States of Jersey (Transfer of Functions No. 9) (Health and Social Services to Environment) (Jersey) Regulations 2017

Made                                                                              4th July 2017

Coming into force                                                         11th July 2017

THE STATES, in pursuance of Article 29 of the States of Jersey Law 2005[1], have made the following Regulations –

1        Interpretation

In these Regulations –

receiving Minister” means the Minister for the Environment;

transferring Minister” means the Minister for Health and Social Services.

2        Functions and connected rights and liabilities transferred

(1)     There shall be transferred to the receiving Minister the functions of the transferring Minister under –

(a)     the Food Safety (Jersey) Law 1966[2]; and

(b)     the Statutory Nuisances (Jersey) Law 1999[3].

(2)     All rights enjoyed and liabilities incurred by the transferring Minister in connection with the functions transferred by paragraph (1) shall be transferred to the receiving Minister and become the rights and liabilities of the receiving Minister.

(3)     A provision of a contract or other instrument that specifies that a right or liability of the transferring Minister is incapable of transfer shall, to the extent that it applies to a right or liability transferred by paragraph (2), be of no effect.

(4)     The operation of paragraph (2) shall not 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.

3        Food Safety (Jersey) Law 1966 amended

In Article 1(1) of the Food Safety (Jersey) Law 1966[4], for the definition “Minister” there shall be substituted the following definition –

“ ‘Minister’ means the Minister for the Environment;”.

4        Food Safety (Ice-Cream) (Jersey) Order 1967 amended

In Article 1(1) of the Food Safety (Ice-Cream) (Jersey) Order 1967[5] the definition “Minister” shall be deleted.

5        Statutory Nuisances (Jersey) Law 1999 amended

In Article 1(1) of the Statutory Nuisances (Jersey) Law 1999[6], for the definition “Minister” there shall be substituted the following definition –

“ ‘Minister’ means the Minister for the Environment;”.

6        Transitional provisions

(1)     The transfer effected by Regulation 2 shall not prejudice the operation of any appointment, approval, authorization, consent, delegation, determination, direction, instruction, requirement or other thing that is, before these Regulations come into force, made, given or done by the transferring Minister in relation to the functions, rights and liabilities so transferred, but such matter shall, if then in force, continue 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 these Regulations come into force by or under the authority of the transferring Minister may, so far as it relates to any of the functions, rights and liabilities transferred by Regulation 2, be carried on and completed by or under the authority of the receiving Minister.

(3)     Where, at the coming into force of these Regulations, any legal proceeding is pending to which the transferring Minister is a party and the proceeding has reference to any of the functions, rights and liabilities transferred by Regulation 2, the receiving Minister shall be substituted in the proceeding for the transferring Minister and the proceeding shall not abate by reason of the substitution.

7        Citation and commencement

These Regulations may be cited as the States of Jersey (Transfer of Functions No. 9) (Health and Social Services to Environment) (Jersey) Regulations 2017 and shall come into force 7 days after the day they are made.

l.-m. hart

Deputy Greffier of the States

 


 



[1]                                    chapter 16.800

[2]                                    chapter 20.225

[3]                                    chapter 22.900

[4]                                    chapter 20.225

[5]                                    chapter 20.225.55

[6]                                    chapter 22.900


Page Last Updated: 06 Jul 2017