Emergency Powers (Bailiwick of Guernsey) (Amendment) Law, 2005

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Please note that this Order in Council has been repealed by Order in Council No. XIV of 2012 - Civil Contingencies (Bailiwick of Guernsey) Law, 2012.

PROJET DE LOI

ENTITLED

The Emergency Powers (Bailiwick of Guernsey) (Amendment) Law, 2005

THE STATES, in pursuance of their Resolution of the 30^th March, 2005[a], have approved the following provisions which, subject to the Sanction of Her Most Excellent Majesty in Council, shall have force of law in the Bailiwick of Guernsey.

PART I

AMENDMENT OF EMERGENCY POWERS LAW

Amendment of Emergency Powers Law.

1. In sections 1(1) and (2), 2(1) and (2) and 3(1) of the Emergency Powers (Bailiwick of Guernsey) Law, 1965, as amended[b] ("the Law"), and in the Schedule to the Law[c], for the references to the Policy Council (however expressed)[d] substitute references to the Emergency Powers Authority.

2. In section 1(1) of the Law after the words "the essentials of life," insert "or events of such a nature as to jeopardise the economic interests of the Bailiwick of Guernsey or any part thereof,".

3. After section 1(1) of the Law insert the following subsections -

"(1A) The Emergency Powers Authority may also, by order, declare that a state of emergency exists if it appears to the Authority that there is a threat to security, public order or public health within the Bailiwick of Guernsey or any part thereof arising from any act of terrorism which has occurred or is occurring or which the Authority believes is threatened or about to occur.

(1B) In this section "terrorism" has the meaning given by section 1 of the Terrorism and Crime (Bailiwick of Guernsey) Law, 2002[e].".

4. In section 2(1) of the Law -

(a) after the words "for securing the essentials of life to the community," insert "or for -

(a) protecting the economic interests,

(b) maintaining security or public order, or

of or within the Bailiwick of Guernsey or any part thereof,",

(b) for the words "public safety" substitute "security, public order and public health", and

5. In section 2(3) of the Law for the words following "and any person so guilty of an offence" substitute the following -

"shall be liable -

(a) on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 2 years, or to both, or

(b) on summary conviction, to a fine not exceeding level 5 on the uniform scale (or such other sum as the States may by Ordinance prescribe), or to imprisonment for a term not exceeding 6 months, or to both,

together with the forfeiture of any goods or money in respect of which the offence was committed.".

6. After section 2A of the Law[f] insert the following section -

"Oath to be taken by members of Authority.

2B. (1) An oath or affirmation must be taken by every person who -

(a) is a member, permanent or ad hoc, of the Emergency Powers Authority,

(b) attends any meeting of the Authority as a government representative,

(d) performs any task in the course of which he may obtain access to the official records of the Authority.

(2) The oath or affirmation must be taken by the person concerned -

(a) before he begins to act in the performance of his functions as a member or officer of the Authority,

(b) before he attends any meeting of the Authority as a government representative, or (as the case may be)

(3) The oath or affirmation must be taken before the Bailiff.

(4) The oath or affirmation shall be in such form as the States may prescribe by Ordinance, and any such Ordinance -

(a) may prescribe different forms of oath or affirmation for different cases and circumstances, and

(b) may be amended or repealed by a subsequent Ordinance hereunder.

(5) A person violating an oath or affirmation required by this section is guilty of an offence and liable -

(a) on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 2 years, or to both, or

(b) on summary conviction, to a fine not exceeding level 5 on the uniform scale, or to imprisonment for a term not exceeding 6 months, or to both.

(6) For the purposes of this section -

"Authority" means the Emergency Powers Authority,

"Bailiff" means the Bailiff, Deputy-Bailiff, Lieutenant-Bailiff or Juge Délégué,

"government representative" means a person who represents the States of Guernsey, the States of Alderney or the Chief Pleas of Sark,

"member of the Authority" includes its Chairman,

"officer of the Authority" means a person employed, contracted or retained by the States who is responsible to the Authority,

"official records of the Authority" means any information under the control of the Authority and acquired or compiled in the course of the performance of the Authority's functions under this Law.".

7. After section 3 of the Law insert the following section -

"Extension of Law to territorial waters.

3A. The provisions of this Law and of any order and regulations made under it extend to the territorial waters adjacent to the Bailiwick of Guernsey.".

PART II

PROVISIONS AS TO TRANSFER OF FUNCTIONS TO

EMERGENCY POWERS AUTHORITY

Transfer of functions.

8. The relevant functions, rights and liabilities of the Policy Council and of the Chief Minister arising under or by virtue of any enactment are transferred to and vested in, respectively, the Emergency Powers Authority and its Chairman.

Amendment of statutory references.

9. For any reference in a relevant enactment to the Policy Council or the Chief Minister (however expressed) substitute a reference to the Emergency Powers Authority or (as the case may be) its Chairman.

Savings and transitional provisions.

10. Anything done before the date of commencement of this Law or in the process of being done on that date by or in relation to the Policy Council or the Chief Minister under or by virtue of a relevant enactment shall have effect as if done or (as the case may be) may be continued by or in relation to the Emergency Powers Authority or (as the case may be) its Chairman.

Public Functions Law.

11. The provisions of this Part are without prejudice to the provisions of the Public Functions (Transfer and Performance) (Bailiwick of Guernsey) Law, 1991[g].

PART III

GENERAL PROVISIONS

Interpretation.

12. (1) In this Law -

"enactment" means a provision of -

(a) any Law,

(b) any Act of Parliament extended to the Bailiwick,

(d) any statutory instrument, regulation, rule, order, byelaw, scheme, code and other subordinate instrument of a legislative nature made or having effect as if made under an enactment described in paragraph (a), (b) or (c),

"the Law" means the Emergency Powers (Bailiwick of Guernsey) Law, 1965, as amended[h],

"relevant enactment" is an enactment under or by virtue of which a relevant function, right or liability arises,

"relevant functions, rights and liabilities" are those formerly vested in the Emergency Council and its President and transferred to and vested in, respectively, the Policy Council and the Chief Minister by the Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2003[i].

(2) The Interpretation (Guernsey) Law, 1948[j] applies to the interpretation of this Law throughout the Bailiwick.

Citation.

13. This Law may be cited as the Emergency Powers (Bailiwick of Guernsey) (Amendment) Law, 2005.

table
[a]	Article I of Billet d'État No. III of 2005.
[b]	Ordres en Conseil Vol. XX, p. 6; amended by Vol. XXXI, p. 154 and No. XIV of 2001 and by the Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2003 (No. XXXIII of 2003).
[c]	The Schedule was inserted by Vol. XXXI, p. 154.
[d]	References to the Policy Council were substituted for references to the Emergency Council by the Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2003 (No. XXXIII of 2003).
[e]	No. XVI of 2002.
[f]	Section 2A was inserted by Vol. XXXI, p. 154.
[g]	Order in Council No. XXI of 1991.
[h]	Ordres en Conseil Vol. XX, p. 6; amended by Vol. XXXI, p. 154 and No. XIV of 2001 and by the Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2003 (No. XXXIII of 2003).
[i]	Ordinance No. XXXIII of 2003.
[j]	Ordres en Conseil Vol. XIII, p. 355.