Connétables
(Jersey) Law 2008
A LAW to make provision as to the
terms of office of the Connétables of the
12 Parishes of Jersey and arrangements for their election, and for
connected purposes
Commencement
[see endnotes]
1 Term of office of Connétables
(1) Subject
to Article 2A, Connétables shall be
elected for a term of 4 years.[1]
(2) Notwithstanding
the term of office stated for Connétables in
paragraph (1), a Connétable shall retire
on his or her place being filled by an ordinary election.
(3) Where
a Connétable resigns before the expiry of his
or her term of office, he or she shall continue in office until his or her
place is filled by an election ordered under Article 3(2) or, by virtue of
Article 3(3), an ordinary election.
(4) The
place of a Connétable is filled upon the
person elected to fill the place taking the oath of the office.
2 Ordinary
elections for Connétables[2]
(1) Subject to Article 2A, an ordinary
election for Connétables shall be held in the
period of 7 days beginning on 16th May in every 4th year, commencing in
May 2018.
(2) The States may by Regulations amend
paragraph (1) so as to alter the period, in every 4th year, within which
an ordinary election must be held, both as to its duration and the day it
begins.
2A Transitional
arrangements in 2011 and 2014[3]
(1) An ordinary election shall be held in the
period of 7 days beginning on 15th October 2011 to elect Connétables for a term expiring on their places
being filled by the ordinary election in October 2014.
(2) An ordinary election shall be held in the
period of 7 days beginning on 15th October 2014 to elect Connétables for a term expiring on their places
being filled by the ordinary election in May 2018.
(3) Article 17(1) of the Public Elections
(Jersey) Law 2002[4] shall apply to an election required under this Article as it
applies to an election required under Article 2.
3 Casual
vacancy in office of Connétable
(1) This
Article applies where a casual vacancy occurs in the office of Connétable, being a vacancy occurring otherwise than
upon retirement of the officeholder under Article 1.
(2) Subject
to paragraph (3), the Royal Court shall, on being informed of the vacancy,
make an order under the Public Elections
(Jersey) Law 2002[5] for an election to fill the
vacancy to be held as soon as is convenient.
(3) Where
the vacancy occurs less than 2 months before an ordinary election for Connétables –
(a) the
Royal Court shall not order an election to fill the vacancy; and
(b) the
vacancy shall be filled by that ordinary election.[6]
(4) The
States may by Regulations amend the period in paragraph (3).[7]
4 Term
of office of person filling casual vacancy
A person elected to fill a casual vacancy in the office of Connétable shall hold office until the day on which
the person in whose place he or she is elected would have retired under
Article 1 or 2A, and shall then retire.[8]
4A Declaration to be made when nominated[9]
(1) Subject
to paragraph (1A), a person seeking election as a Connétable
shall, at the time of his or her nomination, be required to make a declaration,
in writing –
(a) that
he or she is not disqualified, whether under this Law or any other enactment,
from being elected;
(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[10], of his or her spent
convictions, whether in Jersey or elsewhere, for any of the following offences
–
(i) treason,
(ii) murder,
(iii) manslaughter,
(iv) any offence that is a
relevant offence within the meaning of the Sex Offenders (Jersey) Law 2010[11],
(v)
(vi)
(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[12].[13]
(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 have been an offence.[14]
(2) The
person presiding at a nomination meeting convened under Article 20 of the
Public Elections (Jersey) Law 2002[15] 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.[16]
(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
declaration required by paragraph (1) shall be in the form set out in the
Schedule (which the States may by Regulations amend).
(6) In
this Article “spent conviction” has the same meaning as in the
Rehabilitation of Offenders (Jersey) Law 2001[17].
4B Qualification
for election as Connétable[18]
(1) A
person shall, unless disqualified by paragraph (2), Article 4C or any
other enactment, be qualified for election as a Connétable
if he or she –
(a) is
of full age; and
(b) is
a British citizen who has been ordinarily resident in Jersey –
(i) for
a period of at least 2 years up to and including the day of the election,
or
(ii) for a period of
at least 6 months up to and including the day of the election, as well as
having been so resident at any time for an additional period of (or additional
periods totalling) at least 5 years.
(2) A
person shall be disqualified for election 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[19], to stand for election as a Connétable.
(3) A
retiring Connétable who is not disqualified by
this Law or any other enactment shall be eligible for re-election.
4C Disqualification
for election or office[20]
(1) A person
shall be disqualified for election as a Connétable
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 guardianship under the Mental Health
(Jersey) Law 1969[21];
(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) or (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[22] by virtue of being, within
the meaning of that Law, a public official or a member, officer or employee of
a public body;
(h) within
the 7 years immediately preceding the date of his or her election, or
since that election, has been convicted, whether or not in Jersey or elsewhere,
of any offence and liable to be imprisoned for a period of not less than
3 months, without the option of a fine.
(2) A
person shall be disqualified from holding office as a Connétable
by reason of –
(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.
4D Supervisory
jurisdiction of the Royal Court[23]
Nothing in Article 4B or 4C shall be taken to
derogate in any way from the supervisory jurisdiction of the Royal Court in
relation to the office of Connétable.
5 Transitional
arrangements
(1) Except
as provided in this Article, the terms of office of the Connétables
who are in office on 28th March 2008, and of any person who fills a casual
vacancy in such an office, are unaffected by this Law.
(2) The
first ordinary election for Connétables shall
be held in 2008.
(3) The
following Connétables shall retire upon their
places being filled by the first ordinary election –
(a) every
Connétable whose term of office expires
in 2008;
(b) every
other Connétable who has delivered notice in
accordance with paragraph (4).
(4) A Connétable may, on or before 15th August 2008,
deliver to the Attorney General notice, in writing, of his or her resignation,
for the purpose of his or her place being filled by the first ordinary
election.
(5) A
notice delivered under paragraph (4) cannot be withdrawn.
(6) Where
a Connétable who has delivered notice in
accordance with paragraph (4) subsequently ceases, for any reason, to hold
office and, before the first ordinary election, a person is elected to fill the
casual vacancy in the office, that person shall be bound by the notice delivered
by his or her predecessor.
(7) Notwithstanding
Article 1(1), upon the expiry of the term of office of any Connétable whose place is not filled by the first
ordinary election, the person elected to fill the place shall be elected for a
term expiring upon his or her place being filled at the ordinary election for Connétables in 2011.
(8) The
States may, by Regulations, make further transitional arrangements in
connection with the commencement of this Law.
6 Citation
This Law may be cited as the Connétables
(Jersey) Law 2008.