Harbours (Inshore
Safety) (Jersey) Regulations 2012
1 Interpretation[1]
In these Regulations –
“operating
a ship” includes –
(a) sailing
a ship;
(b) using
a ship to ride the surf;
(c) using
a ship under any form of propulsion; and
(d) allowing
a ship to be at anchor without the ship being alongside or moored into a pier;
“operator” means a
person operating a ship, and includes a person who has charge of the conduct of
the ship;
“permit” means permit granted under Regulation 6;
“serious injury” has the meaning given in
Article 165(3) of the Shipping (Jersey) Law 2002;
“ship” includes every description of water craft that is
used, or is capable of being used, as a means of transportation on, in or under
water and includes –
(a) a
non-displacement craft;
(b) a WIG
craft; and
(c) a
seaplane;
“small surf rider” means a craft that –
(a) is
used, or is capable of being used, to ride the surf;
(b) is
not more than 1.54 metres in length and 0.6 metres in width; and
(c) does
not have a fin for steering purposes;
“WIG craft” means a wing-in-ground craft, being a
multimodal craft that, in its main operational mode, flies in
close proximity to the surface by utilising surface-effect action.
2 Delegation
Nothing in these Regulations prevents the Minister from entrusting
any function of the Minister under these Regulations to the harbour authority
or another person.[2]
3 Control
of activities in territorial waters
(1) Where an area of
territorial waters is used for sporting or recreational purposes, the Minister
may by direction designate, for safety or security reasons, the whole or any
part of that area where a person –
(a) may
or may not undertake a specified activity;
(b) may
or may not undertake a specified activity at a specified time;
(c) may
or may not undertake a specified activity in specified circumstances; or
(d) may
not undertake an activity except in a specified manner or in accordance with
specified conditions.
(2) Nothing in paragraph (1)
limits the operation of Article 11(3) and (4) of the Interpretation (Jersey) Law 1954 in relation to the power
under paragraph (1).
(3) The Minister must
publish any direction made under this Regulation.
(4) A direction under this
Regulation takes effect 7 days after the direction is published or on the
day on which the direction is expressed to take effect, whichever is the later
day.
(5) A person who undertakes
an activity in contravention of a direction under this Regulation is guilty of
an offence and liable to a fine of level 2 on the standard scale.
4 Control of ships plying for hire
(1) This Regulation applies
to a ship designed to carry 12 or fewer passengers.
(2) A person must not let
out for use in territorial waters a ship to which this Regulation applies
unless the person is the holder of a permit that authorizes the person so to
let out the ship.
(3) A person must not in
territorial waters carry passengers for reward in a ship to which this
Regulation applies unless the person is the holder of a permit that authorizes
the person so to carry passengers in the ship.
(4) A person who
contravenes paragraph (2) or (3) is guilty of an offence and liable to a
fine of level 2 on the standard scale.
5 Control
of passenger ships plying for hire between places in Jersey
(1) This Regulation applies
to a ship designed to carry more than 12 passengers.
(2) A person must not carry
passengers for reward between places in Jersey in a ship to which this
Regulation applies unless the person is the holder of a permit that authorizes the
person so to carry passengers in the ship.
(3) For the purpose of
paragraph (2), a ship that carries passengers and returns to its place of
departure in Jersey without putting in at any other place during its voyage is
to be taken to be carrying passengers between places in Jersey.
(4) A person who
contravenes paragraph (2) is guilty of an offence and liable to a fine of
level 2 on the standard scale.
6 Permits
(1) An application for a
permit for the purposes of Regulation 4 or 5 is to be made to the harbour
authority on a form approved by the harbour authority.[3]
(2) The application must be
accompanied by the following –
(a) if,
under Regulation 8, insurance is required in respect of the ship for which
the permit is sought, evidence that insurance in accordance with that
Regulation is in force;
(b) in
the case where the permit is for the purpose of Regulation 4, evidence
that –
(i) if
Regulation 3 of the Shipping (Safety
Code – Yachts and Small Ships) (Jersey) Regulations 2013 applies to that ship, the
ship complies with paragraph (1) of that Regulation (to the extent that
the ship is not exempt under paragraph (3));
(ii) if
Regulation 5 of the Shipping (Safety
Code – Yachts and Small Ships) (Jersey) Regulations 2013 applies to that ship, the
ship complies with paragraph (3) of that Regulation;
(c) in the case where the permit
is for the purpose of Regulation 5, evidence that the ship is the subject
of a current survey, and certification, in accordance with the Merchant
Shipping (Survey and Certification) Regulations 1995 of the United Kingdom
(as those Regulations apply to Jersey under the Shipping (Survey and
Certification) (No. 2) (Jersey) Order 2005), to the extent that the
ship is not exempt under regulation 2 of those Regulations as they so apply to
Jersey.[4]
(3) The harbour authority
may grant a permit for the purpose for which it is sought if the harbour
authority is satisfied that –
(a) the
person in respect of whom the permit is sought is a fit and proper person to
hold the permit;
(b) the
ship in respect of which the permit is sought may be safely used for the
purpose; and
(c) that
ship will be manned by persons with sufficient local knowledge to make them
competent to act for the purpose.[5]
(4) The harbour authority
shall serve on a person in respect of whom a permit is sought notice of refusal
of the permit if the harbour authority is not satisfied that the conditions
specified in paragraph (3)(a) to (c) are fulfilled in respect of the
application for the permit.[6]
(5) A permit –
(a) must
be in writing served on its holder;
(b) may
be granted subject to conditions with which the holder of the permit is
required to comply; and
(c) is
valid for such period (not exceeding 5 years) as the harbour authority may
determine.[7]
(6) A permit must
specify –
(a) the
name and address of the holder of the permit;
(b) the
name of the ship in respect of which the permit is granted;
(c) the
number of people that the ship may, under the permit, carry;
(d) details
of the activity that the permit authorizes;
(e) details
of the period during which the permit is valid; and
(f) details
of any conditions with which the holder of the permit is required to comply.
(7) The harbour authority
may, by notice served on the holder of the permit, at any time cancel or
suspend a permit granted in respect of a ship if the harbour authority is
satisfied that –
(a) the
ship is not fit for the purpose for which the permit was granted;
(b) the
ship has been involved in an incident that may make the ship unfit for the
purpose for which the permit was granted;
(c) the
ship is not a ship that, as the case requires –
(i) complies as
referred to in paragraph (2)(b)(i), to the extent required under that
clause,
(ii) complies
as referred to in paragraph (2)(b)(ii), or
(iii) is
the subject of a current survey and certification as referred to in paragraph (2)(c);
or
(d) the
holder of the permit has failed to comply with a condition specified in the
permit.[8]
(8) The holder of a permit
in respect of a ship must ensure that a copy of the permit is prominently
displayed –
(a) in a
conspicuous place on the ship; or
(b) where,
because of the size of the ship, it is not practical to comply with
sub-paragraph (a), in a conspicuous place near to where the ship is
normally berthed or normally puts to sea.
(9) A holder of a permit
granted for the purpose of Regulation 4 is guilty of an offence and liable
to a fine of level 2 on the standard scale if the ship in respect of which
the permit is granted is (as the case requires) let out for use in territorial
waters or, in territorial waters, carries passengers for reward –
(a) when
paragraph (8) is not complied with in respect of the ship; or
(b) when
the ship is not manned by persons with sufficient local knowledge to make them
competent to act for the purpose.
(10) A holder of a permit granted
for the purpose of Regulation 5 is guilty of an offence and liable to a
fine of level 2 on the standard scale if the ship in respect of which the
permit is granted carries passengers for reward between places in Jersey
(within the meaning of Regulation 5(2)) –
(a) when
paragraph (8) is not complied with in respect of the ship; or
(b) when
the ship is not manned by persons with sufficient local knowledge to make them
competent to act for the purpose.
(11) Notice under paragraph (4)
or (7) must be in writing and must set out the authority’s reasons for
deciding to refuse to grant a permit, deciding to cancel a permit or deciding
to suspend a permit (as the case requires).[9]
(12) A person aggrieved by a
decision of the harbour authority –
(a) to
refuse to grant a permit;
(b) as to
the conditions to be complied with by the holder of the permit; or
(c) to
cancel or suspend a permit,
may within 28 days of being notified of the decision appeal to
the Royal Court against the decision on the grounds that the decision was
unreasonable in all the circumstances of the case.[10]
7 Local
registration
(1) This Regulation applies
to –
(a) a ship
designed for or capable of a speed in excess of 12 knots; or
(b) a
ship with a length of 3 metres or more,
that operates in or from territorial waters, other than such a ship
that –
(i) is
owned by a department of the Government of the United Kingdom;
(ii) is
visiting Jersey for a total of less than 3 months in any unbroken period
of 12 months; or
(iii) satisfies
all of the following conditions –
(A) the ship is manually
propelled,
(B) the ship has no
mechanical or wind-assisted propulsion fitted to it,
(C) the ship has its
owner’s telephone number, or its owner’s name and address, clearly
displayed on it.[11]
(2) A person, being the
owner, charterer, operator, or master, of a ship to which this Regulation
applies who –
(a) uses or
retains the ship in territorial waters; or
(b) causes
or permits another person (being the owner, charterer, operator, or master, of
the ship) to use the ship in territorial waters,
is guilty of an offence and is liable to a fine of level 2 on
the standard scale if the ship is not registered under this Regulation.
(3) An application for
registration of a ship under this Regulation is to be made by the owner of the
ship to the harbour authority on a form approved by the harbour authority.[12]
(4) The application must be
accompanied by –
(a) a fee
of £20; and
(b) if,
under Regulation 8, insurance is required in respect of the ship for which
registration is sought, evidence that insurance in accordance with that
Regulation is in force.
(5) The harbour authority,
after receiving an application in accordance with this Regulation –
(a) must
record, in a register kept by the harbour authority for the purpose, details of
the ship and its owner sufficient to identify them; and
(b) may
assign a registration number (which may be or include one or more letters) to
the ship.[13]
(6) The harbour authority
must make the register available for public inspection at reasonable times.[14]
(7) The registration of a
ship ceases to have effect if –
(a) the
ship ceases to be a ship to which this Regulation applies; or
(b) there
is a transfer of ownership of the ship.
(8) If –
(a) a
change occurs as a result of which any of the details
recorded in the register in accordance with paragraph (5) is no longer up
to date; or
(b) the
registration of a ship ceases to have effect by virtue of paragraph (7),
the person who is or was the owner of the ship at the time of the
change or immediately before its registration ceased to have effect (as the
case may be) must, within 28 days after the change or cessation, give the harbour
authority written notice.[15]
(9) That notice must state,
as the case requires –
(a) the
nature of the change; or
(b) why
the registration has ceased to have effect and, if that cessation occurred
because the ownership of the ship was transferred to a person living in Jersey,
the name and address of the new owner.
(10) A person who fails to give
the harbour authority notice when required to do so under paragraph (8) is
guilty of an offence and is liable to a fine of level 2 on the standard
scale.[16]
(11) The owner of a ship to which
this Regulation applies must ensure that –
(a) if
the ship has a name, the name is painted on or affixed to a conspicuous part of
the exterior of the ship;
(b) if
the harbour authority has assigned a registration number to the ship, the
number is painted on or affixed to a conspicuous part of the exterior of the
ship in accordance with any marking requirements published by the harbour
authority for the purposes of this Regulation; and
(c) any
name, and any registration number, so painted on or affixed to the ship are
distinctly visible and legible when the ship is in territorial waters.[17]
(12) A person, being the owner,
charterer, operator, or master, of a ship to which this Regulation applies who –
(a) uses
or retains the ship in territorial waters; or
(b) causes
or permits another person (being the owner, charterer, operator, or master, of
the ship) to use the ship in territorial waters,
is guilty of an offence and is liable to a fine of level 2 on
the standard scale if paragraph (11) is not complied with in respect of
the ship.
8 Insurance
requirements
(1) A person, being the
owner, charterer, operator, or master, of any ship to which this paragraph
applies who –
(a) uses
or retains the ship in territorial waters; or
(b) causes
or permits another person (being the owner, charterer, operator, or master, of
the ship) to use the ship in territorial waters,
is guilty of an offence and is liable to a fine of level 3 on
the standard scale if insurance in accordance with this Regulation is not in
force in respect of the ship.
(2) Paragraph (1)
applies to any of the following ships –
(a) a
ship that is designed for or capable of a speed in excess of
12 knots and operates in or from territorial waters;
(b) a
ship that has a length of 3 metres or more and operates in or from
territorial waters;
(c) a
ship to which Regulation 4 or 5 applies.
(3) Paragraph (1) does
not apply to –
(a) a
ship referred to in sub-paragraph (a), (b) or (c) of Article 127(2)
of the Shipping (Jersey)
Law 2002;
(b) a
ship if an obligation to maintain insurance or security in respect of the ship
is imposed, as referred to in Article 127(3) of that Law, against a
reasonable measure of liability, being the measure, and the liability, referred
to in paragraph (6) of this Regulation;
(c) a
ship that is owned by a department of the Government of the United Kingdom; or
(d) a
ship that satisfies all of the following conditions –
(i) the ship is
manually propelled,
(ii) the
ship has no mechanical or wind-assisted propulsion fitted to it,
(iii) the
ship has its owner’s telephone number, or its owner’s name and
address, clearly displayed on it.[18]
(4) A person, being the owner,
charterer, operator, or master, of a ship, other than a small surf rider, who –
(a) uses
the ship in territorial waters to ride the surf; or
(b) causes
or permits another person to use the ship in territorial waters to ride the
surf,
is guilty of an offence and is liable to a fine of level 3 on
the standard scale if insurance in accordance with this Regulation is not in
force in respect of the ship.
(5) A person, being the
owner, charterer, operator, or master, of a ship, is guilty of an offence and is
liable to a fine of level 2 on the standard scale if –
(a) under
paragraph (1) or (4), insurance in accordance with this Regulation is
required to be in force in respect of the ship; and
(b) the
person, when requested by an authorized person to produce evidence of
compliance with that paragraph, fails to do so within a reasonable time.
(6) Insurance is in
accordance with this Regulation in respect of a ship if it is insurance by an
approved insurer that insures the owner of the ship, and every person (other
than a passenger in the ship who has no control of it) using the ship, against
a reasonable measure of liability that may be incurred by the owner or person
in respect of –
(a) the
death of another person;
(b) bodily
injury to another person; and
(c) damage
to the property of another person,
caused by, or arising out of, the use of the ship, including use
under tuition or for towing a person or another ship, or a person and another
ship.
(7) In this Regulation –
“approved insurer” means an insurance company authorized
to carry on insurance business –
(a) by
virtue of a permit under the Insurance Business (Jersey) Law 1996; or
(b) by a
body performing, in the British Islands (other than Jersey), or in a member
state of the European Union, functions analogous to those performed by the
Jersey Financial Services Commission under the Insurance Business (Jersey) Law 1996;
“authorized person” means a police officer, the Harbour
Master or a person authorized by the Harbour Master.
9 Interpretation
of Regulations 9A to 9U[19]
(1) For
the purposes of Regulations 9A to 9C, a person operates a ship dangerously
only if –
(a) the
person operates the ship in a way that –
(i) falls far below
what would be expected of a competent and careful operator of a ship; and
(ii) would
be obvious to a competent and careful operator of a ship is dangerous; or
(b) the
person operates the ship while it is in a state that would be obvious to a
competent and careful operator is dangerous.
(2) For
the purposes of paragraph (1) –
(a) “dangerous”
refers to danger of injury to a person or of serious damage to property;
(b) in
determining what would be expected of, or obvious to, a competent and careful
operator of a ship in a particular case, regard must be had to –
(i) any circumstance
shown to have been within the knowledge of the operator of the ship; and
(ii) the
circumstances of which the operator of the ship could be expected to be aware;
and
(c) in
determining the state of a ship, regard may be had to anything attached to it
or carried on or in it and to the manner in which
anything is attached or carried.
(3) In
Regulations 9E, 9G, 9I and 9T, “prescribed limit” means, as
the case may require –
(a) 35 microgrammes
of alcohol in 100 millilitres of breath;
(b) 80 milligrammes
of alcohol in 100 millilitres of blood; or
(c) 107 milligrammes
of alcohol in 100 millilitres of urine.
9A Dangerous
operation of a ship[20]
A person who operates a
ship dangerously in territorial waters commits an offence and is liable to
imprisonment for a term of 2 years and to a fine.
9B Causing
serious injury by dangerous operation of a ship[21]
A person who causes serious
injury to another person by operating a ship dangerously in territorial waters
commits an offence and is liable to imprisonment for a term of 5 years and
to a fine.
9C Causing
death by dangerous operation of a ship[22]
A person who causes the
death of another person by operating a ship dangerously in territorial waters
commits an offence and is liable to imprisonment for a term of 10 years
and to a fine.
9D Careless
operation of a ship[23]
A person who operates a
ship in territorial waters without due care and attention, or without
reasonable consideration for other people, commits an offence and is liable to a
fine of level 3 on the standard scale.
9E Careless
operation of a ship when under influence of drink or drugs[24]
A person commits an offence
and is liable to imprisonment for a term of 2 years and to a fine if the
person operates a ship in territorial waters without due care and attention, or
without reasonable consideration for other people, and –
(a) the
person is, at the time when operating the ship, unfit to properly operate it because
they are impaired by drink or drugs;
(b) the
person has consumed so much alcohol that the proportion of it in their breath,
blood or urine at that time exceeds the prescribed limit;
(c) the
person is, within 18 hours after that time, required to provide a specimen
under Regulation 9N but, without reasonable excuse, does not provide it;
or
(d) the
person is required by a police officer to give permission for a laboratory test
of a specimen of blood taken from the person under Regulation 9O but,
without reasonable excuse, fails to do so.
9F Causing
serious injury by careless operation of a ship[25]
A person who causes serious
injury to another person by operating a ship in territorial waters without due
care and attention, or without reasonable consideration for other people, commits
an offence and is liable to imprisonment for a term of 2 years and to a
fine.
9G Causing
serious injury by careless operation of a ship when under influence of drink or
drugs[26]
A person commits an offence
and is liable to imprisonment for a term of 4 years and to a fine if the
person causes serious injury to another person by operating a ship in
territorial waters without due care and attention, or without reasonable
consideration for other people, and –
(a) the
person is, at the time when operating the ship, unfit to properly operate it because
they are impaired by drink or drugs;
(b) the
person has consumed so much alcohol that the proportion of it in their breath,
blood or urine at that time exceeds the prescribed limit;
(c) the
person is, within 18 hours after that time, required to provide a specimen
under Regulation 9N but, without reasonable excuse, does not provide it;
or
(d) the
person is required by a police officer to give permission for a laboratory test
of a specimen of blood taken from the person under Regulation 9O but,
without reasonable excuse, fails to do so.
9H Causing
death by careless operation of a ship[27]
A person who causes the
death of another person by operating a ship in territorial waters without due
care and attention, or without reasonable consideration for other people, commits
an offence and is liable to imprisonment for a term of 5 years and to a
fine.
9I Causing
death by careless operation of a ship when under influence of drink or drugs[28]
A person commits an offence and is liable to imprisonment for a term
of 10 years and to a fine if the person causes the death of another person
by operating a ship in territorial waters without due care and attention, or
without reasonable consideration for other people, and –
(a) the
person is, at the time when operating the ship, unfit to properly operate it because
they are impaired by drink or drugs;
(b) the
person has consumed so much alcohol that the proportion of it in their breath,
blood or urine at that time exceeds the prescribed limit;
(c) the
person is, within 18 hours after that time, required to provide a specimen
under Regulation 9N but, without reasonable excuse, does not provide it;
or
(d) the
person is required by a police officer to give permission for a laboratory test
of a specimen of blood taken from the person under Regulation 9O but,
without reasonable excuse, fails to do so.
9J Operating
a ship with excessive emissions[29]
A person who operates a
ship in territorial waters that is emitting excessive or unreasonable noise or
fumes, whether from its engine or otherwise, commits an offence and is liable
to a fine of level 2 on the standard scale.
9K Failure
to have a person with experience in relevant activity in or on a ship[30]
(1) The
master in command of a ship commits an offence and is liable to a fine of
level 2 on the standard scale if –
(a) the
ship is in territorial waters, towing a person who is water-skiing,
aquaplaning, parascending or undertaking a similar activity (the
“relevant activity”);
(b) the
master is not accompanied in or on the ship by a person with experience in the relevant
activity who is watching over the well-being of the person being towed.
(2) In
this Regulation, “master” has the same meaning as in the Shipping
(Jersey) Law 2002.
9L Providing
false or misleading information or evidence[31]
A person who, in an
application or notice to the Minister or the Harbour Master under these
Regulations, knowingly or recklessly provides information or evidence that is
false or misleading in a material particular is guilty
of an offence and is liable to a fine of level 3 on the standard scale.
9M Breath tests[32]
(1) A
Harbour Master or police officer may require a person to provide a specimen of
breath for a breath test if the Harbour Master or police officer has reasonable
cause to suspect that the person –
(a) is
operating or attempting to operate a ship or is in charge of
a ship in territorial waters;
(b) has
alcohol in their body; and
(c) has
committed an offence under Regulation 9E, 9G or 9I.
(2) A
Harbour Master or police officer may require a person to provide a specimen of
breath for a breath test if –
(a) an
accident occurs involving a ship in territorial waters; and
(b) the Harbour
Master or police officer has reasonable cause to believe that, at the time of
the accident, the person was operating or attempting to operate the ship or was in charge of the ship.
(3) A
person may be required under paragraph (1) or (2) to provide a specimen
either at or near the place where the requirement is made or, if the requirement
is made under paragraph (2) and the police officer making the requirement
thinks fit, at a police station specified by the police officer.
(4) A
person commits an offence and is liable to a fine of level 2 on the
standard scale if the person is required to provide a specimen of breath and,
without reasonable excuse, the person –
(a) does
not provide a specimen that is sufficient to enable the test or analysis to be
carried out; or
(b) does
not provide a specimen in a way that enables the objective of the test or
analysis to be satisfactorily achieved.
9N Provision
of specimens for analysis[33]
(1) In
the course of an investigation into whether a person has committed an offence
under Regulation 9E, 9G or 9I, a police officer may require the person –
(a) to
provide, at a police station, 2 specimens of breath for analysis by means
of a device of a type approved by the Minister for Justice and Home Affairs (a
“suitable device”); or
(b) to
provide, at a police station or hospital, a specimen of blood or urine for a
laboratory test.
(2) A
police officer must not require a person to provide a specimen of breath if
more than 18 hours have passed after the person allegedly committed the
offence.
(3) A
police officer must not require a person to provide a specimen of blood or
urine at a police station unless –
(a) the
police officer has reasonable cause to believe that for medical reasons a
specimen of breath cannot be provided or should not be required;
(b) at
the time the requirement is made, it is not practicable to require the person
to provide a specimen of breath at the police station (for example, because a
suitable device is not available at the police station);
(c) the
person has provided a specimen of breath by means of a suitable device at the
police station and the police officer has reasonable cause to believe that the
device has not produced a reliable indication of the proportion of alcohol in
the person’s breath; or
(d) a
registered medical practitioner advises the police officer that the condition
of the person required to provide the specimen might be due to a drug other
than alcohol.
(4) A
police officer must not require a person to provide a specimen of blood if a
registered medical practitioner advises the police officer that, for medical reasons,
a specimen of blood cannot or should not be taken.
(5) A
person commits an offence and is liable to imprisonment for a term of
12 months and to a fine of level 3 on the standard scale
if –
(a) the
person is required to provide a specimen of breath and, without reasonable
excuse, the person –
(i) does not provide
a specimen that is sufficient to enable the required test or analysis to be
carried out; or
(ii) does
not provide a specimen in a way that enables the objective of the required test
or analysis to be satisfactorily achieved; or
(b) the
person is required to provide a specimen of urine and, without reasonable
excuse, the person does not provide the specimen within 1 hour of the
requirement being imposed; or
(c) the
person is required to provide a specimen of blood and, without reasonable
excuse, the person does not –
(i) consent to a
registered medical practitioner taking the specimen; or
(ii) take
all reasonable steps to allow a registered medical practitioner to take the
specimen.
(6) A
police officer who requires a person to provide a specimen must, when imposing
the requirement, warn the person that failing to provide the specimen may make
the person liable to prosecution under this Regulation, or Regulation 9E,
9G or 9I.
9O Specimens
of blood from persons who cannot consent[34]
(1) A
police officer may ask a police medical practitioner to take a specimen of
blood from a person if –
(a) the
police officer is entitled to require the person to provide a specimen of blood
under Regulation 9N;
(b) it
appears to that police officer that, due to medical reasons, the person is or
may be incapable of consenting to the taking of the specimen; and
(c) the
medical practitioner does not, at the time they are asked, have any
responsibility for the clinical care of the person.
(2) A
police officer may ask a registered medical practitioner who is not a police
medical practitioner to take a specimen of blood from a person if –
(a) the
requirements in paragraph (1)(a) to (c) are satisfied with respect to the
person and the medical practitioner; and
(b) either –
(i) it is not
reasonably practicable for the police officer to ask a police medical
practitioner; or
(ii) it
is not reasonably practicable for a police medical practitioner who is willing
to do so to take the specimen of blood.
(3) It
is lawful for a registered medical practitioner to whom a request is made under
paragraph (1) or (2), if they think fit –
(a) to
take a specimen of blood from the person, whether or not
the person consents; and
(b) to
provide the specimen to a police officer.
(4) In
this Regulation, “police medical practitioner” means a registered
medical practitioner who is engaged under an agreement to provide medical
services for purposes connected with the activities of the Honorary Police or
the States of Jersey Police Force.
9P Testing
of blood taken under Regulation 9O[35]
(1) A
laboratory test must not be performed on a specimen of blood taken from a
person under Regulation 9O unless –
(a) the
person has been informed that the specimen was taken; and
(b) the
person has given permission for the test to be performed.
(2) A
police officer may require a person to give permission for a laboratory test to
be performed on a specimen of blood taken from the person under
Regulation 9O.
(3) A
person commits an offence and is liable to imprisonment for a term of
12 months and to a fine of level 3 on the standard scale
if –
(a) a
police officer requires the person to give permission under paragraph (2);
and
(b) the
person, without reasonable excuse, does not give permission.
(4) A
police officer who requires a person to give permission must, when imposing the
requirement, warn the person that failing to give permission may make the
person liable to prosecution under this Regulation, or Regulation 9E, 9G or
9I.
9Q Use of
specimens of breath in proceedings[36]
(1) A
specimen of breath provided by a person under Regulation 9N must not be
used for the purposes of proceedings for an offence under these Regulations if
the person was required to provide another specimen of breath and that
specimen, on analysis, contains a lower proportion of alcohol.
(2) A
specimen of breath provided by a person under Regulation 9N must not be
used for the purposes of proceedings for an offence under these Regulations
if –
(a) the
specimen of breath, on analysis, contains 50 microgrammes of alcohol or
less in 100 millilitres of breath;
(b) the
person also provided a specimen of blood or urine; and
(c) the
person elects for the specimen of blood or urine to be used instead of the
specimen of breath.
9R Protection
for hospital patients[37]
(1) A
police officer must not require a patient at a hospital to provide a specimen
under Regulation 9N at a location other than the hospital.
(2) A
police officer must not require a patient at a hospital to provide a specimen
under Regulation 9N unless –
(a) the
registered medical practitioner in immediate charge of the patient’s care
has been notified of the proposal to make the requirement; and
(b) the
medical practitioner does not object to the proposal on the ground that making
the requirement, or giving the warning required under Regulation 9N(6), would
be prejudicial to the proper care and treatment of the patient.
(3) A
police officer must not, under Regulation 9O, ask a medical practitioner
to take a specimen of blood from a patient at a hospital unless –
(a) the
registered medical practitioner in immediate charge of the patient’s care
has been notified of the proposal to make the request; and
(b) the
medical practitioner does not object to the proposal on the ground that taking
the specimen would be prejudicial to the proper care and treatment of the patient.
(4) A
police officer must not, under Regulation 9P, require a patient at a
hospital to give permission for a blood specimen to be tested unless –
(a) the
registered medical practitioner in immediate charge of the patient’s care
has been notified of the proposal to make the requirement; and
(b) the
medical practitioner does not object to the proposal on the ground that making
the requirement, or giving the warning required under Regulation 9P(4), would
be prejudicial to the proper care and treatment of the patient.
9S Evidence
in proceedings: admissibility[38]
(1) This
Regulation applies to proceedings against a person for an offence under Regulation 9E,
9G or 9I.
(2) A
specimen of the person’s blood is not admissible on behalf of the
prosecution unless –
(a) it
was taken by a registered medical practitioner with the person’s consent;
or
(b) it
was taken in compliance with Regulation 9O and the person has given permission
for a laboratory test of the specimen.
(3) If,
when a person provided a specimen of blood or urine, the person asked to be
supplied with a specimen, evidence of the proportion of alcohol or any other
drug found in the specimen is not admissible on behalf of the prosecution
unless –
(a) the
specimen in which the alcohol or drug was found is 1 of 2 parts into which
the specimen provided by the accused was divided at the time it was provided;
and
(b) the
other part was supplied to the accused.
(4) If
a specimen of blood was taken from the person under Regulation 9O,
evidence of the proportion of alcohol or any other drug found in the specimen
is not admissible on behalf of the prosecution unless –
(a) the
specimen in which the alcohol or drug was found is 1 of 2 parts into which
the specimen taken from the accused was divided at the time it was taken; and
(b) any
request to be supplied with the other part that was made by the person at the
time when they gave permission for a laboratory test of the specimen was
complied with.
9T Evidence
in proceedings: evidentiary value[39]
(1) This
Regulation applies to proceedings against a person for an offence under Regulation 9E,
9G or 9I.
(2) Evidence
of the proportion of alcohol or any drug in an admissible specimen of the
person’s breath, blood or urine must be taken into
account, even if the specimen was not provided or taken in connection
with the alleged offence.
(3) It
must be assumed that the proportion of alcohol or any other drug in the person’s
breath, blood or urine at the time of the alleged offence was not less than in an
admissible specimen unless the person proves –
(a) that
the person consumed alcohol or the drug after the time of the alleged offence
but before providing the specimen or having it taken; and
(b) that
had the person not consumed alcohol or the drug in the intervening period the
proportion of alcohol in the person’s breath, blood or urine –
(i) would not have
exceeded the prescribed limit; and
(ii) if
it is alleged that the person was unfit to operate the ship, would not have
been sufficient to impair their ability to operate a ship properly.
9U Documentary
evidence as to specimens in proceedings[40]
(1) This
Regulation applies to proceedings against a person for an offence under Regulation 9E,
9G or 9I.
(2) Evidence
of the proportion of alcohol in a specimen of a person’s breath may be
given by producing –
(a) a
statement automatically produced by the device by which the proportion of
alcohol in a specimen of breath was measured; and
(b) a
certificate signed by a police officer that the statement relates to a specimen
provided by the person at the date and time shown in the statement.
(3) Evidence
of the proportion of alcohol or any other drug in a specimen of a
person’s blood or urine may be given by producing a certificate signed by
the Official Analyst that states the proportion of alcohol or any drug found in
the specimen.
(4) Evidence
that a specimen of a person’s blood was taken with the person’s
consent by a registered medical practitioner may be given by the production of
a document signed by the registered medical practitioner.
(5) A
document referred to in this Regulation –
(a) is
admissible in evidence on behalf of the prosecution only if –
(i) in the case of a document
referred to in paragraph (2), a copy of it is handed to the accused at the
time it is produced or is served on the accused at least 7 days before the
hearing; and
(ii) in
the case of any other document, a copy of it is served on the accused at least
7 days before the hearing; and
(b) is
not admissible if the accused, at least 3 days before the hearing (or at a later date, if the court allows due to special
circumstances), serves notice on the prosecutor requiring the person who signed
the document to attend the hearing.
(6) A
copy of a notice required to be served on the prosecutor may be served
personally or sent by registered post.
(7) In
this Regulation “Official Analyst” means the Official Analyst
appointed under the Official
Analyst (Jersey) Law 2022.
10 Certain
incidents to be reported to the Harbour Master
(1) This Regulation applies
where a ship is involved in a serious incident but does not apply if the
incident is required to be reported under the Shipping (Jersey) Law 2002 or under Regulations made
under that Law other than these Regulations.[41]
(2) Where this Regulation
applies, the owner of the ship involved must –
(a) report
the incident to the Harbour Master as soon as possible; and
(b) if
subsequently requested to do so by the Harbour Master, give the Harbour Master
such details of the incident as the Harbour Master may reasonably require.
(3) A person who fails to
comply with paragraph (2), or who in purported compliance with paragraph (2)
provides information or evidence that is false or misleading in a material particular, is guilty of an offence and liable to a
fine of level 3 on the standard scale.[42]
(4) In this Regulation, a
reference to a serious incident is a reference to an incident in which –
(a) a
ship is lost or presumed to be lost;
(b) a
ship is abandoned;
(c) a
ship is disabled, stranded, in collision or seriously damaged;
(d) there
is loss of life;
(e) there
is serious injury to a person on board;
(f) a
person is lost from a ship or a ship’s boat; or
(g) there
occurs any other hazardous incident.
(5) [43]
11 Responsibility of directors
(1) Where an offence under
these Regulations committed by a limited liability partnership or body
corporate is proved to have been committed with the consent or connivance of,
or to be attributable to any neglect on the part of –
(a) a
person who is a partner of the partnership, or director, manager, secretary or
other similar officer of the body corporate; or
(b) any
person purporting to act in any such capacity,
the person shall also be guilty of the offence and liable in the
same manner as the partnership or body corporate to the penalty provided for
that offence.
(2) Where the affairs of a
body corporate are managed by its members, paragraph (1) shall apply 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 body corporate.
12 Transitional
provisions
(1) In this
Regulation –
“commencement date” means the 23rd May 2012;
“repealed Regulations” means the Boats and Surf-Riding
(Control) (Jersey) Regulations 1969.
(2) A ship that is the
subject of registration in force under Regulation 8 or Regulation 33
of the repealed Regulations immediately before the commencement date is to be
taken at that date to be the subject of registration under Regulation 7 of
these Regulations.
(3) A licence in force
under Regulation 14 of the repealed Regulations immediately before the
commencement date has effect at that date as a permit under Regulation 6
of these Regulations in respect of a ship to which Regulation 4 of these
Regulations applies.
(4) A licence in force
under Part 5 of the repealed Regulations immediately before the
commencement date has effect at that date as a permit under Regulation 6
of these Regulations in respect of a ship to which Regulation 5 of these
Regulations applies.
13 Citation
These Regulations may be cited as the Harbours (Inshore Safety)
(Jersey) Regulations 2012.