Jersey Law 24/1993
FAMILY NURSING SERVICES AND JERSEY HOME HELPS (AMALGAMATION)
(JERSEY) LAW 1993
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A LAW to
carry into effect the amalgamation of Family Nursing Services (Jersey)
Incorporated and The Jersey Home Helps Society for the Sick and Aged and to
provide for other purposes incidental thereto and consequential thereon,
sanctioned by Order of Her Majesty in Council of the
27th day of october 1993
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(Registered on the 8th day of November 1993)
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STATES OF JERSEY
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The 27th day of April
1993
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WHEREAS –
(1) Family
Nursing Services (Jersey) Incorporated (hereinafter referred to as
“Family Nursing Services”) is an incorporated association having
been incorporated under the provisions of the Family Nursing Services (Jersey)
Law 1986;
(2) the
principal objects of Family Nursing Services are to provide skilled nursing for
the sick in their homes without distinction of nationality or creed and to give
advice on all matters connected with the care of infants, children, handicapped
persons, elderly persons and persons suffering from illness or disease;
(3) The
Jersey Home Helps Society for the Sick and Aged (hereinafter referred to as
“the Jersey Home Helps”) is an association incorporated by Act of
the Royal Court dated the 14th day of September one thousand nine hundred and
seventy-three having as its object the provision of help in the homes of the
sick and aged persons living in the Island;
(4) it
is expedient and in the interests of the efficient and effective pursuit of the
objects of Family Nursing Services and the Jersey Home Helps that Family
Nursing Services and the Jersey Home Helps should combine and the most
effective way of achieving this is for Family Nursing Services and the Jersey
Home Helps to amalgamate to form a new association and that the said new
association be called Family Nursing and Home Care (Jersey) Incorporated
(hereinafter referred to as “the Association”);
(5) it
is further expedient that the Association be incorporated by Act of the States;
(6) it
is further expedient that the amalgamation and the incorporation mentioned in
paragraphs (4) and (5) should be effected as provided in this Law;
(7) it
is further expedient that future amalgamations with the Association of associations
or bodies having similar objects to the Association be effected by the States
by Regulations;
NOW THEREFORE, the States, subject to
the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law –
ARTICLE
1
Interpretation
(1) In
this Law, unless the context otherwise requires –
“the appointed day” means such day as the States shall
by Act appoint;
“liabilities” includes duties and obligations of every
description;
“property” means property of every description
including immoveable property, wherever situate, and includes securities,
rights and powers of every description;
“security” means hypothec (whether legal, judicial or
conventional), charge, security interest, debenture, bill of exchange,
promissory note, guarantee, lien, pledge or other means of securing payment of
a debt, whether present or future, or in the discharge of an obligation or
liability, whether actual or contingent.
(2) A
reference in an Article or other division of this Law to a paragraph,
sub-paragraph or clause by number or letter only, and without further
identification, is a reference to the paragraph, sub-paragraph or clause of
that number or letter contained in the Article or other division of this Law in
which that reference occurs.
(3) Unless
the context otherwise requires, where this Law refers to an enactment, the
reference is to that enactment as amended from time to time, and includes a
reference to that enactment as extended or applied by or under another
enactment, including any other provision of that enactment.
ARTICLE
2
Amalgamation
On the appointed day Family Nursing Services and the Jersey Home
Helps shall by virtue of this Law combine and amalgamate to form the
Association to the intent that the Association shall succeed to all the
property and liabilities of Family Nursing Services and the Jersey Home Helps
and shall have the following objects –
(1) to
provide skilled nursing for the sick in their homes;
(2) to
give advice and assistance on matters relating to the health and well-being of
people of all ages in the Island;
(3) to
provide such other care and services in the Island as the Association may from
time to time think fit;
(4) to
carry on those activities and provide those services hitherto carried on and
provided by Family Nursing Services and the Jersey Home Helps;
(5) to
acquire by way of purchase, acceptance of a gift, devise or bequest, or by
lease or otherwise, any moveable or immoveable property which may be necessary,
requisite or desirable either directly or indirectly for the promotion of the
activities of the Association, and further, to do all things including
borrowing money as may be incidental to, or connected with, any of the said
objects or conducive to the attainment thereof.
ARTICLE
3
Incorporation
The Association shall be and remain incorporated under the title of
“Family Nursing and Home Care (Jersey) Incorporated” so that, thus
constituted, it shall have a successive and perpetual duration in the person of
its present and future members, that it shall have the right to have and use a
special seal in order to authenticate all of its deeds, contracts, agreements
and obligations, that it shall have the right to take, acquire, hold and
possess all types of moveable and immoveable property and to receive, hold and
possess all types of bequests and devises of moveable and immoveable property
which shall be capable of being made to it and to lease, sell or otherwise
alienate, hypothecate or otherwise dispose of the said property and to appear
before all Courts and all tribunals, all the aforementioned through the medium
of its officers or other persons authorized by the Association.
ARTICLE
4
Rules and Constitution
The Association may not make alterations or additions to its Rules
and Constitution without the consent of the Royal Court in accordance with the
provisions of the “Loi (1862) sur les teneures en fidéicommis et l’incorporation
d’associations”.
ARTICLE
5
Provisions relating to the amalgamation and to the acquisition of
property and liabilities
(1) The
production of a copy of this Law signed by the Greffier
of the States shall, on and after the appointed day, be conclusive evidence in
all Courts and proceedings of the amalgamation of Family Nursing Services and
the Jersey Home Helps to form the Association and of the acquisition of the
property and liabilities of Family Nursing Services and the Jersey Home Helps
by the Association and their vesting in the Association.
(2) The
Royal Court shall, when it orders the registration of this Law, also order the
registration of a copy of this Law signed by the Greffier
of the States in the Public Registry of Contracts.
(3) The
registration of a copy of this Law in the Public Registry of Contracts shall
have like effect as a contract passed before the Royal Court and the title to any
property vested in or belonging to or held by Family Nursing Services and the
Jersey Home Helps which immediately before the appointed day was registered in
the Public Registry of Contracts shall vest in, belong to and be held by the
Association on and after the appointed day.
(4) No
fees shall be payable under the Departments of the Judiciary and the
Legislature (Jersey) Law 1965, in
relation to the registration of a copy of this Law as required by paragraph
(2).
(5) For
the avoidance of doubt it is hereby declared that the transfer of an interest
in land under and by virtue of this Law shall not constitute an assignment,
transfer, devolution, parting with possession or other disposition of that
interest for the purposes of any provision relating to assignment, transfer,
devolution, parting with possession or other disposition in any instrument
concerning that interest.
ARTICLE
6
Saving of contracts etc.
(1) Subject
to paragraph (2), all contracts, agreements, indemnities, conveyances, leases,
deeds, settlements, wills, codicils to wills, licences,
and other instruments or undertakings entered into by or made with or addressed
to Family Nursing Services or the Jersey Home Helps (whether alone or with any
other person) before and in force on the appointed day shall as from that day
be binding and of full force and effect in every respect against or in favour of the Association as fully and effectually as if,
instead of Family Nursing Services or the Jersey Home Helps, the Association
had been a party thereto or bound thereby or entitled to the benefit thereof.
(2) In
relation to every contract of employment to which paragraph (1) applies, that
paragraph shall operate to substitute the Association for whichever of Family
Nursing Services or the Jersey Home Helps was the employer thereunder
immediately before the appointed day.
ARTICLE
7
Actions, etc. not to abate
Any action, arbitration or proceeding and any cause of action,
arbitration or proceeding which shall on the appointed day be pending or
existing by, against or in favour of Family Nursing
Services or the Jersey Home Helps shall not abate or be discontinued or be in
any way prejudicially affected by reason of the provisions of this Law, but the
same may be prosecuted, continued and enforced by, against or in favour of the Association as and when it might have been
prosecuted, continued and enforced by, against or in favour
of Family Nursing Services or the Jersey Home Helps as if this Law had not been
passed.
ARTICLE
8
Documents, etc. to remain evidence
All documents, records and admissions which if this Law had not
been passed would have been evidence in respect of any matter for or against
Family Nursing Services or the Jersey Home Helps shall, on and after the
appointed day, be admitted in evidence in respect of the same or the like
manner for or against the Association.
ARTICLE
9
Application of enactments and documents
(1) Subject
to this Article where –
(a) any
enactment other than this Law; or
(b) any
document whensoever made or executed,
contains any reference express or implied to Family Nursing
Services or the Jersey Home Helps such reference shall, on and after the
appointed day and except where the context otherwise requires, be read,
construed and have effect as a reference to the Association.
(2) Any
will or codicil to a will made before, on or after the appointed day by a
person dying on or after the appointed day by which Family Nursing Services or
the Jersey Home Helps is a beneficiary thereof shall be construed and have
effect as if for any reference therein to Family Nursing Services or the Jersey
Home Helps there was substituted a reference to the Association and, in the
case where the Association did not exist at the day of the will or codicil, as
if it had then existed.
ARTICLE
10
Regulations
(1) The
States may, at the request of the Association, by Regulations –
(a) change
the –
(i) name
of the Association; and
(ii) objects
of the Association, where that change is desirable for the better carrying out
of the aims of the Association; and
(b) effect
the amalgamation of the Association, or its successor from time to time, with
any other association or body, whether or not incorporated, engaged in the care
of the community in the Island.
(2) Regulations
made in pursuance of sub-paragraph (b) of paragraph (1) may apply the
provisions of this Law to such a newly amalgamated association.
ARTICLE
11
Dissolution of Family Nursing Services and the Jersey Home Helps
On the day after the appointed day Family Nursing Services and the
Jersey Home Helps shall by virtue of this Law be dissolved.
ARTICLE
12
Repeal
The Family Nursing Services (Jersey) Law 1986 is
repealed with effect from the day after the appointed day.
ARTICLE
13
Short title
This Law may be cited as the Family Nursing Services and Jersey
Home Helps (Amalgamation) (Jersey) Law 1993.
C.M. NEWCOMBE
Deputy Greffier of the States.