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States of Jersey (Transfer of Responsibilities and Functions) (Chief Minister to Economic Development, Tourism, Sport and Culture) Order 2019

Article                                                                                                            Page

1                 Interpretation. 3

2                 Responsibilities and functions transferred. 3

3                 Connected rights and liabilities. 4

4                 Transitional provisions. 4

5                 Citation and commencement. 5

Table of Endnote References. 6

 


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States of Jersey (Transfer of Responsibilities and Functions) (Chief Minister to Economic Development, Tourism, Sport and Culture) Order 2019

Made                                                                                                   21st August 2019

Coming into force                                                                         22nd August 2019

THE CHIEF MINISTER makes this Order under Article 29A of the States of Jersey Law 2005[1] –

1        Interpretation

In this Order –

receiving Minister” means the Minister for Economic Development, Tourism, Sport and Culture;

transferring Minister” means the Chief Minister.

2        Responsibilities and functions transferred

(1)     There are transferred to the receiving Minister the responsibilities and functions of the transferring Minister under the following enactments and Orders in Council –

(a)     the Data Protection Authority (Jersey) Law 2018[2];

(b)     the Data Protection (Jersey) Law 2018[3];

(c)     the Digital Switchover (Disclosure of Information) (Jersey) Law 2010[4];

(d)     the Electronic Communications (Jersey) Law 2000[5];

(e)     the Radio Equipment (Jersey) Law 1997[6];

(f)      the Telecommunications (Jersey) Law 2002[7];

(g)     the Broadcasting Act 1990 (Jersey) (No. 2) Order 1991[8];

(h)     the Broadcasting (Jersey) Order 2003[9];

(i)      the Communications (Jersey) Order 2003[10];

(j)      the Telecommunications Services (Jersey) Order 1972[11];

(k)     the Wireless Telegraphy (Jersey) Order 2006[12].

(2)     In the definition “Minister” in each of the following enactments, for “Chief Minister” there is substituted “Minister for Economic Development, Tourism, Sport and Culture” –

(a)     Article 1(1) of the Data Protection (Jersey) Law 2018[13];

(b)     Article 1 of the Digital Switchover (Disclosure of Information) (Jersey) Law 2010[14];

(c)     Article 1(1) of the Electronic Communications (Jersey) Law 2000[15];

(d)     Article 1(1) of the Radio Equipment (Jersey) Law 1997[16];

(e)     Article 1(1) of the Telecommunications (Jersey) Law 2002[17].

(3)     In the Orders in Council set out in paragraphs (1)(g) to (k), and in any enactment of the United Kingdom extended by them, references that, before this Order comes into force, were to be construed as referring to the Chief Minister are to be construed as referring to the Minister for Economic Development, Tourism, Sport and Culture.

3        Connected rights and liabilities

(1)     All rights enjoyed and liabilities incurred by the transferring Minister in connection with the responsibilities and functions transferred by Article 2 are transferred to the receiving Minister and become the rights and liabilities of that Minister.

(2)     A provision of a contract or other instrument that specifies that a right or liability of the transferring Minister is incapable of transfer is, to the extent that it applies to a right or liability transferred by paragraph (1), of no effect.

(3)     The operation of paragraph (1) is not to 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.

4        Transitional provisions

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

(3)     Where, on commencement of this Order, any legal proceeding is pending to which the transferring Minister is a party and the proceeding has reference to any of the responsibilities, functions, rights and liabilities transferred by Article 2, the receiving Minister is substituted in the proceeding for the transferring Minister and the proceeding does not abate by reason of the substitution.

5        Citation and commencement

This Order may be cited as the States of Jersey (Transfer of Responsibilities and Functions) (Chief Minister to Economic Development, Tourism, Sport and Culture) Order 2019 and comes into force on the day after the day on which it is made.

senator j.a.n. le fondré

Chief Minister

 




[1]                                     chapter 16.800

[2]                                     chapter 15.245

[3]                                     chapter 15.240

[4]                                     chapter 06.125

[5]                                     chapter 04.280

[6]                                     chapter 06.216

[7]                                     chapter 06.288

[8]                                     chapter 06.036

[9]                                     chapter 06.099

[10]                                   chapter 06.117

[11]                                   chapter 06.270

[12]                                   chapter 06.748

[13]                                   chapter 15.240

[14]                                   chapter 06.125

[15]                                   chapter 04.280

[16]                                   chapter 06.216

[17]                                   chapter 06.288


Page Last Updated: 27 Sep 2019