Interpretation
(Jersey) Law 1954
A LAW for promoting brevity and
uniformity in enactments
Commencement
[see endnotes]
1 Definitions with regard to enactments
(1) In
this Law and in every other enactment (as hereby defined) whether passed before
or after the commencement of this Law, the expression “enactment”,
unless a contrary intention appears, shall mean any provision of any Law passed
by the States and confirmed by Her Majesty in Council and any provision of any regulations,
Order, rules, bye-laws, scheme or other instrument passed or made in Jersey
under the authority of any Order in Council or under any such Law as aforesaid.
(2) For
the purposes of this Law and of every other enactment, whether passed before or
after the commencement of this Law, unless a contrary intention appears, a Law
shall not be deemed to have been passed until it has been confirmed by Her
Majesty in Council and registered by the Royal Court.
(3) In
this Law and in every other enactment, whether passed before or after the
commencement of this Law, references to the passing or repeal of an enactment
shall be construed, where appropriate, as references to the making or
rescission of that enactment.
(4) In
this Law and in every other enactment, whether passed before or after the
commencement of this Law, the expression “commencement”, when used
with reference to an enactment, shall mean the time at which the enactment
comes into operation.
(5) Where
an enactment is expressed or construed as being expressed to come into
operation on a particular day, it shall be construed as coming into operation
immediately on the expiration of the previous day.[1]
(6) Where
an enactment, whenever passed or made, is expressed to come into operation
forthwith or is silent as to the time at which it is to come into operation,
the enactment shall be construed as being expressed to come into operation on
the day on which it was passed or made.[2]
(7) Where
the time at which an enactment, whenever passed or made, is to come into
operation is expressed or calculated by reference to its promulgation, and the
date of promulgation is unknown, that date shall be deemed to be the day the
enactment was passed or made.[3]
2 Rules as to gender, number and grammatical variations of words
defined
In this Law and in every
other enactment, whether passed before or after the commencement of this Law,
unless the contrary intention appears –
(a) words
importing the masculine gender shall include females;
(b) words
in the singular shall include the plural and words in the plural shall include
the singular; and
(c) grammatical
variations of words to which definitions are assigned shall be construed in accordance
with the definitions.
3 Application of penal enactments to bodies corporate
In the construction of
every enactment relating to a punishable offence, whether passed before or
after the commencement of this Law, the expression “person” shall,
unless the contrary intention appears, include a body corporate:
Provided that nothing in
this Article shall render any body corporate liable,
in respect of any act or omission occurring before the date of the commencement
of this Law, to any criminal proceedings to which that body corporate would not
have been liable before that date.
4 Definitions[4]
(1) The
definitions in Part 1 of the Schedule shall, unless the contrary intention
appears, apply to every enactment, whenever passed or made.
(2) Part 2
of the Schedule shall have effect only as an index of definitions in other
enactments which are of extended application.
5 Commonly
used names[5]
In an enactment, unless
the context otherwise requires, the name commonly applied to a country, place,
body, administration, corporation, society, officer, functionary, person, party
or thing shall mean the country, place, body, administration, corporation,
society, officer, functionary, person, party or thing to which the name is
commonly applied, whether or not the name is the formal or unabbreviated
designation thereof.
6 Effect of repeal
(1) Where
an enactment, whether passed before or after the commencement of this Law,
repeals a repealing enactment, it shall not be construed as reviving any
enactment previously repealed, unless words are added reviving that enactment.
(2) Where
an enactment, whether passed before or after the commencement of this Law,
repeals wholly or partially any former enactment and substitutes provisions for
the enactment repealed, the repealed provisions shall remain in force until the
substituted provisions come into operation.
(3) Where
an enactment which has been amended by any other enactment is repealed, such
repeal shall, unless the contrary intention appears, include the repeal of all
those provisions of other enactments by which the first-mentioned enactment was
amended.[6]
7 Meaning of service by post
Where an enactment,
whether passed before or after the commencement of this Law, authorizes or
requires any document to be served by post, whether the expression “serve”,
“give” or “send”, or any other expression is used,
then, unless the contrary intention appears, the service shall be deemed to be
effected by properly addressing, prepaying and posting a letter containing the
document, and, unless the contrary is proved, to have been effected at the time
at which the letter would be delivered in the ordinary course of post.
8 Meaning of bankruptcy
In every enactment,
whether passed before or after the commencement of this Law, references to a person
becoming bankrupt shall, unless the contrary intention appears, be construed as
references to either –
(a) the
grant by the Royal Court of an application made by that person to place the person’s
property under the control of the Court (de remettre ses biens
entre les mains de la Justice);
(b) the
declaring of the property of that person to be en désastre;
(ba) the grant by the Viscount of a debt remission
order in respect of that person’s qualifying debts under the Debt Remission
(Individuals) (Jersey) Law 2016;
(c) the
grant by the Royal Court of an application made by that person to make a
general cession of the person’s property (de
faire cession générale de tous ses biens-meubles
et héritages);
(d) a
decision of the Royal Court adjudging the property of that person to be
renounced (adjugée renoncée); or
(e) in
the case of a company, the winding up of the company by means of a
creditors’ winding up pursuant to the Companies (Jersey)
Law 1991,
and references to
bankruptcy shall be construed accordingly.[7]
9 Construction
of references to enactments[8]
(1) A
reference in a Law to a Part, Article or Schedule by number only and without
further identification is a reference to the Part, Article or Schedule of that
number in that Law.
(2) A
reference in an Article or other division of a Law to a paragraph, sub-paragraph,
clause or sub-clause by number or letter only and without further
identification is a reference to the paragraph, sub-paragraph, clause or
sub-clause of that number or letter in the Article or other division of that
Law.
(3) Unless
the context otherwise requires, a reference in a Law to an enactment is a
reference to that enactment as amended from time to time and includes a
reference to that enactment as extended or applied under another enactment,
including another provision of that Law.
(4) This
Article shall apply, with the necessary changes, to a subordinate enactment as
it applies to a Law.
(5) This
Article shall apply to all enactments, including this Law, whenever passed or
made.
(6) In
this Article, “subordinate enactment” means an enactment passed or
made under a Law or under the authority of an Order in Council.
10 Construction of subordinate enactments
Where any enactment,
whether passed before or after the commencement of this Law, confers power to
pass any other enactment, expressions used in that other enactment if it is
passed after the commencement of this Law, shall, unless the contrary intention
appears, have the same respective meanings as in the enactment conferring the
power.
11 Construction of provisions as to exercise of powers and duties
(1) Where
an enactment, whether passed before or after the commencement of this Law,
confers a power or imposes a duty, then, unless the contrary intention appears,
the power may be exercised and the duty shall be performed from time to time as
occasion requires.
(2) Where
an enactment, whether passed before or after the commencement of this Law,
confers a power or imposes a duty on the holder of an office as such, then,
unless the contrary intention appears, the power may be exercised and the duty
shall be performed by the holder for the time being of the office, or, in case
of his or her absence or incapacity, by the person for the time being
performing the duty of that office.
(3) Where
an enactment, whether passed before or after the commencement of this Law,
confers a power to pass any other enactment, the power shall, unless the
contrary intention appears, be construed as including a power, exercisable in
the like manner and subject to the like consent and conditions, if any, to
repeal, rescind, amend or vary that other enactment.
(4) Where
an enactment passed after 28th March 2003 confers a power to make any
other enactment, the power may, unless the contrary intention appears, be
exercised –
(a) either
in relation to all cases to which the power extends, or in relation to all
those cases subject to specified exceptions, or in relation to any specified
cases or classes of case; and
(b) so as
to make, as respects the cases in relation to which it is
exercised –
(i) the
full provision to which the power extends or any lesser provision (whether by
way of exception or otherwise),
(ii) the
same provision for all cases in relation to which the power is exercised, or
different provision for different cases or classes of case, or different
provision as respects the same case or class of case for different purposes of
the enactment,
(iii) any
such provision either unconditionally or subject to any specified condition.[9]
12 Offences under 2 or more enactments, etc.
Where an act or omission
constitutes an offence under 2 or more enactments, or both under an enactment
and under the customary law of Jersey, whether any such enactment was passed
before or after the commencement of this Law, the offender shall, unless the
contrary intention appears, be liable to be prosecuted and punished under
either or any of those enactments or under the customary law, but shall not be
liable to be punished twice for the same offence.
13 Construction
of penalties for offences[10]
(1) Where,
in an enactment, a penalty is specified in respect of an offence, unless the
contrary intention appears, the offence shall be punishable by a penalty not
exceeding the penalty specified.
(2) Where
a penalty for an offence is a fine and the amount of the fine or a level on the
standard scale is not specified, the fine shall be construed as a fine of an
unlimited amount.
(3) Where,
in an enactment, more than one penalty is specified for an offence, the use of
the word “and” shall, unless the contrary intention appears, mean
that the penalties may be imposed alternatively or cumulatively.
(4) This
Article shall apply to all enactments, whenever passed or made.
14 Deviation
in forms[11]
Where a form is
prescribed or specified by an enactment, deviations from that form not
materially affecting the substance nor likely to mislead shall not invalidate
the form used.
15 Measurement of distance
In the measurement of any
distance for the purposes of any enactment, whether passed before or after the
commencement of this Law, that distance shall, unless the contrary intention
appears, be measured in a straight line on a horizontal plane.
16 Exercise of statutory powers before commencement of enactment
(1) Where
any Law passed after the commencement of this Law is not to come into operation
immediately on the passing thereof, and confers power to make any appointment,
to pass any enactment, to give notices, to prescribe forms or to do any other
thing for the purposes of the Law, that power may, unless the contrary
intention appears, be exercised at any time after the passing of the Law, so
far as may be necessary or expedient for the purpose of bringing the Law into
operation at the date of commencement, subject to the restriction that any
enactment passed under the power shall not, unless the contrary intention
appears in the Law, or the contrary is necessary for bringing the Law into
operation, come into operation until the Law comes into operation.
(2) This
Article shall apply in relation to Regulations passed by the States in like
manner as it applies in relation to a Law.
17 Effect of repeal and re-enactment, and expiry
(1) Where
any enactment, whether passed before or after the commencement of this Law,
repeals and re-enacts, with or without modification, any provisions of a former
enactment, references in any other enactment to the provisions so repealed
shall, unless the contrary intention appears, be construed as references to the
provisions so re-enacted.
(2) Where
any enactment, whether passed before or after the commencement of this Law,
repeals any other enactment, then, unless the contrary intention appears, the
repeal shall not –
(a) revive
anything not in force or not existing at the time at which the repeal takes
effect;
(b) affect
the previous operation of any enactment so repealed or anything duly done or
suffered under any enactment so repealed;
(c) affect
any right, privilege, obligation or liability acquired, accrued or incurred
under any enactment so repealed;
(d) affect
any penalty, forfeiture or punishment incurred in respect of any offence
committed against any enactment so repealed; or
(e) affect
any investigation, legal proceedings or remedy in respect of any such right,
privilege, obligation, liability, penalty, forfeiture or punishment as
aforesaid,
and any such
investigation, legal proceeding or remedy may be instituted, continued or
enforced, and any such penalty, forfeiture or punishment may be imposed as if
the repealing enactment had not been passed.
(3) The
provisions of paragraph (2) shall apply in relation to an enactment which
has expired in like manner as they apply in relation to an enactment which has
been repealed.
18 Citation
This Law may be cited as
the Interpretation (Jersey) Law 1954.
SCHEDULE[12]
(Article 4)
PART 1[13]
(Article 4(1))
Defined expressions
The definitions referred
to in Article 4(1) are –
“act” includes
omission;
“affidavit”
shall, in the case of a person for the time being allowed by law to affirm or
declare instead of swearing, include affirmation and declaration;
“amend” shall
include “add to”, “substitute”, “vary”,
“repeal” and “revoke”;
“advocate”
shall mean a person admitted to the Bar as an advocate of the Royal Court;
“Bailiwick”
shall mean the Island of Jersey and its dependencies;
“British Islands”
shall mean the United Kingdom, the Channel Islands and the Isle of Man;
“civil partnership”
means a civil partnership within the meaning of Article 2 of the Civil Partnership
(Jersey) Law 2012 (and any reference to a civil partner is to be read
accordingly);
“consular officer”
shall include consul-general, consul, vice-consul, consular agent, and any person
for the time being authorized to discharge the duties of consul-general, consul
or vice-consul;
“contravene”,
in relation to any requirement or condition prescribed in an enactment or in a
grant, permit, lease, licence or other authority under an enactment, includes a
failure to comply with that requirement or condition;
“dentist”
shall mean a person registered as a dentist under the Dentistry (Jersey)
Law 2015;
“doctor” shall
mean a person registered as a medical practitioner under the Medical Practitioners
(Registration) (Jersey) Law 1960;
“Island” shall
mean the Island of Jersey and its dependencies;
“Jersey” shall
mean the Island of Jersey and its dependencies;
“land” shall
include houses and other buildings;
“Magistrate”
shall mean the Juge d’Instruction appointed in
pursuance of the Loi
(1864) concernant la charge de Juge d’Instruction and includes any person exercising
the functions of the Juge d’Instruction;
“marriage”
includes a marriage between persons of the same sex, and references to “spouse”
in any enactment shall be construed accordingly;
“midnight”, in
relation to a day, shall mean the last moment of that day;
“misdemeanour”
shall mean a délit;
“month” shall
mean a calendar month;
“oath” shall,
in the case of a person for the time being allowed by law to affirm or declare
instead of swearing, include affirmation and declaration;
“person” shall
include any body of persons corporate or unincorporated;
“Petty Debts Court”
shall mean the Court known as the Cour pour le Recouvrement de Menues Dettes constituted in pursuance of the Loi (1891) sur la Cour
pour le recouvrement de menues
dettes, confirmed by Order of Her Majesty in
Council of 9th May 1891;
“pharmacist”
shall mean a person registered as a pharmacist under the Pharmacists and Pharmacy
Technicians (Registration) (Jersey) Law 2010 or deemed, by an Order made
under Article 28(c) of that Law, to be registered as a pharmacist under
that Law;
“police officer”
shall mean a member of the Honorary Police or a member of the States of Jersey
Police Force;
“pound”, in
relation to money, shall mean pound sterling;
“registered contract”
shall mean a contract registered in the Public Registry of Contracts;
“solicitor”
shall mean an écrivain of the Royal Court;
“swear” shall,
in the case of a person for the time being allowed by law to affirm or declare
instead of swearing, include affirm and declare;
“under”, in
relation to an enactment, shall include “by”, “in accordance
with”, “pursuant to” and “by virtue of”;
“veterinary surgeon”
means a person whose name is for the time being entered, in accordance with Article 6
of the Veterinary
Surgeons (Jersey) Law 1999, on the list of recognized veterinary
surgeons maintained under that Article;
“will” shall
include codicil;
“word” shall
include a letter, numeral or other symbol;
“writing” and
expressions referring to writing shall be construed as including references to
printing, lithography, photography and other modes of representing or
reproducing words in a visible form;
“Youth Court”
shall mean the court continued under Article 24 of the Criminal Justice (Young
Offenders) (Jersey) Law 2014.
PART 2
(Article 4(2))
Index of definitions in other enactments