Certificates of
Origin (Produce of the Soil) (Jersey) Law 1961
A LAW to revise the Law regarding the
certification of the origin of produce of the soil grown in Jersey and intended
for export to the United Kingdom
Commencement
[see endnotes]
1 Interpretation
In this Law, unless the
context otherwise requires –
“Committee”
means the Finance and Economics Committee;
“foreign produce”
means produce of the soil grown outside Jersey;
“master of a ship”
includes a pilot in charge of an aircraft;
“produce of the soil”
means produce of the soil in its raw state;
“scheduled produce”
means produce of the soil grown in Jersey and of a nature specified in Schedule 1;
“ship”
includes aircraft.
2 Issue
of certificates of origin
(1) Where
an officer of the Impôts is satisfied that the requirements of paragraph (2)
have been complied with in relation to any scheduled produce which has been
loaded on board a ship for export to the United Kingdom, the officer of the
Impôts may issue to the master or agent of the ship a certificate of
origin, in the form set out in Schedule 2 to this Law, certifying, for and
on behalf of the States, that the produce was grown in Jersey.
(2) The
requirements referred to in paragraph (1) are –
(a) that,
before any scheduled produce is loaded on board the ship in which it is to be
exported, the master or agent of the ship has notified the Principal Agent of
the Impôts of the intention to load and of the time and place of loading;
(b) that,
before any consignment of any scheduled produce is loaded on board the ship,
the exporter has delivered to an officer of the Impôts a declaration, in
the form set out in Schedule 3, containing the several particulars
indicated therein or required thereby;
(c) that
the master or agent of the ship has made an application in writing for the
issue of a certificate under paragraph (1) and has delivered the
application to an officer of the Impôts, together with an accurate record
of all the scheduled produce which has been loaded on board the ship, showing
the number and description of the packages in which it is contained:
Provided that the Committee
may suspend the requirement of sub-paragraph (b) in relation to any
scheduled produce, where it is satisfied that foreign produce of the same
nature as the scheduled produce imported into Jersey is unlikely to be
re-exported to the United Kingdom.
(3) Forms
of declaration for the purposes of paragraph (2)(b) shall be obtainable
from the Principal Agent of the Impôts on the payment of fees in
accordance with such scale as the Committee may from time to time determine,
and no other forms shall be used for the said purpose.
3 Power
of search, etc.
With a view to ensuring
the proper administration and preventing the evasion of the provisions of this
Law, any officer of the Impôts may at any time stop, go on board and
search any ship and require any produce to be unloaded from a ship.
4 Power
to vary Schedules
The Committee may by
Order vary Schedule 1 by adding thereto or deleting therefrom produce of
the soil of any nature, or Schedule 2 or 3 by substituting for the forms
set out therein forms substantially to the like effect and, where any Schedule is
so varied, this Law shall have effect as if the Schedule as so varied were
substituted for the Schedule contained in this Law:
Provided that the Committee
shall not include or maintain in the said Schedule 1 produce of the soil
of any nature unless it is satisfied that produce of that nature is grown in
Jersey in sufficient quantities to justify that the provisions of this Law
should apply thereto.
5 Orders
The Subordinate
Legislation (Jersey) Law 1961 shall apply to Orders made under this Law.
6 Offences
(1) If
the master or agent of any ship gives any such notification as is referred to
in Article 2(2)(a) at a time when there is any scheduled produce on board
the ship, or, except where the requirement of Article 2(2)(b) has been
suspended, causes or permits any scheduled produce to be loaded on board the
ship before the declaration relative thereto has been delivered in compliance
with that requirement, the person shall be liable to a fine of level 3 on
the standard scale.[1]
(2) If
any person makes or causes to be made any such declaration or record as is
mentioned in Article 2(2), the same being false in any material
particular, or counterfeits or alters, or uses knowing the same to be false,
counterfeited or altered, any such declaration or record as aforesaid or any
such certificate as is mentioned in Article 2(1), the person shall be
liable to imprisonment for a term of 2 years and to a fine.[2]
(3) If
any person obstructs, hinders, molests or assaults any officer of the
Impôts duly engaged in the performance of the officer’s duties or
the exercise of the officer’s powers under this Law or does anything
which impedes or is calculated to impede the carrying out of any search authorized
by this Law, the person shall be liable to imprisonment for a term of
2 years and to a fine.[3]
7 Offences
by corporations
Where an offence under
this Law committed by a body corporate is proved to have been committed with
the consent or connivance of, or to be attributable to any negligence on the part
of, any director, manager, secretary or other officer of the body corporate, the
director, manager, secretary or other officer, as well as the body corporate,
shall be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly.
8 Financial
provisions[4]
9 Citation
This Law may be cited as
the Certificates of Origin (Produce of the Soil) (Jersey) Law 1961.