Regulation of Fiduciaries, Administration Businesses and Company Directors, etc (Bailiwick of Guernsey) (Amendment) Law, 2008

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PROJET DE LOI

ENTITLED

 

The Regulation of Fiduciaries, Administration Businesses and Company Directors, etc (Bailiwick of Guernsey) (Amendment) Law, 2008

 

THE STATES, in pursuance of their Resolution of the 25th 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 2000 Law.

1.      The Regulation of Fiduciaries, Administration Businesses and Company Directors, etc (Bailiwick of Guernsey) Law, 2000 as amended[b] ("the 2000 Law"), is further amended as follows.

 

Amendment of section 19 of the 2000 Law.

2.      In section 19 of the 2000 Law -

 

(a)      for subsection (4) substitute -

 

"(4)      The grounds of an appeal under this section are that -

 

(a)      the decision was ultra vires or there was some other error of law,

 

(b)      the decision was unreasonable,

 

(c)      the decision was made in bad faith,

 

(d)      there was a lack of proportionality, or

 

(e)      there was a material error as to the facts or as to the procedure ",

 

(b)      in subsection (8) for the words, numbers, brackets and letters "described in subsection (1)(c) or (f) or (k)" substitute the words "of the Commission", and

 

(c)      after subsection (11) insert the following subsection -

 

"(12)      In subsections (10) and (11) "the Royal Court" means the Royal Court sitting as an Ordinary Court, constituted by the Bailiff sitting unaccompanied by the Jurats; and for the purposes of an appeal under this section the Royal Court may appoint one or more assessors to assist it in the determination of any matter before it.".

 

Interpretation.

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

 

Citation.

4.      This Law may be cited as the Regulation of Fiduciaries, Administration Businesses and Company Directors, etc (Bailiwick of Guernsey) (Amendment) Law, 2008.      

 

 

[a]

Article IV on Billet d'État XIX of 2007.
[b]

Order in Council No. I of 2001; amended by No. XIV of 2003; and by the Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2003 (No. XXXIII of 2003).
[c]

Ordres en Conseil Vol. XIII, p. 355.




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