FEEDBACK ON CONSULTATION PAPER NO. 2 2012 –

1. Consultation on the introduction of a power for the Commission to impose civil penalties for serious, uncorrected or recurring breaches of the Codes of Practice.
2. The Commission received 27 responses to the Consultation Paper, both directly and via Jersey Finance. The Commission is grateful to respondents for taking the time to consider and comment on the Commission’s proposals and the feedback has certainly been invaluable in helping to develop the proposals.
3. A summary of the comments received can be found in Sections 2 to 4 of this Feedback Paper, together with the Commission’s consideration of the comments received.
4. A list of respondents is given in Appendix A.

Next Steps

5. From the responses set out below, it is evident that the Commission is undertaking some further work in certain areas – particularly in respect of the calculation of any civil penalty. The Commission has contacted a number of respondents to the Consultation Paper to ask for their further assistance in this regard.
6. The Commission envisages that any civil penalties regime would need to be introduced by a combination of provisions in primary and secondary legislation, supported by published guidance. Thus in conjunction with the further work outlined at 1.3.1, the next step will be for the Commission to commence work on producing law drafting instructions and drafting guidance. Any draft legislation and draft guidance will be consulted on at a later date. It is difficult to put a definitive time frame on that work but further consultation is unlikely to take place before Q3 2013.

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http://www.jerseyfsc.org/pdf/Feedback_Consultation_Paper_No2_2012_Civil_Penalties_April_2013.pdf