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Royal Court (Amendment No. 16) (Jersey) Law 2022

A LAW to amend further the Royal Court (Jersey) Law 1948.

Adopted by the States                                                             10th February 2022

Sanctioned by Order of Her Majesty in Council                       13th April 2022

Registered by the Royal Court                                                       22nd April 2022

Coming into force                                                                               29th April 2022

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

1        Amendment of Royal Court (Jersey) Law 1948

This Law amends the Royal Court (Jersey) Law 1948.

2        Article 2 (qualifications for the office of Jurat) amended

Article 2(2) is deleted.

3        Article 9 substituted

For Article 9 there is substituted –

9      Retirement and resignation of Jurats

(1)     Subject to this Article a Jurat ceases to hold office on attaining the age of 72.

(2)     A Jurat may indicate an intention to retire before that age by giving not less than 6 months’ notice to the Bailiff, or any other person nominated by the Bailiff, provided that at the end of that period of 6 months the Jurat will have completed 6 years’ service.

(3)     The Bailiff may permit the retirement of up to 2 Jurats in any year following an indication of intention to retire under paragraph (2).

(4)     However –

(a)     the number permitted to retire is reduced by the number of Jurats otherwise ceasing to hold office in that year (to a maximum of 2);

(b)     if more Jurats than the number permitted under this Article have indicated an intention to retire in any one year, the length of service will determine who may retire under this Article.

(5)     A Jurat may be required by the Court to resign –

(a)     if for a continuous period of 12 months the Jurat fails, without good reason, to discharge the duties of the office; or

(b)     if, in the opinion of the Court, the Jurat is permanently unable for any reason efficiently to carry out the duties of the office.

(6)     A Jurat who is permitted to retire or required to resign under this Article must present to the Bailiff, for transmission to Her Majesty in Council, a petition praying that Her Majesty in Council may be pleased to permit the Jurat to retire, or resign from, the office of Jurat.

(7)     If a Jurat required to resign under paragraph (5) has not within a reasonable time presented a petition as required by paragraph (6), the Jurat is removable by Order of Her Majesty in Council on the petition of the Superior Number of the Royal Court.

(8)     The retirement or resignation of a Jurat under this Article triggers a vacancy in the number of Jurats for the purposes of Article 4.

9AA   Appointment to serve as a Jurat after retirement

(1)     Despite Article 1, a Jurat who has ceased to hold office or retired under Article 9 (other than by being required to resign under paragraph (5) of that Article) and who has not attained the age of 75 years may be called upon to serve as a Jurat for any period or in relation to any cause or matter as the Bailiff may determine.

(2)     A person serving as a Jurat under paragraph (1) is not included in the total of 12 Jurats that may be appointed under customary law.

(3)     An oath under Article 7 taken by a person before being called to serve under this Article continues to be binding on the person for the duration of that service.”.

4        Article 9A amended

For the heading to Article 9A there is substituted –

9A   Appointment of Guernsey Jurats to act as Jurats in Jersey”.

5        Citation and commencement

This Law may be cited as the Royal Court (Amendment No. 16) (Jersey) Law 2022 and comes into force 7 days after it is registered.

Page Last Updated: 22 Apr 2022