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Covid-19 (Election of Jurats) (Jersey) Regulations 2021

Made                                                                                                       30th June 2021

Coming into force                                                                                    1st July 2021

THE STATES make these Regulations under Article 2 of the Covid-19 (Enabling Provisions) (Jersey) Law 2020 –

1        Modification of procedure for electing Jurats due to Covid-19

After Article 4 of the Royal Court (Jersey) Law 1948 there is inserted –

“5      Meeting of Electoral College during period of risk of spreading Covid-19

(1)     Despite Article 4, the Electoral College may be constituted virtually by means of a meeting taking place via the Internet, if the Bailiff is satisfied that it is necessary or expedient to do so due to –

(a)     the current state of the law or guidance relating to the risk of spreading Covid-19 in Jersey; or

(b)     the likelihood of the risk of spreading Covid-19 in the event of holding a physical meeting of the Electoral College.

(2)     However, where the circumstances mentioned in paragraph (1)(a) or (b) apply, the Bailiff may instead choose to delay the summoning of a meeting until those circumstances no longer apply.

(3)     Where a meeting is to take place virtually, Article 4 is construed as follows –

(a)     a reference to the summoning of a meeting of the Electoral College is a reference to the arranging of a virtual meeting;

(b)     the reference to delivering a summons to attend the meeting is a reference to emailing details of the meeting along with the means for the member to attend the meeting virtually;

(c)     the requirement to give particulars of the place of the meeting in the summons is omitted;

(d)     the right of every member to address the meeting is construed as the right of every member able to participate in accordance with this Article to speak at the virtual meeting;

(e)     the requirement for the meeting to be held in public is satisfied by the public’s being able to access a live stream of the meeting (without the ability to participate);

(f)      voting papers may be transmitted electronically and the result of each ballot declared at the virtual meeting;

(g)     the quorum of the meeting is determined by the number of members participating in the virtual meeting;

(h)     the reference to members being assembled is a reference to members being logged in to the virtual meeting;

(i)      the Greffier of the States is to attend virtually;

(j)      paragraph (26) is omitted.

(4)     If the Bailiff has reason to believe that the number of members wishing to participate at a virtual meeting will exceed the number able to participate according to the technology applicable to the type of virtual meeting being arranged, the Bailiff may delay or adjourn the meeting until –

(a)     the circumstances mentioned in paragraph (1)(a) or (b) no longer apply and the meeting can be held in person; or

(b)     that technology will allow all members wishing to participate at the virtual meeting to do so.

(5)     In the event of technical issues affecting or likely to affect the virtual meeting that the Bailiff considers would materially impact on the efficient conduct of the meeting, the Bailiff may delay the start of or suspend the meeting till later the same day.

(6)     If the technical issues cannot be, or are unlikely to be, resolved within a reasonable time the Bailiff may adjourn the meeting to be reconvened on another day in accordance with Article 4(22) and (23) as modified by this Article.

(7)     If a meeting of the Electoral College is summoned to take place in person following a delay in accordance with this Article, the time limit in Article 4(9) does not apply.

(8)     This Article expires on 31st October 2021.”.

2        Citation and commencement

These Regulations may be cited as the Covid-19 (Election of Jurats) (Jersey) Regulations 2021 and come into force on the day after they are made.

 


Page Last Updated: 30 Jun 2021