Family Nursing
Services and Jersey Home Helps (Amalgamation) (Jersey) Law 1993
A LAW to carry into effect the
amalgamation of Family Nursing Services (Jersey) Incorporated and The Jersey
Home Helps Society for the Sick and Aged and to provide for other purposes
incidental thereto and consequential thereon
Commencement
[see endnotes]
WHEREAS –
(1) Family
Nursing Services (Jersey) Incorporated (hereinafter referred to as “Family Nursing Services”) is an
incorporated association having been incorporated under the provisions of the Family
Nursing Services (Jersey) Law 1986;
(2) the
principal objects of Family Nursing Services are to provide skilled nursing for
the sick in their homes without distinction of nationality or creed and to give
advice on all matters connected with the care of infants, children, handicapped
persons, elderly persons and persons suffering from illness or disease;
(3) The
Jersey Home Helps Society for the Sick and Aged (hereinafter referred to as
“the Jersey Home Helps”) is
an association incorporated by Act of the Royal Court dated the 14th day of
September one thousand nine hundred and seventy-three having as its object the
provision of help in the homes of the sick and aged persons living in Jersey;
(4) it
is expedient and in the interests of the efficient and effective pursuit of the
objects of Family Nursing Services and the Jersey Home Helps that Family
Nursing Services and the Jersey Home Helps should combine and the most
effective way of achieving this is for Family Nursing Services and the Jersey
Home Helps to amalgamate to form a new association and that the said new
association be called Family Nursing and Home Care (Jersey) Incorporated
(hereinafter referred to as “the
Association”);
(5) it
is further expedient that the Association be incorporated by Act of the States;
(6) it
is further expedient that the amalgamation and the incorporation mentioned in
paragraphs (4) and (5) should be effected as provided in this Law;
(7) it
is further expedient that future amalgamations with the Association of
associations or bodies having similar objects to the Association be effected by
the States by Regulations;
NOW THEREFORE, the States, subject to the sanction of Her Most Excellent Majesty
in Council, have adopted the following Law –
1 Interpretation
In this Law, unless the context otherwise requires –
“appointed day” means such day as the States shall by
Act appoint;[1]
“liabilities” includes duties and obligations of every
description;
“property” means property of every description including
immovable property, wherever situate, and includes securities, rights and
powers of every description;
“security” means hypothec (whether legal, judicial or
conventional), charge, security interest, debenture, bill of exchange,
promissory note, guarantee, lien, pledge or other means of securing payment of
a debt, whether present or future, or in the discharge of an obligation or
liability, whether actual or contingent.
2 Amalgamation
On the appointed day Family Nursing Services and the Jersey Home
Helps shall by virtue of this Law combine and amalgamate to form the
Association to the intent that the Association shall succeed to all the
property and liabilities of Family Nursing Services and the Jersey Home Helps
and shall have the following objects –
(1) to provide skilled
nursing for the sick in their homes;
(2) to give advice and
assistance on matters relating to the health and well-being of people of all
ages in Jersey;
(3) to provide such other
care and services in Jersey as the Association may from time to time think fit;
(4) to carry on those
activities and provide those services hitherto carried on and provided by
Family Nursing Services and the Jersey Home Helps;
(5) to acquire by way of
purchase, acceptance of a gift, devise or bequest, or by lease or otherwise,
any movable or immovable property which may be necessary, requisite or
desirable either directly or indirectly for the promotion of the activities of
the Association, and further, to do all things including borrowing money as may
be incidental to, or connected with, any of the said objects or conducive to
the attainment thereof.
3 Incorporation
The Association shall be and remain incorporated under the title of
Family Nursing and Home Care (Jersey) Incorporated so that, thus constituted,
it shall have a successive and perpetual duration in the person of its present
and future members, that it shall have the right to have and use a special seal
in order to authenticate all of its deeds, contracts, agreements and
obligations, that it shall have the right to take, acquire, hold and possess
all types of movable and immovable property and to receive, hold and possess
all types of bequests and devises of movable and immovable property which shall
be capable of being made to it and to lease, sell or otherwise alienate,
hypothecate or otherwise dispose of the said property and to appear before all
Courts and all tribunals, all the aforementioned through the medium of its
officers or other persons authorized by the Association.
4 Rules and Constitution
The Association may not make alterations or additions to its Rules
and Constitution without the consent of the Royal Court in accordance with the
provisions of the Loi (1862) sur les teneures en fidéicommis
et l’incorporation d’associations.
5 Provisions relating to the amalgamation and to the acquisition of
property and liabilities
(1) The production of a
copy of this Law signed by the Greffier of the States shall, on and after the
appointed day, be conclusive evidence in all Courts and proceedings of the
amalgamation of Family Nursing Services and the Jersey Home Helps to form the
Association and of the acquisition of the property and liabilities of Family
Nursing Services and the Jersey Home Helps by the Association and their vesting
in the Association.
(2) The Royal Court shall,
when it orders the registration of this Law, also order the registration of a
copy of this Law signed by the Greffier of the States in the Public Registry of
Contracts.
(3) The registration of a
copy of this Law in the Public Registry of Contracts shall have like effect as
a contract passed before the Royal Court and the title to any property vested
in or belonging to or held by Family Nursing Services and the Jersey Home Helps
which immediately before the appointed day was registered in the Public
Registry of Contracts shall vest in, belong to and be held by the Association
on and after the appointed day.
(4) No fees shall be
payable under the Departments of the Judiciary and the Legislature
(Jersey) Law 1965, in relation to the registration of a copy of this Law as required
by paragraph (2).
(5) For the avoidance of
doubt it is declared that the transfer of an interest in land under and by
virtue of this Law shall not constitute an assignment, transfer, devolution,
parting with possession or other disposition of that interest for the purposes
of any provision relating to assignment, transfer, devolution, parting with
possession or other disposition in any instrument concerning that interest.
6 Saving of contracts etc.
(1) Subject to paragraph (2),
all contracts, agreements, indemnities, conveyances, leases, deeds,
settlements, wills, codicils to wills, licences, and other instruments or
undertakings entered into by or made with or addressed to Family Nursing
Services or the Jersey Home Helps (whether alone or with any other person)
before and in force on the appointed day shall as from that day be binding and
of full force and effect in every respect against or in favour of the
Association as fully and effectually as if, instead of Family Nursing Services
or the Jersey Home Helps, the Association had been a party thereto or bound
thereby or entitled to the benefit thereof.
(2) In relation to every
contract of employment to which paragraph (1) applies, that paragraph
shall operate to substitute the Association for whichever of Family Nursing
Services or the Jersey Home Helps was the employer thereunder immediately
before the appointed day.
7 Actions, etc. not to abate
Any action, arbitration or proceeding and any cause of action,
arbitration or proceeding which shall on the appointed day be pending or
existing by, against or in favour of Family Nursing Services or the Jersey Home
Helps shall not abate or be discontinued or be in any way prejudicially
affected by reason of the provisions of this Law, but the same may be
prosecuted, continued and enforced by, against or in favour of the Association
as and when it might have been prosecuted, continued and enforced by, against
or in favour of Family Nursing Services or the Jersey Home Helps as if this Law
had not been passed.
8 Documents, etc. to remain evidence
All documents, records and admissions which if this Law had not been
passed would have been evidence in respect of any matter for or against Family
Nursing Services or the Jersey Home Helps shall, on and after the appointed
day, be admitted in evidence in respect of the same or the like manner for or
against the Association.
9 Application of enactments and documents
(1) Subject to this Article
where –
(a) any
enactment other than this Law; or
(b) any
document whensoever made or executed,
contains any reference express or implied to Family Nursing Services
or the Jersey Home Helps such reference shall, on and after the appointed day
and except where the context otherwise requires, be read, construed and have
effect as a reference to the Association.
(2) Any will or codicil to
a will made before, on or after the appointed day by a person dying on or after
the appointed day by which Family Nursing Services or the Jersey Home Helps is
a beneficiary thereof shall be construed and have effect as if for any
reference therein to Family Nursing Services or the Jersey Home Helps there was
substituted a reference to the Association and, in the case where the
Association did not exist at the day of the will or codicil, as if it had then
existed.
10 Regulations
(1) The States may, at the
request of the Association, by Regulations –
(a) change
the –
(i) name of the
Association, and
(ii) objects
of the Association, where that change is desirable for the better carrying out
of the aims of the Association; and
(b) effect
the amalgamation of the Association, or its successor from time to time, with
any other association or body, whether or not incorporated, engaged in the care
of the community in Jersey.
(2) Regulations made in
pursuance of paragraph (1)(b) may apply the provisions of this Law to such
a newly amalgamated association.
11 Dissolution of Family Nursing Services and the Jersey Home Helps
On the day after the appointed day Family Nursing Services and the
Jersey Home Helps shall by virtue of this Law be dissolved.
12 Citation
This Law may be cited as the Family Nursing Services and Jersey Home
Helps (Amalgamation) (Jersey) Law 1993.