States of Jersey (Miscellaneous Provisions) Law 2011

A LAW to amend the States of Jersey Law 2005 and the Connétables (Jersey) Law 2008

Adopted by the States                                             20th January 2011

Sanctioned by Order of Her Majesty in Council           13th July 2011

Registered by the Royal Court                                      29th July 2011

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

1        Interpretation

In this Law –

“2005 Law” Law means the States of Jersey Law 2005[1];

“2008 Law” means the Connétables (Jersey) Law 2008[2].

2        Amendments preceding ordinary election in October 2011

(1)     For Articles 5 and 6 of the 2005 Law there shall be substituted the following Articles –

“5      Term of office of Senators and Deputies

(1)     Senators and Deputies shall be elected for a term of 4 years.

(2)     Notwithstanding the term of office stated in paragraph (1), a Senator or Deputy shall retire on his or her place being filled by an ordinary election.

(3)     The places of Senators and Deputies are filled upon the persons elected at the ordinary elections taking the oath of their office.

(4)     This Article is subject to Article 6A.

6        Ordinary elections for Senators and Deputies

(1)     An ordinary election for Senators shall be held in the period of 7 days beginning on 16th May in every 4th year, commencing in May 2018.

(2)     An ordinary election for Deputies shall be held in the period of 7 days beginning on 16th May in every 4th year, commencing in May 2018.

(3)     The States may by Regulations amend paragraphs (1) and (2) so as to alter the periods, in every 4th year, within which ordinary elections must be held, both as to their duration and the day they begin.

(4)     This Article is subject to Article 6A.

6A     Transitional arrangements for ordinary elections in 2011 and 2014

(1)     There shall be held, in the period of 7 days beginning on 15th October 2011 –

(a)     an ordinary election to elect 4 Senators, for a term expiring upon the persons elected as Senators at the ordinary election in October 2014 taking the oath of their office;

(b)     an ordinary election to elect Deputies, for a term expiring upon the persons elected as Deputies at the ordinary election in October 2014 taking the oath of their office.

(2)     There shall be held, in the period of 7 days beginning on 15th October 2014, an ordinary election to elect 8 Senators, for a term expiring upon the persons elected as Senators at the ordinary election in May 2018 taking the oath of their office.

(3)     There shall be held, in the period of 7 days beginning on 15th October 2014, an ordinary election to elect Deputies, for a term expiring upon the persons elected as Deputies at the ordinary election in May 2018 taking the oath of their office.

(4)     Article 17(1) of the Public Elections (Jersey) Law 2002[3] shall apply to an election required under this Article as it applies to an election required under Article 6”.

(2)     In Article 13(5) of the 2005 Law for the words “after the 31st March immediately preceding the ordinary day of retirement from the office in which the vacancy occurs” there shall be substituted the words “less than 6 months before the ordinary election at which the Senator or Deputy would otherwise have retired under Article 5”.

(3)     In Article 13(8) of the 2005 Law for the words “the date” there shall be substituted the words “the period”.

(4)     In Article 14 of the 2005 Law after the words “Article 5” there shall be inserted the words “or 6A”.

(5)     In Article 15 of the 2005 Law for the words “if there are no less than 27 elected members present” there shall be substituted the words “if there are present no less than one half of the elected members”.

3        Constitution of States amended following ordinary election in October 2011

(1)     In Article 2 of the 2005 Law for the words “12 Senators” there shall be substituted the words “10 Senators”.

(2)     In Article 25(3) of the 2005 Law for the number “23” there shall be substituted the number “22”.

(3)     This Article shall come into force upon the persons elected at the ordinary elections in October 2011 taking the oath of their office.

4        Constitution of States amended following ordinary election in October 2014

(1)     In Article 2 of the 2005 Law for the words “10 Senators” there shall be substituted the words “8 Senators”.

(2)     This Article shall come into force upon the persons elected at the ordinary election in October 2014 taking the oath of their office.

5        Maximum number of Ministers and Assistant Ministers reduced following ordinary election in October 2014

(1)     In Article 25(3) of the 2005 Law for the number “22” there shall be substituted the number “21”.

(2)     This Article shall come into force upon the persons elected at the ordinary elections in October 2014 taking the oath of their office.

6        Connétables (Jersey) Law 2008 amended

(1)     For Article 1(1) of the 2008 Law there shall be substituted the following paragraph –

“(1)    Subject to Article 2A, Connétables shall be elected for a term of 4 years.”.

(2)     For Article 2 of the 2008 Law there shall be substituted the following Articles –

“2      Ordinary elections for Connétables

(1)     Subject to Article 2A, an ordinary election for Connétables shall be held in the period of 7 days beginning on 16th May in every 4th year, commencing in May 2018.

(2)     The States may by Regulations amend paragraph (1) so as to alter the period, in every 4th year, within which an ordinary election must be held, both as to its duration and the day it begins.

2A     Transitional arrangements in 2011 and 2014

(1)     An ordinary election shall be held in the period of 7 days beginning on 15th October 2011 to elect Connétables for a term expiring on their places being filled by the ordinary election in October 2014.

(2)     An ordinary election shall be held in the period of 7 days beginning on 15th October 2014 to elect Connétables for a term expiring on their places being filled by the ordinary election in May 2018.

(3)     Article 17(1) of the Public Elections (Jersey) Law 2002[4] shall apply to an election required under this Article as it applies to an election required under Article 2.”;

(3)     In Article 3(3) of the 2008 Law for the words “after the 15th August immediately preceding” there shall be substituted the words “less than 2 months before”.

(4)     In Article 3(4) of the 2008 Law for the words “the date” there shall be substituted the words “the period”.

(5)     In Article 4 after the words “Article 1” there shall be inserted the words “or 2A”.

7        Saving for existing terms of office

(1)     Nothing in this Law alters the duration of the term of office of –

(a)     a Senator or Deputy who is in office on the day that Article 2 comes into force; or

(b)     a person who fills a casual vacancy in such an office.

(2)     Nothing in this Law alters the duration of the term of office of –

(a)     a Connétable who is in office on the day that Article 6 comes into force; or

(b)     a person who fills a casual vacancy in such an office.

8        Citation and commencement

(1)     This Law may be cited as the States of Jersey (Miscellaneous Provisions) Law 2011.

(2)     Except where provision is made to the contrary, this Law shall come into force 7 days after it is registered.

m.n. de la haye

Greffier of the States

 


 



[1]                                    chapter 16.800

[2]                                    chapter 16.250

[3]                                    chapter 16.600

[4]                                    chapter 16.600


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