Banking Supervision (Bailiwick of Guernsey) (Amendment) (No. 2) Law, 2008

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Please note that this legislation has been repealed by the Banking Supervision (Bailiwick of Guernsey) Law, 2020

PROJET DE LOI

ENTITLED

The Banking Supervision (Bailiwick of Guernsey) (Amendment) (No. 2) Law, 2008

THE STATES, in pursuance of their Resolution of the 25^th July, 2007[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.

Amendment of Banking Supervision (Bailiwick of Guernsey) Law, 1994.

1. The Banking Supervision (Bailiwick of Guernsey) Law, 1994, as amended[b], is amended as follows.

2. For section 25(13)[c] substitute -

"(13) A statement made by a person in response to a requirement imposed by or under any provision of this section may not be used in evidence against him in any criminal proceedings except -

(a) in proceedings for an offence under subsection (12) or section 47(1)(b) (but only in relation to a requirement imposed by or under this section), or

(b) in proceedings for some other offence where in giving evidence he makes a statement inconsistent with it.

(13A) A statement may not be used by virtue of subsection (13)(b) against a person unless -

(a) evidence relating to it is adduced, or

(b) a question relating to it is asked,

by or on behalf of that person in the proceedings arising out of the prosecution.".

3. For section 26A(6)[d] substitute -

"(6) A statement made by a person in response to a requirement imposed under a warrant granted under section 26 may not be used in evidence against him in any criminal proceedings except -

(a) in proceedings for an offence under subsection (5) or section 47(1)(b) (but only in relation to a requirement imposed by or under this section), or

(b) in proceedings for some other offence where in giving evidence he makes a statement inconsistent with it.

(7) A statement may not be used by virtue of subsection (6)(b) against a person unless -

(a) evidence relating to it is adduced, or

(b) a question relating to it is asked,

by or on behalf of that person in the proceedings arising out of the prosecution.".

4. For section 27(9)[e] substitute -

"(9) A statement made by a person in response to a requirement imposed by or under any provision of this section may not be used in evidence against him in any criminal proceedings except -

(a) in proceedings for an offence under subsection (8) or section 47(1)(b) (but only in relation to a requirement imposed by or under this section), or

(b) in proceedings for some other offence where in giving evidence he makes a statement inconsistent with it.

(9A) A statement may not be used by virtue of subsection (9)(b) against a person unless -

(a) evidence relating to it is adduced, or

(b) a question relating to it is asked,

by or on behalf of that person in the proceedings arising out of the prosecution.".

5. For section 28(4)[f] substitute -

"(4) A statement made by a person in response to a requirement imposed by or under any provision of this section may not be used in evidence against him in any criminal proceedings except -

(a) in proceedings for an offence under subsection (3) or section 47(1)(b) (but only in relation to a requirement imposed by or under this section), or

(b) in proceedings for some other offence where in giving evidence he makes a statement inconsistent with it.

(4A) A statement may not be used by virtue of subsection (4)(b) against a person unless -

(a) evidence relating to it is adduced, or

(b) a question relating to it is asked,

by or on behalf of that person in the proceedings arising out of the prosecution.".

6. For section 29(6)[g] substitute -

"(6) A statement made by a person in response to a requirement imposed by or under any provision of this section may not be used in evidence against him in any criminal proceedings except -

(a) in proceedings for an offence under subsection (5) or section 47(1)(b) (but only in relation to a requirement imposed by or under this section), or

(b) in proceedings for some other offence where in giving evidence he makes a statement inconsistent with it.

(7) A statement may not be used by virtue of subsection (6)(b) against a person unless -

(a) evidence relating to it is adduced, or

(b) a question relating to it is asked,

by or on behalf of that person in the proceedings arising out of the prosecution.".

Amendment of Banking Supervision (Bailiwick of Guernsey) (Amendment) Law, 2008.

7. Sections 4, 6(b), 7(b) and 8(b) of the Banking Supervision (Bailiwick of Guernsey) (Amendment) Law, 2008 are repealed.

Interpretation.

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

Citation.

9. This Law may be cited as the Banking Supervision (Bailiwick of Guernsey) (Amendment) (No. 2) Law, 2008.

Commencement.

10. This Law shall come into force on the day appointed by Ordinance of the States; and different days may be appointed for different provisions of this Law or for different purposes.

[a]	Articles IV and V of Billet d'État No. XIX of 2007.
[b]	Order in Council No. XIII of 1994; amended by Nos. XVII and XXI of 2002; No. XVI of 2003; Ordinance No. XXXIII of 2003; Guernsey S.I. No. 1 of 2008 and by the Banking Supervision (Bailiwick of Guernsey) (Amendment) Law, 2008.
[c]	Section 25(13) was substituted by section 4 of the Banking Supervision (Bailiwick of Guernsey) (Amendment) Law, 2008.
[d]	Section 26A(6) was inserted by section 5 of the Banking Supervision (Bailiwick of Guernsey) (Amendment) Law, 2008.
[e]	Section 27(9) was substituted by section 6(b) of the Banking Supervision (Bailiwick of Guernsey) (Amendment) Law, 2008.
[f]	Section 28(4) was substituted by section 7(b) of the Banking Supervision (Bailiwick of Guernsey) (Amendment) Law, 2008.
[g]	Section 29(6) was substituted by section 8(b) of the Banking Supervision (Bailiwick of Guernsey) (Amendment) Law, 2008.
[h]	Ordres en Conseil Vol. XIII, p. 355.