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Disclosure (Bailiwick of Guernsey) (Amendment) (No.3) Ordinance, 2010

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The Disclosure (Bailiwick of Guernsey) (Amendment) (No. 3) Ordinance, 2010

 

THE STATES, in pursuance of their Resolution of the 28th July, 2010[a], and in exercise of the powers conferred on them by section 14 of the Disclosure (Bailiwick of Guernsey) Law, 2007[b] and all other powers enabling them in that behalf, hereby order:-

 

Amendment of the Law.

1.      Section 4 of the Disclosure (Bailiwick of Guernsey) Law, 2007, as amended, is further amended as follows -

 

(a)      for subsection (1)(b), substitute -

 

"(b)      he discloses to any other person information or any other matter about, or relating to, that knowledge or suspicion.", and

 

(b)      immediately after subsection (1), insert the following subsections -

 

"(1A)      Nothing in subsection (1) makes it an offence for any person to disclose any information or matter if the disclosure is for any of the purposes set out in subsection (1B).

 

(1B)      The purposes are -

 

(a)      the prevention, detection, investigation or prosecution of criminal offences, whether in the Bailiwick or elsewhere,

 

(b)      the prevention, detection, or investigation of conduct for which penalties other than criminal penalties are provided under the law of any part of the Bailiwick or of any country outside the Bailiwick,

 

(c)      the carrying out -

 

(i)      by the Commission, or

 

(ii)      by a body in another country which carries out similar functions to the Commission,

 

of its functions,

 

(d)      the carrying out of any functions of any intelligence service, or

 

(e)      the carrying out of any function which appears to the Home Department to be a function of a public nature and which it designates as such by order.", and

 

(c)      subsection 4 is repealed.

 

Extent.

2.      This Ordinance has effect throughout the Bailiwick of Guernsey.

 

Citation.

3.      This Ordinance may be cited as the Disclosure (Bailiwick of Guernsey) (Amendment) (No. 3) Ordinance, 2010.

 

Commencement.

4.      This Ordinance shall come into force on the 28th July, 2010.

 

 

 


[a]

Article V of Billet d'√Čtat No. XVII of 2010.

[b]

Order in Council No. XVI of 2007; amended by Ordinance No. XXXIX of 2008, the Disclosure (Bailiwick of Guernsey) (Amendment) Ordinance, 2010 and the Disclosure (Bailiwick of Guernsey) (Amendment) (No.2) Ordinance, 2010.