Connétables (Amendment No. 2) (Jersey) Law 201-

A LAW to amend further the Connétables (Jersey) Law 2008, the Bankruptcy (Désastre) (Jersey) Law 1990 and the States of Jersey Law 2005

Adopted by the States                                             17th January 2018

Sanctioned by Order of Her Majesty in Council  [date to be inserted]

Registered by the Royal Court                              [date to be inserted]

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

1        Connétables (Jersey) Law 2008: provisions inserted

After Article 4A of the Connétables (Jersey) Law 2008[1] there shall be inserted the following Articles –

“4B   Qualification for election as Connétable

(1)     A person shall, unless disqualified by paragraph (2), Article 4C or any other enactment, be qualified for election as a Connétable if he or she –

(a)     is of full age; and

(b)     is a British citizen who has been ordinarily resident in Jersey –

(i)      for a period of at least 2 years up to and including the day of the election, or

(ii)      for a period of at least 6 months up to and including the day of the election, as well as having been so resident at any time for an additional period of (or additional periods totalling) at least 5 years.

(2)     A person shall be disqualified for election if he or she is a paid officer in the service of the States or any administration of the States, unless he or she is permitted, by or under the Employment of States of Jersey Employees (Jersey) Law 2005[2], to stand for election as a Connétable.

(3)     A retiring Connétable who is not disqualified by this Law or any other enactment shall be eligible for re-election.

4C     Disqualification for election or office

(1)     A person shall be disqualified for election as a Connétable if that person –

(a)     holds any paid office or other place of profit under the Crown;

(b)     is a member of the States of Jersey Police Force;

(c)     is compulsorily detained or subject to guardianship under the Mental Health (Jersey) Law 1969[3];

(d)     has a curator of his or her person or property;

(e)     has an attorney without whom he or she may not act in matters movable or immovable;

(f)      subject to paragraphs (3) or (4), has become bankrupt or made a composition or arrangement with his or her creditors;

(g)     has been convicted of an offence under the Corruption (Jersey) Law 2006[4] by virtue of being, within the meaning of that Law, a public official or a member, officer or employee of a public body;

(h)     within the 7 years immediately preceding the date of his or her election, or since that election, has been convicted, whether or not in Jersey or elsewhere, of any offence and liable to be imprisoned for a period of not less than 3 months, without the option of a fine.

(2)     A person shall be disqualified from holding office as a Connétable by reason of –

(a)     ceasing to be a British citizen; or

(b)     not being resident in Jersey for a period of more than 6 months.

(3)     The disqualification attaching to a person by reason of his or her having become bankrupt shall cease –

(a)     if the person pays his or her debts in full on or before the conclusion of the bankruptcy proceedings, on the day the proceedings are concluded;

(b)     in any other case, on the expiry of 5 years from the day the proceedings are concluded.

(4)     The disqualification attaching to a person by reason of his or her having made a composition or arrangement with his or her creditors shall cease –

(a)     if the person pays his or her debts in full, on the day on which the payment is completed;

(b)     in any other case, on the expiry of 5 years from the day on which the terms of the composition or arrangement are fulfilled.

4D     Supervisory jurisdiction of the Royal Court

Nothing in Article 4B or 4C shall be taken to derogate in any way from the supervisory jurisdiction of the Royal Court in relation to the office of Connétable.”.

2        States of Jersey Law 2005 amended

Article 4A of the States of Jersey Law 2005[5] shall be deleted.

3        Bankruptcy (Désastre) (Jersey) Law 1990: Article 24 amended

In Article 24(1) of the Bankruptcy (Désastre) (Jersey) Law 1990[6], in the definition “public office” the word “Connétable,” shall be deleted.

4        Citation and commencement

This Law may be cited as the Connétables (Amendment No. 2) (Jersey) Law 201- and shall come into force 7 days after the day on which it is registered.

 

 

 


 



[1]                                    chapter 16.250

[2]                                    chapter 16.325

[3]                                    chapter 20.650

[4]                                    chapter 08.090

[5]                                    chapter 16.800

[6]                                    chapter 04.160


Page Last Updated: 31 Jan 2018