States
of Jersey (Minister for Children and Education, Minister for Housing and
Communities and Minister for External Relations and Financial Services)
(Jersey) Order 2021
PART 1
Minister
for Children and education and minister for housing and communities
1 Renaming of Ministers
(1) The
Minister for Education is renamed the “Minister for Children and Education”.
(2) The
Minister for Children and Housing is renamed the “Minister for Housing and
Communities”.
2 Interpretation of
Articles 3 and 4
In Articles 3 and 4 –
(a) “receiving Minister”
means the Minister for Children and Education;
(b) “transferring Minister”
means the Minister for Housing and Communities.
3 Responsibilities and
functions transferred to the Minister for Children and Education
(1) The
responsibilities and functions of the transferring Minister under the
enactments set out in Part 1 of Schedule 1 are transferred to the
receiving Minister.
(2) The
receiving Minister is also responsible for promoting the well-being of
children.
(3) [3]
4 Connected rights and
liabilities
(1) All
rights enjoyed and liabilities incurred by the transferring Minister in
connection with the responsibilities and functions transferred by Article 3
are 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 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 to 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) The
transfers effected by Articles 3 and 4 do not prejudice the operation of
any appointment, approval, authorisation, 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 responsibilities, functions, rights and liabilities so transferred, but
any 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 responsibilities,
functions, rights and liabilities transferred by Articles 3 and 4, 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
responsibilities, functions, rights and liabilities transferred by Articles 3
and 4, the receiving Minister is substituted in the proceeding for the
transferring Minister and the proceeding does not abate by reason of the
substitution.
PART 2
Minister
for external relations and financial services
6 Renaming of Minister
(1) The
Minister for External Relations is renamed the “Minister for External Relations
and Financial Services”.
(2) [4]
PART 3
citation
7 Citation
This Order may be cited as the States of Jersey (Minister for
Children and Education, Minister for Housing and Communities and Minister for
External Relations and Financial Services) (Jersey) Order 2021.