States of Jersey
(Transfer of Functions No. 6) (Economic
Development and Treasury and Resources to Chief Minister) (Jersey)
Regulations 2013
Made 18th July 2013
Coming into force 19th
July 2013
THE STATES, in pursuance of Articles 29 and 50 of the States of Jersey Law 2005[1], have made the following
Regulations –
1 Interpretation
In these Regulations –
“receiving Minister” means the Chief Minister;
“transferring Minister” means the Minister for Economic
Development or the Minister for Treasury and Resources.
2 Functions
of Minister for Economic Development transferred
There shall be transferred to the receiving Minister the functions
of the Minister for Economic Development under the enactments referred to in
Schedule 1.
3 Functions
of Minister for Treasury and Resources transferred
There shall be transferred to the receiving Minister the functions
of the Minister for Treasury and Resources under the enactments referred to in Schedule 2.
4 Connected
rights and liabilities transferred
(1) All
rights enjoyed and liabilities incurred by a transferring Minister in
connection with the functions transferred by Regulation 2 or 3 shall be
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 a transferring Minister is incapable of transfer shall, to the
extent that it applies to a right or liability transferred by paragraph (1),
be of no effect.
(3) The
operation of paragraph (1) 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.
5 Transitional
provisions
(1) A transfer
effected by Regulation 2 or 3 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 a 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 a transferring Minister may, so far as it relates to any of the functions,
rights and liabilities transferred by Regulations 2, 3 and 4, 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 a transferring Minister is a party and the proceeding has reference to
any of the functions, rights and liabilities transferred by Regulations 2,
3 and 4, the receiving Minister shall be substituted in the proceeding for the
transferring Minister and the proceeding shall not abate by reason of the
substitution.
6 Citation
and commencement
These Regulations may be cited as the States of Jersey (Transfer of
Functions No. 6) (Economic Development and Treasury and Resources to Chief
Minister) (Jersey) Regulations 2013 and shall come into force on the day after
the day they are made.
a.H. HARRIS
Deputy Greffier of the States
SCHEDULE 1
(Regulation 2)
enactments amended – Minister
for economic development
In the following enactments, and in any subordinate enactment made
under any of the following enactments, for each reference to the Minister for
Economic Development or to the Minister of Economic Development there shall be
substituted a reference to the Chief Minister –
(a) Bankruptcy
(Désastre) (Jersey) Law 1990[2];
(b) Money
Laundering (Jersey) Order 2008[3];
(c) Proceeds
of Crime (Supervisory Bodies) (Jersey) Law 2008[4];
(d) Banking
Business (Jersey) Law 1991[5];
(e) Collective
Investment Funds (Jersey) Law 1988[6];
(f) Collective
Investment Funds (Amendment and Validation) (Jersey) Law 2012[7];
(g) Companies
(Jersey) Law 1991[8];
(h) Companies
(Takeovers and Mergers Panel) (Jersey) Law 2009[9];
(i) Financial
Services (Jersey) Law 1998[10];
(j) Financial
Services Commission (Jersey) Law 1998[11];
(k) Foundations
(Jersey) Law 2009[12];
(l) Incorporated
Limited Partnerships (Jersey) Law 2011[13];
(m) Insurance
Business (Jersey) Law 1996[14];
(n) Limited
Liability Partnerships (Jersey) Law 1997[15];
(o) Limited
Partnerships (Jersey) Law1994[16];
(p) Registration
of Business Names (Jersey) Law 1956[17];
(q) Separate
Limited Partnerships (Jersey) Law 2011[18];
(r) Non-Profit
Organizations (Jersey) Law 2008[19];
(s) Community
Provisions (Wire Transfers) (Jersey) Regulations 2007[20];
(t) Control
of Borrowing (Jersey) Law 1947[21];
(u) Alternative
Investment Funds (Jersey) Regulations 2012[22];
(v) Security
Interests (Jersey) Law 2012[23].
SCHEDULE 2
(Regulation 3)
enactments amended – Minister
for treasury and resources
1 Proceeds
of Crime (Jersey) Law 1999 amended
In the Proceeds of Crime (Jersey) Law 1999[24] –
(a) in
Article 1(1) the definition “Minister” shall be deleted;
(b) in
Article 24, for the words “the Minister” there shall be
substituted the words “the Minister for Treasury and Resources”;
(c) in
Articles 37(1) and 43(1), for the words “the Minister”
there shall be substituted the words “the Chief Minister”.
2 Money
Laundering (Jersey) Order 2008 amended
In Article 23C(1) of the Money Laundering (Jersey) Order 2008[25] for the words “The
Minister” there shall be substituted the words “The Chief
Minister”.