Children (Restriction on Supply of Goods) (Jersey) Law 2009
A LAW to enable the prohibition of or
restriction on the supply of certain goods to persons under full age and for
In this Law –
“authorized person” means any person who is a consumer
safety inspector within the meaning of the Consumer Safety (Jersey)
“prescribed” means prescribed by Regulations.
to make Regulations prohibiting or restricting the supply of certain goods to
States may, in the interests of promoting public health or public safety, make
Regulations prohibiting or restricting the supply of such goods as may be
prescribed to such persons or categories of persons, being persons under full
age, as may be prescribed in such circumstances as may be prescribed.
under this Article may –
the meaning of “supply” and different meanings may be given to meet
different circumstances or different classes of circumstances; and
such incidental, supplemental or transitional provisions as appear to the
States to be necessary or expedient.
authorized person may, for the purpose of ensuring compliance with any
Regulations made under this Law, and subject to the production if so required,
of evidence of that authorized person’s authority, at any reasonable time
enter any premises (other than premises used only as a dwelling) –
ascertain whether there has been contravention of any Regulations made under
make such examination and investigation as may in the circumstances be
take such photographs and make such recordings as the authorized person
considers necessary for the purpose of any examination or investigation;
(d) to require
the production of, inspect, take copies of, or copies of any entry in, any
books or documents which it is necessary for the authorized person to see for
the purposes of any examination or investigation by the authorized person;
require any person to afford the authorized person such reasonable facilities
and reasonable assistance with respect to any matters or things within that
person’s control, or in relation to which that person has
responsibilities, as are necessary to enable the authorized person to exercise
any of the powers conferred on him or her by this Article;
do any other thing which is reasonable necessary or incidental for the purpose
of carrying out his or her powers under this Article.
person who is not an authorized person who purports to act as such for the
purposes of this Law is guilty of an offence and liable to imprisonment for a
term of 6 months and to a fine of level 3 on the standard scale.
for contravention of Regulations and obstruction
person who supplies any goods in contravention of any Regulations made under
this Law shall be guilty of an offence and liable to imprisonment for a term of
12 months and to a fine.
(2) A person
obstructs any authorized person acting in pursuance of any provision of this
reasonable cause fails to give any authorized person who is so acting any
assistance or information that the authorized person may reasonably require for
the purposes of the exercise of his or her functions under this Law,
is guilty of an offence and liable to imprisonment for a term of
6 months and to a fine of level 3 on the standard scale.
person is guilty of an offence if, in giving any information which is required
of the person by virtue of paragraph (2)(b), the person –
any statement that the person knows is false in a material particular; or
makes a statement that is false in a material particular.
person guilty of an offence under paragraph (3) is liable to imprisonment
for a term of 12 months and to a fine.
shall be a defence for a person charged with an offence under
paragraph (1) to prove that he or she took all reasonable precautions and
exercised all due diligence to avoid the commission of the offence.
the person charged adduces evidence that is sufficient to raise an issue with
respect to the matters to be proved under paragraph (5), the court shall
treat the defence as proved unless the prosecution proves beyond reasonable
doubt that it is not.
an offence under this Law committed by a limited liability partnership or body
corporate is proved to have been committed with the consent or connivance of –
person who is a partner of the partnership, or director, manager, secretary or
other similar officer of the body corporate; or
person purporting to act in any such capacity,
the person is also guilty of the offence and liable in the same
manner as the partnership or body corporate to the penalty provided for that
the affairs of a body corporate are managed by its members, paragraph (1)
shall apply in relation to acts and defaults of a member in connection with the
member’s functions of management as if he or she were a director of the
person who aids, abets, counsels or procures the commission of an offence under
this Law is also guilty of an offence and liable in the same manner as a principal
offender to the penalty provided for that offence.
This Law may be cited as the Protection of Children (Restriction on
Supply of Goods) (Jersey) Law 2009.