A consultation on draft secondary legislation that would set the civil financial penalties tariff for contraventions of Codes of Practice

On 9 December 2014, the States of Jersey approved the Amendment Law. That law, which is now awaiting Privy Council approval, will amend the Commission Law to provide the Commission with the power to impose civil financial penalties on registered persons that commit serious contraventions of a Code of Practice (contraventions which the Commission Law will define as “significant and material”).

This consultation paper seeks views on a draft of the secondary legislation – the Tariff Order – that would set the tariff for civil financial penalties.

The Tariff Order would provide for a tariff with three bands, with the amount of the civil financial penalty being graduated depending on the seriousness, and the circumstances, of the contravention of the Code of Practice.

The amount of the civil financial penalty would be calculated as a percentage of a registered person’s “relevant income” (very broadly speaking, turnover).

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