States of Jersey (Transfer of
Functions No. 8)
(Miscellaneous Transfers) (Jersey)
Regulations 2015
1 Interpretation
In these Regulations –
“receiving Minister” means a Minister to whom functions
are transferred by these Regulations;
“transferring Minister” means a Minister from whom
functions are transferred by these Regulations.
2 Changes
in description of some Ministers
(1) The Minister for
Economic Development is to be described as the Minister for Economic
Development, Tourism, Sport and Culture.
(2) The Minister for
Education, Sport and Culture is to be described as the Minister for Education.
(3) The Minister for
Planning and Environment is to be described as the Minister for the
Environment.
(4) The Minister for
Transport and Technical Services is to be described as the Minister for
Infrastructure.
3 Transfer
of functions: Minister for Economic Development, Tourism, Sport and Culture to
Minister for the Environment
There shall be transferred to the Minister for the Environment the
functions of the Minister for Economic Development, Tourism, Sport and Culture
in respect of fisheries and other aquatic resources.
4 Transfer
of functions: Minister for Economic Development, Tourism, Sport and Culture to
Chief Minister
There shall be transferred to the Chief Minister the functions of
the Minister for Economic Development, Tourism, Sport and Culture in respect of
the following matters –
(a) the digital sector of
the economy (including the grant to Digital Jersey Limited);
(b) communications and
broadcasting;
(c) competition;
(d) intellectual property;
(e) the Jersey Innovation
Fund and the grant to Jersey Finance Limited.
5 Transfer
of functions: Minister for Education to Minister for Economic Development,
Tourism, Sport and Culture
There shall be transferred to the Minister for Economic Development,
Tourism, Sport and Culture the functions of the Minister for Education in
respect of sport and culture.
6 Transfer
of functions: Minister for Treasury and Resources to Minister for
Infrastructure
There shall be transferred to the Minister for Infrastructure the
functions of the Minister for Treasury and Resources in respect of Jersey
Property Holdings.
7 Connected
rights and liabilities transferred
(1) All rights enjoyed and
liabilities incurred by a transferring Minister in connection with the
functions transferred by any of Regulations 3 to 6 shall be
transferred to the appropriate receiving Minister and become the rights and
liabilities of that 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.
8 Transitional
provisions
(1) A transfer effected by any
of Regulations 3 to 6 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 appropriate 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 5 to 10, be carried on and
completed by or under the authority of the appropriate 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 3 to 7,
the appropriate receiving Minister shall be substituted in the proceeding for
the transferring Minister and the proceeding shall not abate by reason of the
substitution.
9 Citation
These Regulations may be cited as the States of Jersey (Transfer of
Functions No. 8) (Miscellaneous Transfers) (Jersey) Regulations 2015.