States of Jersey
Law 2005
A LAW regarding the constitution and
proceedings of the States, to declare and define the powers, privileges and
immunities of the States, and to establish a ministerial system of government.
Commencement
[see endnotes]
WHEREAS it is recognized that Jersey has
autonomous capacity in domestic affairs;
AND WHEREAS it is further recognized that there is an increasing
need for Jersey to participate in matters of international affairs;
AND
WHEREAS Jersey wishes to enhance
and promote democratic, accountable and responsive governance in the island and
implement fair, effective and efficient policies, in accordance with the
international principles of human rights –
THE STATES, subject to the sanction of Her
Most Excellent Majesty in Council, have adopted the following Law –
Part 1
Introductory
1 Interpretation
(1) In this Law, unless the
context otherwise requires –
“Assistant Minister” means a person
appointed as such under Article 25;
“Chief Minister” means the person appointed
as such under Article 19;
“Council of Ministers” shall be construed in
accordance with Article 18(1);
“document” includes accounts, deeds, papers,
records, writings and information recorded in any form and, in relation to
information recorded otherwise than in legible form, references to its
provision or production include references to providing or producing a copy of
the information in legible form;
“elected member” means a Senator,
Connétable or Deputy;
“lodge” means lodge
au Greffe in accordance with standing orders;
“member of the States” shall be construed in
accordance with Article 2(1);
“Minister” means a person appointed as such
under Article 19 or 23;
“officer of the States” means the Greffier
of the States, the Deputy Greffier of the States, an Acting Greffier of the
States or the Viscount;
“precincts of the States” means –
(a) the States’ Chamber;
(b) any rooms whilst provided for the exclusive
use or accommodation of members of the States;
(c) the galleries and places provided for the
use or accommodation of strangers, members of the public and representatives of
the press,
and, while the States are
meeting, includes those parts of the building giving direct access to the
States’ Chamber;
“prescribed” means prescribed in standing orders;
“standing orders” means standing orders made
under Article 48;
“stranger” means any person other than the
Deputy Bailiff, a member of the States or an officer of the States.
(2) A
reference to an administration of the States includes any committee or panel
established by standing orders, other than a committee of inquiry.
(3) The
States may by Regulations amend the definition “precincts of the
States” in paragraph (1).
PART 2
CONSTITUTION OF STATES
2 Constitution
of the States
(1) The
States of Jersey are constituted as follows –
the Bailiff;
the Lieutenant-Governor;
8 Senators, elected as provided
by this Law;
the Connétables of the 12
Parishes of Jersey, who are members of the States by virtue of their office;
29 Deputies, elected as provided
by this Law;
the Dean of Jersey;
the Attorney General;
the Solicitor General.[1]
(2) All
members of the States shall have the right to speak in the Assembly.
(3) Only
elected members shall have the right to vote in the Assembly.
3 Presidency
of the States
(1) The
Bailiff shall be President of the States.
(2) If
both the Bailiff and Deputy Bailiff are unable to preside at a meeting of the
States, the Bailiff shall choose an elected member, the Greffier of the States
or the Deputy Greffier of the States to preside at the meeting.
(3) Subject
to standing orders, the person chosen to preside at a meeting of the States
under paragraph (2) shall, while presiding at the meeting, have the same
powers as the Bailiff when presiding at such a meeting.
(4) An
elected member presiding at a meeting of the States shall not have the right to
vote.
4 Constituencies
(1) For
the purpose of the election of Senators, Jersey shall be a single constituency.
(2) For
the purpose of the election of Deputies –
(a) Jersey shall be divided into the constituencies
mentioned in column 1 of Schedule 1; and
(b) each such constituency shall return the
number of Deputies specified in column 2 of Schedule 1 in relation to that
constituency.
(3) The
States may by Regulations amend Schedule 1 so as to alter, combine, split
and rename the constituencies there mentioned and, subject to
paragraph (4), amend the number of Deputies there specified in relation to
a constituency.
(4) The
total number of Deputies specified shall remain 29.
4A Disqualification
for election as Connétable[2]
A person shall be disqualified for
election as a Connétable if he or she is a paid officer in the service
of the States or any administration of the States, unless he or she is
permitted, by or under the Employment of States of Jersey Employees (Jersey)
Law 2005[3], to stand for election as a Connétable.
5 Term
of office of Senators and Deputies[4]
(1) Senators
and Deputies shall be elected for a term of 4 years.
(2) Notwithstanding
the term of office stated in paragraph (1), a Senator or Deputy shall
retire on his or her place being filled by an ordinary election.
(3) The
places of Senators and Deputies are filled upon the persons elected at the
ordinary elections taking the oath of their office.
(4) This
Article is subject to Article 6A.
6 Ordinary
elections for Senators and Deputies[5]
(1) An
ordinary election for Senators shall be held in the period of 7 days
beginning on 16th May in every 4th year, commencing in May 2018.
(2) An
ordinary election for Deputies shall be held in the period of 7 days
beginning on 16th May in every 4th year, commencing in May 2018.
(3) The
States may by Regulations amend paragraphs (1) and (2) so as to alter the
periods, in every 4th year, within which ordinary elections must be held, both
as to their duration and the day they begin.
(4) This
Article is subject to Article 6A.
6A Transitional
arrangements for ordinary elections in 2011 and 2014[6]
(1) There
shall be held, in the period of 7 days beginning on 15th October 2011
–
(a) an ordinary election to elect
4 Senators, for a term expiring upon the persons elected as Senators at
the ordinary election in October 2014 taking the oath of their office;
(b) an ordinary election to elect Deputies, for
a term expiring upon the persons elected as Deputies at the ordinary election
in October 2014 taking the oath of their office.
(2) There
shall be held, in the period of 7 days beginning on 15th October 2014, an
ordinary election to elect 8 Senators, for a term expiring upon the
persons elected as Senators at the ordinary election in May 2018 taking the
oath of their office.
(3) There
shall be held, in the period of 7 days beginning on 15th October 2014, an
ordinary election to elect Deputies, for a term expiring upon the persons
elected as Deputies at the ordinary election in May 2018 taking the oath of
their office.
(4) Article 17(1)
of the Public Elections (Jersey) Law 2002[7] shall apply to an election required under this Article as it
applies to an election required under Article 6.
7 Qualification
for election as Senator or Deputy
(1) A
person shall, unless disqualified by paragraph (2) or Article 8(1) or
any other enactment, be qualified for election as a Senator or a Deputy if he
or she –
(a) is of full age; and
(b) is a British citizen who has
been –
(i) ordinarily
resident in Jersey for a period of at least 2 years up to and including the day
of the election, or
(ii) ordinarily
resident in Jersey for a period of 6 months up to and including the day of the
election, as well as having been ordinarily resident in Jersey at any time for
an additional period of, or for additional periods that total, at least 5
years.
(2) A
person shall be disqualified for election as a Senator or Deputy, if he or she
is a paid officer in the service of the States or any administration of the
States, unless he or she is permitted, by or under the Employment of States of
Jersey Employees (Jersey) Law 2005, to stand for election as a Senator or
Deputy.[8]
(3) A
retiring Senator or Deputy who is not disqualified by this Law or any other enactment
shall be eligible for re-election.
8 Disqualification
for office as Senator or Deputy
(1) A
person shall be disqualified for election as or for being a Senator or Deputy
if that person –
(a) holds any paid office or other place of
profit under the Crown;
(b) is a member of the States of Jersey Police
Force;
(c) is compulsorily detained or subject to a
guardianship order under the Mental Health
(Jersey) Law 1969[9];
(d) has a curator of his or her person or
property;
(e) has an attorney without whom he or she may
not act in matters movable or immovable;
(f) subject to paragraphs (3) and
(4), has become bankrupt or made a composition or arrangement with his or her
creditors;
(g) has been convicted of an offence under
the Corruption (Jersey) Law 2006[10] by virtue of that person being, within the meaning of that Law, a
public official or a member, officer or employee of a public body; or
(h) within the 7 years immediately
preceding the date of his or her election, or since his or her election, has
been convicted, whether in Jersey or elsewhere, of any offence and ordered to
be imprisoned for a period of not less than 3 months, without the option
of a fine.[11]
(2) A
person shall be disqualified for being a Senator or Deputy upon –
(a) ceasing to be a British citizen; or
(b) not being resident in Jersey for a period of
more than 6 months.
(3) The
disqualification attaching to a person by reason of his or her having become
bankrupt shall cease –
(a) if the person pays his or her debts in full
on or before the conclusion of the bankruptcy proceedings, on the day the
proceedings are concluded;
(b) in any other case, on the expiry of
5 years from the day the proceedings are concluded.
(4) The
disqualification attaching to a person by reason of his or her having made a
composition or arrangement with his or her creditors shall cease –
(a) if the person pays his or her debts in full,
on the day on which the payment is completed;
(b) in any other case, on the expiry of
5 years from the day on which the terms of the composition or arrangement
are fulfilled.
9 Declaration
to be made when nominated
(1) Subject
to paragraph (1A), a person seeking election as a Senator or Deputy shall, at
the time of his or her nomination, be required to make a declaration, in
writing –
(a) that he or she is qualified for being
elected by virtue of this Law or any other enactment;
(b) of his or her convictions, whether in Jersey
or elsewhere, which are not spent convictions;
(c) notwithstanding the Rehabilitation of Offenders (Jersey) Law 2001[12], of his or her spent convictions, whether in Jersey or elsewhere,
for any of the following offences –
(i) treason,
(ii) murder,
(iii) manslaughter,
(iv) rape,
(v) incest,
(vi) sodomy,
(vii) any
offence committed when the person seeking election was of full age, against another
person who was not, at the time of the offence, of full age,
(viii) fraud
or any like offence,
(ix) obtaining
property by false pretences,
(x) theft,
(xi) perjury,
(xii) perverting
the course of justice,
(xiii) an
offence mentioned in the definition “drug trafficking” in Article 1(1)
of the Misuse of Drugs (Jersey) Law 1978[13],
(xiv) an
offence of attempt to commit any of the offences in clauses (i) to (xiii),
(xv) an
offence of conspiracy or incitement to commit any of the offences in clauses
(i) to (xiii),
(xvi) an
offence of aiding, abetting, counselling or procuring any of the offences in
clauses (i) to (xv).[14]
(1A) The
person is not required to make a declaration of a conviction for the offence of
sodomy (whether the conviction is spent or unspent) if the act to which the
conviction relates –
(a) was committed before 12th January 2007; and
(b) if committed on or after that date, would
not be an offence.[15]
(2) The
person presiding at a nomination meeting convened under Article 20 of the Public Elections (Jersey) Law 2002[16] shall read out to the meeting the declaration made under
paragraph (1) by a person proposed as a candidate.
(3) A
person who knowingly makes a false declaration under paragraph (1) shall
be guilty of an offence and liable to a fine of level 3 on the standard
scale.[17]
(4) The
States may by Regulations amend paragraph (1)(c) so as to vary, add or
omit any description of offence for which a spent conviction must be disclosed.
(5) The
form and content of the declaration required by paragraph (1) may be
prescribed.
(6) In
this Article, “spent conviction” has the same meaning as in the Rehabilitation of Offenders (Jersey) Law 2001.
10 Disqualification
of elected member for holding certain offices or employments
(1) A
person who becomes an elected member, on taking oath of the office to which he
or she is elected, shall cease to hold any paid office or employment in
the service of the States or any administration of the States or in the service
of any parochial authority.
(2) An
elected member shall be disqualified for appointment to any paid office or
employment in the service of the States or any administration of the States or
in the service of any parochial authority.
11 Oath
of office
The oath of office of Senators and
Deputies shall be in the form set out in Part 1 of Schedule 2.
12 Resignation
of Senator or Deputy
(1) A
Senator or Deputy may, at any time, resign his or her office by notice in
writing signed by him or her and delivered to the Bailiff.
(2) The
Bailiff shall inform the States of such a resignation at their next meeting.
(3) A
resignation shall take effect when the States are informed of it under
paragraph (2).
13 Casual
vacancy in office of Senator or Deputy
(1) This
Article applies where a casual vacancy occurs in the office of Senator or
Deputy, being a vacancy occurring otherwise than upon retirement of the
officeholder under Article 5.
(2) The
Bailiff shall forthwith inform the Attorney General of the vacancy.
(3) The
Attorney General, on being informed of the vacancy, shall forthwith notify the
Royal Court.
(4) The
Royal Court, on being informed of the vacancy, shall subject to
paragraph (5), make an order under the Public Elections (Jersey) Law 2002[18] for an election to fill the vacancy to be held as soon as is
convenient and, in any case, no later than the expiry of such period following
the occurrence of the vacancy as may be prescribed.
(5) Where
the vacancy occurs less than 6 months before the ordinary election at which the
Senator or Deputy would otherwise have retired under Article 5 –
(a) the Royal Court shall not order an election
to fill the vacancy; and
(b) the vacancy shall be filled at the next
ordinary election.[19]
(6) Where,
under paragraph (5)(b), an election to fill one or more casual vacancies
in the office of Senator is combined with an ordinary election of
Senators –
(a) where the election is contested –
(i) the
persons who are elected by the smallest number of votes shall be deemed elected
to fill the casual vacancies,
(ii) in
the case of an equality of votes between the persons who are elected by the
smallest number of votes, the persons who shall be deemed elected to fill the
casual vacancies shall be determined by lot,
(iii) if
the persons elected to fill the casual vacancies will hold office for different
periods, the person elected by the smallest number of votes, or, if the votes
are equal, such person as is determined by lot, shall be deemed elected to hold
office for the shorter period;
(b) where the election is not contested, the persons
who shall be deemed elected to fill the casual vacancies shall be determined by
lot.
(7) Where
under this Article any question is required to be determined by lot, the lots
shall be drawn at the sitting of the Royal Court convened for the taking of oath
of office by the persons elected in the election.
(8) The
States may by Regulations amend the period in paragraph (5).[20]
14 Term
of office of person filling casual vacancy
A person elected to fill a casual
vacancy in the office of Senator or Deputy shall hold office until the day on
which the person in whose place he or she is elected would have retired under
Article 5 or 6A, and shall then retire.[21]
Part 3
Proceedings of the States
15 Quorum
The States shall be lawfully
constituted and may conduct any business which it is in their power to conduct if
there are present no less than one half of the elected members.[22]
16 Decisions
(1) Subject
to this Law and any other enactment, whenever passed, all matters coming or
arising before the States shall be done and decided by a majority of the
members present and voting on them.
(2) If,
on any matter before the States, the votes are equally divided, the matter
shall be determined in the negative.
17 Validity
of acts and proceedings
(1) The
acts and proceedings of any person elected to the States and acting as a member
of the States shall, notwithstanding that person’s want of qualification
or disqualification, be valid and effectual as if that person had been
qualified.
(2) The
proceedings of the States shall not be invalidated by any vacancy among their
number or by any defect in the election or qualification of any member of the
States.
Part 4
Ministers
18 Council
of Ministers
(1) There
shall be a Council of Ministers whose members shall be the Chief Minister and at
least 7 Ministers.[23]
(2) The
functions of the Council of Ministers shall be –
(a) co-ordinating the policies and
administration for which they are responsible as Ministers;
(b) discussing and agreeing policy which affects
2 or more of them;
(c) discussing and agreeing their common policy
regarding external relations;
(d) prioritizing executive and legislative
proposals;
(e) agreeing and, within 4 months of their
appointment under Article 19(7), lodging for referral to one or more
Scrutiny Panels established under standing orders and approval by the States, a
statement of their common strategic policy; and
(f) such other matters as the Chief
Minister or the Council of Ministers may determine.[24]
(3) The
functions of the Chief Minister shall include –
(a) co-ordinating, through the Council of
Ministers, the discharge of the common functions described in
paragraph (2);
(b) conducting external relations in accordance
with the common policy agreed by the Council of Ministers.
(3A) The
Chief Minister and Ministers shall –
(a) adhere to the principle of collective
responsibility; and
(b) agree and, within 3 months of being
appointed to office under Article 19(7), present to the States a code of
conduct and a code of practice for Ministers and Assistant Ministers.[25]
(3B) The
Council of Ministers may, after consultation with a Minister, give the Minister
directions concerning a policy for which the Minister is responsible, where the
policy –
(a) falls within the functions of the Council of
Ministers, described in paragraph (2); and
(b) appears to the Council of Ministers to
affect the public interest.[26]
(3C) Directions
may not be given as to the exercise of any function conferred by an
enactment, or so as to influence the exercise of such a function.[27]
(3D) A
Minister shall comply with directions given to him or her under
paragraph (3B).[28]
(4) The
minutes of the proceedings of a meeting of the Council of Ministers shall
be –
(a) drawn up and entered, by an officer provided
by the Greffier of the States, in a book kept for that purpose by the Greffier
of the States; and
(b) signed at the same or an ensuing meeting of
the Council by the person presiding at the meeting.
(5) The
minutes so drawn up and entered in the book shall be complete and accurate in
all material particulars.
(6) The
States may by Regulations amend the minimum number of Ministers in
paragraph (1).[29]
19 Selection
and appointment of Council of Ministers
(1) The
States shall, in accordance with the prescribed procedures and within the
prescribed period following any of the events described in paragraph (2),
select an elected member for appointment as Chief Minister.
(2) The
events are –
(a) each ordinary election for Deputies;
(b) the Chief Minister ceasing to be an elected
member;
(c) the resignation from office of the Chief
Minister;
(d) the death of the Chief Minister;
(e) the Chief Minister being incapacitated, by
reason of any illness or injury, so as to be unable to discharge the functions
of his or her office, for a period exceeding 8 weeks;
(f) a decision that the States have no
confidence in the Chief Minister or in the Council of Ministers;
(g) a person ceasing to be Chief Minister
designate (otherwise than upon his or her appointment as Chief Minister).
(3) The
Chief Minister designate shall, within the prescribed period and in accordance
with the prescribed procedures –
(a) nominate elected members for appointment as
Ministers; and
(b) propose the Ministerial office to which each
nominee would be assigned.[30]
(4) An
elected member –
(a) may, within the prescribed period and in
accordance with the prescribed procedures, nominate one or more elected members
for appointment as Ministers; and
(b) shall, when making such a nomination,
propose the Ministerial office to which the nominee would be assigned.[31]
(5) The
States shall then, in accordance with the prescribed procedures, select, for
each Ministerial office, from the persons nominated and proposed for assignment
to that office, an elected member for appointment as a Minister and assignment
to that office.[32]
(6) The
Chief Minister designate may, at any time before his or her appointment to
office under paragraph (7), inform the States of his or her wish to step
down and, upon doing so, shall cease to be Chief Minister designate.[33]
(7) Upon
the States making the last selection under paragraph (5) required to
complete the constitution of the Council of Ministers, the Chief Minister
designate and the persons selected are appointed to office.[34]
(8) Where
one of the events described in paragraph (2)(b) to (f) occurs within the
period of 8 weeks preceding an ordinary election for Deputies, the States may
decide not to make any selection and appointment following the event.
(9) In
this Article, “Chief Minister designate” means a person selected
under paragraph (1) but not yet appointed as Chief Minister.
(10) The
States may by Regulations amend the period mentioned in paragraph (8).
20 Chief
Minister ineligible for other ministerial office[35]
The Chief Minister shall be
ineligible for appointment as a Minister or Assistant Minister.
21 Term
of office and dismissal of Ministers
(1) Subject
to this Article –
(a) the Chief Minister shall continue in office
until a further appointment takes effect under Article 19(7);
(b) an elected member shall continue in a
Ministerial office until –
(i) he
or she is appointed to another Ministerial office under Article 23,
(ii) the
Ministerial office is abolished, or
(iii) a
further appointment takes effect under Article 19(7).[36]
(2) The
Chief Minister shall cease to hold office upon his or her ceasing to be a
Senator or Deputy by reason of disqualification for office.
(3) Any
other Minister shall cease to hold office upon –
(aa) his or her resignation under Article 22;
(a) his or her dismissal under
paragraph (4);
(b) his or her ceasing to be an elected member;
or
(c) the States voting that they have no
confidence in the Minister.[37]
(4) Only
the Chief Minister may dismiss a Minister.[38]
(5) The
Chief Minister shall take steps, as soon as possible, to inform the following
persons of the dismissal of a Minister –
(a) the Minister dismissed;
(b) other States members; and
(c) States employees working in any
administration of the States for which the dismissed Minister was assigned
responsibility.[39]
(6)[40]
(7)[41]
21A [42]
22 Resignation
of Minister
(1) The
Chief Minister may resign from his or her office by notice in writing, signed
by the Chief Minister and delivered to the Bailiff.
(2) The
Bailiff shall inform the States of the resignation of the Chief Minister at the
next meeting of the Assembly.
(3) Any
other Minister may resign from his or her office by notice in writing signed by
that Minister and delivered to the Chief Minister.
(4) The
Chief Minister shall inform the States of the resignation of a Minister at the
next meeting of the Assembly.
23 Subsequent
appointment of Minister
(1) Where
a Minister resigns or a vacancy arises in the office of Minister the Chief
Minister shall, within the prescribed period, nominate an elected member for
appointment as Minister, proposing also the Ministerial office to which that
person would be assigned.
(2) The
Chief Minister shall not be required to make a nomination under
paragraph (1) where, within the prescribed period following the
resignation or vacancy, the States are required to make a selection under Article 19(1).
(3) Where
a nomination has been made under paragraph (1), an elected member may,
within the prescribed period, nominate an elected member for appointment as
Minister for assignment to the Ministerial office proposed under
paragraph (1).[43]
(4) The
States shall then, in accordance with the prescribed procedures, select, from
the persons nominated, an elected member for appointment as a Minister and
assignment to the Ministerial office proposed and, upon the selection being
made, the person selected is appointed to office.[44]
24 Appointment
and dismissal of Deputy Chief Minister
(1) The
Chief Minister –
(a) shall appoint one of the Ministers to be
Deputy Chief Minister; and
(b) may dismiss the person so appointed.
(2) The
Chief Minister shall inform the States of any such appointment or dismissal.
25 Appointment
and dismissal of Assistant Ministers
(1) The
Chief Minister and Ministers may each –
(a) appoint one or more elected members as his
or her Assistant Ministers; and
(b) dismiss any of his or her Assistant
Ministers.[45]
(2) A
Minister may only appoint or dismiss an Assistant Minister with the prior
consent of the Chief Minister.
(3) [46]
(4) An
Assistant Minister may resign from his or her office by notice in writing
signed by that Assistant Minister and delivered to the Minister that he or she
assists.
(5) An
Assistant Minister shall cease to hold office upon the Minister whom he or she
assists ceasing, for any reason, to hold office.[47]
(6) An
Assistant Minister shall adhere to the principle of collective responsibility,
as it applies to the assistance to be given by an Assistant Minister to the
Minister by whom he or she was appointed. [48]
25A Limit
on number of Ministers and Assistant Ministers[49]
(1) The
aggregate of the Chief Minister, Ministers and Assistant Ministers shall not
exceed the prescribed number of individuals.
(2) An
appointment of a Minister or Assistant Minister that would cause the prescribed
number of individuals to be exceeded shall be of no effect.
26 Status of Minister
(1) Each
Minister shall be a corporation sole having –
(a) subject
to Article 29(2), perpetual succession;
(b) an
official seal, which shall be authenticated by the signature of the Minister or
of any person authorized by the Minister to act in that behalf;
(c) the
power to –
(i) enter
into agreements for any purpose of his or her office,
(ii) acquire,
hold and dispose of movable property,
(iii) do
any other thing which the Minister can do by virtue of his or her office, and
(iv) do
anything reasonably necessary or expedient for or incidental to any of the
matters referred to in the foregoing clauses.
(2) A
Minister may, in the name of his or her office –
(a) sue and be sued in any civil proceedings;
and
(b) be charged with an offence and defend
criminal proceedings.
(3) The
official seal of a Minister shall be judicially noticed.
(4) Every
document purporting to be an instrument made or issued by a Minister and to be
sealed with the Minister’s official seal, authenticated in accordance
with paragraph (1)(b), shall be –
(a) received
in evidence; and
(b) deemed
to be so made or issued without further proof, unless the contrary is shown.
(5) A
certificate signed by the Minister that any instrument purporting to be made or
issued by the Minister was so made or issued shall be conclusive evidence of
that fact.
(6) The
senior officer in any administration of the States for which a Minister is
assigned responsibility shall be accountable to that Minister in respect of
policy direction.
(7) In
this Article –
“Minister” includes the
Chief Minister;
“officer” means a
States’ employee within the meaning of the Employment of States of Jersey
Employees (Jersey) Law 2005[50].[51]
27 Power
for Minister to act in the absence of another Minister
(1) The
Deputy Chief Minister shall discharge the functions of the Chief Minister
during –
(a) the temporary absence or incapacity of the
Chief Minister; or
(b) a vacancy in the office of Chief Minister.
(1A) If
it appears to the Chief Minister that both he or she and the Deputy Chief
Minister will or might be temporarily absent or incapacitated at the same time,
the Chief Minister may designate another Minister to discharge the functions of
the Chief Minister during the period of the Chief Minister’s and Deputy
Chief Minister’s absence or incapacity.[52]
(1B) If –
(a) the Chief Minister is temporarily absent or
incapacitated;
(b) it appears to the Deputy Chief Minister that
he or she will or might be temporarily absent or incapacitated at the same
time; and
(c) the Chief Minister has not, under
paragraph (1A), designated another Minister to discharge the functions of
the Chief Minister in that event,
the Deputy Chief Minister may
designate another Minister to discharge the functions of the Chief Minister
during the period of the Chief Minister’s and Deputy Chief
Minister’s absence or incapacity.[53]
(1C) If
the Chief Minister is temporarily absent or incapacitated and, at the same
time, the Deputy Chief Minister is temporarily absent or incapacitated, but a
designation has not been made by either of them under paragraph (1A) or
(1B), the functions of the Chief Minister shall, during the absence or
incapacity of both of them, be discharged by the Minister described in
paragraph (1E).[54]
(1D) If
the office of Chief Minister is vacant, and the person appointed as Deputy
Chief Minister is temporarily absent or incapacitated or ceases to hold office
as a Minister, the functions of the Chief Minister shall be discharged by the
Minister described in paragraph (1E) during the absence or incapacity of
the Deputy Chief Minister or, as the case requires, until the next Chief
Minister takes office.[55]
(1E) The
Minister is –
(a) the Minister who has held office as a
Minister for the longest period of time;
(b) if 2 or more Ministers have held office as a
Minister for the same period of time and, disregarding the other or others of
them, that period would be the longest period of time – whichever of
them has held office as an elected member for the longest period of time; or
(c) if 2 or more Ministers –
(i) have
held office as a Minister for the same period of time and, disregarding the
other or others of them, that period would be the longest period of time, and
(ii) have
held office as an elected member for the same period of time and, disregarding
the other or others of them, that period would be the longest period of time,
whichever of them would be
called first in the roll of elected members, in accordance with standing
orders.[56]
(1F) For
the purposes of paragraph (1E) –
(a) a Minister’s period of office as a
Minister includes such office held in a previous Council of Ministers; and
(b) a Minister’s period of office as an
elected member includes such office held in a previously constituted States.[57]
(2) The
Chief Minister may, during the temporary absence or incapacity of a Minister or
a vacancy in the office of Minister –
(a) personally discharge the functions of that
Minister; or
(b) designate another Minister to discharge the
functions of that Minister.
(3) The
functions that a Minister may discharge under this Article shall include the
power to make enactments.
(4) The
temporary discharge by one Minister of the functions of another Minister shall
not affect any delegation made by that other Minister under Article 28.
28 Power
of Minister to delegate functions
(1) A
Minister may delegate, wholly or partly, functions conferred upon or vested in
the Minister by or under this Law or any other enactment or any enactment of
the United Kingdom having effect in Jersey, to –
(a) one of his or her Assistant Ministers;
(b) an officer.
(1A) A
Minister shall not delegate to an Assistant Minister any function the
delegation of which is wholly prohibited by an enactment.[58]
(1B) Where
a Minister delegates to an Assistant Minister a power to make an enactment,
paragraphs (4) and (5) of Article 26 shall apply to the making of an
enactment by the Assistant Minister, in exercise of the delegated power, as
they would apply to the making of the enactment by the Minister.[59]
(2) A
Minister shall not delegate to an officer –
(a) any power to make an enactment;
(b) any power to decide an appeal under an
enactment;
(c) any function the delegation of which is
prohibited wholly, or to an officer, by an enactment.[60]
(3) The
delegation of functions by a Minister under this Article shall not prevent the
Minister exercising those functions personally.
(4) Where any licence, permit or authorization is
granted in purported exercise of functions delegated under paragraph (1),
no criminal proceedings shall lie against any person for any act done, or
omitted to be done, in good faith and in accordance with the terms of the
licence, permit or authorization, by reason that the functions had not been
delegated, or that any requirement attached to the delegation of the functions
had not been complied with.
(5) In this
Article –
“Minister”
includes the Chief Minister;
“officer” means a
States’ employee within the meaning of the Employment of States of Jersey
Employees (Jersey) Law 2005[61] and includes a member
of the States of Jersey Police Force and an officer appointed under paragraph 1(1)
of Part 1 of Schedule 2 to the Immigration Act 1971 as extended
to Jersey by the Immigration
(Jersey) Order 1993[62].[63]
(6) The States may by
Regulations amend the definition “officer” in paragraph (5).
29 Powers to move Ministers and to change
Ministerial offices
(1) The
Chief Minister may, subject to the approval of the States, move a Minister from
one Ministerial office to another.
(2) The
States may by Regulations –
(a) establish
and abolish Ministers;
(b) determine
the name by which any Minister shall be described;
(c) confer
functions upon a Minister;
(d) transfer
all or any of the functions exercisable by one Minister to another Minister;
and
(e) direct
that the functions exercisable by any Minister shall be or shall cease to be
exercisable concurrently with another Minister.
(3) Regulations
made under paragraph (2) may contain such incidental, consequential,
supplemental and transitional provisions as may be necessary or expedient for
the purpose of giving full effect to the Regulations, including
provisions –
(a) for
the transfer of any movable property held, any rights enjoyed and any
liabilities (whether civil or criminal) incurred by the Minister in connection
with any function transferred, including any such rights and liabilities in respect
of which, at the time of transfer, no claim has been made or no proceedings
have been commenced;
(b) for
the carrying on and completion by or under the authority of the Minister to
whom functions are transferred of anything commenced, before the Regulations
have effect, by or under authority of the Minister from whom the functions are
transferred;
(c) for
the amendment of enactments relating to any functions transferred or to any
Minister who is established, abolished or renamed;
(d) for
the construction of enactments of the United Kingdom having effect in Jersey
relating to any functions transferred or to any Minister who is established,
abolished or renamed;
(e) for
the construction and adaptation of any instrument, contract or legal
proceedings made or commenced before the Regulations have effect;
(f) where
such Regulations establish or abolish Ministers, for the amendment of
Article 18(1) so as to increase or decrease the number of Ministers there
mentioned; and
(g) where
such Regulations establish or abolish Ministers or determine the name by which
any Minister shall be described, for the consequential amendment of standing
orders.
(4) Only
the Chief Minister may lodge draft Regulations to be made under
paragraph (2).
(5) In
this Article, “Minister” includes the Chief Minister.
30 Ministerial
delegations to be presented to States[64]
(1) A
Minister who delegates functions under Article 28 shall present to the
States a report specifying the functions delegated and to whom.
(2) A
Minister shall not be required to present a report under paragraph (1)
where the delegation is so immediate and of such brief duration that it is not
practicable to present the report before the delegation ends.
30A List
of delegations to be published[65]
(1) The
Chief Minister shall cause to be established, maintained and published a
consolidated list of –
(a) the functions for the time being discharged
by the Chief Minister and by each Minister;
(b) the functions for the time being delegated
by the Chief Minister and each Minister under Article 28, and to whom.
(2) The
list shall also specify which Minister is discharging, for the time being, the
functions of another Minister under Article 27(1) or (2).
(3) The
information described in paragraph (1)(b) or (2) is not required to be incorporated
in the list where the period for which the delegation has effect or for which
one Minister’s functions are being discharged by another is so immediate
and of such brief duration that it is not practicable to amend and publish the
list to incorporate the information before the end of the period.
(4) It
shall be sufficient if the list is published on a website.
31 Duty
to refer certain matters to the States
(1) Where
it is proposed –
(a) that any provision of a draft Act of the
Parliament of the United Kingdom should apply directly to Jersey; or
(b) that an Order in Council should be made
extending to Jersey –
(i) any
provision of an Act of the Parliament of the United Kingdom, or
(ii) any
Measure, pursuant to the Channel Islands (Church Legislation)
Measures 1931 and 1957[66],
the Chief Minister shall lodge
the proposal in order that the States may signify their views on it.
(2) Where,
upon transmission of an Act of the Parliament of the United Kingdom containing
a provision described in paragraph (1)(a) or of an Order in Council
described in paragraph (1)(b) to the Royal Court for registration, it
appears to the Royal Court that the States have not signified their agreement
to the substance of the provision or Order in Council –
(a) the Royal Court shall refer the provision or
Order in Council to the Chief Minister; and
(b) the Chief Minister shall, in accordance with
paragraph (1), refer it to the States.
32 Construction
of enactments
In any enactment passed or made
before or after this Law, unless the context otherwise requires –
“Chief Minister” shall be construed in
accordance with this Law;
“Council of
Ministers” shall be construed in accordance with this Law;
“a Minister” and “any Minister” shall mean any Minister
appointed under this Law, including the Chief Minister;
“the Minister”, without further description,
shall mean the Minister for the time being assigned responsibility for the
functions of the Minister in the enactment in which the expression appears.
Part 5
Powers, Privileges and
Immunities
33 Entry
to States
(1) Subject
to paragraph (3), no stranger shall be entitled, as of right, to enter or
to remain in the precincts of the States.
(2) Subject
to paragraph (3), the Bailiff may at any time order any stranger to
withdraw from the precincts of the States.
(3) Paragraphs
(1) and (2) shall not apply to a Jurat or an officer of the Bailiff’s
Department or Judicial Greffe passing through those parts of the building
giving direct access to the States’ chamber.
(4) A
person who –
(a) fails to withdraw from the precincts of the
States when ordered to do so by the Bailiff; or
(b) contravenes any provision of standing orders
regulating the entry of strangers to or requiring the withdrawal of strangers
from the precincts of the States,
shall be guilty of an offence and
liable to imprisonment for a term of 3 months and a fine of level 2 on the
standard scale.
34 Immunity
from legal proceedings
No civil or criminal proceedings
may be instituted against any member of the States –
(a) for
any words spoken before or written in a report to the States or a committee or
panel established under standing orders; or
(b) by
reason of any other matter or thing brought by the member before or within the
States or any such committee or panel by petition, proposition or otherwise.
35 Minutes
of States etc. to be evidence
A copy of any minutes of the States
or of any committee or panel established under standing orders signed by the
Greffier of the States or as otherwise provided by standing orders, shall be
received in evidence without further proof.
36 Evidence
of proceedings not to be given without leave
(1) Subject
to this Part and standing orders, no member of the States or officer of the
States and no person employed to take minutes before the States or any
committee or panel established under standing orders shall give evidence
elsewhere –
(a) in respect of the contents of such minutes
or the contents of any document laid before any of those bodies; or
(b) in respect of any proceedings or
examinations held before any of those bodies,
without the prior consent of the
body concerned.
(2) During
any period of the year when the States are not in session, the consent of the
States may be given by the Greffier of the States.
37 Offence
of printing false documents
(1) It
shall be an offence for a person –
(a) to print or cause to be printed a copy of
any enactment or other document as purporting to have been printed by order or
under the authority of the States or of a committee or panel established under
standing orders and the same is not so printed;
(b) to tender in evidence any such copy as
purporting to be so printed, knowing that the same was not so printed.
(2) A
person guilty of an offence under paragraph (1) shall be liable to
imprisonment for a term of 3 years and to a fine.
38 Protection
of persons responsible for States and other publications
(1) This
Article applies to civil or criminal proceedings instituted for or on account
or in respect of the publication by the defendant or the defendant’s
servant of any enactment or other document by order or under the authority of
the States or of a committee or panel established under standing orders.
(2) The
defendant may, on giving to the plaintiff or the person presenting the case or
prosecutor, as the case may be, not less than 24 hours written notice of his or
her intention, bring before the court in which such proceedings are taken a
certificate conforming to paragraph (3) and an affidavit conforming to
paragraph (4).
(3) The
certificate shall be signed by the Greffier of the States and shall state that
the enactment or document to which the proceedings relate was published by the
defendant or the defendant’s servant by order or under the authority of
the States or the committee or panel, as the case may be.
(4) The
affidavit shall verify the certificate.
(5) Upon
the defendant bringing the certificate and affidavit before the
court –
(a) the court shall stay the proceedings; and
(b) the proceedings shall be deemed to be
finally determined.
39 Protection
in civil proceedings for publication without malice
(1) This
Article applies to civil proceedings instituted for publishing any account or
summary of or any extract from or abstract of any document published by order
or under the authority of the States or of a committee or panel established
under standing orders or any proceedings of any such body.
(2) The
court shall enter judgment for the defendant if satisfied that such account,
summary, extract or abstract was published bona fide and
without malice.
40 Exercise
of jurisdiction by courts
No person shall be subject to the
jurisdiction of any court in respect of the exercise of any power conferred on
or vested in that person by or under this Part.
Part 6
Officers of the States
41 Greffier
of the States
(1) There
shall be a Greffier of the States, who is the clerk of the States.
(2) There
shall be a Deputy Greffier of the States, who is the clerk-assistant of the
States.
(3) The
Greffier of the States shall be appointed by the Bailiff with the consent of
the States.
(4) The
Deputy Greffier of the States shall be appointed by the Greffier of the States
with the consent of the Bailiff.
(5) The
Greffier of the States and the Deputy Greffier of the States shall be appointed
on such terms and conditions as to salary, allowances, pensions or gratuities,
if any, as are determined by the States Employment Board after negotiation with
the Greffier of the States and the Deputy Greffier of the States respectively.[67]
(6) A
sufficient number of officers, who shall be persons who are States’
employees within the meaning of the Employment of States of Jersey Employees
(Jersey) Law 2005[68], shall be appointed to ensure the service of the Greffier of the
States and Deputy Greffier of the States.[69]
(7) An
officer shall not be appointed under paragraph (6) except with the consent
of the Greffier of the States.[70]
(8) An
officer who is appointed under paragraph (6) –
(a) shall not have that appointment suspended or
terminated; and
(b) while so appointed shall not have his or her
employment by the States Employment Board suspended or terminated,
except with the consent of the
Greffier of the States.[71]
(9) An
officer who is appointed under paragraph (6) –
(a) shall discharge his or her duties under that
appointment under the direction and general supervision of the Greffier of the
States; and
(b) shall not be directed or supervised in the
discharge of those duties by the Chief Executive Officer, the States Employment
Board, a Minister or a person acting on behalf of such a person.[72]
(10) The
Greffier of the States, Deputy Greffier of the States and officers appointed
under paragraph (6) shall be known as the States Greffe.
(11) The
Greffier of the States –
(a) may be suspended from office by the Bailiff,
who shall refer the matter to the States at their next meeting; and
(b) may be dismissed by the States.
(12) Any
discussion by the States with regard to the appointment, suspension or
dismissal of the Greffier of the States shall take place in camera.
(13) The
Deputy Greffier of the States may be suspended or dismissed by the Greffier of
the States with the consent of the Bailiff.
(14) In
the event of the absence or incapacity of the Greffier of the States the
functions of that office shall be discharged by the Deputy Greffier of the
States.
(15) In
the event of the absence or incapacity of the Greffier of the States and Deputy
Greffier of the States the functions of those offices shall be discharged by an
officer of the States Greffe appointed by the Bailiff as Acting Greffier of the
States.
(16) The
Greffier of the States and Deputy Greffier of the States shall, on assuming
office, take oath before the States in the form set out in Part 2 of
Schedule 2.
(17) An
Acting Greffier of the States shall, on assuming office, take oath before the
Bailiff in the form set out in Part 2 of Schedule 2.
(18) Notwithstanding
anything in any enactment the Deputy Greffier of the States, on the authority
of the Greffier of the States, may discharge any function appertaining to the
office of Greffier of the States.
42 Viscount
(1) The
Viscount is the executive officer of the States.
(2) The
Viscount shall, for the purposes of the enforcement of this Law and standing
orders have all the powers and enjoy all the privileges of a Centenier.
(3) The
Viscount shall not be subject to the jurisdiction of any court in respect of
the exercise of any power conferred on or vested in that person by this Law.
Part 7
supplementary
43 Powers
and Committees abolished
(1) There
shall be abolished any power of the Bailiff to dissent to a resolution of the
States.
(2) There
shall be abolished any power of the Lieutenant-Governor to veto a resolution of
the States.
(3) Subject
to any transitional provisions and savings made under Article 50(1)(c),
there shall be abolished any Committee of the States in existence immediately
before this Law comes into force.
44 Remuneration
of elected members[73]
(1) No
scheme, agreement or other arrangement whatsoever for the remuneration of, or
the payment of any allowance to, elected members out of the consolidated fund
shall provide for different elected members to be entitled to receive different
amounts of remuneration or allowance.
(2) In
paragraph (1), “remuneration” does not include payments out of
the consolidated fund –
(a) into a superannuation fund or pension
scheme, for the benefit of an elected member;
(b) to an elected member, as an allowance in
respect of his or her contributions to a superannuation fund or pension scheme
for his or her benefit.
45 [74]
46 [75]
47 Offence
of blackmail, menace or compulsion
A person who blackmails or attempts
to blackmail or who offers any threat, assault, obstruction or molestation or
attempt to compel by force or menace any member of the States, member of a
committee of inquiry established under standing orders or officer of the States
in order to influence him or her in his or her conduct as such member or
officer, or for, or in respect of the promotion of or of opposition to any
matter, proposition, question, bill, petition or other thing submitted or
intended to be submitted to the States, the Council of Ministers, the Chief
Minister, any other Minister, an Assistant Minister or any committee or panel
established under standing orders, or who is a party to such an offence, shall
be guilty of an offence and liable to imprisonment for a term of 5 years
and a fine.
48 Standing
orders
(1) The
States shall make standing orders to give effect to this Law and to regulate
their proceedings and business and the conduct of elected members.
(2) Standing
orders made under paragraph (1) shall –
(a) establish a Privileges and Procedures
Committee;
(b) require the States to appoint an elected
member, who is neither a Minister or Assistant Minister, to be its chairman;
(c) require the States to appoint to be members
of such Committee –
(i) 4
elected members who are not Ministers or Assistant Ministers, and
(ii) 2
elected members who are Ministers or Assistant Ministers;
(d) state the terms of reference of such
Committee.
(3) Standing
orders made under paragraph (1) shall –
(a) establish a Public Accounts Committee;
(b) require the States to appoint an elected
member who is not a Minister or an Assistant Minister to be chairman of such
committee;
(c) require the States to appoint at least
4 persons to be members of such Committee of whom –
(i) 50%
shall be elected members, who are not Ministers or Assistant Ministers, and
(ii) 50%
shall be persons who are not members of the States;
(d) state the terms of reference of such
Committee.
(3A) Standing
orders made under paragraph (1) shall –
(a) establish a Planning Committee;
(b) require the States to appoint an elected
member, who is not a Minister, to be its chairman; and
(c) require the States to appoint to be members
of that Panel at least 3 and no more than 9 elected members who are
not Ministers.[76]
(4) Standing
orders made under paragraph (1) shall make provision for scrutiny, which
shall include provision for the agreement of a code of practice for engagement,
for the purposes of scrutiny, between elected members conducting scrutiny and
Ministers and Assistant Ministers.[77]
(5) Standing
orders made under paragraph (1) –
(a) shall include provision requiring minutes of
decisions of the States to be taken and kept; and
(b) shall include provision requiring written
transcripts of proceedings of the States to be prepared and kept.
(6) Standing
orders made under paragraph (1) may establish committees of inquiry, whose
members may or may not be members of the States.
(7) Standing
orders made under paragraph (1) may, but not by way of limitation –
(a) prescribe anything that shall or may be
prescribed under this Law;
(b) establish committees in addition to the
committees described in the foregoing paragraphs;
(c) establish the procedure for any appointment
or dismissal under this Law or standing orders;
(d) restrict the eligibility of an elected
member for any appointment under this Law or standing orders;
(e) regulate the entry of strangers to and
require the withdrawal of strangers from the precincts of the States.
(8) Notwithstanding
Article 3(1) of the Official
Publications (Jersey) Law 1960[78], the Greffier of the States shall not be required to publish in the
Jersey Gazette a notice relating to the passing of standing orders.
(9) In
this Article “Minister” includes the Chief Minister.
49 Regulations:
powers, privileges and immunities
The States may by
Regulations –
(a) confer
on members of committees established by or in accordance with standing orders who
are not members of the States immunity from civil and criminal proceedings in
their capacity as members of such committees;
(b) disapply
Article 36(1) to evidence given before a committee or panel established by
or in accordance with standing orders;
(c) confer
powers on any committee or panel established by or in accordance with standing
orders to require any person to –
(i) appear before it, and
(ii) give evidence and produce documents to
it;
(d) make
it an offence liable to imprisonment for a term of up to 2 years and to a
fine of up to level 3 on the standard scale for any person to –
(i) disobey any lawful order made by a
committee or established by or in accordance with standing orders for
attendance or for production of documents, or
(ii) refuse to be examined before, or to
answer any lawful and relevant question put by a committee or panel established
by or in accordance with standing orders;
(e) confer
on persons appearing before any committee or panel established by or in
accordance with standing orders immunity from civil and criminal proceedings
for words spoken before or in a written report to the committee or panel;
(f) confer
on persons appointed by any committee or panel established by or in accordance
with standing orders to advise the committee or panel on any technical matter,
immunity from civil and criminal proceedings when questioning persons appearing
before the committee or panel.[79]
50 Regulations:
transition and implementation
(1) The
States may by Regulations –
(a) provide for the transfer, on the coming into
force of Article 43(3), of functions vested in Committees of the States to
Ministers and, where appropriate, to the Privileges and Procedures Committee
and Public Accounts Committee established by standing orders;
(b) amend enactments, and provide for the
construction of enactments of the United Kingdom having effect in Jersey, for
the purpose of implementing the repeal of the States of Jersey Law 1966[80] and its replacement with this Law, in particular, the abolition of
Committees of the States and the establishment of a ministerial system of
government by this Law and of a Privileges and Procedures Committee and Public
Accounts Committee by standing orders; and
(c) make such transitional provisions and
savings as may be required upon the repeal the States of Jersey Law 1966
and the coming into force of this Law.
(2) Regulations
made under paragraph (1)(a) may include provisions –
(a) for
the transfer of any movable property held, any rights enjoyed and any
liabilities (whether civil or criminal) incurred by a Committee of the States
in connection with any function transferred, including any such rights and
liabilities in respect of which, at the time of transfer, no claim has been
made or no proceedings have been commenced;
(b) for
the carrying on and completion by or under the authority of the Minister or
Committee to whom functions are transferred of anything commenced, before the
Regulations have effect, by or under authority of the Committee of the States
from whom the functions are transferred;
(c) without
prejudice to the generality of paragraph (1)(b), for the amendment of
enactments relating to any functions;
(d) without
prejudice to the generality of paragraph (1)(b), for the construction of
enactments of the United Kingdom having effect in Jersey relating to any
functions transferred;
(e) for
the construction and adaptation of any instrument, contract or legal
proceedings (whether civil or criminal) made or commenced before the
Regulations have effect.
(3) Without
prejudice to the generality of paragraph (1)(c), the States may by
Regulations modify Article 19 in its application to the first selection
and appointment of a Chief Minister and Ministers which takes place after this
Law comes into force.
(4) Regulations
made under this Article may include such ancillary, consequential and
supplementary provision as the States think fit.
51 Authority
for prosecutions
No prosecutions for an offence
under this Law or standing orders shall be instituted except by or with the
consent of the Attorney General.
51A Service
of documents on Ministers[81]
(1) The
Chief Minister shall by Order specify –
(a) the proper address for the Chief Minister;
and
(b) in relation to each other Minister, the proper address for that Minister.
(2) An
address specified by Order under paragraph (1) in relation to the Chief
Minister or a Minister is, for all purposes (including any enactment, whenever
passed or made) the proper address for service of documents on the Chief
Minister or that Minister.
52 Amendments
Schedule 3 shall have effect
to amend Orders in Council applicable to Jersey.
53 Citation
This Law may be cited as the States
of Jersey Law 2005.