Jersey Law 1/1985
ROYAL COURT (AMENDMENT No. 4) (JERSEY) LAW, 1985.
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A LAW to amend further the
Royal Court (Jersey) Law, 1948 sanctioned by Order of Her Majesty in Council of
the
22nd day of november, 1984.
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(Registered on the 11th
day of January, 1985).
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STATES OF JERSEY.
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The 25th day of
September, 1984.
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THE
STATES, subject to the sanction of Her Most Excellent Majesty in Council,
have adopted the following Law: -
ARTICLE 1
After Part I of the Royal Court (Jersey) Law, 1948, as amended (hereinafter referred to as “the principal
Law”) there shall be inserted the following new Part –
“PART IA
ARTICLE 10A
Appointment of Commissioners
(1) The
Bailiff may from time to time appoint qualified persons, to be known as
Commissioners, to preside over the Royal Court.
(2) No
person shall be qualified to be appointed a Commissioner unless he –
(a) holds
or has held judicial office in the Commonwealth; or
(b) has
been at least ten years in practice –
(i) at
the Bar; or
(ii) as
a Solicitor (‘Ecrivain’) of the Royal Court,
in the Island, whether as a Law Officer of the Crown or otherwise;
or
(c) has
been at least ten years in practice at the Bar in England and Wales, Scotland,
Northern Ireland, Guernsey or the Isle of Man.
(3) An
appointment under paragraph (1) of this Article may be made for the purposes of
the hearing of such civil, criminal or mixed causes or matters as the Bailiff
thinks fit and may be made for –
(a) the
hearing of a particular cause or matter; or
(b) a
specified term.
(4) Where
an appointment under paragraph (1) of this Article is made for the hearing of a
particular cause or matter such appointment shall continue for the duration of
the hearing of that cause or matter.
(5) Where
an appointment under paragraph (1) of this Article is made for a specified term
the appointment shall specify the term for which the person is appointed as a
Commissioner and the frequency and duration of the occasions during that term
on which he will be required to be available to undertake the duties of a
Commissioner.
(6) In
the case of an appointment referred to in paragraph (5) of this Article the
Bailiff may –
(a) vary
the frequency and duration of the occasions on which a Commissioner will be
required to be available to undertake the duties of a Commissioner; and
(b) with
the agreement of the Commissioner concerned, extend for such period as he
thinks appropriate the term for which that Commissioner was appointed.
(7) The
Bailiff may if he thinks fit terminate the appointment of any Commissioner on
the ground of incapacity or misbehaviour, and, in the case of an appointment
referred to in paragraph (5) of this Article, on the ground of failure to
comply with any requirement in the terms of his appointment.
(8) Commissioners
shall receive such remuneration as may be prescribed, after consultation with
the Bailiff, by Act of the States, and shall be entitled to reimbursement of
all travelling and other expenses incurred by them in the discharge of their
functions under this Article.
(9) Monies
payable under paragraph (8) of this Article shall be defrayed out of the annual
income of the States.
ARTICLE
10B
Oath of Commissioner
(1) Every
Commissioner appointed by the Bailiff shall, before he enters upon the discharge
of his duties, take, on the motion of Her Majesty’s Attorney General,
oath of office before the Superior Number of the Royal Court in accordance with
the form of oath set out in the Second Schedule to this Law.
(2) If
a Commissioner so appointed fails or refuses to take oath of office, the Court
shall, on the motion of Her Majesty’s Attorney General, declare the
appointment null and void.
ARTICLE
10C
Powers of Commissioners
Where a Commissioner presides over the Royal Court the powers of
the Bailiff specified in Article 13 of this Law shall be exercised by that
Commissioner.”.
ARTICLE 2
At the end of the Second Schedule to the principal Law shall be inserted the following form of oath
–
“Oath of Office of Commissioner
You swear and promise before God that well and faithfully you will
exercise the office of Commissioner; that you will be faithful and bear true
allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors,
according to law; that you will uphold and maintain the laws and usages and the
privileges and freedoms of this Island and that you will vigorously oppose
whomsoever may seek to destroy them; that you will administer justice to all
manner of persons without favour or partiality; and that you will take heed of
the good advice and counsel of the Jurats as the case may require.”
ARTICLE 3
This Law may be cited as the Royal Court (Amendment No. 4) (Jersey)
Law, 1985.
R.S. GRAY
Deputy Greffier of the States.