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Children and Young People (Amendment) (Jersey) Law 202-

Adopted by the States                                                          23rd November 2022

Sanctioned by Order of His Majesty in Council            [date to be inserted]

Registered by the Royal Court                                            [date to be inserted]

Coming into force                                                                    [date to be inserted]

THE STATES, subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law –

1        Amendment of the Children and Young People (Jersey) Law 2022

This Law amends the Children and Young People (Jersey) Law 2022.

2        Article 4 (co-operation to promote wellbeing) amended

In Article 4 –

(a)     for paragraphs (4) and (5) there is substituted –

“(4)    Arrangements under this Article must include arrangements for the sharing of information between the responsible Ministers and relevant providers.

(5)     Any information shared under those arrangements must be obtained in the course of discharging functions in relation to children or young people whether those functions are conferred under any enactment, or otherwise.”;

(b)     After paragraph (5) there is inserted –

“(6)    Arrangements for the sharing of information must not –

(a)           require the sharing of information in respect of which a claim to legal professional privilege could be maintained in legal proceedings; or

(b)            prevent the sharing of information if that claim is waived.”;

(c)     existing paragraph (6) is renumbered as paragraph (7), and in that renumbered paragraph “(a) and (b)” is deleted;

(d)     existing paragraphs (7), (8) and (9) are respectively renumbered as paragraphs (8), (9) and (10).

3        Article 5 (arrangements to safeguard the welfare of children and young people) amended

In Article 5 –

(a)     in paragraph (2)(b) “when they are discharging functions” is deleted;

(b)     in paragraph (3)(e) for “as to the disclosure of” there is substituted “for the sharing of”;

(c)     for paragraph (4) there is substituted –

“(4)    With regard to the arrangements referred to in paragraph (3)(e) –

(a)           any information shared under those arrangements must be –

(i)             obtained in the course of discharging functions, and

(ii)      shared for the purposes of safeguarding the welfare of children or young people; and

(b)     those arrangements must not –

(i)      require the sharing of information in respect of which a claim to legal professional privilege could be maintained in legal proceedings, or

(ii)      prevent the sharing of information if that claim is waived.”;

(d)     in paragraph (5) “(a)” is deleted;

(e)     in paragraph (13), for the definition “functions” there is substituted –

“ “functions” means any functions discharged in relation to children or young people whether those functions are conferred under any enactment, or otherwise;”.

4        Article 28 (collaborative working among corporate parents) amended

For Article 28(2), (3), (4) and (5) there is substituted –

“(2)    Collaboration may include –

(a)     sharing information;

(b)     providing advice or assistance;

(c)     co-ordinating activities (and seeking to prevent unnecessary duplication);

(d)     sharing responsibility for action;

(e)     funding activities jointly;

(f)      discharging functions under this Part jointly (for example, by publishing a joint plan or joint report).

(3)     Any information that is shared –

(a)     must be obtained by corporate parents in the course of discharging their functions in relation to the individuals to whom this Part applies whether those functions are conferred under any enactment, or otherwise; and

(b)     must not be information in respect of which a claim to legal professional privilege could be maintained in legal proceedings, unless that claim is waived.

(4)     For the avoidance of doubt, paragraph (3) does not derogate from the requirements of the Data Protection Law.

(5)     Corporate parents must have regard to any guidance or code of practice published by the Minister on information sharing and data protection, and endorsed by the Data Protection Authority in the discharge of its functions under Article 11(1)(d) or (j) of the Data Protection Authority Law.”.

5        Citation and commencement

This Law may be cited as the Children and Young People (Amendment) (Jersey) Law 202- and comes into force immediately upon the coming into force of the Children and Young People (Jersey) Law 2022.


Page Last Updated: 23 Nov 2022