Children’s
Property and Tuteurs (Transitional Provisions) (Jersey) Order 2016
1 Interpretation
In this Order, the “Law” means the Children’s Property and Tuteurs (Jersey)
Law 2016, and a reference to the “commencement date” is to the
date on which the Law comes into force.
2 Application
of Law in relation to existing tuteurs, etc.
(1) In relation to a tuteur under a tutelle
formed before the commencement date (an “existing tuteur”), nothing in the Law shall be taken
as invalidating the existing tuteur’s
appointment and the Law shall apply, subject to paragraphs (3) to (7), as
though –
(a) the
existing tuteur were
appointed under Article 2(1) or (3) and (7) of the Law; and
(b) references
in the Law to a tuteur
were to the existing tuteur.
(2) For the avoidance of
doubt, paragraph (1) does not have effect to save, on or after the
commencement date, any function of the électeurs
of a tutelle in relation to which that
paragraph applies, except such a function exercisable in relation to the
approval of accounts in respect of any period before the commencement date.
(3) Article 2(14)
shall not apply in relation to an existing tuteur.
(4) Notwithstanding that,
before the commencement date, a tutelle has
been formed in relation to any property, an application for the appointment of
a tuteur may be made to the Royal Court in
relation to the same property under Article 2(6) of the Law.
(5) Upon an application
being made as provided by paragraph (4), the Royal Court may (in
particular, and without derogating from the generality of its powers under the
Law to make orders and give directions in such a case) exercise its powers
under Article 2 of the Law –
(a) to
appoint a tuteur
including (where an existing tuteur has
been appointed) an additional tuteur; or
(b) to
appoint a tuteur in
place of an existing tuteur,
and in such a case the Royal Court may also exercise its powers, under Article 5
of the Law, to discharge the existing tuteur.
(6) In the case where a
minor attains full age or dies on or after the commencement date but before 1st
January 2017, the Law shall not apply, and the cessation of the tutelle shall take place in accordance with the
relevant rules of customary law and any applicable provision of written law in
force immediately before the commencement date.
(7) In any case other than
the case described in paragraph (6), Article 8 of the Law and Schedule 2
to the Law shall apply in relation to an existing tuteur –
(a) as
though the definition “appointment date” in paragraph 1 of Schedule 2
were omitted;
(b) as
though for paragraph 2 of Schedule 2 there were substituted the
following paragraph –
“A tuteur must, no later than 31st December 2016, deliver to the
Judicial Greffier –
(a) an inventory of the minor’s property;
and
(b) a copy of the accounts last submitted, in
accordance with Article 4 of the Loi (1862) sur les Tuteurs, to the électeurs
of the tutelle.”;
(c) as
though in paragraph 3 of Schedule 2 –
(i) for sub-paragraph (2)
there were substituted the following sub-paragraph –
“(2) Accounts must be prepared for
the calendar year commencing on 1st January 2017 and for each subsequent
calendar year, for the duration of the tuteur’s
appointment.”, and
(ii) in
sub-paragraph (4) for the words “the period of 12 months”
there were substituted the words “the end of the calendar year”.
3 Saving
for right of action against tuteurs etc.
Notwithstanding Articles 12 and 13 of the Law, nothing in the
Law or in this Order shall affect any right of action which has accrued at the
commencement date against –
(a) an existing tuteur; or
(b) an électeur of a tutelle
formed before the commencement date,
under any rule of customary law or any provision of written law in
force immediately before the commencement date.
4 Citation
This Order may be cited as the Children’s Property and Tuteurs
(Transitional Provisions) (Jersey) Order 2016.