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States of Jersey (Transfer of Responsibilities and Functions) (Health and Social Services to Children and Housing) Order 2019

Made                                                                                                   8th October 2019

Coming into force                                                                           9th October 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 Children and Housing;

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

2        Transfer to Minister for Children and Housing

(1)     There are transferred to the receiving Minister the responsibilities and functions of the transferring Minister under the enactments set out in Part 1 of the Schedule.

(2)     Part 2 of the Schedule contains consequential amendments.

3        Connected rights and liabilities transferred

(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 the receiving 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 transfers effected by Article 2 and 3 do 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 and 3, 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 and 3, 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

This Order may be cited as the States of Jersey (Transfer of Responsibilities and Functions) (Health and Social Services to Children and Housing) Order 2019 and comes into force on the day after it is made.

senator j.a.n. le fondré

Chief Minister

 


SCHEDULE

(Article 2)

Part 1

Enactments

Adoption (Jersey) Law 1961[2]

Child Abduction and Custody (Jersey) Law 2005[3]

Child Custody (Jurisdiction) (Jersey) Law 2005[4]

Children (Jersey) Law 2002[5]

Children’s Benefit Funds (Jersey) Law 1969[6]

Civil Partnership (Jersey) Law 2012[7]

Criminal Justice (Young Offenders) (Placement Panel) (Jersey) Regulations 2016[8]

Criminal Law (Child Abduction) (Jersey) Law 2005[9]

Employment (Jersey) Law 2003[10]

Marriage and Civil Status (Jersey) Law 2001[11]

PART 2

Consequential Amendments

1        References to Minister for Health and Social Services amended

In each of the following enactments, for “Health and Social Services” (wherever it occurs) there is substituted “Children and Housing” –

(a)     the definition “Minister” in Article 1(1) of the Adoption (Jersey) Law 1961[12];

(b)     Articles 8(1)(a) and 22(1)(a) of the Child Abduction and Custody (Jersey) Law 2005[13];

(c)     Article 2(a) of the Child Custody (Jurisdiction) (Jersey) Law 2005[14];

(d)     the definition “Minister” in Article 1(1) of the Children (Jersey) Law 2002[15];

(e)     Articles 2(7) and (12) of the Children’s Benefit Funds (Jersey) Law 1969[16];

(f)      paragraph 1(c) of Schedule 3 to the Civil Partnership (Jersey) Law 2012[17];

(g)     Article 11(3)(a) of the Criminal Justice (Young Offenders) (Jersey) Law 2014;

(h)     Regulation 6(1)(b) of the Criminal Justice (Young Offenders) (Placement Panel) (Jersey) Regulations 2016[18];

(i)      column 2 of the Schedule to the Criminal Law (Child Abduction) (Jersey) Law 2005[19];

(j)      Articles 4(4)(c) and 4A(7)(c) of the Education (Discretionary Grants – General) (Jersey) Order 2008[20];

(k)     Articles 4(5)(c) and 5(7)(b) of the Education (Grants and Allowances) (Jersey) Order 2018[21];

(l)      the definition “official notification” in Article 55A(1) of the Employment (Jersey) Law 2003[22];

(m)    paragraph 1(c) of Schedule 2 to the Marriage and Civil Status (Jersey) Law 2001[23];

(n)     Regulation 16 of the Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 2002[24];

(o)     Articles 19(4)(a) and (5), and sub-paragraph (a) of the definition “children’s home” in Article 20(2), of the Sexual Offences (Jersey) Law 2018[25];

(p)     section 1.6(i)(a) of the code of practice set out in the Schedule to the Terrorism (Audio Recording of Interviews) (Jersey) Order 2003[26].

2        References to Minister for Children and Housing inserted

(1)     In the Regulation of Care (Jersey) Law 2014[27] –

(a)     in Article 36, after “the Minister for Health and Social Services,” there is inserted “the Minister for Children and Housing,”;

(b)     in Article 38(1), for “the Chief Minister or the Minister for Health and Social Services” there is substituted “the Chief Minister, the Minister for Health and Social Services or the Minister for Children and Housing”;

(c)     in Article 40(3), after “the Minister for Health and Social Services” there is inserted “, the Minister for Children and Housing”;

(d)     in paragraph 4(2)(a) of Schedule 2, after “the Minister for Health and Social Services” there is inserted “or Minister for Children and Housing”.

(2)     In the Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 2002[28], in Regulation 17(1)(k), after “Minister for Health and Social Services” there is inserted “or Minister for Children and Housing”.

 




[1]                                     chapter 16.800

[2]                                     chapter 12.050

[3]                                     chapter 12.170

[4]                                     chapter 12.180

[5]                                     chapter 12.200

[6]                                     chapter 24.120

[7]                                     chapter 12.260

[8]                                     chapter 08.380.70

[9]                                     chapter 08.405

[10]                                   chapter 05.255

[11]                                   chapter 12.600

[12]                                   chapter 12.050

[13]                                   chapter 12.170

[14]                                   chapter 12.180

[15]                                   chapter 12.200

[16]                                   chapter 24.120

[17]                                   chapter 12.260

[18]                                   chapter 08.380.70

[19]                                   chapter 08.405

[20]                                   chapter 10.800.30

[21]                                   chapter 10.800.37

[22]                                   chapter 05.255

[23]                                   chapter 12.600

[24]                                   chapter 08.840.50

[25]                                   chapter 08.860

[26]                                   chapter 17.860.15

[27]                                   chapter 20.820

[28]                                   chapter 08.840.50


Page Last Updated: 08 Oct 2019