Money Laundering and Weapons Development (Directions) (Jersey) Law 201- Amendment to (P128/2011)

Information about the publication of Ministerial Decisions

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A decision made on 14 September 2011:

Decision Reference: MD-C-2011-0115
Decision Summary Title :	Draft Money Laundering and Weapons Development (Directions) (Jersey) Law 201- Amendment to P.128/2011		Date of Decision Summary:	9 September 2011
Decision Summary Author:	International Relations		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Draft Money Laundering and Weapons Development (Directions) (Jersey) Law 201- Amendment to P.128/2011		Date of Written Report:	9 September 2011
Written Report Author:	International Relations		Written Report : Public or Exempt?	Public
Subject: Draft Money Laundering and Weapons Development (Directions) (Jersey) Law 201- Amendment to P.128/2011
Decision(s): The Chief Minister decided to lodge au Greffe an amendment to the P.128/2011/ Draft Money Laundering and Weapons Development (Directions) (Jersey) Law 201-.
Reason(s) for Decision: The Draft Money Laundering and Weapons Development (Directions) (Jersey) Law 201- was lodged by the Chief Minister on 29 July 2011. Subsequently, a drafting error was discovered in the Law as lodged. This error, although minor, could potentially be interpreted to have a meaning that is different from the original policy intention. The purpose of the amendment is to: Correct the drafting error; Confirm that the apparent meaning of the relevant article is not, in fact, the intended policy; and Clarify and revert to the originally intended policy.
Resource Implications: There are no manpower or revenue implications arising.
Action required: The Chief Minister’s Department to submit the attached report and Amendment to the States Greffe for lodging prior to a States debate on P.128/2011/ Draft Money Laundering and Weapons Development (Directions) (Jersey) Law 201-.
Signature:		Position: Senator T.A. Le Sueur, Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

Money Laundering and Weapons Development (Directions) (Jersey) Law 201- Amendment to (P128/2011)

REPORT

Draft Money Laundering and Weapons Development (Directions) (Jersey) Law 201- Amendment

The Draft Money Laundering and Weapons Development (Directions) (Jersey) Law 201- was lodged by the Chief Minister on 29 July 2011.

Subsequently, a drafting error was discovered in the draft Law as lodged. In Article 13, paragraph (b), the cross-reference to Article 6(9) of the Law is incorrect and should refer to Article 6(10).

The purpose of this amendment is to:

Correct the drafting error;
Confirm that the apparent meaning of the relevant article is not, in fact, the intended policy; and
Clarify and revert to the originally intended policy.

This error, although minor, could potentially be interpreted to have a sensible meaning that represented a policy position, even though it is different from the original policy intention. The reason is because Article 13(b) refers to a "requirement" under Article 6(9) relating to disclosure of information. Article 6(9) refers to requirements imposed by direction and a requirement under Article 6(9)(b) to undertake specific measures could include a requirement to provide information.

Article 6(10) is a general provision allowing any direction under Article 6 to require a recipient to provide information. Article 6(9)(b) is therefore a specific instance of how the power in Article 6(10) may be used. However the policy intention in Article 13(b) is clearly to refer to the wider power in Article 6(10), not the specific power in Article 6(9).

Accordingly, by making the Amendment, the original policy intention is restored, i.e. to authorise information to be disclosed in compliance with any requirement as specified in a direction to provide such information, notwithstanding any restriction on such disclosure, whether imposed by statute or otherwise.

Manpower and resource implications

There are no manpower or resource implications arising from this amendment.