States of Jersey (Transfer of
Functions No. 6)
(Economic Development and Treasury and Resources
to Chief Minister) (Jersey) Regulations 2013
1 Interpretation
In these Regulations –
“receiving Minister” means the Chief Minister;
“transferring Minister” means the Minister for Economic
Development or the Minister for Treasury and Resources.
2 Functions
of Minister for Economic Development transferred
There shall be transferred to the receiving Minister the functions
of the Minister for Economic Development under the enactments referred to in
Schedule 1.
3 Functions
of Minister for Treasury and Resources transferred
There shall be transferred to the receiving Minister the functions
of the Minister for Treasury and Resources under the enactments referred to in
Schedule 2.
4 Connected
rights and liabilities transferred
(1) All rights enjoyed and
liabilities incurred by a transferring Minister in connection with the
functions transferred by Regulation 2 or 3 shall be transferred to the
receiving Minister and become the rights and liabilities of the receiving
Minister.
(2) A provision of a
contract or other instrument that specifies that a right or liability of a
transferring Minister is incapable of transfer shall, to the extent that it
applies to a right or liability transferred by paragraph (1), be of no
effect.
(3) The operation of
paragraph (1) shall not be 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.
5 Transitional
provisions
(1) A transfer effected by Regulation 2
or 3 shall not prejudice the operation of any appointment, approval, authorization,
consent, delegation, determination, direction, instruction, requirement or
other thing that is, before these Regulations come into force, made, given or
done by a transferring Minister in relation to the functions, rights and
liabilities so transferred, but such matter shall, if then in force, continue
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.
(2) Anything commenced,
before these Regulations come into force, by or under the authority of a
transferring Minister may, so far as it relates to any of the functions, rights
and liabilities transferred by Regulations 2, 3 and 4, be carried on and
completed by or under the authority of the receiving Minister.
(3) Where, at the coming
into force of these Regulations, any legal proceeding is pending to which a transferring
Minister is a party and the proceeding has reference to any of the functions,
rights and liabilities transferred by Regulations 2, 3 and 4, the
receiving Minister shall be substituted in the proceeding for the transferring Minister
and the proceeding shall not abate by reason of the substitution.
6 Citation
These Regulations may be cited as the States of Jersey (Transfer of
Functions No. 6) (Economic Development and Treasury and Resources to Chief
Minister) (Jersey) Regulations 2013.