Referendum (Composition of the States Assembly) (Jersey) Act 2014

Made                                                                            15th July 2014

Coming into force                                                         16th July 2014

THE STATES, in pursuance of Article 1 of the Referendum (Jersey) Law 2002[1], have made the following Act –

1        Interpretation

(1)     In this Act –

“2002 Law” means the Public Elections (Jersey) Law 2002[2];

“ballot paper” shall be construed in accordance with Article 4;

“electoral administrator for a parish” means the person responsible, in a parish, for preparing and maintaining the electoral registers for the electoral districts within the parish and for assisting the Autorisé in the preparation for, and conduct of, a public election in the parish;

“ordinary elections” means the ordinary elections that are being held, pursuant to Article 6 of the States of Jersey Law 2005[3], on Wednesday, 15th October 2014.

(2)     In this Act, a reference to the electoral administrator for a parish is a reference to the person responsible, in the parish, for preparing and maintaining the electoral registers for the electoral districts within the parish and for assisting the Autorisé in the preparation for, and conduct of, a public election in the parish.

(3)     Other expressions used in this Act that are defined in the 2002 Law have the same meaning as in that Law.

2        Referendum to be held

The States resolve that a referendum shall be held regarding the composition of the States Assembly.

3        Date of referendum

The referendum shall be held on Wednesday, 15th October 2014.

4        Ballot paper

The ballot paper shall be in the form, and contain the question, set out in the Schedule.

5        Persons entitled to vote

The persons entitled to vote in the referendum are the persons who are entitled to vote in the ordinary elections.

6        Application of 2002 Law

(1)     Subject to Article 4 and the following provisions of this Article, the 2002 Law shall apply, with the necessary modifications, to the holding of the referendum, and the expenses incurred in holding the referendum, as it applies to the conduct of the poll for the election of Senators in the ordinary elections.

(2)     The Greffier of the States shall ensure that an appropriate number of ballot papers for the referendum are delivered to –

(a)     the electoral administrators for the parishes, for voting in the referendum in polling stations; and

(b)     the Judicial Greffier, for postal or pre-poll voting in the referendum.

(3)     A supplementary electoral register in force for the ordinary elections shall also be used for the purposes of the referendum.

(4)     A person entitled, by Article 5, to vote in the referendum, is entitled to vote in the referendum in the same manner as he or she is entitled to vote in the ordinary elections.

(5)     A vote is recorded in the referendum by making a cross in the blank square opposite either “Yes” or “No” on the ballot paper.

(6)     The Judicial Greffier, having added the votes in the referendum in the electoral districts, shall inform the Greffier of the States of the results of the referendum.

(7)     The Greffier of the States shall arrange for the results of the referendum to be announced during the next meeting of the States.

(8)     No-one is entitled to request a recount in the referendum.

7        Civil liability of officers

(1)     A person to whom this Article applies shall not be liable in damages for anything done or omitted in the discharge or purported discharge of any functions under this Act.

(2)     This Article applies to –

(a)     the Judicial Greffier;

(b)     the Greffier of the States;

(c)     an Autorisé;

(d)     an Adjoint;

(e)     the electoral administrator for a parish.

(3)     Paragraph (1) does not apply –

(a)     if it was shown that the act was done, or the omission was, in bad faith; or

(b)     so as to prevent an award of damages made in respect of an act on the ground that the act was unlawful as a result of Article 7(1) of the Human Rights (Jersey) Law 2000[4].

8        Citation and commencement

This Act may be cited as the Referendum (Composition of the States Assembly) (Jersey) Act 2014 and shall come into force on the day after the day it is made.

m.n. de la haye, o.b.e.

Greffier of the States

 


SCHEDULE

(Article 4)

BALLOT PAPER

Should the Constables remain as members of the States as an automatic right?

 


YES

 

 


NO

 

 


 



[1]                                    chapter 15.640

[2]                                    chapter 15.640

[3]                                    chapter 16.800

[4]                                    chapter 15.350


Page Last Updated: 15 Apr 2016