Honorary Police (Jersey) Regulations 2005

Revised Edition

23.220.15

Showing the law as at 1 January 2016

This is a revised edition of the law




Honorary Police (Jersey) Regulations 2005

THE STATES, in pursuance of Article 4 of the Police Force (Jersey) Law 1974[1], have made the following Regulations –

Commencement [see endnotes]

part 1

preliminary

1        Interpretation

In these Regulations, unless the context otherwise requires –

Association” means the Honorary Police Association;

Chef de Police” means the Centenier of a parish appointed by the Connétable of that parish to be the Chef de Police for that parish;

Comité” means Le Comité des Chefs de Police;

Law” means the Honorary Police (Jersey) Law 1974[2];

member of the Honorary Police” means a Centenier, a Vingtenier or a Constable’s Officer.

part 2

honorary police

2        Qualification for election or re-election to office[3]

(1)     Subject to this Regulation and Regulation 4A, a person shall only be qualified for election or re-election to office as a member of the Honorary Police of a parish if –

(a)     the person resides in the parish; and

(b)     on the day of nomination as a candidate for election or re-election, the person has attained the age of 20 but has not attained the age of 70.

(2)     The requirement for residence in paragraph (1) is subject to the Parish of St. Helier (Qualifications for Office) (Jersey) Law 1976[4].

(3)     Notwithstanding the upper age limit in paragraph (1)(b) but subject to paragraph (4), a member of the Honorary Police of a parish is qualified –

(a)     for re-election to the same office; or

(b)     whilst in office, for election to another office in the Honorary Police of that parish,

if on the day of nomination as a candidate that member has attained the age of 70.

(4)     If a member of the Honorary Police to whom paragraph (3) applies is re-elected or elected (as the case may be), that member is disqualified –

(a)     on the expiry of his or her term of office, for further re-election to that office; or

(b)     whilst in office, for election to another office in the Honorary Police of that parish.

3        Declaration by candidates for election

A person seeking election as a member of the Honorary Police shall, at the time of nomination, make a declaration in writing to the Connétable of the parish concerned that he or she is not disqualified, by virtue of these Regulations or any other enactment, for being so elected.

4        Honorary Police Association[5]

(1)     There is established an association known as the Honorary Police Association of which every member of the Honorary Police shall be a member.

(2)     The Association shall –

(a)     seek to strengthen and uphold the Honorary Police by fostering and maintaining the unity of its members; and

(b)     represent its members in matters affecting their welfare and efficiency.

(3)     The Association shall make rules to regulate its management, proceedings and business.

(4)     Rules made under paragraph (3) shall not conflict with the Law, these Regulations and any Regulations made under the Police (Complaints and Discipline) (Jersey) Law 1999[6].

(5)     The Attorney General may set aside any decision of the Association at any time.

4A     Continuation in and election to office after ceasing to reside in parish[7]

(1)     Notwithstanding the requirement for residence in Regulation 2(1), a member of the Honorary Police who, during his or her term of office, ceases to reside in the parish for which he or she was elected shall continue to hold that office until –

(a)     his or her resignation in accordance with Regulation 5; or

(b)     his or her discharge from office by the Royal Court.

(2)     Notwithstanding the requirement for residence in Regulation 2(1), a member of the Honorary Police who has ceased to reside in the parish for which he or she was elected shall not, by reason only of ceasing to be resident there, be disqualified –

(a)     for re-election to that office; or

(b)     whilst in office as a member of the Honorary Police of that parish, for election to another office in the Honorary Police of that parish.[8]

(3)     Paragraphs (1) and (2) do not permit a person to hold office as a member of the Honorary Police of more than one parish.

5        Resignation

A member of the Honorary Police may resign from office of his or her own volition only if –

(a)     the member has notified the Connétable of the parish concerned and the Attorney General of the reasons for wishing to do so; and

(b)     those reasons are accepted by the Attorney General.

part 3

chefs de police

6        Appointment

(1)     The power of a Connétable to appoint a Chef de Police shall be exercised whenever the office of Chef de Police for the parish concerned is vacant.

(2)     The Chef de Police may be appointed for a specified term (not exceeding the remainder of the person’s term of office as Centenier).

(3)     If no term is specified in the appointment of a person as Chef de Police, the person is taken to have been appointed for a term equal to the remainder of the person’s term of office as Centenier.

(4)     The Connétable shall inform the Attorney General in writing of his or her appointment of a Chef de Police within 7 days after the appointment.

6A     Functions[9]

A Chef de Police shall –

(a)     in so far as circumstances permit, deliver the key aims and objectives of any policies of the Connétable of the parish for the effective policing of the parish and to enhance the policing service in the parish; and

(b)     supervise and manage the members and resources of the Honorary Police of the parish.

7        Consultation before appointment

(1)     The Connétable shall consult the members of the Honorary Police of the parish concerned before appointing a Chef de Police.

(2)     The Connétable may conduct the consultation in any way that the Connétable thinks fit.

(3)     The Connétable shall consider the advice of the members of the Honorary Police on the appointment, but is not bound to follow that advice.

7A     Appointment of Centenier to discharge functions of Chef de Police[10]

(1)     A Connétable may, at any time when the Connétable is satisfied that the Chef de Police is, or is about to be, unable for any reason to discharge the functions of the Chef de Police, appoint a Centenier to discharge those functions.

(2)     A Centenier appointed under paragraph (1) shall discharge the functions of the Chef de Police only for so long as the Connétable is satisfied that the Chef de Police is unable to do so.

(3)     The Connétable shall, as soon as may be practicable, inform the Attorney General in writing of –

(a)     the appointment of a Centenier to discharge the functions of the Chef de Police and the date from which the Centenier discharges those functions; and

(b)     the date from which the Chef de Police resumes the discharge of those functions.

8        Comité des Chefs de Police

(1)     There is established a Committee, known as Le Comité des Chefs de Police of which every Chef de Police shall be a member.

(2)     The Comité shall –

(a)     foster co-operation with the States of Jersey Police Force and work with all appropriate States or other community organisations; and

(b)     promote consistency and high standards of operational practice between the Honorary Police of each parish.[11]

(3)     The Comité shall make rules to regulate its management, proceedings and business.[12]

(4)     Rules made under paragraph (3) must not conflict with the Law, these Regulations and any Regulations made under the Police (Complaints and Discipline) (Jersey) Law 1999[13].[14]

(5)     The quorum for a meeting of the Comité is 7 members.[15]

(6)     A decision of the Comité made in accordance with its rules binds all the members of the Comité.

(7)     The Attorney General may set aside any decision of the Comité at any time.

9        Vacation of office

(1)     A person vacates office as Chef de Police –

(a)     if the term of the office comes to an end;

(b)     if the person resigns from the office;

(c)     if the person is removed from the office by the Connétable of the parish concerned after the Connétable has consulted the Attorney General; or

(d)     if the person ceases to be a Centenier of the parish concerned.[16]

(2)     A Connétable who removes a person from the office of Chef de Police shall inform the Attorney General in writing of the removal and shall do so within 7 days after the removal.

(3)     A person who vacates office as Chef de Police shall, while the person is a Centenier of the parish concerned, be eligible for re-appointment as Chef de Police.

part 4

concluding provisions

10      Application and saving

(1)     Part 3 shall apply to or in respect of an appointment to the office of Chef de Police made at any time after commencement of Part 3 and to or in respect of a person who is the subject of such an appointment so made.

(2)     In addition, Regulation 9 shall apply to or in respect of a person who, after commencement of Part 3, holds the office of Chef de Police by virtue of an appointment to that office made before such commencement, but shall not have any effect during, or in respect of, the period before commencement.

(3)     These Regulations do not affect the operation of any rule of customary law that is not inconsistent with them.

11      Consequential provision

The Association of Centeniers and the Association of Vingteniers and Constable’s Officers shall be dissolved.

12      Citation

These Regulations may be cited as the Honorary Police (Jersey) Regulations 2005.

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

Honorary Police (Jersey) Regulations 2005

R&O.1/2005

26 January 2005 except -

1 April 2005, Part 2 and Regulations 11 and 12

Honorary Police (Amendment) (Jersey) Regulations 2009

R&O.102/2009

13 October 2009 except -
23 April 2010, Regulations 2 and 3

Connétables (Miscellaneous Provisions – Consequential Amendments) (Jersey) Regulations 2014

R&O.81/2014

1 August 2014 (R&O.80/2014)

Honorary Police (Amendment No. 2) (Jersey) Regulations 2014

R&O.82/2014

8 July 2014

Honorary Police (Amendment No. 3) (Jersey) Regulations 2015

R&O.136/2015

10 November 2015

Table of Renumbered Provisions

Original

Current

11(1)

Spent, omitted

11(2)

11

12

Spent, omitted

13

12

Table of Endnote References



[1]                                    chapter 23.220, formerly chapter 23.375

[2]                                    chapter 23,220, formerly chapter 23.375

[3] Regulation 2            substituted by R&O.136/2015

[4]                                    chapter 16.500

[5] Regulation 4            substituted by R&O.82/2014

[6]                                    chapter 23.325

[7] Regulation 4A         inserted by R&O.102/2009

[8] Regulation 4A(2)   amended by R&O.81/2014

[9] Regulation 6A         inserted by R&O.82/2014

[10] Regulation 7A        inserted by R&O.102/2009

[11] Regulation 8(2)     substituted by R&O.82/2014

[12] Regulation 8(3)     substituted by R&O.82/2014

[13]                                   chapter 23.325

[14] Regulation 8(4)     amended by R&O.82/2014

[15] Regulation 8(5)     amended by R&O.82/2014

[16] Regulation 9(1)     amended by R&O.82/2014


Page Last Updated: 30 Apr 2019