States of Jersey
(Powers, Privileges and Immunities) (Scrutiny panels, PAC and PPC) (Jersey)
Regulations 2006
PART 1
Preliminary
1 Interpretation
Expressions defined in standing orders have the same meaning in
these Regulations.
2 Application
to members of the States
These Regulations shall not –
(a) confer any power to
issue a summons requiring the appearance of, or the production of documents by,
a member of the States; or
(b) confer any privileges
or immunity on a member of the States.
PART 2
Scrutiny
panels and the PAC
3 Power
of scrutiny panel or the PAC to issue summons
(1) Before issuing a
summons requiring a person to appear before it and to give evidence and produce
documents to it, a scrutiny panel or the PAC must –
(a) request
the person to so appear;
(b) accommodate
any reasonable request by the person as to the day and time of the appearance;
and
(c) where
it would be appropriate to do so, having regard to the nature of the evidence
or documents, undertake to hear the evidence in private or receive the
documents in confidence.
(2) If a person refuses to
comply with a request made under paragraph (1) the scrutiny panel or the
PAC may summons the person to appear before it and to give evidence and produce
documents to it if the panel or the PAC is satisfied that the evidence is, or
the documents sought from the person are, relevant to a matter that it is
investigating.
4 Procedure
for issue of summons by a scrutiny panel or the PAC
(1) A scrutiny panel or the
PAC shall inform the Greffier of its decision to issue a summons.
(2) The Greffier shall
prepare the summons and sign it.
(3) The summons
shall –
(a) state
the day and time when the person is required to appear;
(b) indicate,
in general terms, the issues on which the scrutiny panel or PAC proposes to
question the person;
(c) be
accompanied by information regarding –
(i) how the summons
may be challenged, and
(ii) the
offences in Regulation 22.
(4) The summons may require
the person to produce –
(a) all
documents;
(b) specified
documents;
(c) documents
described by reference to their subject matter or any other factor,
which are relevant to the matter that the scrutiny panel or PAC is
investigating.
(5) The day on which the
person is to appear must be at least 10 working days after the day the summons
is served on the person.
(6) The Greffier shall
cause the summons to be served on the person by personal service or
ordinary service.
5 Challenging
a summons issued by a scrutiny panel or the PAC
(1) A person may challenge
a summons issued by a scrutiny panel or the PAC on any of the following
grounds –
(a) that
Regulation 3(1) was not complied with before the summons was issued;
(b) that
any requirement of Regulation 4 was not complied with in respect of the
summons;
(c) that
the evidence is, or the documents are, not relevant or necessary to the matter
that the scrutiny panel or the PAC is investigating;
(d) that
the evidence is or documents are privileged;
(e) that
the prejudice to the person that would ensue from appearing before the scrutiny
panel or the PAC and giving the evidence and, where required, producing the
documents, so far outweighs the usefulness of the evidence or documents to the
panel or the PAC that it would be unreasonable to require the person to appear.
(2) The person must notify
the Greffier, in writing, that he or she wishes to challenge the summons and of
the grounds for his or her challenge.
(3) Once the person has so
notified the Greffier –
(a) the
Greffier shall inform the PPC and the scrutiny panel or the PAC of the
challenge; and
(b) the
person shall not be required to obey the summons unless, on review, it is
upheld by the PPC.
6 Review
of challenge of summons issued by a scrutiny panel or the PAC
(1) The PPC shall review
the challenge as soon as is practicable.
(2) A member of the PPC who
is connected with or involved in the matter being investigated by the scrutiny
panel or PAC whose summons is being challenged, or who is a member of the
scrutiny panel or PAC, shall not take any part in the review.
(3) The PPC shall undertake
such investigations into the matter as it sees fit and may, as part of the
investigations, request submissions, either in writing or in person,
from –
(a) the
chairman and any member of the scrutiny panel or PAC;
(b) the
person who has challenged the summons;
(c) any
other person whose submission is, in the opinion of the PPC, relevant to its
review of the challenge.
(4) After it has concluded
its investigations the PPC shall either –
(a) uphold
the summons as served;
(b) uphold
the summons with such alterations as it considers appropriate; or
(c) direct
that the person is not required to obey the summons.
(5) The PPC shall inform
the person who challenged the summons, and the scrutiny panel or the PAC, of
its decision and the reasons for it.
7 Challenge
and review of question put by a scrutiny panel or the PAC
(1) A person appearing
before a scrutiny panel or the PAC in answer to a summons may challenge a question
put by the scrutiny panel or PAC on the ground that –
(a) the
question is not relevant or necessary to the matter that the scrutiny panel or
PAC is investigating;
(b) the
evidence sought is privileged; or
(c) the
prejudice to the person that would ensue if he or she answered the question so
far outweighs the usefulness of the answer to the scrutiny panel or PAC that it
would be unreasonable to require the person to answer.
(2) Once the person has
made the challenge, he or she is not required to answer the question unless the
PPC directs that it must be answered.
(3) Paragraphs (1) to
(3) of Regulation 6 shall apply to a review of a challenge to a question
as they apply to a review of a challenge to a summons.
(4) After it has concluded
its investigations the PPC shall direct –
(a) that
the question must be answered; or
(b) that
the question need not be answered.
(5) The PPC shall inform
the person who challenged the question, and the scrutiny panel or PAC, of its
decision and the reasons for it.
7A Power
of scrutiny panel or Committee to administer oath[1]
(1) A scrutiny panel, the
PAC or PPC may require a person appearing before it to give evidence on oath.
(2) The chairman of the
panel or, as the case may be, the Committee in question, is authorized to
administer the oath for the purpose of paragraph (1).
8 Privileges
and immunity of person appearing before or producing documents to a scrutiny
panel or the PAC
(1) A person asked or
required to give evidence or produce documents before a scrutiny panel or the
PAC shall be entitled, in respect of such evidence and documents, to legal
professional privilege and privilege against self-incrimination.
(2) An answer given by a
person to a question put to that person, an oral or written statement made by a
person, or a document produced by a person, in the course of his or her
appearance before a scrutiny panel or the PAC shall not, except in the case of
proceedings for an offence under these Regulations, be admissible in evidence
against that person in any civil or criminal proceedings.
(3) Paragraph (2)
shall not apply to evidence given or documents produced by that person which he
or she knows to be untrue.
8A Immunity
of technical adviser questioning persons appearing before the PAC, a scrutiny
panel, or a sub-panel[2]
(1) A question shall not be
admissible in evidence against a technical adviser in any civil or criminal
proceedings if that technical adviser asked the question of a person appearing
before the PAC, a scrutiny panel, or a sub-panel established under standing
order 139.
(2) Paragraph (1)
shall not apply to any part of a question constituting an assertion that is
known to be untrue by the person making it.
(3) For the purpose of this
Regulation a technical adviser is a person appointed by any committee or panel
established by standing orders to advise the committee or panel on any
technical matter.
9 Immunity
of member of the PAC who is not a member of the States
No civil or criminal proceedings may be instituted against a member
of the PAC who is not also a member of the States for any words spoken or
written –
(a) before or within the
PAC; or
(b) in a report to the PAC
or a report presented by the PAC to the States.
10 Application
of Part 2 to sub-panel etc of a scrutiny panel
Where a scrutiny panel establishes a sub-panel under standing order
139, or appoints a member under standing order 140, to review, consider,
scrutinize or liaise upon any particular matter, this Part shall have effect
with the modifications necessary –
(a) to enable the sub-panel
or member to make a request under Regulation 3(1);
(b) to empower the scrutiny
panel to issue a summons requiring a person to appear and give evidence before
and produce documents to the sub-panel or member;
(c) to confer on a person
who gives evidence before or produces any document to the sub-panel or member
the same privileges and immunity as a person who gives evidence before or
produces any document to a scrutiny panel.
PART 3
INVESTIGATION
BY PPC OF BREACH OF CODE OF CONDUCT
11 Application
of Part 3
The powers conferred by this Part on the PPC are exercisable only
for the purpose of an investigation, pursuant to standing orders, of a
suspected breach of the code of conduct for elected members.
12 Power
of the PPC to issue summons
(1) Before issuing a
summons requiring a person to appear before it and to give evidence and produce
documents to it, the PPC must –
(a) request
the person to so appear;
(b) accommodate
any reasonable request by the person as to the day and time of the appearance;
and
(c) where
it would be appropriate to do so, having regard to the nature of the evidence
or documents, undertake to hear the evidence in private or receive the
documents in confidence.
(2) If a person refuses to
comply with a request made under paragraph (1) the PPC may summons the
person to appear before it and to give evidence and produce documents to it if
the PPC is satisfied that the evidence is, or the documents sought from the
person are, relevant to a matter that it is investigating.
13 Procedure
for issue of summons by the PPC
(1) The PPC shall inform
the Greffier of its decision to issue a summons.
(2) The Greffier shall
prepare the summons and sign it.
(3) The summons
shall –
(a) state
the day and time when the person is required to appear;
(b) indicate,
in general terms, the issues on which the PPC proposes to question the person;
(c) be
accompanied by information regarding –
(i) how the summons
may be challenged, and
(ii) the
offences in Regulation 22.
(4) The summons may require
the person to produce –
(a) all
documents;
(b) specified
documents;
(c) documents
described by reference to their subject matter or any other factor,
which are relevant to the matter that the PPC is investigating.
(5) The day on which the
person is to appear must be at least 10 working days after the day the summons
is served on the person.
(6) The Greffier shall
cause the summons to be served on the person by personal service or
ordinary service.
14 Challenging
a summons issued on behalf of the PPC
(1) A person may challenge
a summons on any of the following grounds –
(a) that
the summons was not issued for the purpose described in Regulation 11;
(b) that
Regulation 12(1) was not complied with before the summons was issued;
(c) that
any requirement of Regulation 13 was not complied with in respect of the
summons;
(d) that
the evidence is, or the documents are, not relevant or necessary to the matter
that the PPC is investigating;
(e) that
the evidence is or the documents are privileged;
(f) that
the prejudice to the person that would ensue from appearing before the PPC and
giving the evidence and, where required, producing the documents so far
outweighs the usefulness of the evidence or documents to the PPC that it would
be unreasonable to require the person to appear.
(2) The person must notify
the Greffier, in writing, that he or she wishes to challenge the summons and of
the grounds for his or her challenge.
(3) Once the person has so
notified the Greffier –
(a) the
Greffier shall inform the PPC of the challenge; and
(b) the
person shall not be required to obey the summons unless, on review, it is
upheld by the panel described in Regulation 15(1).
15 Review
of challenge of summons issued on behalf of the PPC
(1) The challenge shall be
reviewed, as soon as is practicable, by a panel comprised of the 1st Senator
called in the roll of elected members, the 1st Connétable so called and
the 1st Deputy so called, disregarding any Senator, Connétable or Deputy
who –
(a) is a
member of the PPC; or
(b) is
connected with or involved in the matter that the PPC is investigating.
(2) The panel shall
undertake such investigations into the matter as it sees fit and may, as part
of the investigations, request submissions, either in writing or in person,
from –
(a) the
chairman and any member of the PPC;
(b) the
person who has challenged the summons;
(c) any
other person whose submission is, in the opinion of the panel, relevant to its
review of the challenge.
(3) After it has concluded
its investigations the panel shall either –
(a) uphold
the summons as served;
(b) uphold
the summons with such alterations as it considers appropriate; or
(c) direct
that the person is not required to obey the summons.
(4) The panel shall inform
the person who challenged the summons, and the PPC, of its decision and the
reasons for it.
16 Challenge
and review of question put by the PPC
(1) A
person appearing before the PPC in answer to a summons may challenge a question
put by the PPC on the ground that –
(a) the question is not
relevant or necessary to the matter that the PPC is investigating;
(b) the evidence sought is
privileged; or
(c) the prejudice to the
person that would ensue if he or she answered the question so far outweighs the
usefulness of the answer to the PPC that it would be unreasonable to require
the person to answer.
(2) Once
the person has made the challenge, he or she is not required to answer the
question unless the panel described in Regulation 15(1) directs that it
must be answered.
(3) Paragraphs (1)
and (2) of Regulation 15 shall apply to a review of a challenge to a
question as they apply to a review of a challenge to a summons.
(4) After
it has concluded its investigation the panel described in Regulation 15(1)
shall direct –
(a) that the question must
be answered; or
(b) that the question need
not be answered.
(5) The
panel shall inform the person who challenged the summons, and the PPC, of its
decision and the reasons for it.
17 Privileges
and immunity of person appearing before or producing documents to the PPC
(1) A person asked or
required to give evidence or produce documents before the PPC shall be
entitled, in respect of such evidence or documents, to legal professional
privilege and privilege against self-incrimination.
(2) An answer given by a
person to a question put to that person, an oral or written statement made by a
person, or a document produced by a person, in the course of his or her
appearance before the PPC, shall not, except in the case of proceedings for an
offence under these Regulations, be admissible in evidence against that person
in any civil or criminal proceedings.
(3) Paragraph (2)
shall not apply to evidence given or documents produced by that person which he
or she knows to be untrue.
18 Immunity
of member of panel acting for the PPC who is not a member of the States
(1) This
Regulation applies to a person –
(a) who
is not a member of the States; and
(b) who
is a member of a panel appointed by the PPC, pursuant to standing orders, to
investigate an act.
(2) No
civil or criminal proceedings may be instituted against the person for any
words spoken or written –
(a) before
or within the panel; or
(b) in
the panel’s report to the PPC.
19 Application
of Part 3 to panel acting for the PPC
Where, pursuant to standing orders, the PPC appoints a panel to investigate
an act this Part shall have effect with the modifications
necessary –
(a) to enable the panel to
make a request under Regulation 12(1);
(b) to empower the PPC to
issue a summons requiring a person to appear and give evidence before and
produce documents to the panel;
(c) to confer on a person
who gives evidence before or produces any document to the panel the same
privileges and immunity as a person who gives evidence before or produces any
document to the PPC.
PART 4
Miscellaneous
and closing
20 Personal
service
(1) For the purposes of
these Regulations, personal service of a summons is effected by leaving it with
the person to be served.
(2) In the case of personal
service on a body corporate, such service may be effected by leaving the
summons with the president or chairman, or the secretary, treasurer or other
similar officer of the body corporate or by leaving it at or delivering it to
the registered office of the body corporate.
21 Ordinary
service
(1) For the purposes of
these Regulations, ordinary service of a summons is effected –
(a) in
the case of service on an individual –
(i) by leaving it at
the last known address or last known place of business of the person to be
served, or
(ii) by
sending it by ordinary post to the last known address or last known place of
business of the person to be served;
(b) in
the case of service on a body corporate –
(i) by leaving it at
or sending it by ordinary post to the registered or principal office of the
body corporate, or
(ii) by
leaving it at or sending it by ordinary post to the last known place of
business of the body corporate.
(2) Without prejudice to
Article 7 of the Interpretation (Jersey) Law 1954 a document sent by post to
an address in Jersey shall, unless the contrary is proved, be deemed to have
been served on the 2nd day after the day on which it was posted, days on which
there is no collection or delivery excepted.
22 Offences
(1) A person shall be
guilty of an offence if he or she, without reasonable excuse –
(a) disobeys
any requirement of a summons issued under these Regulations; or
(b) when
summoned under these Regulations refuses to comply with a requirement to
be examined before, or to answer any lawful and relevant question put by, the
committee or panel which issued the summons or, as the case may be, on whose
behalf the summons was issued under Regulation 10(b) or 19(b).
(2) A person guilty of an
offence under paragraph (1) shall be liable to a fine of level 3 on the standard
scale.[3]
23 Citation
These Regulations may be cited as the States of Jersey (Powers,
Privileges and Immunities) (Scrutiny panels, PAC and PPC) (Jersey)
Regulations 2006.