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Amendment (No. 44) of the Standing Orders of the States of Jersey

Made                                                                                                   18th March 2020

Coming into force                                                                           19th March 2020

THE STATES make the following Amendment to the Standing Orders of the States of Jersey[1] under Article 48 of the States of Jersey Law 2005[2] –

1        New Standing Order 55A (Members present and able to vote by means of electronic communication in exceptional circumstances)

(1)     This Standing Order applies during the period of a state of emergency, as defined by the Emergency Powers and Planning (Jersey) Law 1990[3], and at any other time where the Bailiff considers that it might not be possible to convene or maintain a quorate meeting of the States in view of substantial risk to the health of States Members or any other person.

(2)     The Greffier must make arrangements to enable elected members who are absent at the start of a day on which the States is meeting to declare that they are present, intend to follow the proceedings of the States and are able to vote by means of electronic communication on that day.

(3)     Despite Standing Order 53, the Greffier must inform the presiding officer of the names of every elected member who has made the declaration under paragraph (2) and when those members’ names are called during the 2nd roll call, the presiding officer must say that those members are present and instruct the Greffier to record this in the minutes.

(4)     Elected members recorded as present under paragraph (3) –

(a)     count towards the quorum of the States as if they were in the States’ Chamber throughout the day for which they have been recorded as present;

(b)     are entitled to vote, under this Standing Order; and

(c)     are entitled to ask a question, speak in a debate, propose a proposition or amendment, and otherwise contribute to the proceedings of the States in the same manner as members present in the Chamber, subject to such modifications of procedure and practice as the Bailiff directs.

(5)     When this Standing Order applies, the Standing Orders on voting are varied as follows –

(a)     standing votes and voting by secret ballot are not permitted;

(b)     where a recorded vote using the electronic voting system is taken, elected members recorded as present in accordance with paragraph (3) must inform the Greffier of their vote by means of electronic communication no later than the end of the time allowed for votes to be cast and the Greffier must inform the presiding officer of the numbers of such members voting “Pour”, “Contre” or abstaining, so that the presiding officer can combine those votes with the votes cast using the electronic voting system and declare the result. Standing Orders 92(8) to (10) apply as if the votes cast under this paragraph were cast using the electronic voting system;

(c)     where a recorded vote is taken by open ballot, elected members recorded as present in accordance with paragraph (3) must inform the Greffier of their vote, or the name of the candidate for whom they are voting, by means of electronic communication no later than the end of the time allowed for the ballot and the votes so taken are treated as if they were written on ballot papers in accordance with Standing Order 94;

(d)     where a recorded vote is taken by roll call vote, elected members recorded as present in accordance with paragraph (3) must inform the Greffier of their vote by means of electronic communication no later than the time allowed for the roll call and the Greffier must inform the presiding officer of the numbers of such members voting “Pour”, “Contre” or abstaining, so that the presiding officer can combine those votes with the votes cast by members in the States Chamber.

(6)     Elected members recorded as present under paragraph (3) must declare an interest under Standing Order 106 by means of electronic communication to the Greffier. The Greffier must inform the presiding officer of any interests so declared and the presiding officer must read out the member’s name and the nature of the interest.

2        Citation and commencement

This Amendment may be cited as Amendment (No. 44) of the Standing Orders of the States of Jersey and comes into force on the day after it is made.

dr. m. egan

Greffier of the States

 




[1]                                     chapter 16.800.15

[2]                                     chapter 16.800

[3]                                     chapter 23.100


Page Last Updated: 27 Mar 2020