Jersey Association
for Mental Health and Jersey Schizophrenia Fellowship (Integration with Jersey
Focus on Mental Health) (Jersey) Law 2003
A LAW to carry into effect the transfer of the assets and
liabilities of the Jersey Association for Mental Health and the Jersey
Schizophrenia Fellowship to Jersey Focus on Mental Health and to provide for
other purposes incidental thereto and consequential thereon.
Commencement [see endnotes]
WHEREAS:
(1) The Jersey Association
for Mental Health (hereinafter referred to as “JAMH”) is an association incorporated by
Act of the Royal Court dated the 19th day of December 1969;
(2) The principal objects
of JAMH are, inter alia, to supplement the
provision of mental health services, to provide a focus for information,
research, education and propaganda in the field of mental health and to provide
a meeting ground for those engaged in work connected with mental health,
whether medical, educational or social, and fostering and developing an
interest in such work;
(3) The Jersey
Schizophrenia Fellowship (hereinafter referred to as “JSF”) is an association incorporated by
Act of the Royal Court dated the 29th day of November 1985;
(4) The principal objects
of JSF are, inter alia, to act as a
non-sectarian, non-political charitable association in support of sufferers,
and the families of sufferers, from schizophrenia and related conditions, to
undertake or finance, or to contribute towards the financing of research and
education as to the causes and management of schizophrenia and related
conditions, and to provide advice and assistance in the field of mental health
and welfare generally;
(5) Jersey Focus on Mental
Health (hereinafter referred to as “Focus”)
is an association incorporated by Act of the Royal Court dated the 15th day of
November 2002;
(6) The principal objects
of Focus are, inter alia, to promote the
preservation and the safeguarding of mental health and the relief of persons
suffering from mental disorder, to provide advice, assistance and services in
the field of mental health and welfare generally and to carry on those
activities and provide those services hitherto carried on and provided by JAMH
and JSF and, ultimately, to assume the property, liabilities and duties of
those associations;
(7) It is expedient and in
the interests of the efficient and effective pursuit of the objects of JAMH,
JSF and Focus that JAMH and JSF should integrate their activities with those of
Focus and the most effective way of achieving this is for JAMH and JSF to
transfer their assets, liabilities and activities to Focus and then for JAMH
and JSF to be terminated;
(8) It is further expedient
that the transfer, integration and termination mentioned in paragraph (7)
should be effected as provided in this Law.
1 Interpretation
In this Law, unless the context otherwise requires –
“appointed day” means 27th July 2004;
“liabilities” includes duties and obligations of every
description;
“Loi
of 1862” means the Loi (1862) sur les teneures en fidéicommis
et l’incorporation d’associations;
“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 security for the
payment of a debt, whether present or future, or in the discharge of an
obligation or liability, whether actual or contingent.
2 Integration
On the appointed day JAMH and JSF shall by virtue of this Law
integrate with Focus to the intent that Focus shall succeed to all the property
and liabilities of JAMH and JSF.
3 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
integration of the activities of JAMH and JSF into Focus and the vesting of
their liabilities and property in Focus.
(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 JAMH or JSF which immediately before the
appointed day was registered in the Public Registry of Contracts shall vest in,
belong to and be held by Focus on and after the appointed day.
(4) No fees shall be
payable under the Stamp Duties and Fees (Jersey) Law 1998 in relation to the
registration of a copy of this Law as required by paragraph (2).
(5) For the avoidance of
doubt it is hereby 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.
4 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
undertaking entered into by or made with or addressed to JAMH or JSF (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 Focus as fully and effectually as if, instead of JAMH
or JSF, Focus 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 operation to substitute Focus for whichever of JAMH or JSF was the
employer thereunder immediately before the appointed day.
5 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 JAMH or JSF 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 Focus as and when it might have been prosecuted,
continued and enforced by, against or in favour of JAMH or JSF as if this Law
had not been passed.
6 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 JAMH or
JSF shall, on and after the appointed day, be admitted in evidence in respect
of the same or the like manner for or against Focus.
7 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 JAMH or JSF 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 Focus.
(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 JAMH or JSF is a beneficiary thereof shall be
construed and have effect as if for any reference therein to JAMH or JSF there
was substituted a reference to Focus and, in the case where Focus did not exist
at the day of the will or codicil, as if it had then existed.
8 Dissolution
of JAMH and JSF
On the day after the appointed day JAMH and JSF shall, by virtue of
this Law and notwithstanding any of the provisions of the Loi of 1862, be
dissolved de plein droit.
9 Application
of Loi of 1862
Nothing in this Law shall be construed as derogating from the
continuing application to Focus of the provisions of the Loi of 1862.
10 Citation
and commencement
This Law may be cited as the Jersey Association for Mental Health and
Jersey Schizophrenia Fellowship (Integration with Jersey Focus on Mental
Health) (Jersey) Law 2003.