States of Jersey
(Transfer of Functions from Committees to Ministers) (Jersey) Regulations 2005
1 Interpretation
(1) In these Regulations
any reference to “the receiving Minister” means the Minister to
whom functions are transferred under these Regulations and any reference to
“the transferring Committee” means the Committee from which those
functions are transferred.
(2) In these Regulations,
“States’ Reform Act” means the States’ Reform:
Reorganization of Committees (Transitional Arrangements) (Jersey) Act 2002.[3]
2 Transfer of functions from Committees to Ministers
(1) Subject to paragraph (2),
the functions of a Committee listed in column 1 below shall be transferred to the
Minister listed opposite that Committee in column 2 below.
|
1
transferring Committee
|
2
receiving Minister
|
|
Policy and Resources Committee
|
Chief Minister
|
|
Finance and Economics Committee
|
Minister for Treasury and Resources
|
|
Economic Development Committee
|
Minister for Economic Development
|
|
Health and Social Services Committee
|
Minister for Health and Social Services
|
|
Education, Sport and Culture Committee
|
Minister for Education, Sport and Culture
|
|
Home Affairs Committee
|
Minister for Home Affairs
|
|
Employment and Social Security Committee
|
Minister for Social Security
|
|
Housing Committee
|
Minister for Housing
|
|
Harbours and Airport Committee
|
Minister for Economic Development
|
|
Legislation Committee
|
Chief Minister
|
|
Committee for Postal Administration
|
Minister for Economic Development [4]
|
(2) The
functions of the transferring Committee listed in column 1 below shall be
transferred to the receiving Minister listed opposite that Committee in column
2 below.
|
1
transferring Committee
|
2
receiving Minister
|
|
Harbours and Airport Committee under the Chemical Weapons Act 1996
as extended to Jersey under the Chemical Weapons Act 1996 (Jersey) Order 1998
|
Minister for Home Affairs[5]
|
2A Transfer
of functions of Environment and Public Services Committee[6]
The functions of the transferring Committee listed in column 2 of
the Schedule shall be transferred to the receiving Minister listed opposite that
Committee in column 3 of the Schedule.
3 Rights
and liabilities transferred
(1) All rights enjoyed and
liabilities incurred by the transferring Committee in connection with the
functions transferred by Regulations 2 and 2A shall be transferred to the
receiving Minister and become the rights and liabilities of the receiving
Minister.[7]
(2) A provision of a
contract or other instrument that specifies that a right or liability of the
transferring Committee 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.
4 Construction
of documents
In the construction of, and for the purposes of, any judgment,
award, contract, certificate or other document passed or made before this Act
comes into force, anything that is, or is to be construed as, a reference to
the transferring Committee or its officers shall, so far only as may be
necessary for and in consequence of the transfers effected by Regulations 2, 2A
and 3, be construed as a reference to the receiving Minister or any officer in
an administration of the States for which the receiving Minister is
responsible.[8]
5 Transitional
provisions
(1) The transfers effected
by Regulation 2, 2A and 3 shall not prejudice the operation of any appointment,
delegation, determination, direction, instruction, approval, consent,
requirement, authorization or other thing that is, before these Regulations
come into force, made, given or done by the transferring Committee 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.[9]
(2) Anything commenced
before these Regulations come into force by or under the authority of the
transferring Committee may, so far as it relates to the functions, rights, or
liabilities transferred by Regulations 2, 2A and 3, be carried on and completed
by or under the authority of the receiving Minister.[10]
(3) Where, at the coming
into force of these Regulations, any legal proceeding is pending to which the
transferring Committee is a party and the proceeding has reference to any of
the functions, rights, or liabilities transferred by Regulations 2, 2A and 3,
the receiving Minister shall be substituted in the proceeding for the
transferring Committee and the proceeding shall not abate by reason of the
substitution.[11]
6 Citation
These Regulations may be cited as the States of Jersey (Transfer of
Functions from Committees to Ministers) (Jersey) Regulations 2005.