Freedom of Information (Exemptions – Amendment of Law) (Jersey) Regulations 2014

Made                                                                     9th December 2014

Coming into force                                    in accordance with Article 4

THE STATES, in pursuance of Articles 6 and 53 of the Freedom of Information (Jersey) Law 2011[1], have made the following Regulations –

1        Interpretation

In these Regulations “Law” means the Freedom of Information (Jersey) Law 2011[2].

2        Article 26A inserted

After Article 26 of the Law there shall be inserted the following Article –

“26A Information supplied by, or relating to, bodies dealing with security matters

(1)     Information is absolutely exempt information if it is held by a scheduled public authority and either or both of the following apply –

(a)     it was directly or indirectly supplied to the scheduled public authority by any of the bodies specified in paragraph (2); or

(b)     it relates to any of those bodies.

(2)     Those bodies are –

(a)     the Security Service within the meaning of section 1 of the Security Service Act 1989 of the United Kingdom;

(b)     the Secret Intelligence Service within the meaning of section 1 of the Intelligence Services Act 1994 of the United Kingdom;

(c)     the Government Communications Headquarters within the meaning of section 3 of the Intelligence Services Act 1994 of the United Kingdom, including any unit or part of a unit of the armed forces of the Crown which is for the time being required by the Secretary of State to assist the Government Communications Headquarters in carrying out its functions;

(d)     the special forces within the meaning of section 84 of the Freedom of Information Act 2000 of the United Kingdom;

(e)     the Tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000 of the United Kingdom;

(f)      the Tribunal established under section 7 of the Interception of Communications Act 1985 of the United Kingdom;

(g)     the Tribunal established under section 5 of the Security Service Act 1989 of the United Kingdom;

(h)     the Tribunal established under section 9 of the Intelligence Services Act 1994 of the United Kingdom;

(i)      the Security Vetting Appeals Panel referred to in section 23(3) of the Freedom of Information Act 2000 of the United Kingdom;

(j)      the Security Commission referred to in section 23(3) of the Freedom of Information Act 2000 of the United Kingdom;

(k)     the National Criminal Intelligence Service established under section 2 of the Police Act 1997 of the United Kingdom;

(l)      the Service Authority for the National Criminal Intelligence Service established under section 1 of the Police Act 1997 of the United Kingdom;

(m)    the Serious Organised Crime Agency established under section 1 of the Serious Organised Crime and Police Act 2005 of the United Kingdom;

(n)     the National Crime Agency formed under section 1 of the Crime and Courts Act 2013 of the United Kingdom;

(o)     the Intelligence and Security Committee of Parliament established under section 1 of the Justice and Security Act 2013 of the United Kingdom.

(3)     Except as provided by paragraph (4), a certificate signed by the Chief Minister certifying that the information to which it applies was directly or indirectly supplied by, or relates to, any of the bodies specified in paragraph (2) is conclusive evidence of that fact.

(4)     A person aggrieved by the decision of the Chief Minister to issue a certificate under paragraph (3) may appeal to the Royal Court on the grounds that the Chief Minister did not have reasonable grounds for issuing the certificate.

(5)     The decision of the Royal Court on the appeal shall be final.”.

3        Article 27 amended

In Article 27(1) of the Law after the word “Information” there shall be inserted the words “which does not fall within Article 26A(1)”.

4        Citation and commencement

These Regulations may be cited as the Freedom of Information (Exemptions – Amendment of Law) (Jersey) Regulations 2014 and shall come into force on the same date that the Freedom of Information (Jersey) Law 2011[3] comes into force.

L.-M. HART

Deputy Greffier of the States

 


 



[1]                                    L.17/2011

[2]                                    L.17/2011

[3]                                    L.17/2011


Page Last Updated: 15 Apr 2016