Jersey Law 2/1966
“STATES OF JERSEY LAW, 1966”,
COMFIRMÉ PAR
Ordre de Sa
Majesté en Conseil
en date du 31
décembre 1966.
____________
(Enregistré le 11 mars 196).
“STATES OF JERSEY LAW, 1966”,
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ARRANGEMENT OF
ARTICLES.
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Article
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PART I.
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CONSTITUTION OF THE
STATES
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1.
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Constitution of the States
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2.
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Officers of the States
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3.
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Presidency in absence of Bailiff and Deputy Bailiff ........
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4.
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Constituencies
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5.
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Term of office
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6.
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7.
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Oath of office
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8.
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Disqualification for office
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9.
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Disqualification on elected members for holding office
in part-time service of the States ......................................
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10.
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Validity of acts done by unqualified persons
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11.
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Re-election
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12.
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Elections ...........................................................................
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13.
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Resignation
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14.
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Filling of casual vacancies
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15.
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Term of office of persons filling casual vacancies
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PART II.
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PROCEDURE IN THE
STATES
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16.
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Meetings of the States
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17.
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Duty of Constable in event of
inability to attend meeting of the States ..................................................................
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18.
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Quorum.
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19.
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Penalty for failure to attend meetings of the States
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20.
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Names of members present to be recorded
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21.
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Decisions on questions
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22.
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Bailiff’s power of dissent
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23.
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Lieutenant-Governor’s power of veto .............................
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24.
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Provisions regarding the lodging
of propositions au Greffe
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25.
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Minutes
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26.
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Vacancy etc. not to invalidate proceedings
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27.
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Standing orders
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PART III.
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COMMITTEES OF THE
STATES
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28.
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Constitution of Committees .............................................
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Power to transfer functions etc.
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30.
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Committees of Inquiry
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31.
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Vice-President ..................................................................
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32.
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Power of Committees to appoint
members to Sub-Committees
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33.
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Names of members present to be recorded ......................
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34.
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Minutes
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35.
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Vacancy etc. not to invalidate proceedings
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36.
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Procedure of Committees
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PART IV.
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POWERS, PRIVILEGES,
IMMUNITIES AND OFFENCES
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37.
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Immunity from legal proceedings
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38.
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Entry to States
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39.
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Regulation of admission to States ....................................
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40.
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Power of Bailiff to order withdrawal from States
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41.
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Power of Committee of Inquiry to
order attendance of witnesses
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42.
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Attendance to be notified by summons
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43.
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44.
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Witnesses may be examined on oath
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45.
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Objection to answer question or to produce papers ..........
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46.
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Privileges of witnesses
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47.
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Evidence of proceedings in the
States or any Committee not to be given without leave
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48.
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Offences relating to admittance to the States
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49.
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Other offences
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50.
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Acceptance of bribes by members of the States
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51.
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Minutes of the States and Committees to be evidence .....
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52.
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Penalty for printing false copy
of enactments or other States’ documents
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53.
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Protection of persons responsible
for publications authorized by the States ................................................
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54.
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Publication of proceedings without malice
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55.
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Exercise of jurisdiction by courts
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56.
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Powers of Viscount
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57.
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Authority for prosecutions.
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PART V.
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GENERAL
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Interpretation
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59.
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Saving of powers ..............................................................
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60.
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Repeal, savings and transitional provisions
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61.
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Short title and commencement
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First Schedule .................................................................................
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Third Schedule
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Jersey Law 2/1966
STATES OF JERSEY LAW, 1966.
____________
A LAW to
codify, with sundry amendments, the Law regarding the constitution, procedure
and Committees of the States of Jersey, to declare and define the powers,
privileges and immunities of the States, and to make provision in relation to
certain ancillary matters, sanctioned by Order of Her Majesty in Council of the
31st day of JANUARY, 1966.
____________
(Registered on the 11th day of March, 1966).
____________
STATES OF JERSEY.
____________
The 12th day of
October, 1965.
____________
THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law : -
PART I
CONSTITUTION OF THE STATES
ARTICLE 1
CONSTITUTION OF THE STATES
(1) The
States of Jersey are constituted as follows –
the Bailiff, who is the President ;
the Lieutenant-Governor ;
twelve Senators, elected in manner provided by this Law ;
the Constables of the twelve Parishes of the Island, who are
members of the States by virtue of their office ;
twenty-eight Deputies, elected in manner provided by this Law ;
the Dean of Jersey, the Attorney General and the Solicitor General.
(2) All
members of the States have the right to speak in the Assembly but, subject to
paragraph (2) of Article 21 of this Law, only the Senators, Constables and
Deputies (in this Law referred to as “the elected members of the
States”) have the right to vote.
ARTICLE 2
OFFICERS OF THE STATES
The officers of the States are the Greffier of the States who is
the clerk of the States, the Deputy Greffier of the States who is the
clerk-assistant of the States, the Viscount who is the executive officer of the
States.
ARTICLE 3
PRESIDENCY IN ABSENCE OF BAILIFF AND DEPUTY BAILIFF
If both the Bailiff and the Deputy Bailiff are unable to preside at
a meeting of the States, such elected member or officer of the States as the
Bailiff shall choose, shall preside at the meeting and, subject to any standing
orders, anything authorized or required to be done by the Bailiff while
presiding at a meeting of the States may or shall be done by the person so
chosen while presiding at the meeting in question.
ARTICLE 4
CONSTITUENCIES
(1) For
the purpose of the election of Senators, the Island shall be a single
constituency.
(2) For
the purpose of the election of Deputies, the Island shall be divided into the
constituencies mentioned in the first column of the First Schedule to this Law
and each such constituency shall return the number of Deputies mentioned in
relation thereto in the second column of the said Schedule.
ARTICLE 5
TERM OF OFFICE
(1) Senators
shall be elected for a term of six years and, in every third year, six Senators
shall retire on their places being filled by an ordinary election.
(2) Deputies
shall be elected for a term of three years and shall retire on their places
being filled by an ordinary election.
ARTICLE 6
QUALIFICATIONS FOR OFFICE
A person shall, unless disqualified by virtue of this Law or any
other enactment, be qualified to be elected and to be a Senator or a Deputy if
he is of full age and a British subject who –
(a) was born in the Island
; or
(b) has, during the two
years preceding the day of election, been ordinarily resident in the Island.
ARTICLE 7
OATH OF OFFICE
The oath of office of Senators and Deputies shall be in the form
set out in the Second Schedule to this Law.
ARTICLE 8
DISQUALIFICATION FOR OFFICE
(1) Subject
to the provisions of this paragraph, a person shall be disqualified for being
elected or for being a Senator or a Deputy if –
(a) he holds any paid
office or other place of profit under the Crown ;
(b) he is a paid officer in
the full-time service of the States or any administration of the States ;
(c) he is a paid officer in
the full-time service of any parochial authority ;
(d) he is under twenty-one
years of age ;
(e) he is a patient at an
institution maintained by virtue of the “Loi (1890) sur l’Asile
Public pour les Aliénes” ;
(f) he has a curator
of his person or his property ;
(g) he has an attorney
without whom he may not act in matters real or personal ;
(h) he has become bankrupt
or made a composition or arrangement with his creditors ;
(j) he has been
convicted of an offence under Article 50 of this Law ;
(k) he has, within the
seven years immediately preceding the date of his election, or since his
election, been convicted anywhere in the Commonwealth of any offence and
ordered to be imprisoned for a period of not less than three months without the
option of a fine :
Provided that –
(i) the
disqualification attaching to a person by reason of his having become bankrupt
shall cease on the date of the conclusion of the proceedings or, if on the
conclusion of the proceedings he has not paid his debts in full, on the
expiration of five years from the date of the conclusion of the proceedings ;
(ii) the
disqualification attaching to a person by reason of his having made a
composition or arrangement with his creditors shall cease, if he pays his debts
in full, on the date on which the payment is completed, or, in any other case,
on the expiration of five years from the date on which the terms of the
composition or arrangement are fulfilled.
(2) A
person seeking election as a Senator or Deputy shall, at the time of his
nomination, be required to make a declaration in writing that he is qualified
for being elected by virtue of this Law or any other enactment, and any person
who knowingly makes a false declaration shall be guilty of an offence and shall
be liable to a fine not exceeding two hundred pounds.
ARTICLE 9
DISQUALIFICATION ON ELECTED MEMBERS FOR HOLDING OFFICE IN PART-TIME
SERVICE OF THE STATES
A paid officer in the part-time service of the States who becomes
an elected member of the States shall cease to hold such office on taking oath
of the office to which he is elected, and an elected member of the States shall
be disqualified for appointment to any paid office in the part-time service of
the States.
ARTICLE 10
VALIDITY OF ACTS DONE BY UNQUALIFIED PERSONS
The acts and proceedings of any person elected to the States and
acting as a member of the States shall, notwithstanding his disqualification or
want of qualification, be as valid and effectual as if he had been qualified.
ARTICLE 11
RE-ELECTION
A person holding the office of Senator or Deputy shall, unless he
is not qualified or is disqualified, be eligible for re-election.
ARTICLE 12
ELECTIONS
(1) An
ordinary election for Senators shall be held in the second week of the month of
November in every third year and an ordinary election for Deputies shall be
held in the second week of the month of December in every third year.
(2) The
first of the ordinary elections required to be held in pursuance of this Law
shall be held in the year nineteen hundred and sixty-six.
ARTICLE 13
RESIGNATION
A Senator or a Deputy may at any time resign his office by notice
in writing signed by him and delivered to the Bailiff, who shall inform the
States of such resignation at the next sitting of the Assembly, whereupon the
resignation shall take effect.
ARTICLE 14
FILLING OF CASUAL VACANCIES
(1) On
a casual vacancy occurring in the office of Senator or Deputy, whether by
death, resignation or otherwise, information of the fact shall be given by the
Bailiff to the Attorney General, who shall forthwith bring the matter to the
notice of the Royal Court in order that the Court may declare the office to be
vacant.
(2) Where
the Royal Court has declared the office of Senator or Deputy to be vacant,
otherwise than by effluxion of time, an order shall be made in pursuance of
Article 3 of the Public Elections Law for an
election to fill the vacancy to be held within thirty days from the date of the
declaration :
Provided that where the vacancy occurs after the thirty-first day
of March immediately preceding the ordinary day of retirement from the office
in which the vacancy occurs, an election shall not be held to fill the vacancy,
but the vacancy shall be filled at the next ordinary election.
(3) Where
more than one casual vacancy in the office of Senator is filled at the same
election, the person elected by the smallest number of votes shall be deemed
elected in place of the Senator who would regularly have first retired, and the
person elected by the next smallest number of votes shall be deemed elected in
place of the Senator who would regularly have next retired, and so with respect
to others ; and if there has not been a contested election, or if any doubt
arises, the order of retirement shall be determined by lot.
(4) Where
an election to fill one or more casual vacancies in the office of Senator is
combined with an ordinary election of Senators, the following provisions shall
apply –
(a) where the election is
contested –
(i) the
persons who are elected by the smallest number of votes shall be deemed elected
to fill the casual vacancies ;
(ii) in
the case of an equality of votes between the persons who are elected by the
smallest number of votes, the persons who shall be deemed elected to fill the
casual vacancies shall be determined by lot ;
(iii) if the
persons elected to fill the casual vacancies will hold office for different
periods, the person elected by the smallest number of votes, or, if the votes
are equal, such person as is determined by lot, shall be deemed elected to hold
office for the shorter period ;
(b) where the election is
not contested, the persons who shall be deemed elected to fill the casual
vacancies shall be determined by lot.
(5) Where
under this Article any question is required to be determined by lot, the lots
shall be drawn at the sitting of the Royal Court convened in pursuance of
Article 3 of the Public Elections Law for the
taking of oath of office by the persons elected in the election.
ARTICLE 15
TERM OF OFFICE OF PERSONS FILLING CASUAL
VACANCIES
A person elected to fill a casual vacancy in the office of Senator
or Deputy shall hold office until the date on which the person in whose place
he is elected would regularly have retired, and he shall then retire.
PART II
PROCEDURE IN THE STATES
ARTICLE 16
MEETINGS OF THE STATES
(1) Ordinary
sessions of the States shall be held during such periods of the year and on
such number of days in each period as the States shall by standing order
determine.
(2) Meetings
of the States in extraordinary session may be convened by the Bailiff whenever
he considers that the public business so requires and shall be convened by him
on the requisition of seven or more elected members of the States.
(3) Meetings
of the States, either in ordinary session or extraordinary session, shall be
held on such days as the Bailiff may in his discretion determine, and meetings
of the States in extraordinary session may be held during periods of the year
allocated for the holding of ordinary sessions.
(4) Meetings
of the States shall be convened by the Bailiff in such manner as the States
shall by standing order determine.
ARTICLE 17
DUTY OF CONSTABLE IN EVENT OF INABILITY TO ATTEND MEETING OF THE
STATES
(1) Where
a Constable is unable to attend a meeting of the States, he shall designate a
member of the honorary police of his parish to attend and the member of the honorary
police so designated shall be entitled to act in the place of the Constable at
that meeting of the States.
(2) In
the designation of members of the honorary police under this Article,
preference shall be given to member, first, in accordance with their seniority
of rank and, secondly, in accordance with the length of their service in the
honorary police of the parish.
ARTICLE 18
QUORUM
The States shall be lawfully constituted and may conduct any
business which it is in their power to conduct if there are not less than
twenty-four elected members present.
ARTICLE 19
PENALTY FOR FAILURE TO ATTEND MEETINGS OF THE STATES
(1) Where,
by reason of an insufficiency in the number of elected members present at a
meeting of the States, the States are unable to conduct their business, the
elected members failing to attend the meeting shall each be liable to a fine of
one pound, which shall be levied by the Viscount, unless at that meeting or the
meeting next following, an excuse for their failure to attend is offered to and
accepted by the States.
(2) Absence
from the Island or illness shall be a sufficient excuse for failure to attend a
meeting of the States.
(3) Fines
levied under this Article shall be paid into the General Revenues of the
States.
ARTICLE 20
NAMES OF MEMBERS PRESENT TO BE RECORDED
The names of members present at a meeting of the States shall be
recorded.
ARTICLE 21
DECISIONS ON QUESTIONS
(1) Subject
to the provisions of any enactment (including this Law), whether passed before
or after the commencement of this Law, all Acts of the States, and all matters
coming or arising before the States, shall be done and decided by a majority of
the members present and voting thereon.
(2) The
Bailiff or Deputy Bailiff while presiding at a meeting of the States shall not
vote unless on any question the votes are equally divided, in which case he
shall have and shall exercise a casting vote.
(3) Notwithstanding
the provisions of Article 3 of this Law, an elected member or officer of the
States appointed under that Article to preside at a meeting of the States shall
have neither an original nor a casting vote and if, on any matter before the
States when such person is presiding, the votes are equally divided, the
question shall be determined in the negative.
ARTICLE 22
BAILIFF’S POWER OF DISSENT
The Bailiff has power to enter his dissent to any resolution of the
States susceptible of implementation if he is of the opinion that the States
are not competent to pass the resolution and, where the Bailiff exercises the
power aforesaid, the resolution shall immediately be transmitted to Her Majesty
and, in the meantime and unless the consent of Her Majesty is obtained thereto,
the resolution shall be of no effect.
ARTICLE 23
LIEUTENANT-GO VERNOR’S POWER OF VETO
(1) The
Lieutenant-Governor has no power of veto in any resolution of the States
susceptible of implementation but only in respect of such matters as may
concern the special interest of Her Majesty.
(2) Effect
shall not be given to any resolution of the States passed when the
Lieutenant-Governor is not present, unless application has first been made to
him to know whether he chooses to exercise his power of veto.
(3) In
this Article, references to resolutions of the States exclude references to
Acts requiring for their validity the sanction of Her Majesty in Council.
ARTICLE 24
PROVISIONS REGARDING THE LODGING OF PROPOSITIONS
AU GREFFE
(1) The
following propositions are required to be lodged au Greffe, namely –
(a) propositions for the
passing of Acts which require for their validity the sanction of Her Majesty in
Council ;
(b) propositions for the
passing of Regulations which, by virtue of an Order of Her Majesty in Council
or of an Act sanctioned by Her Majesty in Council, do not require for their
validity the sanction of Her Majesty in Council ;
(c) propositions to which
this Article is by any enactment expressed to apply.
(2) A
proposition shall also be required to be lodged au Greffe on the request of a
member of the States made on the submission of the proposition to the States.
(3) No
proposition required under paragraph (1) of this Article to be lodged au Greffe
shall be debated before it is lodged:
Provided that this paragraph shall not apply to any proposition to
which, by virtue of any enactment, immediate effect may be given.
(4) No
proposition which has been lodged au Greffe shall be debated or passed by the
States unless it has been so lodged for at least fourteen days, except in the
case of an emergency in which the safety of the Island may happen to be immediately
concerned.
(5) Where
any proposition required under paragraph (1) of this Article to be lodged au
Greffe is amended and the amendment has not been lodged for the time required
by paragraph (4) of this Article, the provisions of the said paragraph (4)
shall apply in relation to the proposition as amended :
Provided that this paragraph shall not apply where, in the opinion
of the Bailiff, the amendment does not involve any change in the substance of
the proposition.
(6) Where
any Act is submitted for the sanction of Her Majesty in Council, the Greffier
of the States shall certify thereon that the proposition for the passing of the
Act has been lodged au Greffe for the time required by this Article or that,
for special reasons to be stated in the certificate, this Article has not been
or could not be complied with.
ARTICLE 25
MINUTES
Minutes of the proceedings of a meeting of the States shall be
drawn up and entered in a book kept for that purpose by the Greffier of the
States.
ARTICLE 26
VACANCY ETC. NOT TO INVALIDATE PROCEEDINGS
The proceedings of the States shall not be invalidated by any
vacancy among their number or by any defect in the election or qualification of
any member thereof.
ARTICLE 27
STANDING ORDERS
(1) Subject
to the provisions of this Law, the States may make standing orders for any
purpose for which standing orders may be made under this Law and shall make
standing orders for the regulation of their proceedings and business.
(2) The
provisions of paragraph (1) of Article 3 of the Official Publications (Jersey)
Law, 1960 in so far as they require the Greffier of the
States to publish in the Jersey Gazette a notice relating to the passing of
enactments, shall not apply to standing orders.
PART III
COMMITTEES OF THE STATES
ARTICLE 28
CONSTITUTION OF COMMITTEES
(1) Committees
shall be appointed by the States and shall each consist of a President and
other members of the States.
(2) The
term of office and number of members of a Committee shall be such as the States
may determine either –
(a) generally by standing
order as respects Committees mentioned in that order ; or
(b) notwithstanding the
provisions of any such order, at the time of the appointment of the Committee
or at any time thereafter.
(3) Notwithstanding
the provisions of paragraph (2) of this Article and of Article 35 of this Law,
in the event of a vacancy in the office of President of a Committee, the
Bailiff shall give notice thereof to the States as soon as may be thereafter
and the vacancy shall be filled not later than the Meeting of the States next
following the giving of such notice.
ARTICLE 29
POWER TO TRANSFER FUNCTIONS ETC
(1) The
States may by Act provide for the transfer to any Committee of any functions
theretofore exercisable by another Committee or for the amalgamation of
Committees, and for determining the name by which any Committee shall be
described.
(2) An
Act of the States under this Article may contain such incidental, consequential
and supplemental provisions as may be necessary or expedient for the purpose of
giving full effect to the Act, including provisions –
(a) for the transfer of any
rights and liabilities enjoyed or incurred by any Committee in connexion with
any functions transferred ;
(b) for the carrying on and
completion by or under the authority of the Committee to which any functions
are transferred of anything commenced by or under the authority of a Committee
before the date on which the Act takes effect ;
(c) for such adaptations as
may be necessary, for the purposes of the Act, of the enactments relating to
any Committee which is renamed or to any functions transferred, or of any
instrument, contract or legal proceedings made or commenced before the date on
which the Act takes effect.
ARTICLE 30
COMMITTEES OF INQUIRY
Where the States are of opinion that inquiry should be made into
any definite matter of public importance, they may appoint a Committee to
inquire into that matter, and may designate any Committee so appointed as a
Committee of Inquiry for the purposes of Articles 41 to 46 inclusive and
Article 49 of this Law.
ARTICLE 31
VICE-PRESIDENT
(1) Each
Committee shall appoint one of its members to be Vice-President of the
Committee.
(2) In
the event of the absence of the President of a Committee or in the event of a
vacancy in the office of President of a Committee, the functions of the
President shall be exercised by the Vice-President of the Committee during such
absence or until the vacancy is filled.
ARTICLE 32
POWER OF COMMITTEES TO APPOINT MEMBERS TO SUB-COMMITTEES
(1) Any
Committee may appoint as members of a Sub-Committee of the Committee any
persons, whether members of the States or not, and any person so appointed may
exercise all the powers of a member of the Sub-Committee other than a power
which involves the expenditure of public monies.
(2) The
term of office of persons appointed under this Article shall be such as the
Committee may determine and the Committee may revoke any such appointment at
any time.
ARTICLE 33
NAMES OF MEMBERS PRESENT TO BE RECORDED
The names of the members present at a meeting of a Committee shall
be recorded.
ARTICLE 34
MINUTES
(1) The
minutes of the proceedings of a meeting of a Committee shall be drawn up and
entered in a book kept for that purpose by the Greffier of the States, and
shall be signed at the same or an ensuing meeting of the Committee by the
person presiding at the meeting.
(2) Until
the contrary is proved, a meeting of a Committee in respect of the proceedings
of which a minute has been so made and signed shall be deemed to have been duly
convened and held, and the members present at the meeting shall be deemed to
have been duly qualified, and the Committee shall be deemed to have been duly
constituted and to have had power to deal with matters referred to in the
minutes.
ARTICLE 35
VACANCY ETC. NOT TO INVALIDATE PROCEEDINGS
The proceedings of a Committee shall not be invalidated by any
vacancy among its number or by any defect in the election or qualification of
any member thereof.
ARTICLE 36
PROCEDURE OF COMMITTEES
(1) The
quorum of a Committee shall be one half of the total number of members of the
Committee as determined by the States, any resulting fraction of one being
regarded as one.
(2) In
the event of the absence of the President and the Vice-President from any
meeting of a Committee, the members present shall appoint one of their number
to preside at the meeting.
(3) On
any matter under consideration by a Committee, each member thereof, including
the person presiding, shall have one vote and where the votes are equally
divided the person presiding shall have a second or casting vote.
(4) Save
as provided by the foregoing provisions of this Article, the States may make
standing orders for the regulation of the procedure of Committees but subject
thereto a Committee may regulate its own procedure.
PART IV
POWERS, PRIVILEGES, IMMUNITIES AND
OFFENCES.
ARTICLE 37
IMMUNITY FROM LEGAL PROCEEDINGS
No civil or criminal proceedings may be instituted against any
member of the States for words spoken before, or written in a report to, the States
or a Committee, or by reason of any matter or thing brought by him therein by
petition, bill, proposition or otherwise.
ARTICLE 38
ENTRY TO STATES
No stranger shall be entitled, as of right, to enter or to remain
within the precincts of the States.
ARTICLE 39
REGULATION OF ADMISSION TO STATES
(1) The
Bailiff may issue such orders as he may in his discretion deem necessary for
the regulation of the admittance of strangers to the precincts of the States.
(2) Copies
of orders made under this Article shall be duly authenticated by the Greffier
of the States and exhibited in a conspicuous position in the precincts of the
States ; and such copies when so authenticated, and exhibited, shall be deemed
to be sufficient notice to all persons affected thereby.
ARTICLE 40
POWER OF BAILIFF TO ORDER WITHDRAWAL FROM STATES
The Bailiff may at any time order any stranger to withdraw from the
precincts of the States.
ARTICLE 41
POWER OF COMMITTEE OF INQUIRY TO ORDER ATTENDANCE OF WITNESSES
A Committee of Inquiry may, subject to the provisions of Article 46
of this Law, order any person to attend before it and to give evidence or to
produce any paper, book, record or document in the possession or under the
control of such person.
ARTICLE 42
ATTENDANCE TO BE NOTIFIED BY SUMMONS
(1) Any
order to attend to give evidence or to produce documents before a Committee of
Inquiry shall be notified to the person required to attend or to produce the
documents by a summons under the hand of the Greffier of the States issued by
the direction of the President of the Committee.
(2) In
every summons under paragraph (1) of this Article there shall be stated the
time and place at which the person summoned is required to attend and the
particular documents which he is required to produce ; and the summons shall be
served by the Viscount on the person mentioned therein either by delivering to
him a copy thereof or by leaving a copy thereof at his usual or last known
place of abode.
ARTICLE 43
POWER TO ISSUE WARRANT TO COMPEL ATTENDANCE
(1) If
a person to whom a summons under Article 42 of this Law is directed does not
attend before a Committee of Inquiry at the time and place mentioned therein,
the President of the Committee shall report the fact to the Bailiff who may, on
being satisfied that the summons was duly served or that the person to whom the
summons is directed wilfully avoids service, issue a warrant to apprehend him
and bring him before the Committee at a time and place to be stated in the
warrant.
(2) A
warrant issued under this Article shall be executed by the Viscount.
ARTICLE 44
WITNESSES MAY BE EXAMINED ON OATH
A Committee of Inquiry may require that any facts, matters and
things relating to the subject of inquiry before it be verified or otherwise
ascertained by the oral examination of witnesses, and may cause any such
witnesses to be examined on oath, which the President of the Committee is
hereby authorized to administer.
ARTICLE 45
OBJECTION TO ANSWER QUESTION OR TO PRODUCE PAPERS
Subject to the provisions of Article 46 of this Law, where any
person ordered to attend to give evidence or to produce any paper, book, record
or document before a Committee of Inquiry refuses to answer any question that
may be put to him or to produce any such paper, book, record or document on the
ground that the same is of a private nature and does not affect the subject of
inquiry, the President of the Committee may report such refusal to the Bailiff
with the reasons therefor, and the Bailiff shall thereupon either excuse the
answering of such question or the production of such paper, book, record or
document, or order the answering or production thereof.
ARTICLE 46
PRIVILEGES OF WITNESSES
(1) Every
person summoned to attend to give evidence or to produce any paper, book,
record or document before a Committee of Inquiry shall be entitled, in respect
of such evidence or the disclosure of any communication or the production of
any such paper, book, record or document, to the same right or privilege as
before a court of law.
(2) Except
with the consent of the Lieutenant-Governor, no person summoned as aforesaid
shall give evidence, or produce any paper, book, record or document relating to
any naval, military or air force matter.
(3) An
answer by a person to a question put by a Committee of Inquiry shall not,
except in the case of a prosecution for perjury or of an offence against this
Part of this Law, be admissible in evidence against him in any proceedings,
civil or criminal.
ARTICLE 47
EVIDENCE OF PROCEEDINGS IN THE STATES OR ANY COMMITTEE NOT TO BE GIVEN
WITHOUT LEAVE
(1) Save
as provided in this Part of this Law, no member or officer of the States, and
no person employed to take minutes before the States or any Committee, shall
give evidence elsewhere in respect of the contents of such minutes or of the
contents of any document laid before the States or such Committee, as the case
may be, or in respect of any proceedings or examination held before the States
or such Committee, as the case may be, without the prior consent of the States
or the Committee concerned, as the case may be.
(2) The
consent of the States referred to in paragraph (1) of this Article may be given
during periods of the year when the States are not in session, by the Bailiff
or, in the absence or other incapacity of the Bailiff and the Deputy Bailiff,
by the Greffier of the States.
ARTICLE 48
OFFENCES RELATING TO ADMITTANCE TO THE STATES
Any person who being a stranger –
(a) enters or attempts to
enter the precincts of the States in contravention of any order of the Bailiff
; or
(b) fails or refuses to
withdraw from the precincts of the States when ordered to withdraw therefrom by
the Bailiff ; or
(c) contravenes any order
made under this Part of this Law by the Bailiff regulating the admittance of
strangers to the precincts of the States or any rule made by the Bailiff under
standing orders ;
shall be guilty of an offence and shall be liable to a fine not
exceeding twenty-five pounds or to imprisonment for a term not exceeding three
months, or to both such fine and such imprisonment.
ARTICLE 49
OTHER OFFENCES
Any person who –
(a) disobeys any order made
by a Committee of Inquiry for attendance or for production of papers, books,
records or documents, unless such attendance or production be excused as
hereinbefore provided ; or
(b) refuses to be examined
before, or to answer any lawful and relevant question put by, a Committee of
Inquiry unless such refusal be excused as hereinbefore provided ; or
(c) offers to any member or
officer of the States any bribe, fee, compensation, gift or reward in order to
influence him in his conduct as such member or officer, or for or in respect of
the promotion of or opposition to any petition, bill, proposition, matter or
other thing submitted to or intended to be submitted to the States or any
Committee ; or
(d) assaults, obstructs,
molests or insults any member of the States coming to, being within, or going
from, the precincts of the States, or endeavours to compel any such member by
force or menace to declare himself in favour of or against any matter pending
or expected to be brought before the States or any Committee ; or
(e) assaults, interferes
with, molests, resists or obstructs any officer or servant of the States while
in the execution of his duty or while proceeding to or from the States ; or
(f) creates or joins
in any disturbance which interrupts or is likely to interrupt the proceedings
of the States or any Committee while the States or such Committee are sitting ;
or
(g) presents to the States
or a Committee any false, untrue, fabricated or falsified document with intent
to deceive the States or such Committee ; or
(h) publishes any false or
scandalous libel on the States or a Committee ;
shall be guilty of an offence and shall be liable to a fine not
exceeding two hundred pounds or to imprisonment for a term not exceeding two
years or to both such fine and such imprisonment.
ARTICLE 50
ACCEPTANCE OF BRIBES BY MEMBERS OF THE STATES
Any member of the States who accepts or agrees to accept or obtains
or attempts to obtain for himself or for any other person any bribe, fee,
compensation, reward or benefit of any kind for speaking, voting or acting as
such member or for refraining from so speaking, voting or acting or on account
of his having so spoken, voted or acted or having so refrained shall be guilty
of an offence and shall be liable to a fine not exceeding two hundred pounds or
to imprisonment for a term not exceeding two years, or to both such fine and
such imprisonment.
ARTICLE 51
MINUTES OF THE STATES AND COMMITTEES TO BE EVIDENCE
A copy of any minutes of the States or a Committee signed by the
Greffier of the States, shall be received in evidence without further proof.
ARTICLE 52
PENALTY FOR PRINTING FALSE COPY OF ENACTMENTS OR OTHER STATES’
DOCUMENTS
Any person who prints or causes to be printed a copy of any
enactment or other document as purporting to have been printed by order or
under the authority of the States, and the same is not so printed, or shall
tender in evidence any such copy as purporting to be so printed knowing that
the same was not so printed, shall be guilty of an offence and shall be liable
to imprisonment for a term not exceeding three years.
ARTICLE 53
PROTECTION OF PERSONS RESPONSIBLE FOR PUBLICATIONS AUTHORIZED BY
THE STATES
Any person, being a defendant in any civil or criminal proceedings
instituted for or on account or in respect of the publication by such person or
by his servant, by order or under the authority of the States, of any enactment
or other document, may, on giving to the plaintiff or prosecutor, as the case
may be, twenty-four hours written notice of his intention, bring before the
court in which such proceedings are being taken a certificate under the hand of
the Bailiff stating that the enactment or document in respect whereof such
proceedings have been instituted was published by such person or by his servant
by order or under the authority of the States, together with an affidavit
verifying such certificate, and such court shall thereupon immediately stay
such civil or criminal proceedings, and the same and every process issued
therein shall be deemed to be finally determined.
ARTICLE 54
PUBLICATION OF PROCEEDINGS WITHOUT MALICE
In any civil proceedings instituted for publishing any account or
summary of or any extract from or abstract of any document published by order
or under the authority of the States, or any proceedings of the States, if the
court is satisfied that such account, summary, extract or abstract was
published bona fide and without
malice, judgment shall be entered for the defendant.
ARTICLE 55
EXERCISE OF JURISDICTION BY COURTS
No person shall be subject to the jurisdiction of any court in
respect of the exercise of any power conferred on or vested in him by or under
this Part of this Law.
ARTICLE 56
POWERS OF VISCOUNT
The Viscount shall, for the purposes of the enforcement of this
Part of this Law and of the application of the provisions of the criminal law,
have all the powers and enjoy all the privileges of a Centenier.
ARTICLE 57
AUTHORITY FOR PROSECUTIONS
No prosecution for an offence under this Part of this Law shall be
instituted except by or with the consent of the Attorney General.
PART V
GENERAL
ARTICLE 58
INTERPRETATION
In this Law, unless the context otherwise requires –
“the appointed day” means the day appointed by the
Royal Court in pursuance of Article 3 of the Public Elections Law for the taking of oath of office by the Senators
and Deputies elected in the first ordinary election held in pursuance of this
Law;
“Committee” means a committee of the States;
“Committee of Inquiry” means a committee appointed
under Article 30 and designated as a Committee of Inquiry under that Article;
“the elected members of the States” has the meaning
assigned thereto by paragraph (2) of Article 1;
“functions” includes powers and duties;
“the precincts of the States” means the States’
Chamber and any rooms provided for the use or accommodation of members of the
States, and the galleries and places provided for the use or accommodation of
strangers, members of the public and representatives of the press, and
includes, while the States are meeting, those parts of the building giving
direct access to the States’ Chamber;
“the Public Elections Law” means the “Loi sur les
Elections Publiques”, confirmed by Order of Her Majesty in Council of the
eighteenth day of May, 1897, as
amended by any subsequent enactment;
“standing order” means a standing order made by the
States under this Law;
“stranger” means any person other than the Deputy
Bailiff or member or officer of the States.
ARTICLE 59
SAVING OF POWERS
Save as otherwise provided by this Law, nothing in this Law shall
prejudice or affect the prerogatives, rights and privileges attaching to the
office of Lieutenant-Governor, Bailiff, Deputy Bailiff, Dean, Attorney General,
Solicitor General and Rector of a parish in existence immediately before the
coming into force of this Law.
ARTICLE 60
REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS
(1) The
enactments mentioned in the first column of the Third Schedule to this Law are
hereby repealed to the extent mentioned in the second column of that Schedule:
Provided that –
(a) Senators elected in pursuance
of the Assembly of the States (Jersey) Law, 1948, for terms
ending in the years nineteen hundred and sixty-nine and nineteen hundred and
seventy-two shall be deemed to have been elected for those terms in pursuance
of this Law;
(b) nothing in this repeal shall
affect any standing orders of the States in force on the appointed day; and
(c) any Act under the Committees
of the States (Jersey) Law, 1946, as
amended, shall, insofar as it is in force on that day,
continue in force and have effect as if passed under Article 29 of this Law.
(2) On
the occasion of the first ordinary election for Senators referred to in
paragraph (2) of Article 12 of this Law the number of Senators to be elected
shall be four and the following provisions shall apply –
(a) where the election is
contested –
(i) the
two persons elected by the smallest number of votes shall hold office for a
term of three years and the two persons elected by the largest number of votes
shall hold office for a term of six years;
(ii) in
the case of an equality of votes between any of the persons elected so that,
under the foregoing clause, it is impossible to determine their respective
terms of office, the question shall be determined by lot;
(b) where the election is not
contested, the terms of office of the persons elected shall be determined by
lot;
(c) paragraph (5) of Article 14
of this Law shall apply to the determination of any question by lot.
ARTICLE 61
SHORT TITLE AND COMMENCEMENT
(1) This
Law may be cited as the States of Jersey Law, 1966.
(2) This
Law shall come into force on the promulgation thereof so far as it relates to,
and for the purposes of, the ordinary election referred to in paragraph (2) of
Article 12 and shall come into force on the appointed day for all other
purposes.
SCHEDULES
FIRST SCHEDULE
(Article 4)
DEPUTIES’ CONSTITUENCIES
|
Constituency
|
Number of Deputies to be returned.
|
|
Saint Helier –
|
|
|
|
Cantons de Haut et de Bas de la
Vingtaine de la Ville
........................................................
|
4
|
|
|
Cantons de Bas
et de Haut de la Vingtaine du Mont-au-Prêtre
...........................................
|
4
|
|
|
Vingtaines du
Rouge Bouillon, du Mont-à-l’Abbé et du Mont Cochon
.........................
|
4
|
|
Saint Saviour
|
|
|
|
Vingtaine de la Petite Longueville ................
|
1
|
|
|
Vingtaine de Sous l’Eglise
............................
|
1
|
|
|
Vingtaines de Maufant, de Sous la
Hougue, des Pigneaux et de la Grande Longueville
|
1
|
|
|
Saint Clement
................................................
|
2
|
|
|
Saint Lawrence
..............................................
|
2
|
|
|
Saint Brelade
.................................................
|
2
|
|
|
Grouville ........................................................
|
1
|
|
|
Saint Martin
...................................................
|
1
|
|
|
Trinity
............................................................
|
1
|
|
|
Saint John ......................................................
|
1
|
|
|
Saint Mary
......................................................
|
1
|
|
|
Saint Peter
......................................................
|
1
|
|
|
Saint Ouen ......................................................
|
1
|
SECOND SCHEDULE
(Article 7)
FORM OF OATH TO BE TAKEN BY SENATORS AND DEPUTIES
You swear and promise
before God that you will well and faithfully discharge the duties of (Senator)
(Deputy); 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, privileges, liberties and franchises of
the Island, opposing whomsoever may wish to infringe the same; that you will
attend the meetings of the States whenever you are called upon to do so; and
generally that you will fulfil all the duties imposed upon you by virtue of the
said office. All of which you promise to do on your conscience.
THIRD SCHEDULE.
(Article 60)
ENACTMENTS REPEALED
|
Title.
|
Extent of repeal.
|
|
Code of Laws confirmed by Order of
His Majesty in Council of 28th March, 1771.
|
(a)
|
|
|
|
(b)
|
the provisions under the titles “États”
and “Greffiers”.
|
|
“Loi touchant le quorum des
États”, confirmed by Order of Her Majesty in Council of 7th
July, 1897;
|
|
The whole Law.
|
|
“Loi (1902) déterminant
les sessions périodiques des États”;
|
|
The whole Law.
|
|
Committees of the States (Jersey)
Law, 1946.
|
|
The whole Law.
|
|
Assembly of the States (Jersey)
Law, 1948.
|
|
In Article
1, the definition of “the appointed day”, Articles 2 to 15 and Article
17, and the First, Second and Fourth Schedules.
|
|
Committees of the States
(Amendment) (Jersey) Law, 1954.
|
|
The whole Law.
|
|
“Loi (1957) (Amendement)
déterminant les sessions périodiques des États”.
|
|
The whole Law.
|
A.D. LE
BROCQ,
Greffier of the States.