States
of Jersey (Transfer of Responsibilities and Functions) (Chief Minister to
External Relations) Order 2019
1 Interpretation
In this Order –
“receiving Minister” means the
Minister for External Relations;
“transferring Minister” means
the Chief Minister.
2 Responsibilities and
functions transferred
(1) There are transferred to the receiving
Minister the responsibilities and functions of the transferring Minister under
the enactments set out in Schedule 1.
(2) [3]
3 Connected rights and
liabilities transferred
(1) All rights enjoyed and liabilities incurred
by the transferring Minister in connection with the responsibilities and
functions transferred by Article 2 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.
4 Transitional provisions
(1) The transfers effected by Article 2 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 Article 2, 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 Article 2, the receiving Minister is
substituted in the proceeding for the transferring Minister and the proceeding
does not abate by reason of the substitution.
5 Citation
This Order may be cited as the States of Jersey (Transfer of
Responsibilities and Functions) (Chief Minister to External Relations) Order
2019.