States of Jersey (Transfer of
Functions – Regulation of Care) (Jersey) Order 2018
1 Interpretation
In this Order –
“receiving Minister” means the Chief Minister;
“transferring Minister” means the Minister Health and
Social Services.
2 Functions
of Minister of Health and Social Services transferred
There are transferred from the transferring Minister to the
receiving Minister the functions with respect to the making of Orders under the
following enactments (as in the case of that mentioned in sub-paragraph (c)
it is amended by Schedule 2 to the Regulation of Care (Regulated
Activities) (Jersey) Regulations 2018) with respect to the making of
Orders –
(a) the Health Care (Registration) (Jersey) Law 1995;
(b) the Medical Practitioners (Registration) (Jersey)
Law 1960 other than Article 10C;
(c) the Nursing Homes (Jersey) Law 1994;
(d) the Opticians (Registration) (Jersey) Law 1962;
(e) the Piercing and Tattooing (Jersey) Law 2002.
3 Connected
rights and liabilities transferred
(1) All rights enjoyed and
liabilities incurred by the transferring Minister in connection with the
functions transferred by Article 2 are transferred to the receiving Minister
and become the rights and liabilities of that Minister.
(2) 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 (1), of no
effect.
(3) The operation of paragraph (1)
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.
4 Transitional provisions
(1) The transfer effected
by Article 2 does not prejudice the operation of any appointment,
approval, authorization, consent, delegation, determination, direction,
instruction, requirement or other thing that is, before this 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.
(2) Anything commenced
before this Order comes into force 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 Regulations 2 and 3, be carried on and
completed by or under the authority of the receiving Minister.
(3) Where, on commencement
of this 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 Articles 2 and 3, the receiving Minister
is substituted in the proceeding for the transferring Minister and the
proceeding shall not abate by reason of the substitution.
5 Citation
This Order may be cited as
the States of Jersey (Transfer of Functions – Regulation of Care)
(Jersey) Order 2018.