necessary to show the
legislation as it was in force on the date to which it is stated to be
(4) Revised legislation is also consolidated
13 Consolidated legislation
(1) When any Jersey legislation (other than
legislation having the effect only to amend or commence other legislation or consisting
of an Act of the States referred to in Article 2(2)) is commenced, amended
or revised after the commencement of this Part, the Principal Legislative
Drafter must, as soon as practicable, prepare a consolidated version of the
(2) Consolidated legislation must include a
statement that it is consolidated legislation compiled under the authority of
14 Editorial changes
(1) The Principal Legislative Drafter may make
the following changes to consolidated legislation (whether when preparing it or
(a) the removal of a
provision relating to its commencement;
(b) the removal of a provision
that amends or repeals other legislation (or any provision of that other
(c) the removal of any other provision
that the Principal Legislative Drafter considers to be spent or for any other
reason to be no longer operative;
(d) the correction of –
(i) typographical and clerical errors,
(ii) errors in grammar,
spelling and punctuation,
(iii) errors in numbering,
cross-referencing, and alphabetical ordering,
(iv) errors in, or arising out
of, an amendment by other legislation to the legislation being consolidated,
(v) any other errors of a similar nature;
(e) changes in punctuation
and the relocation of conjunctives or disjunctives to enable the addition or
removal of any provision that is or was part of a list of provisions.
(2) However, none of these changes has effect
to the extent of changing the meaning of any provision.
(3) The Principal Legislative Drafter may make
formatting and presentational changes to the legislation so that consolidated
legislation is consistent with current drafting practice.
(4) Nothing in this Article limits the
authority to make changes in preparing consolidated legislation in reliance on
the application of any other legislation.
(5) Changes authorised by this Article that are
made to consolidated legislation, other than formatting and presentational
changes or minor editorial changes, must be set out in an endnote or other
(6) The Principal Legislative Drafter may
correct any errors in a published version of as-enacted legislation that
occurred after it is made or in revised legislation that occurred after its
15 Changes that may be made
by the Law Revision Board in revising Jersey legislation
(1) The Law Revision Board established under
the Law Revision (Jersey) Law 2003 is continued.
(2) The Board consists of –
(a) 2 members of the
States, appointed by the States;
(b) the Attorney General;
(c) the Greffier of the
(d) the Principal Legislative
(3) The Law Revision Board –
(a) may regulate its own
(b) may transact its business
(4) The Principal Legislative Drafter may
prepare in draft a revision of any Jersey legislation in accordance with any of
the powers set out in Schedule 1.
(5) The powers in Article 14 may also be
used for the preparation of the revision.
(6) The Principal Legislative Drafter must
submit the draft revision to the other members of the Law Revision Board
accompanied by a statement setting out the changes made (other than editorial
changes) and the power relied on as authority for the change.
(7) The Law Revision Board may certify the
draft revision as revised legislation only if it is satisfied that the changes
made are within the powers set out in Article 14 or Schedule 1.
(8) The changes made to legislation by a
revision have effect as if they were effected by an amendment made by other
(9) The Minutes or other record of the transactions
of the business of the Law Revision Board must be laid before the States within
2 months of the business being transacted.
(10) The States may by Regulations amend Schedule 1.
16 Publication of
(1) The Principal Legislative Drafter must
ensure that the following are published –
(a) all as-enacted
legislation made after the commencement of this Part;
(b) all consolidated
legislation prepared after 1st January 2019.
(2) As-enacted legislation must be published as
soon as practicable after it is made and consolidated legislation must be
published as soon as practicable after it is consolidated or the amendments
resulting from other legislation are incorporated within it, whichever is the
17 Official versions of legislation
(1) All as-enacted legislation is an official
version of the legislation.
(2) Any consolidated legislation that is Jersey
legislation is an official version if it contains a statement that it is an
official version of the legislation issued under the authority of this Law and –
(a) it is an electronic
version of the legislation displayed on a website under the authority of the
Principal Legislative Drafter (or a printed or downloaded version of that
legislation without any alteration to its text or format); or
(b) it is a printed version
of the legislation issued by or on behalf of the Principal Legislative Drafter.
(3) An official version of as-enacted legislation
is taken to set out correctly the text of the
(4) Subject to Article 15(9) (changes made
by revision have effect as if effected by amendment), an official version of consolidated
legislation, unless the contrary is shown, is taken to
set out correctly, as at the date on which it is stated to be consolidated, the
legislation as enacted and including any current amendments to it, or revisions
(5) An official version of legislation is admissible
in evidence in any proceedings and a court or person acting judicially must
take judicial notice of any official version of legislation.
(6) The States may, by Regulations, amend
paragraph (2) to vary the requirements for legislation to be an official
18 Statute Law Revision
(1) The States may by Regulations amend any Jersey
legislation using the powers set out in paragraph (2), Article 14 or
(2) The power is to make such amendments as are
necessary or desirable to –
(a) clarify any ambiguity in
the legislation; or
(b) reconcile inconsistencies between different provisions of the
legislation or between any of its provisions and provisions of any other Jersey
(3) Where a proposition is lodged in respect of
Regulations to be made under this Article no amendment may be lodged that, in
the opinion of the Bailiff, would alter the effect of any legislation unless it
is within the scope of paragraphs (1) or (2).
(4) Subject to this Article, the Regulations
may make any provision that could be made by a Law.
Legislative Drafting Office
19 Legislative Drafting
(1) The office previously known as the Law
Draftsman’s Office is renamed the Legislative Drafting Office.
(2) The primary objective of the Legislative
Drafting Office is to produce high-quality legislation
that can be easily understood and is readily accessible to all persons.
(3) The senior officer of the Legislative
Drafting Office is the Principal Legislative Drafter.
(4) The Principal Legislative Drafter is
responsible to the Greffier of the States for carrying out the functions set
out in Article 20 on behalf of the Legislative Drafting Office.
(5) However, the Principal Legislative Drafter
is not responsible to the Greffier of the States for any matter relating to
current drafting practice.
(6) A person must not be appointed or employed as
a Legislative Drafter without having passed the examinations and assessment
specified for the purposes of Articles 3(2)(a)(i) and 3(3)(b)(i) of the Advocates and Solicitors
(Jersey) Law 1997 (requirements for admission to the Bar) or the examinations and
assessments that the Principal Legislative Drafter considers are the equivalent
requirements in a Commonwealth country or the Republic of Ireland.
(7) For clarity, the staff of the Legislative
Drafting Office are not officers of the States Greffe appointed under Article 41(6)
of the States of Jersey Law 2005.
20 Functions of Principal
The functions of the Principal Legislative Drafter are –
(a) to be responsible for the
drafting of all Jersey legislation to be presented to the States and any
amendments to it;
(b) to be responsible for the
drafting of all other Jersey subordinate legislation;
(c) to prepare consolidated
legislation in accordance with Articles 13 and 14;
(d) to prepare legislation
for certification as revised legislation in accordance with Article 15;
(e) to arrange for the
publication of legislation as required by Article 16;
(f) to publish current
(g) to advise the Greffier of
the States on the drafting of standing orders;
(h) to take any steps that
the Principal Legislative Drafter considers appropriate to promote access to
Jersey legislation, including ensuring that it is clearly and logically
organised, easy to understand, certain in its effect and as far as practicable
conforms with current drafting practice; and
(i) to perform any other
functions relating or ancillary to the preparation of legislation that the
Principal Legislative Drafter considers appropriate or as directed by the
Greffier of the States.
21 Delegation of functions
The Principal Legislative Drafter –
(a) may from time to time,
either generally or particularly, delegate to any Legislative Drafter, or any States
employee (within the meaning of Article 2 of the Employment of States of
Jersey Employees (Jersey) Law 2005) working in the Legislative
Drafting Office, any of the Principal Legislative Drafter’s functions; and
(b) must ensure that an
appropriate delegation is at all times in place under this Article to enable a
person to act in place of the Principal Legislative Drafter during any absence
or incapacity or during any vacancy in the office of Principal Legislative
(1) Confidential communications between a
provider of instructions to the Legislative Drafting Office and a Legislative
Drafter are subject to legal professional privilege.
(2) In this Article –
“confidential communications” includes –
(a) instructions to draft
legislation received by the Legislative Drafting Office and communications
between any client of the Legislative Drafting Office and any Legislative
Drafter that relate to the subject matter of the instructions;
(b) unpublished drafts of
legislation prepared by or on behalf of the Legislative Drafting Office;
“provider of instructions” includes a Member of the States and any
officer working in –
(a) a department established
by the States; or
(b) a body, office or unit of
administration, established on behalf of the States (including under any
23 Amendment of this Part by
The States may by Regulations amend this Part to
make different provision in respect of the Principal Legislative Drafter or the
Legislative Drafting Office and any amendments consequential on those
24 Consequential and miscellaneous amendments
Schedule 2 contains consequential and miscellaneous amendments
to Jersey legislation.
Schedule 3 contains a list of legislation repealed and
amendments consequential on those repeals.
26 Citation and commencement
This Law may be cited as the Legislation (Jersey) Law 2021 and comes
into force on a day to be specified by the States by Act.