International Co-operation
(Protection from Liability) (Jersey) Law 2018
A LAW to make provision for protection from liability against claims for
damages, costs and consequential loss in cases where a public authority
provides assistance pursuant to a request made by a relevant authority of a country
or territory outside Jersey, and for connected purposes.
Commencement [see endnotes]
1 Interpretation
In this Law –
“assistance” includes –
(a) assistance
in respect of obtaining evidence or information, obtaining assets, conducting
investigations and conducting searches; and
(b) assistance
in any legal proceedings, including proceedings to establish the lawfulness of
a decision to give assistance;
“damages” includes loss or damage to property;
“Minister” means the Chief Minister;
“public authority” includes –
(a) any
person certain functions of whose are functions of a public nature; and
(b) a
person who is or has been, or is acting or has acted as, an officer or agent of
a person referred to in paragraph (a),
but does not include a court or tribunal or an officer of a court or
tribunal;
“relevant authority”, in relation to a country or
territory outside Jersey, means an authority in that country or territory that
requests assistance.
2 Protection
from liability for damages, costs and consequential loss
(1) Subject to paragraphs (2)
and (3) but despite any other provision in any other enactment to the contrary,
a public authority shall not be liable –
(a) in
damages;
(b) for
consequential loss; or
(c) for
costs in legal proceedings,
in respect of any act done in the discharge or purported discharge
of the public authority’s functions under any enactment specified in
Schedule 1 or Regulations or an Order made under such enactment which
entitles the public authority to give assistance to a relevant authority of any
country or territory outside Jersey unless it is shown that the act was done in
bad faith.
(2) Paragraph (1)
shall not apply so as to prevent an award of damages made in respect of an act
on the ground that the act was unlawful as a result of Article 7(1) of the
Human Rights (Jersey) Law 2000.
(3) A public authority may
rely on the good faith of the relevant authority to which it gave the
assistance referred to in paragraph (1) to prove that the public authority
did not act in bad faith.
(4) The Minister may by
Order exclude any type of damages, costs or consequential loss in respect of
assistance in any legal proceedings from the application of this Law.
3 Regulations
The States may by Regulations –
(a) make such other
provision as the States think fit for the purposes of carrying this Law into
effect;
(b) amend Schedule 1;
(c) make such
consequential, incidental, supplementary or transitional provisions as appear
to the States to be necessary or expedient, including provisions making
amendments to any other enactment as appear to the States to be expedient –
(i) for
the general purposes, or any particular purpose, of this Law,
(ii) in
consequence of any provision made by or under this Law, or
(iii) for
giving full effect to this Law or any provision of it.
4 [1]
5 Citation
and commencement
This Law may be cited as the International Co-operation (Protection
from Liability) (Jersey) Law 2018 and
shall come into force on such day or days as the States
may by Act appoint.