Jersey Law 1/1951

JUDICIAL AND LEGISLATIVE FUNCTIONS (SEPARATION) (JERSEY) LAW, 1951

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A LAW     to provide for the separation of judicial and legislative functions, sanctioned by Order of His Majesty in Council of the

29th day of JANUARY, 1951.

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(Registered on the 3rd day of February, 1951).

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STATES OF JERSEY.

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The 31st day of October, 1950.

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WHEREAS, by the proviso to paragraph (2) of Article 3 of the Royal Court (Jersey) Law, 19481 the Royal Court and the States were required, within the ten years next following the coming into force of that Law, to appoint, from amongst their respective members, delegates to consider, in joint consultation, the possibility of ensuring the complete separation of judicial and legislative functions without unduly depriving the Royal Court or the States of the services of a sufficient number of experienced persons to ensure the efficient discharge of the functions both of the Royal Court and of the States;

AND WHEREAS delegates of the Royal Court and of the States, appointed for the purpose aforesaid have agreed that such a separation may now properly be effected;

THE STATES, subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law: -

ARTICLE 1

SEPARATION OF FUNCTIONS

(1)           A Jurat shall not be disqualified for being elected to the office of Senator or Deputy, but he shall cease to hold the office of Jurat on taking the oath of Senator or Deputy, as the case may be.

(2)           A Senator or a Deputy shall not be disqualified for being appointed to the office of Jurat, but he shall cease to hold the office of Senator or Deputy, as the case may be, on taking the oath of office of Jurat.

ARTICLE 2

REPEAL

* * * * * *2 in paragraph (2) of Article 3 of the Royal Court (Jersey) Law, 1948,3 sub-paragraph (c) and the proviso shall be deleted.

ARTICLE 3

SAVING

Nothing in this Law shall disqualify those Jurats who were elected to the office of Senator at the ordinary election held in the year nineteen hundred and forty-eight for holding the offices both of Jurat and of Senator during the term of office for which they were elected at that election.

ARTICLE 4

SHORT TITLE

This Law may be cited as the Judicial and Legislative Functions (Separation) (Jersey) Law, 1951.