Law Revision (Jersey) Law 2003
Revised Edition
15.420
Showing the law as at 1 January 2015
This is a revised edition of the law
Law Revision (Jersey) Law 2003
Arrangement
Article
Preliminary
1 Interpretation
2 Establishment and functions of Law Revision Board
Preparation of revised edition
3 Contents of revised edition
4 Laws to be omitted from revised edition
5 Revision powers of Board
6 Format and marking of revised edition
Bringing revised edition into force
7 Bringing revised edition into force
8 Publication and distribution of revised edition
9 Status and effect of revised edition
Maintenance of revised edition
10 Updating of revised edition
11 Correction of minor errors and omissions
Miscellaneous and closing
12 Keeping of laws passed or made in Jersey
13 Offence
14 Citation
SCHEDULE 1
OMITTED LAWS
SCHEDULE 2
POWERS OF REVISION
Supporting Documents
Endnotes
Table of Legislation History
Table of Endnote References
Law Revision (Jersey) Law 2003
A LAW to establish a Law Revision Board and to provide for the preparation, bringing into force and maintenance of a complete revised edition of the laws of Jersey and for connected purposes
Commencement [see endnotes]
Preliminary
1 Interpretation
In this Law –
“Board” means the Law Revision Board established under Article 2;
“current law drafting practice” means the law drafting practice for the time being in use in the office of the Law Draftsman and includes such practice in relation to the layout and appearance of text;
“effective date”, in relation to a revised edition, means the date that the edition is brought into force under Article 7;
“EU instrument” has the same meaning as in the European Union (Jersey) Law 1973[1];
“laws passed or made in Jersey” means –
(a) all Laws passed by the States; and
(b) all regulations, orders, rules, bye-laws, schemes or other instruments passed or made in Jersey under the authority of any Order in Council or under a Law passed by the States;
“page”, in relation to a revised edition in the format of a CD-ROM or other means of electronic storage or a databank accessible by remote computer, includes any separate item of text;
“revised edition” means a complete revised edition of the laws of Jersey or an update of such an edition;
“revision date”, in relation to a revised edition, is the date up until which that edition is current.[2]
2 Establishment and functions of Law Revision Board
(1) There shall be a Law Revision Board which shall consist of –
(a) 2 members of the States, appointed by the States;
(b) the Attorney General;
(c) the Greffier of the States;
(d) the Law Draftsman; and
(e) the Law Revision Manager appointed under paragraph (2), if any.
(2) The persons mentioned in paragraph (1)(a) to (d) may appoint a Law Revision Manager to assist in the discharge of the Board’s functions under this Law.
(3) The Board, in accordance with this Law, shall prepare and bring into force a complete revised edition and may maintain the edition by preparing and bringing into force updates.
(4) The Board, in the discharge of its duties and exercise of its powers under this Law, shall act unanimously.
Preparation of revised edition
3 Contents of revised edition
(1) A complete revised edition shall contain –
(a) all laws passed or made in Jersey that are in force on the revision date and that are not omitted under Article 4 or 5;
(b) such laws of the Parliament of the United Kingdom and Orders in Council which apply to Jersey and which the Board considers it desirable to include;
(c) such treaties, conventions and EU instruments relevant to Jersey which the Board considers it desirable to include;
(d) an index of its contents; and
(e) such introductory and explanatory material and such tables as the Board considers it desirable to include.[3]
(2) Where a revised edition contains an Order in Council extending or applying an Act of the Parliament of the United Kingdom to Jersey or contains a law passed or made in Jersey applying a treaty, convention or EU instrument to Jersey whether, in either case, with or without modifications, the Act, treaty, convention or EU instrument may be reproduced in the revised edition with any such modifications, which shall be clearly indicated by the use of brackets and notes or similar means.[4]
4 Laws to be omitted from revised edition
(1) The Board shall omit from a revised edition the laws specified in Schedule 1.
(2) A revised edition shall indicate any law omitted pursuant to this Article.
5 Revision powers of Board
(1) Subject to paragraphs (2) and (3), in the preparation of a revised edition, the Board shall have the powers of revision described in Schedule 2.
(2) Nothing may be done under this Article that would alter the effect of any law.
(3) Any revision shall be consistent with current law drafting practice.
(4) The States may by Regulations amend Schedule 2.
6 Format and marking of revised edition
(1) A revised edition may be contained in such of the following formats as the Board thinks fit –
(a) bound books;
(b) a collection of booklets;
(c) loose-leaf books;
(d) CD-ROM or other means of electronic storage;
(e) a databank accessible by remote computer.
(2) The revision date of a revised edition shall be –
(a) marked upon every page of a revised edition in printed format; and
(b) displayed upon every page of a revised edition in any other format, in such manner that it is also marked upon a printed copy of that page.
(3) Different revision dates may be marked or displayed upon different pages of a revised edition.
Bringing revised edition into force
7 Bringing revised edition into force
(1) The Board may bring a revised edition into force by –
(a) signing one copy of a revised edition prepared in accordance with this Law, in one of the formats mentioned in Article 6(1), as the authoritative version of the law on the revision date; and
(b) publishing a notice in the Jersey Gazette –
(i) bringing that edition, in that format or those formats, into force on a date specified in the notice, and
(ii) where the format is a databank accessible by remote computer, specifying the manner in which it may be accessed.[5]
(2) Where a revised edition is brought into force in the format of a CD-ROM or other means of electronic storage or a databank accessible by remote computer, the Board may, as an alternative to signing the copy electronically, sign a printout from it of the revised edition.[6]
8 Publication and distribution of revised edition
(1) When a revised edition is brought into force under Article 7, the Board shall deliver one copy each, in each format in which the edition is brought into force, to –
(a) the Lieutenant Governor;
(b) the Bailiff;
(c) the Greffier of the States; and
(d) the Judicial Greffier.
(2) The Greffier of the States shall –
(a) offer for sale copies of a revised edition brought into force in the format of booklets, bound books, loose-leaf books, pages or CD-ROM or other means of electronic storage; and
(b) make a revised edition brought into force in the format of a databank accessible to remote computers upon such terms as the Greffier may determine.
(3) The Greffier of the States may offer for sale or make accessible to remote computers, on such terms as the Greffier may determine, copies of a revised edition in a format other than the format in which it is brought into force.
(4) Without prejudice to paragraphs (2) and (3), the Greffier of the States may enter into any agreement for the sale of copies of a revised edition by any publisher or bookseller and for the inclusion of a revised edition in a databank or publication, whether in Jersey or elsewhere, as may appear to be expedient.
9 Status and effect of revised edition
(1) From the effective date, a revised edition prepared in accordance with this Law, in a format in which it is brought into force under Article 7, shall be deemed to be, in all courts of justice and for all purposes whatsoever, the sole authentic edition of the laws of Jersey, in respect of the law contained in it and in force on the revision date.
(2) Paragraph (1) shall not affect the operation of any law which comes into force after the revision date and which repeals, alters or amends any law included in the revised edition.
(3) A reference in any law to another law amended or otherwise affected by the operation of this Law shall be construed, where necessary and practicable, as a reference to the revised version of the other law contained in the revised edition.
(4) A reference in any document to a law amended or otherwise affected by the operation of this Law shall be construed, unless the contrary intention appears, as a reference to the revised version of the law contained in the revised edition.
(5) The inclusion of any principal legislation or subordinate legislation in a revised edition shall not alter or in any other way affect the operation of the Human Rights (Jersey) Law 2000[7] in relation to that legislation.
(6) In paragraph (5), “principal legislation” and “subordinate legislation” have the same meaning as in the Human Rights (Jersey) Law 2000.
(7) The omission, by virtue of Article 4 or paragraph 1 of Schedule 2, of a law from a revised edition brought into force under Article 7 shall not affect the operation of that law, which shall remain in force until it has been repealed or has expired, become spent or had effect, as the case may be, and may be proved by the production of any copy of it by which it could have been proved before the revised edition is brought into force.
(8) Paragraph (1) shall not apply to a copy of a revised edition brought into force under Article 7 where the copy is in a format other than a format in which the edition was brought into force.
Maintenance of revised edition
10 Updating of revised edition
(1) A revised edition brought into force under Article 7 may be updated as provided in this Article so as to add or incorporate any law or the effect of any law referred to in Article 3(1) which comes into force after the revision date.
(2) A revised edition in the form of a bound booklet, bound book, CD-ROM or other means of electronic storage, may be updated by its entire replacement.
(3) A revised edition in loose-leaf format may be updated by the replacement of pages or the insertion or deletion of pages.
(4) A revised edition in the form of a databank that is accessible by remote computer may be updated by the amendment of part or the whole of that databank and the consequent replacement of the current version of the databank.
(5) A replacement, insertion, deletion or amendment pursuant to this Article shall have no effect unless it is brought into force under Article 7.
(6) A replacement, insertion, deletion or amendment pursuant to this Article which is brought into force under Article 7 shall have the status and effect described in Article 9.
11 Correction of minor errors and omissions
(1) If any clerical or printing error in or omission from a revised edition brought into force under Article 7 is found, the Board –
(a) may correct the same in such manner as may be consistent with the powers of revision conferred on it by Article 5; and
(b) shall give notice in the Jersey Gazette of any corrections so made.
(2) No error in or omission from a revised edition brought into force under Article 7 shall affect the validity or lawfulness of any act or omission by any person which would otherwise have been valid or lawful.
Miscellaneous and closing
12 Keeping of laws passed or made in Jersey
The Greffier of the States shall –
(a) keep a copy of every enactment required to be printed under Article 3 of the Official Publications (Jersey) Law 1960[8] after this Law comes into force –
(i) on CD-ROM or in any other form of electronic storage, or
(ii) on a databank; and
(b) make every such copy available to the Board by, according to the format of the copy, providing a copy of it on CD-ROM or in any other form of electronic storage or making the databank on which it is kept accessible to the Board.
13 Offence
(1) A person who knowingly makes any alteration to a revised edition, with the intent to deceive any person as to the true text of the law, shall be guilty of an offence and liable to imprisonment for a term of 14 years and a fine.
(2) Paragraph (1) applies whether the alteration is made in Jersey or elsewhere.
14 Citation
This Law may be cited as the Law Revision (Jersey) Law 2003.
SCHEDULE 1
(Article 4)
OMITTED LAWS
The following laws shall be omitted from a revised edition –
(a) private Laws;
(b) Laws conferring pensions or gratuities on individual persons;
(c) Laws of a temporary nature or under revision;
(d) Laws the carrying into effect of whose provisions is doubtful;
(e) Laws according acts of incorporation or converting trusts to public trusts;
(f) subordinate legislation made under a Law omitted under paragraph (a) to (e);
(g) subordinate legislation of temporary effect or which does not appear to the Board to be of sufficient importance to be included;
(h) Schemes or Representations ratified by the Crown on the recommendation of the Church Commissioners for England or, formerly, the Ecclesiastical Commissioners for England;
(i) enactments omitted from an earlier republication of a volume of the Recueil des Lois de Jersey or of the Regulations and Orders of Jersey.
SCHEDULE 2
(Article 5(1))
POWERS OF REVISION
1. In the preparation of a revised edition, the Board shall have power to omit –
(a) any law passed or made in Jersey or any part of such a law which has been expressly and specifically repealed or which has expired or has become spent or has had its effect;
(b) any repealing provision contained in a law passed or made in Jersey and also any table or list of repealed laws;
(c) the preamble to any law passed or made in Jersey where such omissions can, in the opinion of the Board, conveniently be made;
(d) any law passed or made in Jersey or any provision of a such a law bringing a law or provision of a law into operation where, in the opinion of the Board, such omission can conveniently be made;
(e) any amending law passed or made in Jersey or any provision of such a law, where the amendments effected by it have been embodied by the Board in the law to which they relate;
(f) any words of enactment.
2. In the preparation of a revised edition, the Board shall have power, in respect of any law referred to in Article 3(1), to –
(a) arrange the laws in such order or manner and in such groups as the Board may determine;
(b) add a short title to a law which does not have one, alter the long or short title of any law or alter the title of any law;
(c) consolidate or split laws or move a provision from one law to another such law in which the provision more properly belongs;
(d) rearrange the provisions of any law or any list in a provision of a law;
(e) add a table of contents or destinations to a law;
(f) add a heading to a provision of a law that does not have one and alter any heading to a provision or part of a law;
(g) omit any map, picture, drawing, diagram or other object;
(h) change any reference to a person, office, body, place or thing to reflect a change of name, transfer of function or provision for construction of the reference;
(i) make such adaptations and amendments as may appear necessary or proper as a consequence of constitutional or other changes in Jersey or any other place or territory or in or to any body or organization outside Jersey;
(j) change any words to make them gender neutral;
(k) change any reference to an office established by law to make it gender neutral;
(l) correct any typographical error or other error of spelling, punctuation, grammar or layout;
(m) change spelling, punctuation and layout;
(n) change expressions of date, money, number, time and units of measurement;
(o) change conjunctives and disjunctives at the end of a provision of a law;
(p) omit any obsolete or redundant words;
(q) alter any words to secure uniformity of expression in a law;
(r) shorten or simplify any phrase or sentence;
(s) add numbering where there is none and change numbering to correct an error or reflect any other change made under this Article;
(t) substitute for a reference to a law or provision of a law which has been re-enacted or replaced, whether with or without modifications, a reference to the law or provision re-enacting or replacing it;
(u) change a cross reference to a law or provision of a law to correct an error or reflect any other change made under this Article,
and to do all other things which appear to the Board to be necessary to render the revised edition consistent with current law drafting practice and to perfect the revised edition.
Endnotes
Table of Legislation History
Legislation
Year and No
Commencement
Law Revision (Jersey) Law 2003
L.35/2003
14 November 2003
Law Revision (Amendment) (Jersey) Law 2006
L.10/2006
31 March 2006
European Union Legislation (Implementation) (Jersey) Law 2014
L.28/2014
31 October 2014
Table of Endnote References
[1]
chapter 17.210
[2] Article 1
amended by L.28/2014
[3] Article 3(1)
amended by L.28/2014
[4] Article 3(2)
amended by L.28/2014
[5] Article 7(1)
amended by L.10/2006
[6] Article 7(2)
amended by L.10/2006
[7]
L.19/2000
[8]
chapter 15.440
