Consular
Conventions (Jersey) Law 1952
A LAW to confer upon the consular
officers of foreign States with which consular conventions are concluded by His
Majesty certain powers relating to the administration of the estates and
property of deceased persons; to restrict the powers of officers of police and
other persons to enter the consular offices of such States; to restrict the
jurisdiction of the courts with respect to matters concerning certain ships or
aircraft; and to confer upon consular officers certain powers in relation to
wrecks and the property of deceased seamen[1]
Commencement
[see endnotes]
1 Powers of consular officers in relation to property in Jersey of
deceased persons
(1) Where any person who is
a national of a State to which this Article applies is named as executor in the
will of a deceased person disposing of property in Jersey, or is otherwise a
person to whom a grant of representation to the estate in Jersey of a deceased
person may be made, then if the Probate Division of the Royal Court
(hereinafter referred to as the “court”) is satisfied, on the
application of a consular officer of the said State, that the said national is
not resident in Jersey, and if no application for a grant of such
representation is made by a person duly authorized by power of attorney to act
for him or her in that behalf, the court shall make to that officer any such
grant of representation to the estate of the deceased as would be made to him
or her if he or she were so authorized as aforesaid:
Provided that the court may, if it thinks fit, postpone the making
of a grant by virtue of this Article during such period as the court considers
appropriate having regard to the circumstances of the case.
(2) Where any person who is
a national of a State to which this Article applies –
(a) is
entitled to payment or delivery of any money or property in respect of any
interest in the estate of a deceased person, or vesting in possession on the
death of any person, or is entitled to payment of any money becoming due on the
death of any person; or
(b) is a
person to whom any money or property comprised in the estate of a deceased
person may be paid or delivered in pursuance of any enactment, Rule or Regulation,
whether passed or made before or after the commencement of this Law,
authorizing the payment or delivery of such money or property without
representation to the estate of the deceased being granted,
then if the said national is not resident in Jersey, a consular
officer of that State shall have the like right and power to receive and give a
valid discharge for any such money or property in Jersey as if he or she were
duly authorized by power of attorney to act for him or her in that behalf:
Provided that no person shall be authorized or required by this paragraph
to pay or deliver any money or property to a consular officer if it is within his
or her knowledge that any other person in Jersey has been expressly authorized
to receive that money or property on behalf of the said national.
(3) A grant of
administration made by virtue of this Article may be made to the consular
officer by his or her official title, and to his or her successors in office;
and where a grant is so made, the office of administrator, and all the estate,
rights, duties and liabilities of the administrator (including liabilities
under the administration bond) shall be vested in and imposed on the person for
the time being holding the office, and no fresh grant shall be required by
reason only of the death or vacation of office of the person to whom the grant
was made or in whom it is vested as aforesaid:
Provided that nothing in this paragraph shall affect any limitation
contained in the grant, or any power of the court to revoke the grant.
(4) Sureties shall not be
required to an administration bond given by a consular officer upon the grant
of administration by virtue of this Article.
2 Supplementary provisions as to Article 1
Notwithstanding any rule of law conferring immunity or privilege in
respect of the official acts and documents of consular officers, a consular
officer shall not be entitled to any immunity or privilege in respect of any act
done by virtue of powers conferred on the officer by or under Article 1,
or in respect of any document for the time being in his or her possession
relating thereto.
3 Civil jurisdiction concerning service on board ship or aircraft[2]
Where provision has been made by Order in
Council made under sections 4 and 16(2) of the Consular Relations
Act 1968 of the United Kingdom for excluding or limiting the jurisdiction
of any court in the United Kingdom to entertain proceedings relating to the
remuneration or any contract of service of the master or commander or a member
of the crew of any ship or aircraft belonging to a State specified in the
Order, except where a consular officer of that State has been notified of the
intention to invoke the jurisdiction of that court and has not objected within
such time as may be specified by or under the Order, and the Order has been
registered by the Royal Court, the Order shall apply to proceedings before the
courts in Jersey in like manner as it applies to proceedings before courts in
the United Kingdom.
4 Powers of consular officers in relation to wrecks and the property
of deceased seamen
(1) Where any foreign ship
which has been wrecked on or near the coasts of Jersey is found on or near
those coasts or is brought into any port in Jersey, or where any articles
belonging to or forming part of such a ship, or belonging to or forming part of
the cargo thereof, are so found or brought into such a port, any consular
officer of the State to which the ship, or in the case of cargo the owners of
the cargo, may have belonged, authorized in that behalf by any treaty or
arrangement with that State, shall, in the absence of the owner and of the
master or other agent of the owner, be deemed to be the agent of the owner, so
far as relates to the custody and disposal of the ship and of the articles.
(2) A consular officer of a
foreign State in which a deceased seaman was resident may, in respect of any
property not exceeding £100 in value of the deceased seaman, give to any
person a valid receipt for such property, and the person to whom such receipt
is given shall thereby be discharged from all further liability in respect of
that property.
5 Application of Article 1[3]
Where an Order in
Council has been made under section 6 of the Consular
Conventions Act 1949 of the United Kingdom and has been registered by the Royal
Court, then if the Order in Council directs that section 1 of the Act shall
apply to a foreign State, Article 1 of this Law shall apply to that
foreign State.
6 Citation
This Law may be cited as the Consular Conventions (Jersey)
Law 1952.