States of Jersey
Law 2005
A LAW regarding the constitution and
proceedings of the States, to declare and define the powers, privileges and
immunities of the States, and to establish a ministerial system of government.
Commencement [see endnotes]
WHEREAS it is recognized that Jersey has
autonomous capacity in domestic affairs;
AND WHEREAS it is further recognized that there is an increasing
need for Jersey to participate in matters of international affairs;
AND
WHEREAS Jersey wishes to
enhance and promote democratic, accountable and responsive governance in the
island and implement fair, effective and efficient policies, in accordance with
the international principles of human rights –
THE
STATES,
subject to the sanction of Her Most Excellent Majesty in Council, have adopted
the following Law –
PART 1
INTRODUCTORY
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“Assistant Minister”
means a person appointed as such under Article 25;
“Chief Minister”
means the person appointed as such under Article 19;
“Council of
Ministers” shall be construed in accordance with Article 18(1);
“document”
includes accounts, deeds, papers, records, writings and information recorded in
any form and, in relation to information recorded otherwise than in legible
form, references to its provision or production include references to providing
or producing a copy of the information in legible form;
“elected member”
means a Connétable or Deputy;
“lodge” means
lodge au Greffe in accordance with standing orders;
“member of the
States” shall be construed in accordance with Article 2(1);
“Minister”
means a person appointed as such under Article 19 or 23;
“officer of the
States” means the Greffier of the States, the Deputy Greffier of the
States, an Acting Greffier of the States or the Viscount;
“precincts of the
States” means –
(a) the
States’ Chamber;
(b) any
rooms whilst provided for the exclusive use or accommodation of members of the
States;
(c) the
galleries and places provided for the use or accommodation of strangers,
members of the public and representatives of the press,
and, while the States are
meeting, includes those parts of the building giving direct access to the
States’ Chamber;
“standing orders”
means standing orders prepared and adopted under Article 48;
“stranger”
means any person other than the Deputy Bailiff, a member of the States or an
officer of the States.[1]
(1A) In
this Law “States’ proceedings” means all words spoken or
written and acts done in the course of, or for the purposes of or necessarily
incidental to, transacting the business of the States or any committee or panel
established under standing orders including (without limiting this definition) –
(a) the
giving of evidence before the States or a committee, panel or officer authorised
to receive that evidence;
(b) the
presentation or submission of a document to the States, or a committee, panel or
officer authorised to receive it, once that document is accepted by the States
or by that committee, panel or officer;
(c) the
preparation of a document for the purposes of transacting the business of the States,
a committee or panel;
(d) the
formulation, making or publication of a document by the States, a committee or
panel;
(e) any
evidence, document or submission made for the purposes of carrying on any
business of the States, a committee or panel.[2]
(1B) However,
“States’ proceedings” does not include anything done by the
States or any such committee or panel when exercising any executive or
administrative powers conferred by or under any enactment other than this Law.[3]
(2) A
reference to an administration of the States includes any committee or panel
established by standing orders, other than a committee of inquiry.
(3) The
States may by Regulations amend the definition “precincts of the States”
in paragraph (1).
PART 2
CONSTITUTION OF STATES
2 Constitution
of the States
(1) The
States of Jersey are constituted as follows –
the Bailiff;
the Lieutenant-Governor;
the Connétables of
the 12 Parishes of Jersey, who are members of the States by virtue of their
office;
37 Deputies, elected
as provided by this Law;
the Dean of Jersey;
the Attorney General;
the Solicitor General.[4]
(2) All
members of the States shall have the right to speak in the Assembly.
(3) Only
elected members shall have the right to vote in the Assembly.
3 Presidency
of the States
(1) The
Bailiff shall be President of the States.
(2) If
both the Bailiff and Deputy Bailiff are unable to preside at a meeting of the
States, the Bailiff shall choose an elected member, the Greffier of the States
or the Deputy Greffier of the States to preside at the meeting.
(3) Subject
to standing orders, the person chosen to preside at a meeting of the States
under paragraph (2) shall, while presiding at the meeting, have the same
powers as the Bailiff when presiding at such a meeting.
(4) An
elected member presiding at a meeting of the States shall not have the right to
vote.
Part 2A[5]
election
of deputies
4 Constituencies
(1) [6]
(2) For
the purpose of the election of Deputies –
(a) Jersey
shall be divided into the constituencies mentioned in column 1 of Schedule 1;
and
(b) each
such constituency shall return the number of Deputies specified in column 2 of Schedule 1
in relation to that constituency.
(3) The
States may by Regulations amend Schedule 1 so as to alter, combine, split
and rename the constituencies there mentioned and, subject to paragraph (4),
amend the number of Deputies there specified in relation to a constituency.
(4) The
total number of Deputies specified shall remain 37.[7]
4A [8]
5 Term
of office[9]
(1) The term of office of a
Deputy for a constituency –
(a) begins
with the day on which the person elected as Deputy takes the oath of that
office; and
(b) ends
with the earlier of –
(i) the first day on
which a Deputy elected for that constituency at the next ordinary election
takes the oath of that office, or
(ii) the
resignation of the Deputy in accordance with Article 12.[10]
(2) Article 8 makes
provision about disqualification from office.[11]
5A Transitional
provision for the 2022 ordinary election[12]
(1) This Article applies in
relation to a person who, immediately before the 2022 ordinary election, holds
office as a Deputy for a constituency (a “pre-2022 constituency”).
(2) Where the
Deputy’s pre-2022 constituency comprises an area within St. Helier,
Article 5 has effect in relation to the Deputy as if for
sub-paragraph (b)(i) there were substituted –
“(i) the first day on which
a Deputy elected for any of the constituencies of St. Helier South,
St. Helier Central or St. Helier North at the next ordinary election
takes the oath of that office, or”.
(3) In any other case,
Article 5 has effect in relation to the Deputy as if the reference in Article 5(1)(b)(i)
to “that constituency” were a reference to the constituency that
includes, or corresponds to, the Deputy’s pre-2022 constituency.[13]
(4) In paragraph (1), the
reference to the 2022 ordinary election is a reference to the election held in
accordance with Article 6(1).
6 Ordinary
elections for Deputies[14]
(1) An ordinary election
for Deputies is to be held on 22nd June 2022.
(2) A subsequent ordinary
election for Deputies is to be held in the fourth calendar year (an
“election year”) following that in which the previous ordinary
election was held.
(3) The States may by Act
appoint the date in an election year on which the ordinary election is to be
held.
6A [15]
7 Qualification
for election as Deputy[16]
(1) A
person shall, unless disqualified by paragraph (2) or Article 8(1) or
any other enactment, be qualified for election as a Deputy if he or
she –
(a) is of
full age; and
(b) is a
British citizen who has been –
(i) ordinarily
resident in Jersey for a period of at least 2 years up to and including the day
of the election, or
(ii) ordinarily
resident in Jersey for a period of 6 months up to and including the day of the
election, as well as having been ordinarily resident in Jersey at any time for
an additional period of, or for additional periods that total, at least 5
years.[17]
(2) A
person shall be disqualified for election as a Deputy, 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, to stand for election as
a Deputy.[18]
(3) A
retiring Deputy who is not disqualified by this Law or any other enactment
shall be eligible for re-election.[19]
8 Disqualification
for office as Deputy[20]
(1) A
disqualified person may not be elected as, or take the oath of the office of,
Deputy.
(2) A
person who is an elected Deputy ceases to hold office upon –
(a) becoming
a disqualified person;
(b) ceasing
to be a British citizen;
(c) the
expiry of a period of 6 months during which the person has not been resident
in Jersey,
(and accordingly the office
becomes vacant for the purposes of Article 13).
(3) A
“disqualified person” is a person who –
(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
detained in an approved establishment or is subject to guardianship under the Mental Health (Jersey) Law 2016;
(d) is a person in respect
of whom a delegate has been appointed under Part 4 of the Capacity and
Self-Determination (Jersey) Law 2016;
(e) has an attorney without whom he or she may
not act in matters movable or immovable;
(f) has become bankrupt or made a
composition or arrangement with his or her creditors (subject to
paragraphs (4) and (5));
(g) has been convicted
of an offence under the Corruption (Jersey) Law 2006 by virtue of being, within the meaning of that Law, a public
official or a member, officer or employee of a public body; or
(h) has
been convicted, whether in Jersey or elsewhere, of any offence and ordered to
be imprisoned for a period of not less than 3 months, without the option
of a fine (subject to paragraph (7)).
(4) A
person who has become bankrupt ceases to be a “disqualified person”
by reason of paragraph (3)(f) –
(a) if
the person pays his or her debts in full on or before the day on which the
bankruptcy proceedings conclude, on the day the proceedings are concluded; or
(b) in
any other case, on the expiry of the period of 5 years beginning with the
day on which the bankruptcy proceedings are concluded.
(5) A
person who has made a composition or arrangement with his or her creditors
ceases to be a “disqualified person” by reason of
paragraph (3)(f) –
(a) if
the person pays his or her debts in full, on the day on which the final payment
is made;
(b) in
any other case, on the expiry of the period of 5 years beginning with the
day on which the terms of the composition or arrangement are fulfilled.
(6) Paragraph (7)
applies to a person who has been convicted of an offence by reference to which
paragraph (3)(h) applies (the “disqualification offence”).
(7) The
person ceases to be a “disqualified person” by reason of
paragraph (3)(h) on the expiry of the period of 7 years beginning
with the day of the person’s conviction for the disqualification offence.
(8) Article 18(2)
of the Public Elections (Expenditure and Donations) (Jersey) Law 2014 makes further provision about disqualification following conviction
for an offence under that Law.
9 Declaration
to be made when nominated
(1) Subject
to paragraph (1A), a person seeking election as a Deputy shall, at the
time of his or her nomination (see Article 17D of the Elections
(Jersey) Law 2002), be required to make a declaration, in writing –
(a) that
he or she is qualified for being elected by virtue of this Law or any other
enactment;
(b) of
his or her convictions, whether in Jersey or elsewhere, which are not spent
convictions;
(c) notwithstanding
the Rehabilitation
of Offenders (Jersey) Law 2001, of his or her spent convictions,
whether in Jersey or elsewhere, for any of the following offences –
(i) treason,
(ii) murder,
(iii) manslaughter,
(iv) any
offence that is a relevant offence within the meaning of the Sex Offenders
(Jersey) Law 2010,
(v)
(vi)
(vii) any offence
committed when the person seeking election was of full age, against another
person who was not, at the time of the offence, of full age,
(viii) fraud or any like
offence,
(ix) obtaining
property by false pretences,
(x) theft,
(xi) perjury,
(xii) perverting
the course of justice,
(xiii) an offence mentioned
in the definition “drug trafficking” in Article 1(1) of the Misuse of Drugs
(Jersey) Law 1978,
(xiv) an offence of
attempt to commit any of the offences in clauses (i) to (xiii),
(xv) an offence
of conspiracy or incitement to commit any of the offences in clauses (i)
to (xiii),
(xvi) an offence of
aiding, abetting, counselling or procuring any of the offences in clauses (i)
to (xv).[21]
(1A) A
person is not required to make a declaration of a conviction for an act which
would not, by reference to Article 12 of the Sexual Offences (Jersey)
Law 2007, result in a conviction if it had been committed in Jersey on or
after 12th January 2007. [22]
(2) [23]
(3) A
person who knowingly makes a false declaration under paragraph (1) shall
be guilty of an offence and liable to a fine of level 3 on the standard
scale.[24]
(4) The
States may by Regulations amend paragraph (1)(c) so as to vary, add or
omit any description of offence for which a spent conviction must be disclosed.
(5) [25]
(6) In
this Article, “spent conviction” has the same meaning as in the Rehabilitation
of Offenders (Jersey) Law 2001.
10 Disqualification
of elected member for holding certain offices or employments
(1) A
person who becomes an elected member, on taking oath of the office to which he
or she is elected, shall cease to hold any paid office or employment in the
service of the States or any administration of the States or in the service of
any parochial authority.
(2) An
elected member shall be disqualified for appointment to any paid office or
employment in the service of the States or any administration of the States or
in the service of any parochial authority.
11 Oath
of office[26]
The oath of office of
Deputies shall be in the form set out in Part 1 of Schedule 2.
12 Resignation
of Deputy[27]
(1) A
Deputy may, at any time, resign his or her office by notice in writing signed
by him or her and delivered to the Bailiff.[28]
(2) The
Bailiff shall inform the States of such a resignation at their next meeting.
(3) A
resignation shall take effect when the States are informed of it under
paragraph (2).
13 Casual
vacancy in office of Deputy[29]
(1) This
Article applies where a casual vacancy occurs in the office of Deputy, being a
vacancy occurring otherwise than upon retirement of the officeholder under
Article 5.[30]
(2) The
Bailiff shall forthwith inform the Attorney General of the vacancy.
(3) The
Attorney General, on being informed of the vacancy, shall forthwith notify the
Royal Court.
(4) The
Royal Court, on being informed of the vacancy, shall subject to paragraph (5),
make an order under the Elections
(Jersey) Law 2002 for an election to fill the vacancy to be held as
soon as is convenient and, in any case, no later than the expiry of such period
following the occurrence of the vacancy as may be provided for in standing
orders.[31]
(5) Where
the vacancy occurs less than 6 months before an ordinary election under
Article 6 –
(a) the
Royal Court shall not order an election to fill the vacancy; and
(b) the
vacancy shall be filled at the next ordinary election.[32]
(6) [33]
(7) [34]
(8) The
States may by Regulations amend the period in paragraph (5).[35]
14 [36]
PART 3
PROCEEDINGS OF THE STATES
15 Quorum
The States shall be
lawfully constituted and may conduct any business which it is in their power to
conduct if there are present no less than one half of the elected members.[37]
16 Decisions
(1) Subject
to this Law and any other enactment, whenever passed, all matters coming or
arising before the States shall be done and decided by a majority of the
members present and voting on them.
(2) If,
on any matter before the States, the votes are equally divided, the matter
shall be determined in the negative.
17 Validity
of acts and proceedings
(1) The
acts and proceedings of any person elected to the States and acting as a member
of the States shall, notwithstanding that person’s want of qualification
or disqualification, be valid and effectual as if that person had been
qualified.
(2) The
proceedings of the States shall not be invalidated by any vacancy among their
number or by any defect in the election or qualification of any member of the
States.
PART 4
MINISTERS
18 Council
of Ministers
(1) There
shall be a Council of Ministers whose members shall be the Chief Minister and
at least 7 Ministers.[38]
(2) The
functions of the Council of Ministers shall be –
(a) co-ordinating
the policies and administration for which they are responsible as Ministers;
(b) discussing
and agreeing policy which affects 2 or more of them;
(c) discussing
and agreeing their common policy regarding external relations;
(d) prioritizing
executive and legislative proposals;
(e) agreeing
and lodging for referral to one or more Scrutiny Panels established under
standing orders and approval by the States, a statement of their common
strategic policy;
(ea) discussing and agreeing, on a regular basis and at least
annually, their common policy on population; and
(f) such
other matters as the Chief Minister or the Council of Ministers may determine.[39]
(2A) The
Council of Ministers must lodge the statement of their common strategic policy under
paragraph (2)(e) –
(a) no
later than the day on which the first government plan is lodged; and
(b) within
4 months of their appointment under Article 19(7).[40]
(2B) In
paragraph (2A), “first government plan” means the first government
plan (as defined in the Public Finances
(Jersey) Law 2019) prepared by the Council of Ministers after their
appointment under Article 19(7).[41]
(3) The
functions of the Chief Minister shall include –
(a) co-ordinating,
through the Council of Ministers, the discharge of the common functions
described in paragraph (2);
(b) conducting
external relations, concurrently with the Minister for External Relations, in
accordance with the common policy agreed by the Council of Ministers.[42]
(3A) The
Chief Minister and Ministers shall –
(a) for
the purpose of reaching policy decisions, provide policy direction to officers,
having given fair consideration and due weight to informed and impartial advice
from such officers; and
(b) agree
and, within 3 months of being appointed to office under Article 19(7),
present to the States a code of conduct and a code of practice for Ministers
and Assistant Ministers.[43]
(3B) The
Council of Ministers may, after consultation with a Minister, give the Minister
directions concerning a policy for which the Minister is responsible, where the
policy –
(a) falls
within the functions of the Council of Ministers, described in paragraph (2);
and
(b) appears
to the Council of Ministers to affect the public interest.[44]
(3C) Directions
may not be given as to the exercise of any function conferred by an
enactment, or so as to influence the exercise of such a function.[45]
(3D) A
Minister shall comply with directions given to him or her under paragraph (3B).[46]
(4) The
minutes of the proceedings of a meeting of the Council of Ministers shall
be –
(a) drawn
up and entered, by an officer provided by the Greffier of the States, in a book
kept for that purpose by the Greffier of the States; and
(b) signed
at the same or an ensuing meeting of the Council by the person presiding at the
meeting.
(5) The
minutes so drawn up and entered in the book shall be complete and accurate in
all material particulars.
(6) The
States may by Regulations amend the minimum number of Ministers in paragraph (1).[47]
19 Selection
and appointment of Council of Ministers
(1) The
States shall, in accordance with standing orders and following any of the
events described in paragraph (2), select an elected member for
appointment as Chief Minister.[48]
(2) The
events are –
(a) each
ordinary election for Deputies;
(b) the
Chief Minister ceasing to be an elected member;
(c) the
resignation from office of the Chief Minister;
(d) the
death of the Chief Minister;
(e) the
Chief Minister being incapacitated, by reason of any illness or injury, so as
to be unable to discharge the functions of his or her office, for a period
exceeding 8 weeks;
(f) a
decision that the States have no confidence in the Chief Minister or in the
Council of Ministers;
(g) a
person ceasing to be Chief Minister designate (otherwise than upon his or her
appointment as Chief Minister).
(3) The
Chief Minister designate shall, in accordance with standing orders –
(a) nominate
elected members for appointment as Ministers; and
(b) propose
the Ministerial office to which each nominee would be assigned.[49]
(4) An
elected member –
(a) may, in
accordance with standing orders, nominate one or more elected members for
appointment as Ministers; and
(b) shall,
when making such a nomination, propose the Ministerial office to which the
nominee would be assigned.[50]
(5) The
States shall then, in accordance with standing orders, select, for each
Ministerial office, from the persons nominated and proposed for assignment to
that office, an elected member for appointment as a Minister and assignment to
that office.[51]
(6) The
Chief Minister designate may, at any time before his or her appointment to
office under paragraph (7), inform the States of his or her wish to step
down and, upon doing so, shall cease to be Chief Minister designate.[52]
(7) Upon
the States making the last selection under paragraph (5) required to
complete the constitution of the Council of Ministers, the Chief Minister
designate and the persons selected are appointed to office.[53]
(8) Where
one of the events described in paragraph (2)(b) to (f) occurs within the
period of 8 weeks preceding an ordinary election for Deputies, the States may
decide not to make any selection and appointment following the event.
(9) In
this Article, “Chief Minister designate” means a person selected
under paragraph (1) but not yet appointed as Chief Minister.
(10) The
States may by Regulations amend the period mentioned in paragraph (8).
20 Chief
Minister ineligible for other ministerial office[54]
The Chief Minister shall
be ineligible for appointment as a Minister or Assistant Minister.
21 Term
of office and dismissal of Ministers
(1) Subject
to this Article –
(a) the
Chief Minister shall continue in office until a further appointment takes
effect under Article 19(7);
(b) an
elected member shall continue in a Ministerial office until –
(i) he or she is
appointed to another Ministerial office under Article 23,
(ii) the
Ministerial office is abolished, or
(iii) a
further appointment takes effect under Article 19(7).[55]
(2) The
Chief Minister shall cease to hold office upon his or her ceasing to be a
Deputy by reason of disqualification for office.[56]
(3) Any
other Minister shall cease to hold office upon –
(aa) his or her
resignation under Article 22;
(a) his
or her dismissal under paragraph (4);
(b) his
or her ceasing to be an elected member; or
(c) the
States voting that they have no confidence in the Minister.[57]
(4) Only
the Chief Minister may dismiss a Minister.[58]
(5) The
Chief Minister shall take steps, as soon as possible, to inform the following
persons of the dismissal of a Minister –
(a) the
Minister dismissed;
(b) other
States members; and
(c) States
employees working in any administration of the States for which the dismissed Minister
was assigned responsibility.[59]
(6)[60]
(7)[61]
21A [62]
21B Transitional
provision for the 2022 ordinary election[63]
(1) For
the purposes of Article 21(3)(b), a 2022 departing Senator is not to be
treated as ceasing to be an elected member until the first day on which a
Deputy elected for any constituency at the 2022 ordinary election takes the
oath of that office (and the reference in Article 21(1)(b) to an
“elected member” is to be construed accordingly).
(2) In
this Article –
(a) “2022
departing Senator” means a person who, immediately before the 2022
ordinary election –
(i) holds office as a
Senator; and
(ii) holds
a Ministerial office (but is not the Chief Minister); and
(b) references
to the 2022 ordinary election are references to the election held in accordance
with Article 6(1).
22 Resignation
of Minister
(1) The
Chief Minister may resign from his or her office by notice in writing, signed
by the Chief Minister and delivered to the Bailiff.
(2) The
Bailiff shall inform the States of the resignation of the Chief Minister at the
next meeting of the Assembly.
(3) Any
other Minister may resign from his or her office by notice in writing signed by
that Minister and delivered to the Chief Minister.
(4) The
Chief Minister shall inform the States of the resignation of a Minister at the
next meeting of the Assembly.
23 Subsequent
appointment of Minister
(1) Where
a Minister resigns or a vacancy arises in the office of Minister the Chief
Minister shall, in accordance with standing orders, nominate an elected member
for appointment as Minister, proposing also the Ministerial office to which
that person would be assigned.[64]
(2) The
Chief Minister shall not be required to make a nomination under paragraph (1)
where, in accordance with standing orders, and following the resignation or
vacancy, the States are required to make a selection under Article 19(1).[65]
(3) Where
a nomination has been made under paragraph (1), an elected member may, in
accordance with standing orders, nominate an elected member for appointment as
Minister for assignment to the Ministerial office proposed under paragraph (1).[66]
(4) The
States shall then, in accordance with standing orders, select, from the persons
nominated, an elected member for appointment as a Minister and assignment to
the Ministerial office proposed and, upon the selection being made, the person
selected is appointed to office.[67]
24 Appointment
and dismissal of Deputy Chief Minister
(1) The
Chief Minister –
(a) shall
appoint one of the Ministers to be Deputy Chief Minister; and
(b) may
dismiss the person so appointed.
(2) The
Chief Minister shall inform the States of any such appointment or dismissal.
25 Appointment
and dismissal of Assistant Ministers
(1) The
Chief Minister and Ministers may each –
(a) appoint
one or more elected members as his or her Assistant Ministers; and
(b) dismiss
any of his or her Assistant Ministers.[68]
(2) A
Minister may only appoint or dismiss an Assistant Minister with the prior
consent of the Chief Minister.
(3) [69]
(4) An
Assistant Minister may resign from his or her office by notice in writing
signed by that Assistant Minister and delivered to the Minister that he or she
assists.
(5) An
Assistant Minister shall cease to hold office upon the Minister whom he or she
assists ceasing, for any reason, to hold office.[70]
(6) [71]
25A Limit on number of
Ministers and Assistant Ministers[72]
(1) The
aggregate of the Chief Minister, Ministers and Assistant Ministers shall not
exceed the limit set out in standing orders.[73]
(2) An
appointment of a Minister or Assistant Minister that would cause the limit set
out in standing orders to be exceeded shall be of no effect.[74]
26 Status of Minister
(1) Each Minister shall be
a corporation sole having –
(a) subject
to Article 29A, perpetual succession;
(b) an
official seal, which shall be authenticated by the signature of the Minister or
of any person authorized by the Minister to act in that behalf;
(c) the
power to –
(i) enter into
agreements for any purpose of his or her office,
(ii) acquire,
hold and dispose of movable property,
(iii) do
any other thing which the Minister can do by virtue of his or her office, and
(iv) do
anything reasonably necessary or expedient for or incidental to any of the
matters referred to in the foregoing clauses.
(2) A Minister may, in the
name of his or her office –
(a) sue
and be sued in any civil proceedings; and
(b) be
charged with an offence and defend criminal proceedings.
(3) The official seal of a
Minister shall be judicially noticed.
(4) Every document
purporting to be an instrument made or issued by a Minister and to be sealed
with the Minister’s official seal, authenticated in accordance with paragraph (1)(b),
shall be –
(a) received
in evidence; and
(b) deemed
to be so made or issued without further proof, unless the contrary is shown.
(5) A certificate signed by
the Minister that any instrument purporting to be made or issued by the
Minister was so made or issued shall be conclusive evidence of that fact.
(6) The senior officer in
any administration of the States for which a Minister is assigned
responsibility shall be accountable to that Minister in respect of policy
direction.
(7) In this
Article –
“Minister” includes the Chief Minister;
“officer” means a States’ employee within the
meaning of the Employment of States of
Jersey Employees (Jersey) Law 2005.[75]
27 Power
for Minister to act in the absence of another Minister
(1) The Deputy Chief
Minister shall discharge the functions of the Chief Minister
during –
(a) the
temporary absence or incapacity of the Chief Minister; or
(b) a
vacancy in the office of Chief Minister.
(1A) If it appears to the Chief Minister
that both he or she and the Deputy Chief Minister will or might be temporarily
absent or incapacitated at the same time, the Chief Minister may designate
another Minister to discharge the functions of the Chief Minister during the
period of the Chief Minister’s and Deputy Chief Minister’s absence
or incapacity.[76]
(1B) If –
(a) the
Chief Minister is temporarily absent or incapacitated;
(b) it
appears to the Deputy Chief Minister that he or she will or might be
temporarily absent or incapacitated at the same time; and
(c) the
Chief Minister has not, under paragraph (1A), designated another Minister
to discharge the functions of the Chief Minister in that event,
the Deputy Chief Minister may designate another Minister to
discharge the functions of the Chief Minister during the period of the Chief
Minister’s and Deputy Chief Minister’s absence or incapacity.[77]
(1C) If the Chief Minister is
temporarily absent or incapacitated and, at the same time, the Deputy Chief
Minister is temporarily absent or incapacitated, but a designation has not been
made by either of them under paragraph (1A) or (1B), the functions of the
Chief Minister shall, during the absence or incapacity of both of them, be
discharged by the Minister described in paragraph (1E).[78]
(1D) If the office of Chief Minister is
vacant, and the person appointed as Deputy Chief Minister is temporarily absent
or incapacitated or ceases to hold office as a Minister, the functions of the
Chief Minister shall be discharged by the Minister described in paragraph (1E)
during the absence or incapacity of the Deputy Chief Minister or, as the case
requires, until the next Chief Minister takes office.[79]
(1E) The Minister is –
(a) the
Minister who has held office as a Minister for the longest period of time;
(b) if 2
or more Ministers have held office as a Minister for the same period of time
and, disregarding the other or others of them, that period would be the longest
period of time – whichever of them has held office as an elected
member for the longest period of time; or
(c) if 2
or more Ministers –
(i) have held office
as a Minister for the same period of time and, disregarding the other or others
of them, that period would be the longest period of time, and
(ii) have
held office as an elected member for the same period of time and, disregarding
the other or others of them, that period would be the longest period of time,
whichever of them would be called first in the roll of elected
members, in accordance with standing orders.[80]
(1F) For the purposes of paragraph (1E) –
(a) a
Minister’s period of office as a Minister includes such office held in a
previous Council of Ministers; and
(b) a
Minister’s period of office as an elected member includes such office
held in a previously constituted States.[81]
(2) The Chief Minister may,
during the temporary absence or incapacity of a Minister or a vacancy in the
office of Minister –
(a) personally
discharge the functions of that Minister; or
(b) designate
another Minister to discharge the functions of that Minister.
(3) The functions that a
Minister may discharge under this Article shall include the power to make
enactments.
(4) The temporary discharge
by one Minister of the functions of another Minister shall not affect any
delegation made by that other Minister under Article 28.
28 Power
of Minister to delegate functions
(1) A Minister may delegate,
wholly or partly, functions conferred upon or vested in the Minister by or
under this Law or any other enactment or any enactment of the United Kingdom
having effect in Jersey, to –
(a) one
of his or her Assistant Ministers;
(b) an
officer.
(1A) A Minister shall not delegate to an
Assistant Minister any function the delegation of which is wholly prohibited by
an enactment.[82]
(1B) Where a Minister delegates to an
Assistant Minister a power to make an enactment, paragraphs (4) and (5) of
Article 26 shall apply to the making of an enactment by the Assistant
Minister, in exercise of the delegated power, as they would apply to the making
of the enactment by the Minister.[83]
(2) A Minister shall not
delegate to an officer –
(a) any
power to make an enactment;
(b) any
power to decide an appeal under an enactment;
(c) any
function the delegation of which is prohibited wholly, or to an officer, by an
enactment.[84]
(3) The delegation of
functions by a Minister under this Article shall not prevent the Minister
exercising those functions personally.
(4) Where
any licence, permit or authorization is granted in purported exercise of
functions delegated under paragraph (1), no criminal proceedings shall lie
against any person for any act done, or omitted to be done, in good faith and
in accordance with the terms of the licence, permit or authorization, by reason
that the functions had not been delegated, or that any requirement attached to
the delegation of the functions had not been complied with.
(5) In
this Article –
“Minister” includes the Chief
Minister;
“officer” means a States’ employee within the
meaning of the Employment of States of
Jersey Employees (Jersey) Law 2005 and
includes a member of the States of Jersey Police Force and an officer appointed
under paragraph 1(1) of Part 1 of Schedule 2 to the Immigration Act 1971 as extended to Jersey by
the Immigration (Jersey) Order 1993.[85]
(6) The
States may by Regulations amend the definition “officer” in
paragraph (5).
29 Powers
to move Ministers[86]
The Chief Minister may,
after giving not less than 2 weeks’ notice to the States, move a
Minister from one Ministerial office to another, provided that, before the date
of such notice, not less than 6 months have elapsed after the date
Ministers are appointed to office under Article 19(7).
29A Powers relating to
changes to Ministerial offices[87]
(1) The
Chief Minister may by Order do any of the following –
(a) establish
and abolish Ministers;
(b) determine
the name by which an existing Minister is described;
(c) make
provision relating to a Minister’s functions (including their transfer
from one Minister to another).[88]
(2) An
Order made under paragraph (1) may include such supplemental, incidental,
consequential, transitional and savings provisions as he or she considers
necessary or expedient for the purpose of giving full effect to that Order,
including provisions –
(a) relating
to property, resources (including funding) and liabilities;
(b) amending
any enactment (including this one);
(c) construing
any legislation made outside Jersey which has effect in Jersey; and
(d) construing
and adapting any contract, instrument or other document.
(3) An
Order under paragraph (1) may not be made unless –
(a) the
Chief Minister has presented to the States a report describing the provision to
be made by the Order; and
(b) the
period of 14 days, beginning with the day on which that report is
presented, has expired.[89]
(4) All
rights enjoyed and liabilities incurred by the transferring Minister in
connection with the functions transferred by an Order under paragraph (1)
are transferred to the receiving Minister and become the rights and liabilities
of that Minister.[90]
(5) A
provision of a contract or other instrument that specifies that a right or
liability of the transferring Minister is incapable of transfer is, to the
extent that it applies to a right or liability transferred by paragraph (4),
of no effect.[91]
(6) The
operation of paragraph (4) is not regarded –
(a) as a
breach of contract or confidence or otherwise as a civil wrong;
(b) as a
breach of any contractual provision prohibiting, restricting or regulating the
assignment or transfer of rights or liabilities; or
(c) as
giving rise to any remedy by a party to a contract or other instrument, as an
event of default under any contract or other instrument or as causing or
permitting the termination of any contract or other instrument, or of any
obligation or relationship.[92]
(7) The
transfer effected by or under this Article does not prejudice the operation of
any appointment, approval, authorisation, consent, delegation, determination,
direction, instruction, requirement or other thing that is, before the Order
comes into force, made, given or done by the transferring Minister in relation
to the functions, rights and liabilities so transferred, but such matter, if
then in force, continues in force to the like extent and subject to the like
provisions as if it had been duly made, given or done by the receiving Minister.[93]
(8) Anything
commenced before the commencement of the Order by or under the authority of the
transferring Minister may, so far as it relates to any of the functions, rights
and liabilities transferred by or under this Article, be carried on and
completed by or under the authority of the receiving Minister.[94]
(9) Where,
on commencement of the Order, any legal proceeding is pending to which the
transferring Minister is a party and the proceeding has reference to any of the
functions, rights and liabilities transferred by or under this Article, the
receiving Minister is substituted in the proceeding for the transferring
Minister and the proceeding does not abate by reason of the substitution.[95]
(10) Paragraphs (4) to (9) are subject to any contrary
provision being made in any Order made under paragraph (1).[96]
(11) [97]
(12) [98]
(13) [99]
(14) In
this Article –
“receiving
Minister” means the Minister to whom functions are transferred by an
Order made under paragraph (1);
“transferring
Minister” means the Minister from whom functions are transferred by an
Order made under paragraph (1).[100]
30 Ministerial
delegations to be presented to States[101]
(1) A
Minister who delegates functions under Article 28 shall present to the
States a report specifying the functions delegated and to whom.
(2) A
Minister shall not be required to present a report under paragraph (1)
where the delegation is so immediate and of such brief duration that it is not
practicable to present the report before the delegation ends.
30A List of
delegations to be published[102]
(1) The Chief Minister
shall cause to be established, maintained and published a consolidated list
of –
(a) the
functions for the time being discharged by the Chief Minister and by each
Minister;
(b) the
functions for the time being delegated by the Chief Minister and each Minister
under Article 28, and to whom.
(2) The list shall also
specify which Minister is discharging, for the time being, the functions of
another Minister under Article 27(1) or (2).
(3) The information
described in paragraph (1)(b) or (2) is not required to be incorporated in
the list where the period for which the delegation has effect or for which one
Minister’s functions are being discharged by another is so immediate and
of such brief duration that it is not practicable to amend and publish the list
to incorporate the information before the end of the period.
(4) It shall be sufficient
if the list is published on a website.
31 Duty
to refer certain matters to the States
(1) Where
it is proposed –
(a) that
any provision of a draft Act of the Parliament of the United Kingdom should
apply directly to Jersey; or
(b) that
an Order in Council should be made extending to Jersey –
(i) any provision of
an Act of the Parliament of the United Kingdom, or
(ii) any
Measure, pursuant to the Channel Islands (Church Legislation)
Measures 1931 and 1957,
the Chief Minister shall
lodge the proposal in order that the States may signify their views on it.
(2) Where,
upon transmission of an Act of the Parliament of the United Kingdom containing
a provision described in paragraph (1)(a) or of an Order in Council
described in paragraph (1)(b) to the Royal Court for registration, it
appears to the Royal Court that the States have not signified their agreement
to the substance of the provision or Order in Council –
(a) the
Royal Court shall refer the provision or Order in Council to the Chief
Minister; and
(b) the
Chief Minister shall, in accordance with paragraph (1), refer it to the
States.
32 Construction
of enactments
In any enactment passed
or made before or after this Law, unless the context otherwise
requires –
“Chief Minister”
shall be construed in accordance with this Law;
“Council of
Ministers” shall be construed in accordance with this Law;
“a Minister”
and “any Minister” shall mean any Minister appointed under this
Law, including the Chief Minister;
“the Minister”,
without further description, shall mean the Minister for the time being
assigned responsibility for the functions of the Minister in the enactment in
which the expression appears.
PART 5
POWERS, PRIVILEGES AND
IMMUNITIES
33 Entry
to States
(1) Subject
to paragraph (3), no stranger shall be entitled, as of right, to enter or
to remain in the precincts of the States.
(2) Subject
to paragraph (3), the Bailiff may at any time order any stranger to
withdraw from the precincts of the States.
(3) Paragraphs (1)
and (2) shall not apply to a Jurat or an officer of the Bailiff’s
Department, States Greffe or Judicial Greffe passing through those parts of the
building giving direct access to the States’ chamber.[103]
(4) A
person who –
(a) fails
to withdraw from the precincts of the States when ordered to do so by the
Bailiff; or
(b) contravenes
any provision of standing orders regulating the entry of strangers to or
requiring the withdrawal of strangers from the precincts of the States,
shall be guilty of an
offence and liable to imprisonment for a term of 3 months and a fine of level 2
on the standard scale.
34 Privilege
of States’ proceedings[104]
(1) No
civil or criminal proceedings may be instituted against any person for anything
that constitutes States’ proceedings.
(2) In
any civil or criminal proceedings no evidence may be received, questions asked,
or statements, submissions or comments made, concerning any States’
proceedings by way of, or for the purpose of –
(a) challenging
or relying on the truth, motive, intention or good faith of any part of those
proceedings;
(b) otherwise
challenging or establishing the credibility, motive, intention or good faith of
any person; or
(c) drawing,
or inviting the drawing of, inferences or conclusions wholly or partly from any
part of the proceedings.
(3) However,
paragraphs (1) and (2) do not limit the use of any States’
proceedings in civil or criminal proceedings if no issue is raised as to
whether anything that constitutes States’ proceedings is untrue,
misleading or otherwise inspired by improper motives and does not give rise to
any issue of legal liability on the part of any person.
34A Correspondence
etc. between members and the public protected by qualified privilege for
defamation purposes[105]
(1) For
the purposes of the law relating to defamation, any correspondence or other communication
passing between an elected member and a member of the public is privileged,
unless it is shown to be made with malice.
(2) Paragraph (1)
does not apply unless the elected member concerned is acting in the capacity of
an elected member.
(3) Nothing
in paragraph (1) is to be construed as limiting any privilege that may
apply other than under that paragraph.
35 States’
proceedings in evidence[106]
If any document constituting
a record of States’ proceedings is admissible in evidence in any court proceedings,
that document may be received in evidence as a true record of those proceedings
without further proof if it is so certified by the Greffier of the States.
36 Evidence
of proceedings not to be given without leave
(1) Subject
to this Part and standing orders, no member of the States or officer of the
States and no person employed to take minutes before the States or any
committee or panel established under standing orders shall give evidence
elsewhere –
(a) in
respect of the contents of such minutes or the contents of any document laid
before any of those bodies; or
(b) in
respect of any proceedings or examinations held before any of those bodies,
without the prior consent
of the body concerned.
(2) During
any period of the year when the States are not in session, the consent of the
States may be given by the Greffier of the States.
37 Offence
of publishing false documents[107]
(1) It
shall be an offence for a person –
(a) to publish
or cause to be published a copy of any document as purporting to have been published
by order or under the authority of the States or of a committee or panel
established under standing orders and the same is not so published;
(b) to
tender in evidence any such copy as purporting to be so published, knowing that
the same was not so published.[108]
(2) A
person guilty of an offence under paragraph (1) shall be liable to
imprisonment for a term of 3 years and to a fine.
38 Protection
of persons responsible for States and other publications
(1) This
Article applies to civil or criminal proceedings instituted for or on account
or in respect of the publication by the defendant or the defendant’s
servant of any document by order or under the authority of the States or of a
committee or panel established under standing orders.[109]
(2) The
defendant may, on giving to the plaintiff or the person presenting the case or
prosecutor, as the case may be, not less than 24 hours written notice of his or
her intention, bring before the court in which such proceedings are taken a
certificate conforming to paragraph (3) and an affidavit conforming to
paragraph (4).
(3) The
certificate shall be signed by the Greffier of the States and shall state that
the document to which the proceedings relate was published by the defendant or
the defendant’s servant by order or under the authority of the States or
the committee or panel, as the case may be.[110]
(4) The
affidavit shall verify the certificate.
(5) Upon
the defendant bringing the certificate and affidavit before the
court –
(a) the
court shall stay the proceedings; and
(b) the
proceedings shall be deemed to be finally determined.
39 Protection
in civil proceedings for publication without malice
(1) This
Article applies to civil proceedings instituted for publishing any account or
summary of or any extract from or abstract of any document published by order
or under the authority of the States or of a committee or panel established
under standing orders or any proceedings of any such body.
(2) The
court shall enter judgment for the defendant if satisfied that such account,
summary, extract or abstract was published bona fide
and without malice.
40 Exercise
of jurisdiction by courts
No person shall be
subject to the jurisdiction of any court in respect of the exercise of any
power conferred on or vested in that person by or under this Part.
PART 6
OFFICERS OF THE STATES
41 Greffier
of the States
(1) There
shall be a Greffier of the States, who is the clerk of the States.
(2) There
shall be a Deputy Greffier of the States, who is the clerk-assistant of the
States.
(3) The
Greffier of the States shall be appointed by the Bailiff with the consent of
the States.
(4) The
Deputy Greffier of the States shall be appointed by the Greffier of the States
with the consent of the Bailiff.
(5) The
Greffier of the States and the Deputy Greffier of the States shall be appointed
on such terms and conditions as to salary, allowances, pensions or gratuities,
if any, as are determined by the States Employment Board after negotiation with
the Greffier of the States and the Deputy Greffier of the States respectively.[111]
(6) A
sufficient number of officers, who shall be persons who are States’
employees within the meaning of the Employment of
States of Jersey Employees (Jersey) Law 2005, shall be appointed to
ensure the service of the Greffier of the States and Deputy Greffier of the
States.[112]
(7) An
officer shall not be appointed under paragraph (6) except with the consent
of the Greffier of the States.[113]
(8) An
officer who is appointed under paragraph (6) –
(a) shall
not have that appointment suspended or terminated; and
(b) while
so appointed shall not have his or her employment by the States Employment Board
suspended or terminated,
except with the consent of
the Greffier of the States.[114]
(9) An
officer who is appointed under paragraph (6) –
(a) shall
discharge his or her duties under that appointment under the direction and
general supervision of the Greffier of the States; and
(b) shall
not be directed or supervised in the discharge of those duties by the Chief
Executive Officer, the States Employment Board, a Minister or a person acting
on behalf of such a person.[115]
(10) The
Greffier of the States, Deputy Greffier of the States and officers appointed
under paragraph (6) shall be known as the States Greffe.
(11) The
Greffier of the States –
(a) may
be suspended from office by the Bailiff, who shall refer the matter to the
States at their next meeting; and
(b) may
be dismissed by the States.
(12) Any
discussion by the States with regard to the appointment, suspension or
dismissal of the Greffier of the States shall take place in camera.
(13) The
Deputy Greffier of the States may be suspended or dismissed by the Greffier of
the States with the consent of the Bailiff.
(14) In
the event of the absence or incapacity of the Greffier of the States the
functions of that office shall be discharged by the Deputy Greffier of the
States.
(15) In
the event of the absence or incapacity of the Greffier of the States and Deputy
Greffier of the States the functions of those offices shall be discharged by an
officer of the States Greffe appointed by the Bailiff as Acting Greffier of the
States.
(16) The
Greffier of the States and Deputy Greffier of the States shall, on assuming
office, take oath before the States in the form set out in Part 2 of
Schedule 2.
(17) An
Acting Greffier of the States shall, on assuming office, take oath before the
Bailiff in the form set out in Part 2 of Schedule 2.
(18) Notwithstanding
anything in any enactment the Deputy Greffier of the States, on the authority
of the Greffier of the States, may discharge any function appertaining to the
office of Greffier of the States.
42 Viscount
(1) The
Viscount is the executive officer of the States.
(2) The
Viscount shall, for the purposes of the enforcement of this Law and standing
orders have all the powers and enjoy all the privileges of a Centenier.
(3) The
Viscount shall not be subject to the jurisdiction of any court in respect of
the exercise of any power conferred on or vested in that person by this Law.
PART 7
SUPPLEMENTARY
43 Powers
and Committees abolished
(1) There
shall be abolished any power of the Bailiff to dissent to a resolution of the
States.
(2) There
shall be abolished any power of the Lieutenant-Governor to veto a resolution of
the States.
(3) Subject
to any transitional provisions and savings made under Article 50(1)(c),
there shall be abolished any Committee of the States in existence immediately
before this Law comes into force.
44 Remuneration
of elected members[116]
(A1) The
amount of remuneration and allowances payable to elected members is the amount
specified in, or determined in accordance with, the remuneration review report
most recently presented to the States under Article 44A(8).[117]
(A2) The
amount of remuneration and allowances payable to elected members cannot be
determined otherwise than as set out under Article 44A and cannot be
amended.[118]
(1) No
scheme, agreement or other arrangement whatsoever for the remuneration of, or
the payment of any allowance to, elected members out of the consolidated fund
shall provide for different elected members to be entitled to receive different
amounts of remuneration or allowance.
(2) In
paragraph (1), but not in paragraphs (A1) and (A2),
“remuneration” does not include payments out of the consolidated
fund –
(a) into
a superannuation fund or pension scheme, for the benefit of an elected member;
(b) to an
elected member, as an allowance in respect of his or her contributions to a
superannuation fund or pension scheme for his or her benefit.[119]
44A Remuneration
review process[120]
(1) PPC
must, within the period of 15 months beginning with the date of an
ordinary election under Article 6 –
(a) establish
a panel for the purpose of appointing a person (the “reviewer”) to carry
out a review of the amount of remuneration and allowances payable to an elected
member;
(b) direct
the reviewer to carry out the review and provide a report (a
“remuneration review report”) to PPC.
(2) The
panel must consist of –
(a) the
Greffier of the States; and
(b) at
least 2, but not more than 4, individuals appointed by PPC.
(3) The
following persons may not be appointed to the panel under
paragraph (2)(b) –
(a) a
member of the States;
(b) a
States’ employee (as defined in the Employment of States of Jersey Employees (Jersey) Law 2005).
(4) The
panel must not appoint the reviewer until at least 14 days after PPC have
given notice to the States of the identity of the panel’s proposed
reviewer.
(5) When
the panel has appointed the reviewer, PPC must give the direction in
paragraph (1)(b), which direction must require the reviewer –
(a) before
providing a remuneration review report, to consult –
(i) the Minister for
Treasury and Resources, and
(ii) each
other elected member;
(b) to
provide a remuneration review report within the period of 12 months
beginning with the day on which notice of the panel’s appointment is
given under paragraph (4)(b).
(6) A
remuneration review report must –
(a) specify
the amount of remuneration payable to elected members;
(b) specify
the date on which sub-paragraph (a) is to take effect;
(c) explain
why the amount specified, and the date specified, are appropriate;
(d) determine
such other matters relating to remuneration and allowances of elected members
as PPC may require.
(7) A
remuneration review may –
(a) provide
for allowances to be payable to elected members;
(b) give
a formula for altering, over time, the amount of remuneration by reference to
an index produced by the Statistics Unit of the States of Jersey;
(c) determine
other matters relating to remuneration and allowances of elected members.
(8) PPC
must present each remuneration review report to the States at the first meeting
falling after the remuneration review report is completed.
(9) The
date specified under paragraph (6)(b) may be before the date that the
remuneration review report is presented in the case of an increase in
remuneration, but not in the case of a decrease, but may not be before the date
of the last ordinary election.
(10) Article 44(A1)
applies to a remuneration review report regardless of whether the reviewer has
complied with paragraph (5)(b).
(11) In
this Article –
“consult” means to provide information to
a person and give a reasonable opportunity for that person to respond with
their opinion;
“PPC” means the Privileges and Procedures
Committee established by standing orders.
44B Transitional provisions
relating to initial remuneration review process[121]
(1) Despite
Article 44(A1) and (A2), the remuneration and allowances payable to
elected members immediately before the commencement of the States of Jersey
(Amendment – Remuneration of Elected Members) (Jersey) Law 2022 continues
to be payable until the date specified under Article 44A(6)(b) in the
first remuneration review report.[122]
(2) Article 44A(1)
applies to the first remuneration review as if “the date of an ordinary
election under Article 6” were to read “the date of
commencement of the States of Jersey (Amendment – Remuneration of Elected
Members) (Jersey) Law 2022”.
45 [123]
46 [124]
47 Offence
of contempt[125]
(1) A person who intentionally
and without reasonable excuse engages in conduct (including the use of words) that
the person knows or suspects will substantially interfere with the carrying out of any function of the States, or any committee
or a panel established under standing orders, commits an offence and is liable
to imprisonment for a term of 5 years and to a fine.
(2) If
the Privileges and Procedures Committee established under standing orders
considers that an offence under this Article is likely to have been committed
it may refer the matter to the Attorney General to decide whether or not to
prosecute the person for the offence.
48 Standing
orders[126]
(1) Standing
orders are not an enactment within the meaning of Article 1(1) of the Interpretation (Jersey) Law 1954.
(2) The
jurisdiction of the Royal Court or Magistrate’s Court does not extend to
any proceedings, business or other matter arising under standing orders except
as otherwise provided under this Law.
(3) Nothing
in this Article affects the Standing Orders of the States of Jersey made or
amended under this Article before it was substituted by the States of Jersey
(Amendment No. 9) Law 2021.
49 Regulations
about powers of committees and panels[127]
The States may by
Regulations –
(a)
(b) disapply
Article 36(1) to evidence given before a committee or panel established by
or in accordance with standing orders;
(c) confer
powers on any committee or panel established by or in accordance with standing
orders to require any person to –
(i) appear
before it, and
(ii) give
evidence and produce documents to it;
(d) make
it an offence liable to imprisonment for a term of up to 2 years and to a
fine of up to level 3 on the standard scale for any person to –
(i) disobey
any lawful order made by a committee or panel established by or in accordance
with standing orders for attendance or for production of documents, or
(ii) refuse
to be examined before, or to answer any lawful and relevant question put by a
committee or panel established by or in accordance with standing orders;
(e)
(f)
50 Regulations:
transition and implementation
(1) The
States may by Regulations –
(a) provide
for the transfer, on the coming into force of Article 43(3), of functions
vested in Committees of the States to Ministers and, where appropriate, to the
Privileges and Procedures Committee and Public Accounts Committee established
by standing orders;
(b) amend
enactments, and provide for the construction of enactments of the United
Kingdom having effect in Jersey, for the purpose of implementing the repeal of
the States of Jersey Law 1966 and its replacement with this Law, in
particular, the abolition of Committees of the States and the establishment of
a ministerial system of government by this Law and of a Privileges and
Procedures Committee and Public Accounts Committee by standing orders; and
(c) make
such transitional provisions and savings as may be required upon the repeal the
States of Jersey Law 1966 and the coming into force of this Law.
(2) Regulations
made under paragraph (1)(a) may include provisions –
(a) for the transfer of any movable property
held, any rights enjoyed and any liabilities (whether civil or criminal)
incurred by a Committee of the States in connection with any function
transferred, including any such rights and liabilities in respect of which, at
the time of transfer, no claim has been made or no proceedings have been
commenced;
(b) for the carrying on and completion by or
under the authority of the Minister or Committee to whom functions are
transferred of anything commenced, before the Regulations have effect, by or
under authority of the Committee of the States from whom the functions are
transferred;
(c) without prejudice to the generality of
paragraph (1)(b), for the amendment of enactments relating to any
functions;
(d) without prejudice to the generality of
paragraph (1)(b), for the construction of enactments of the United Kingdom
having effect in Jersey relating to any functions transferred;
(e) for the construction and adaptation of any
instrument, contract or legal proceedings (whether civil or criminal) made or
commenced before the Regulations have effect.
(3) Without
prejudice to the generality of paragraph (1)(c), the States may by
Regulations modify Article 19 in its application to the first selection
and appointment of a Chief Minister and Ministers which takes place after this
Law comes into force.
(4) Regulations
made under this Article may include such ancillary, consequential and
supplementary provision as the States think fit.
51 Authority
for prosecutions[128]
No prosecutions for an
offence under this Law shall be instituted except by or with the consent of the
Attorney General.
51A Service of
documents on Ministers[129]
(1) The
Chief Minister shall by Order specify –
(a) the
proper address for the Chief Minister; and
(b) in
relation to each other Minister, the proper
address for that Minister.
(2) An
address specified by Order under paragraph (1) in relation to the Chief
Minister or a Minister is, for all purposes (including any enactment, whenever
passed or made) the proper address for service of documents on the Chief
Minister or that Minister.
52 Amendments
Schedule 3 shall
have effect to amend Orders in Council applicable to Jersey.
53 Citation
This Law may be cited as
the States of Jersey Law 2005.