States of Jersey
Law 2005
A LAW regarding the constitution and
proceedings of the States, to declare and define the powers, privileges and
immunities of the States, and to establish a ministerial system of government.
Adopted by the
States 16th November 2004
Sanctioned by
Order of Her Majesty in Council 9th February 2005
Registered by the
Royal Court 4th
March 2005
WHEREAS it is recognized that Jersey has autonomous capacity
in domestic affairs;
AND WHEREAS it is further recognized that there is an increasing
need for Jersey to participate in matters of international affairs;
AND
WHEREAS Jersey wishes to
enhance and promote democratic, accountable and responsive governance in the
island and implement fair, effective and efficient policies, in accordance with
the international principles of human rights –
THE STATES, subject to the sanction of Her
Most Excellent Majesty in Council, have adopted the following Law –
Part 1
Introductory
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“Assistant Minister” means a person appointed as such under Article 24;
“Chief Minister” means the person appointed as such under Article 19;
“Council of Ministers” shall be construed in accordance with Article 18(1);
“document”
includes accounts, deeds, papers, records, writings and information recorded in
any form and, in relation to information recorded otherwise than in legible
form, references to its provision or production include references to providing
or producing a copy of the information in legible form;
“elected member” means a Senator, Connétable or Deputy;
“lodge” means lodge au Greffe in accordance with standing
orders;
“member of the States” shall be construed in accordance with Article 2(1);
“Minister”
means a person appointed as such under Article 19 or 22;
“officer of the States” means the Greffier of the States, the Deputy Greffier of the
States, an Acting Greffier of the States or the Viscount;
“precincts of the States” means –
(a) the
States’ Chamber;
(b) any
rooms whilst provided for the exclusive use or accommodation of members of the
States;
(c) the
galleries and places provided for the use or accommodation of strangers,
members of the public and representatives of the press,
and, while the States are meeting, includes those parts of the
building giving direct access to the States’ Chamber;
“prescribed” means prescribed in standing orders;
“standing orders” means standing orders made under Article 47;
“stranger”
means any person other than the Deputy Bailiff, a member of the States or an
officer of the States.
(2) A
reference to an administration of the States includes any committee or panel
established by standing orders, other than a committee of inquiry.
(3) The
States may by Regulations amend the definition “precincts of the
States” in paragraph (1).
PART 2
CONSTITUTION OF STATES
2 Constitution
of the States
(1) The
States of Jersey are constituted as follows –
the Bailiff;
the Lieutenant-Governor;
12 Senators, elected as provided by this Law;
the Connétables of the 12 Parishes of Jersey, who are members
of the States by virtue of their office;
29 Deputies, elected as provided by this Law;
the Dean of Jersey;
the Attorney General;
the Solicitor General.
(2) All
members of the States shall have the right to speak in the Assembly.
(3) Only
elected members shall have the right to vote in the Assembly.
3 Presidency
of the States
(1) The
Bailiff shall be President of the States.
(2) If
both the Bailiff and Deputy Bailiff are unable to preside at a meeting of the
States, the Bailiff shall choose an elected member, the Greffier of the States
or the Deputy Greffier of the States to preside at the meeting.
(3) Subject
to standing orders, the person chosen to preside at a meeting of the States
under paragraph (2) shall, while presiding at the meeting, have the same
powers as the Bailiff when presiding at such a meeting.
(4) An
elected member presiding at a meeting of the States shall not have the right to
vote.
4 Constituencies
(1) For
the purpose of the election of Senators, Jersey shall be a single constituency.
(2) For
the purpose of the election of Deputies –
(a) Jersey
shall be divided into the constituencies mentioned in column 1 of Schedule 1;
and
(b) each
such constituency shall return the number of Deputies specified in column 2 of
Schedule 1 in relation to that constituency.
(3) The
States may by Regulations amend Schedule 1 so as to alter, combine, split and
rename the constituencies there mentioned and, subject to paragraph (4),
amend the number of Deputies there specified in relation to a constituency.
(4) The
total number of Deputies specified shall remain 29.
5 Term
of office of Senators and Deputies
(1) Senators
shall be elected for a term of 6 years and, in every third year, 6 Senators
shall retire on their places being filled by an ordinary election.
(2) Deputies
shall be elected for a term of 3 years and shall retire on their places being
filled by an ordinary election.
(3) The
places of Senators and Deputies are filled upon the persons elected at the
ordinary election taking the oath of their office.
6 Ordinary
elections for Senators and Deputies
(1) An
ordinary election for Senators shall be held in the period of 7 days beginning
on 15th October in every third year.
(2) An
ordinary election for Deputies shall be held in the period of 7 days beginning
on 24th November in every third year.
(3) The
States may by Regulations amend paragraphs (1) and (2) so as to alter the
period in which an ordinary election must be held, both as to its duration and
the day it begins.
7 Qualification
for election as Senator or Deputy
(1) A
person shall, unless disqualified by paragraph (2) or Article 8(1) or
any other enactment, be qualified for election as a Senator or a Deputy if he
or she –
(a) is
of full age; and
(b) is
a British citizen who has been –
(i) ordinarily
resident in Jersey for a period of at least 2 years up to and including the day
of the election, or
(ii) ordinarily
resident in Jersey for a period of 6 months up to and including the day of the
election, as well as having been ordinarily resident in Jersey at any time for
an additional period of, or for additional periods that total, at least 5
years.
(2) A
person shall be disqualified for election as a Senator or Deputy if he or she
is a paid officer, other than an industrial or manual worker, in the full-time
service of the States or any administration of the States.
(3) A
retiring Senator or Deputy who is not disqualified by this Law or any other
enactment shall be eligible for re-election.
8 Disqualification
for office as Senator or Deputy
(1) A
person shall be disqualified for election as or for being a Senator or Deputy
if that person –
(a) holds
any paid office or other place of profit under the Crown;
(b) is
a member of the States of Jersey Police Force;
(c) is
compulsorily detained or subject to a guardianship order under the Mental Health (Jersey) Law 1969;[1]
(d) has
a curator of his or her person or property;
(e) has
an attorney without whom he or she may not act in matters movable or immovable;
(f) subject
to paragraphs (3) and (4), has become bankrupt or made a composition or
arrangement with his or her creditors;
(g) has
been convicted of an offence under Article 44; or
(h) within
the 7 years immediately preceding the date of his or her election, or
since his or her election, has been convicted, whether in Jersey or elsewhere,
of any offence and ordered to be imprisoned for a period of not less than
3 months, without the option of a fine.
(2) A
person shall be disqualified for being a Senator or Deputy upon –
(a) ceasing
to be a British citizen; or
(b) not
being resident in Jersey for a period of more than 6 months.
(3) The
disqualification attaching to a person by reason of his or her having become
bankrupt shall cease –
(a) if
the person pays his or her debts in full on or before the conclusion of the
bankruptcy proceedings, on the day the proceedings are concluded;
(b) in
any other case, on the expiry of 5 years from the day the proceedings are
concluded.
(4) The
disqualification attaching to a person by reason of his or her having made a
composition or arrangement with his or her creditors shall cease –
(a) if
the person pays his or her debts in full, on the day on which the payment is
completed;
(b) in
any other case, on the expiry of 5 years from the day on which the terms
of the composition or arrangement are fulfilled.
9 Declaration
to be made when nominated
(1) A
person seeking election as a Senator or Deputy shall, at the time of his or her
nomination, be required to make a declaration, in writing –
(a) that
he or she is qualified for being elected by virtue of this Law or any other
enactment;
(b) of
his or her convictions, whether in Jersey or elsewhere, which are not spent
convictions;
(c) notwithstanding
the Rehabilitation of Offenders (Jersey)
Law 2001,[2] of his or her spent
convictions, whether in Jersey or elsewhere, for any of the following offences –
(i) treason,
(ii) murder,
(iii) manslaughter,
(iv) rape,
(v) incest,
(vi) sodomy,
(vii) any offence against a person
not of full age,
(viii) fraud or any like offence,
(ix) obtaining property by false
pretences,
(x) theft,
(xi) perjury,
(xii) perverting the course of
justice,
(xiii) an offence mentioned in the
definition “drug trafficking offence” in Article 1(1) of the Drug Trafficking Offences (Jersey) Law 1988,[3]
(xiv) an offence of attempt to commit any
of the offences in clauses (i) to (xiii),
(xv) an offence of conspiracy or
incitement to commit any of the offences in clauses (i) to (xiii),
(xvi) an offence of aiding, abetting,
counselling or procuring any of the offences in clauses (i) to (xv).
(2) The
person presiding at a nomination meeting convened under Article 20 of the Public Elections (Jersey) Law 2002[4] shall read out to the
meeting the declaration made under paragraph (1) by a person proposed as a
candidate.
(3) A
person who knowingly makes a false declaration under paragraph (1) shall
be guilty of an offence and liable to a fine of level 4 on the standard
scale.[5]
(4) The
States may by Regulations amend paragraph (1)(c) so as to vary, add or
omit any description of offence for which a spent conviction must be disclosed.
(5) The
form and content of the declaration required by paragraph (1) may be
prescribed.
(6) In
this Article, “spent conviction” has the same meaning as in the Rehabilitation of Offenders (Jersey) Law 2001.[6]
10 Disqualification
of elected member for holding certain offices or employments
(1) A
person who becomes an elected member, on taking oath of the office to which he
or she is elected, shall cease to hold any paid office or employment in
the service of the States or any administration of the States or in the service
of any parochial authority.
(2) An
elected member shall be disqualified for appointment to any paid office or
employment in the service of the States or any administration of the States or
in the service of any parochial authority.
11 Oath
of office
The oath of office of Senators and Deputies shall be in the form set
out in Part 1 of Schedule 2.
12 Resignation
of Senator or Deputy
(1) A
Senator or Deputy may, at any time, resign his or her office by notice in
writing signed by him or her and delivered to the Bailiff.
(2) The
Bailiff shall inform the States of such a resignation at their next meeting.
(3) A
resignation shall take effect when the States are informed of it under
paragraph (2).
13 Casual
vacancy in office of Senator or Deputy
(1) This
Article applies where a casual vacancy occurs in the office of Senator or
Deputy, being a vacancy occurring otherwise than upon retirement of the
officeholder under Article 5.
(2) The
Bailiff shall forthwith inform the Attorney General of the vacancy.
(3) The
Attorney General, on being informed of the vacancy, shall forthwith notify the
Royal Court.
(4) The
Royal Court, on being informed of the vacancy, shall subject to
paragraph (5), make an order under the Public Elections (Jersey) Law 2002[7] for an election to fill the
vacancy to be held as soon as is convenient and, in any case, no later than the
expiry of such period following the occurrence of the vacancy as may be
prescribed.
(5) Where
the vacancy occurs after the 31st March immediately preceding the ordinary day
of retirement from the office in which the vacancy occurs –
(a) the
Royal Court shall not order an election to fill the vacancy; and
(b) the
vacancy shall be filled at the next ordinary election.
(6) Where,
under paragraph (5)(b), an election to fill one or more casual vacancies
in the office of Senator is combined with an ordinary election of
Senators –
(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.
(7) 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 for the taking of
oath of office by the persons elected in the election.
(8) The
States may by Regulations amend the date in paragraph (5).
14 Term
of office of person filling casual vacancy
A person elected to fill a casual vacancy in the office of Senator
or Deputy shall hold office until the day on which the person in whose place he
or she is elected would have retired under Article 5, and shall then
retire.
Part 3
Proceedings of the States
15 Quorum
The States shall be lawfully constituted and may conduct any
business which it is in their power to conduct if there are no less than 27
elected members present.
16 Decisions
(1) Subject
to this Law and any other enactment, whenever passed, all matters coming or
arising before the States shall be done and decided by a majority of the members
present and voting on them.
(2) If,
on any matter before the States, the votes are equally divided, the matter
shall be determined in the negative.
17 Validity
of acts and proceedings
(1) The
acts and proceedings of any person elected to the States and acting as a member
of the States shall, notwithstanding that person’s want of qualification
or disqualification, be valid and effectual as if that person had been
qualified.
(2) 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 of the
States.
Part 4
Ministers
18 Council
of Ministers
(1) There
shall be a Council of Ministers whose members shall be the Chief Minister and 9
Ministers.
(2) The
functions of the Council of Ministers shall be –
(a) co-ordinating
the policies and administration for which they are responsible as Ministers;
(b) discussing
and agreeing policy which affects 2 or more of them;
(c) discussing
and agreeing their common policy regarding external relations;
(d) prioritizing
executive and legislative proposals;
(e) agreeing
and, within 4 months of their appointment under Article 19(7),
lodging for referral to one or more Scrutiny Panels established under standing
orders and approval by the States, a statement of their common strategic
policy; and
(f) such
other matters as the Council of Ministers may determine.
(3) The
functions of the Chief Minister shall include –
(a) co-ordinating,
through the Council of Ministers, the discharge of the common functions
described in paragraph (2);
(b) conducting
external relations in accordance with the common policy agreed by the Council
of Ministers.
(4) The
minutes of the proceedings of a meeting of the Council of Ministers shall
be –
(a) drawn
up and entered, by an officer provided by the Greffier of the States, in a book
kept for that purpose by the Greffier of the States; and
(b) signed
at the same or an ensuing meeting of the Council by the person presiding at the
meeting.
(5) The
minutes so drawn up and entered in the book shall be complete and accurate in
all material particulars.
19 Selection
and appointment of Council of Ministers
(1) The
States shall, in accordance with the prescribed procedures and within the
prescribed period following any of the events described in paragraph (2),
select an elected member for appointment as Chief Minister.
(2) The
events are –
(a) each
ordinary election for Deputies;
(b) the
Chief Minister ceasing to be an elected member;
(c) the
resignation from office of the Chief Minister;
(d) the
death of the Chief Minister;
(e) the
Chief Minister being incapacitated, by reason of any illness or injury, so as
to be unable to discharge the functions of his or her office, for a period
exceeding 8 weeks;
(f) a
decision that the States have no confidence in the Chief Minister or in the
Council of Ministers;
(g) a
person ceasing to be Chief Minister designate (otherwise than upon his or her
appointment as Chief Minister).
(3) The
Chief Minister designate shall, within the prescribed period –
(a) nominate
elected members for appointment as Ministers; and
(b) propose
the Ministerial office to which each nominee would be assigned and any
Ministerial office to which, in addition to being Chief Minister, the Chief
Minister designate would be assigned.
(4) The
States shall, within the prescribed period, accept or reject the nominations
and proposals under paragraph (3), but may not amend them or accept them
in part only.
(5) Subject
to paragraph (6), where the States reject the Chief Minister
designate’s nominations and proposals under paragraph (3) the Chief
Minister designate shall make further nominations and proposals under that
paragraph.
(6) Where –
(a) the
States reject the Chief Minister designate’s nominations and proposals on
the prescribed number of occasions; or
(b) the
Chief Minister designate does not make nominations and proposals within the
prescribed period,
that person shall cease to be Chief Minister designate.
(7) Upon
the States accepting the Chief Minister designate’s nominations and
proposals under paragraph (3), that person and the persons nominated are
appointed to office.
(8) Where
one of the events described in paragraph (2)(b) to (f) occurs within the
period of 8 weeks preceding an ordinary election for Deputies, the States may
decide not to make any selection and appointment following the event.
(9) In
this Article, “Chief Minister designate” means a person selected
under paragraph (1) but not yet appointed as Chief Minister.
(10) The
States may by Regulations amend the period mentioned in paragraph (8).
20 Term
of office and dismissal of Ministers
(1) Subject
to this Article –
(a) the
Chief Minister shall continue in office until a further appointment takes
effect under Article 19(7);
(b) a
Minister shall continue in office until a further appointment takes effect
under Article 19(7) or 22(3).
(2) The
Chief Minister shall cease to hold office upon his or her ceasing to be a
Senator or Deputy by reason of disqualification for office.
(3) Any
other Minister shall cease to hold office upon –
(a) his
or her dismissal under paragraph (4);
(b) his
or her ceasing to be an elected member; or
(c) the
States voting that they have no confidence in the Minister.
(4) Only the States may dismiss a Minister.
(5) Only the Chief Minister may lodge a
proposition for dismissal of a Minister.
(6) The Chief Minister may only lodge a
proposition for dismissal of a Minister –
(a) after the Minister proposed to be dismissed
has been given an opportunity to be heard by the other Ministers; and
(b) with the agreement of the majority of those
Ministers.
(7) A proposition for dismissal of a Minister
shall state the reasons for dismissal.
21 Resignation
of Minister
(1) The
Chief Minister may resign from his or her office by notice in writing, signed
by the Chief Minister and delivered to the Bailiff.
(2) The
Bailiff shall inform the States of the resignation of the Chief Minister at the
next meeting of the Assembly.
(3) Any
other Minister may resign from his or her office by notice in writing signed by
that Minister and delivered to the Chief Minister.
(4) The
Chief Minister shall inform the States of the resignation of a Minister at the
next meeting of the Assembly.
22 Subsequent
appointment of Minister
(1) Where
a Minister resigns or a vacancy arises in the office of Minister the Chief
Minister shall, within the prescribed period, nominate an elected member for
appointment as Minister, proposing also the Ministerial office to which that
person would be assigned.
(2) The
Chief Minister shall not be required to make a nomination under
paragraph (1) where, within the prescribed period following the
resignation or vacancy, the States are required to make a selection under
Article 19(1).
(3) Upon
the States accepting the Chief Minister’s nomination and proposal under
paragraph (1), the person nominated is appointed to office.
23 Appointment
and dismissal of Deputy Chief Minister
(1) The
Chief Minister –
(a) shall
appoint one of the Ministers to be Deputy Chief Minister; and
(b) may
dismiss the person so appointed.
(2) The
Chief Minister shall inform the States of any such appointment or dismissal.
24 Appointment
and dismissal of Assistant Ministers
(1) The
Chief Minister and Ministers may each –
(a) appoint
no more than 2 elected members as his or her Assistant Ministers; and
(b) dismiss
any of his or her Assistant Ministers.
(2) A
Minister may only appoint or dismiss an Assistant Minister with the prior
consent of the Chief Minister.
(3) The
number of Assistant Ministers appointed shall not cause the aggregate of the
Chief Minister, Ministers and Assistant Ministers to exceed 23 individuals.
(4) An
Assistant Minister may resign from his or her office by notice in writing
signed by that Assistant Minister and delivered to the Minister that he or she
assists.
(5) The
States may by Regulations amend paragraph (3) so as to increase or
decrease the number there mentioned.
25 Status of Minister
(1) Each
Minister shall be a corporation sole having –
(a) subject to
Article 28(2), perpetual succession;
(b) an official seal, which
shall be authenticated by the signature of the Minister or of any person
authorized by the Minister to act in that behalf;
(c) the power to –
(i) enter into
agreements for any purpose of his or her office,
(ii) acquire, hold and
dispose of movable property,
(iii) do any other thing
which the Minister can do by virtue of his or her office, and
(iv) do anything reasonably
necessary or expedient for or incidental to any of the matters referred to in
the foregoing clauses.
(2) A
Minister may, in the name of his or her office –
(a) sue
and be sued in any civil proceedings; and
(b) be
charged with an offence and defend criminal proceedings.
(3) The
official seal of a Minister shall be judicially noticed.
(4) Every
document purporting to be an instrument made or issued by a Minister and to be
sealed with the Minister’s official seal, authenticated in accordance
with paragraph (2)(b), shall be –
(a) received in evidence;
and
(b) deemed to be so made or
issued without further proof, unless the contrary is shown.
(5) A
certificate signed by the Minister that any instrument purporting to be made or
issued by the Minister was so made or issued shall be conclusive evidence of
that fact.
(6) The
senior officer in any administration of the States for which a Minister is
assigned responsibility shall be accountable to that Minister in respect of
policy direction.
(7) In
this Article –
“Minister” includes the Chief Minister;
“officer” means a person employed under the Civil
Service Administration (Jersey) Law 1948[8] whose duties are wholly or
mainly administrative, professional, technical or clerical.
26 Power
for Minister to act in the absence of another Minister
(1) The
Deputy Chief Minister shall discharge the functions of the Chief Minister
during –
(a) the
temporary absence or incapacity of the Chief Minister; or
(b) a
vacancy in the office of Chief Minister.
(2) The
Chief Minister may, during the temporary absence or incapacity of a Minister or
a vacancy in the office of Minister –
(a) personally
discharge the functions of that Minister; or
(b) designate
another Minister to discharge the functions of that Minister.
(3) The
functions that a Minister may discharge under this Article shall include the
power to make enactments.
(4) The
temporary discharge by one Minister of the functions of another Minister shall
not affect any delegation made by that other Minister under Article 27.
27 Power
of Minister to delegate functions
(1) A
Minister may delegate, wholly or partly, functions conferred upon or vested in
the Minister by or under this Law or any other enactment or any enactment of
the United Kingdom having effect in Jersey, to –
(a) one
of his or her Assistant Ministers;
(b) an
officer.
(2) A
Minister shall not delegate –
(a) any
power to make an enactment;
(b) any
power to decide an appeal under an enactment;
(c) any
function the delegation of which is prohibited by an enactment.
(3) The
delegation of functions by a Minister under this Article shall not prevent the
Minister exercising those functions personally.
(4) Where
any licence, permit or authorization is granted in purported exercise of
functions delegated under paragraph (1), no criminal proceedings shall lie
against any person for any act done, or omitted to be done, in good faith and
in accordance with the terms of the licence, permit or authorization, by reason
that the functions had not been delegated, or that any requirement attached to
the delegation of the functions had not been complied with.
(5) In
this Article –
“Minister” includes the Chief
Minister;
“officer” means a person employed
under the Civil
Service Administration (Jersey) Law 1948[9] whose
duties are wholly or mainly administrative, professional, technical or clerical
and includes a member of the States of Jersey Police Force and an officer
appointed under paragraph 1(1) of Part 1 of Schedule 2 to the
Immigration Act 1971 as extended to Jersey by the Immigration (Jersey) Order 1993.[10]
(6) The
States may by Regulations amend the definition “officer” in
paragraph (5).
28 Powers to move Ministers and to change
Ministerial offices
(1) The
Chief Minister may, subject to the approval of the States, move a Minister from
one Ministerial office to another.
(2) The
States may by Regulations –
(a) establish and abolish
Ministers;
(b) determine the name by
which any Minister shall be described;
(c) confer functions upon a
Minister;
(d) transfer all or any of
the functions exercisable by one Minister to another Minister; and
(e) direct that the
functions exercisable by any Minister shall be or shall cease to be exercisable
concurrently with another Minister.
(3) Regulations
made under paragraph (2) may contain such incidental, consequential,
supplemental and transitional provisions as may be necessary or expedient for
the purpose of giving full effect to the Regulations, including
provisions –
(a) for the transfer of any
movable property held, any rights enjoyed and any liabilities (whether civil or
criminal) incurred by the Minister in connection with any function transferred,
including any such rights and liabilities in respect of which, at the time of
transfer, no claim has been made or no proceedings have been commenced;
(b) for the carrying on and
completion by or under the authority of the Minister to whom functions are
transferred of anything commenced, before the Regulations have effect, by or
under authority of the Minister from whom the functions are transferred;
(c) for the amendment of
enactments relating to any functions transferred or to any Minister who is
established, abolished or renamed;
(d) for the construction of
enactments of the United Kingdom having effect in Jersey relating to any
functions transferred or to any Minister who is established, abolished or
renamed;
(e) for the construction
and adaptation of any instrument, contract or legal proceedings made or
commenced before the Regulations have effect;
(f) where such
Regulations establish or abolish Ministers, for the amendment of Article 18(1)
so as to increase or decrease the number of Ministers there mentioned; and
(g) where such Regulations
establish or abolish Ministers or determine the name by which any Minister
shall be described, for the consequential amendment of standing orders.
(4) Only
the Chief Minister may lodge draft Regulations to be made under
paragraph (2).
(5) In
this Article, “Minister” includes the Chief Minister.
29 Duty
to maintain list of ministerial responsibilities
The Chief Minister shall establish, maintain and publish a list of
Ministers and Assistant Ministers and the functions exercisable by each of them
and by the Chief Minister personally.
30 Duty
to refer certain matters to the States
(1) Where
it is proposed –
(a) that
any provision of a draft Act of the Parliament of the United Kingdom should
apply directly to Jersey; or
(b) that
an Order in Council should be made extending to Jersey –
(i) any provision of
an Act of the Parliament of the United Kingdom, or
(ii) any Measure,
pursuant to the Channel Islands (Church Legislation) Measures 1931
and 1957,[11]
the Chief Minister shall lodge the proposal in order that the States
may signify their views on it.
(2) Where,
upon transmission of an Act of the Parliament of the United Kingdom containing
a provision described in paragraph (1)(a) or of an Order in Council
described in paragraph (1)(b) to the Royal Court for registration, it
appears to the Royal Court that the States have not signified their agreement
to the substance of the provision or Order in Council –
(a) the
Royal Court shall refer the provision or Order in Council to the Chief
Minister; and
(b) the
Chief Minister shall, in accordance with paragraph (1), refer it to the
States.
31 Construction
of enactments
In any enactment passed or made before or after this Law, unless the
context otherwise requires –
“Chief Minister” shall be construed in accordance with this Law;
“Council of Ministers” shall be construed in accordance
with this Law;
“a Minister” and “any Minister” shall mean any Minister appointed under this Law, including
the Chief Minister;
“the Minister”, without further description, shall mean the Minister for
the time being assigned responsibility for the functions of the Minister in the
enactment in which the expression appears.
Part 5
Powers, Privileges and Immunities
32 Entry
to States
(1) Subject
to paragraph (3), no stranger shall be entitled, as of right, to enter or
to remain in the precincts of the States.
(2) Subject
to paragraph (3), the Bailiff may at any time order any stranger to
withdraw from the precincts of the States.
(3) Paragraphs
(1) and (2) shall not apply to a Jurat or an officer of the Bailiff’s
Department or Judicial Greffe passing through those parts of the building
giving direct access to the States’ chamber.
(4) A
person who –
(a) fails
to withdraw from the precincts of the States when ordered to do so by the Bailiff;
or
(b) contravenes
any provision of standing orders regulating the entry of strangers to or
requiring the withdrawal of strangers from the precincts of the States,
shall be guilty of an offence and liable to imprisonment for a term
of 3 months and a fine of level 2 on the standard scale.[12]
33 Immunity
from legal proceedings
No civil or criminal proceedings may be instituted against any
member of the States –
(a) for
any words spoken before or written in a report to the States or a committee or
panel established under standing orders; or
(b) by
reason of any other matter or thing brought by the member before or within the
States or any such committee or panel by petition, proposition or otherwise.
34 Minutes
of States etc. to be evidence
A copy of any minutes of the States or of any committee or panel
established under standing orders signed by the Greffier of the States or as
otherwise provided by standing orders, shall be received in evidence without
further proof.
35 Evidence
of proceedings not to be given without leave
(1) Subject
to this Part and standing orders, no member of the States or officer of the
States and no person employed to take minutes before the States or any
committee or panel established under standing orders shall give evidence elsewhere –
(a) in
respect of the contents of such minutes or the contents of any document laid
before any of those bodies; or
(b) in
respect of any proceedings or examinations held before any of those bodies,
without the prior consent of the body concerned.
(2) During
any period of the year when the States are not in session, the consent of the
States may be given by the Greffier of the States.
36 Offence
of printing false documents
(1) It
shall be an offence for a person –
(a) to
print or cause 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
or of a committee or panel established under standing orders and the same is
not so printed;
(b) to
tender in evidence any such copy as purporting to be so printed, knowing that
the same was not so printed.
(2) A
person guilty of an offence under paragraph (1) shall be liable to
imprisonment for a term of 3 years and to a fine.
37 Protection
of persons responsible for States and other publications
(1) This
Article applies to civil or criminal proceedings instituted for or on account
or in respect of the publication by the defendant or the defendant’s
servant of any enactment or other document by order or under the authority of
the States or of a committee or panel established under standing orders.
(2) The
defendant may, on giving to the plaintiff or the person presenting the case or
prosecutor, as the case may be, not less than 24 hours written notice of his or
her intention, bring before the court in which such proceedings are taken a
certificate conforming to paragraph (3) and an affidavit conforming to
paragraph (4).
(3) The
certificate shall be signed by the Greffier of the States and shall state that
the enactment or document to which the proceedings relate was published by the
defendant or the defendant’s servant by order or under the authority of
the States or the committee or panel, as the case may be.
(4) The
affidavit shall verify the certificate.
(5) Upon
the defendant bringing the certificate and affidavit before the
court –
(a) the
court shall stay the proceedings; and
(b) the
proceedings shall be deemed to be finally determined.
38 Protection
in civil proceedings for publication without malice
(1) This
Article applies to 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 of a committee or panel established
under standing orders or any proceedings of any such body.
(2) The
court shall enter judgment for the defendant if satisfied that such account,
summary, extract or abstract was published bona fide and
without malice.
39 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 that person by
or under this Part.
Part 6
Officers of the States
40 Greffier
of the States
(1) There
shall be a Greffier of the States, who is the clerk of the States.
(2) There
shall be a Deputy Greffier of the States, who is the clerk-assistant of the
States.
(3) The
Greffier of the States shall be appointed by the Bailiff with the consent of
the States.
(4) The
Deputy Greffier of the States shall be appointed by the Greffier of the States
with the consent of the Bailiff.
(5) A
sufficient number of officers shall be appointed to ensure the service of the
Greffier of the States and Deputy Greffier of the States.
(6) The
Greffier of the States, Deputy Greffier of the States and officers appointed
under paragraph (5) shall be known as the States Greffe.
(7) The
Greffier of the States –
(a) may
be suspended from office by the Bailiff, who shall refer the matter to the
States at their next meeting; and
(b) may
be dismissed by the States.
(8) Any
discussion by the States with regard to the appointment, suspension or
dismissal of the Greffier of the States shall take place in camera.
(9) The
Deputy Greffier of the States may be suspended or dismissed by the Greffier of
the States with the consent of the Bailiff.
(10) In the
event of the absence or incapacity of the Greffier of the States the functions
of that office shall be discharged by the Deputy Greffier of the States.
(11) In the
event of the absence or incapacity of the Greffier of the States and Deputy
Greffier of the States the functions of those offices shall be discharged by an
officer of the States Greffe appointed by the Bailiff as Acting Greffier of the
States.
(12) The
Greffier of the States and Deputy Greffier of the States shall, on assuming
office, take oath before the States in the form set out in Part 2 of Schedule
2.
(13) An
Acting Greffier of the States shall, on assuming office, take oath before the
Bailiff in the form set out in Part 2 of Schedule 2.
(14) Notwithstanding
anything in any enactment the Deputy Greffier of the States, on the authority
of the Greffier of the States, may discharge any function appertaining to the
office of Greffier of the States.
41 Viscount
(1) The
Viscount is the executive officer of the States.
(2) The
Viscount shall, for the purposes of the enforcement of this Law and standing
orders have all the powers and enjoy all the privileges of a Centenier.
(3) The
Viscount shall not be subject to the jurisdiction of any court in respect of
the exercise of any power conferred on or vested in that person by this Law.
Part 7
supplementary
42 Powers
and Committees abolished
(1) There
shall be abolished any power of the Bailiff to dissent to a resolution of the
States.
(2) There
shall be abolished any power of the Lieutenant-Governor to veto a resolution of
the States.
(3) Subject
to any transitional provisions and savings made under Article 49(1)(c),
there shall be abolished any Committee of the States in existence immediately
before this Law comes into force.
43 Remuneration
of elected members
No scheme, agreement or other arrangement whatsoever for the
remuneration of, or the payment of any allowance to, elected members out of the
general revenue of the States shall provide for different elected members to
receive different amounts of remuneration or allowance.
44 Offence
of accepting bribe
Any member of the States or any member of a committee established
under Article 47(6), not being a member of the States, who accepts or agrees to
accept or obtains or attempts to obtain, whether personally or for any other
person, any bribe, fee, compensation, reward or benefit of any
kind –
(a) for
speaking, voting or acting as such member;
(b) for
refraining from so speaking, voting or acting; or
(c) on
account of the member having so spoken, voted or acted or so refrained,
shall be guilty of an offence and liable to a fine and to
imprisonment for a term of 5 years.
45 Offence
of offering bribe
A person who offers to any member of the States, officer of the
States or member of a committee of inquiry established by standing orders any
bribe, fee, compensation, gift or reward in order to influence him or her in
his or her conduct as such member or officer, or for, or in respect of the
promotion or of opposition to any matter, proposition, question, bill, petition
or other thing submitted or intended to be submitted to the States, the Council
of Ministers, the Chief Minister,
any other Minister, an Assistant Minister or any committee or panel established
under standing orders, or who is a party to such an offence, shall be guilty of
an offence and liable to imprisonment for a term of 5 years and a fine.
46 Offence
of blackmail, menace or compulsion
A person who blackmails or attempts to blackmail or who offers any
threat, assault, obstruction or molestation or attempt to compel by force or
menace any member of the States, member of a committee of inquiry established
under standing orders or officer of the States in order to influence him or her
in his or her conduct as such member or officer, or for, or in respect of the
promotion of or of opposition to any matter, proposition, question, bill,
petition or other thing submitted or intended to be submitted to the States,
the Council of Ministers, the Chief Minister, any other Minister, an Assistant
Minister or any committee or panel established under standing orders, or who is
a party to such an offence, shall be guilty of an offence and liable to
imprisonment for a term of 5 years and a fine.
47 Standing
orders
(1) The
States shall make standing orders to give effect to this Law and to regulate
their proceedings and business and the conduct of elected members.
(2) Standing
orders made under paragraph (1) shall –
(a) establish
a Privileges and Procedures Committee;
(b) require
the States to appoint an elected member, who is neither a Minister or Assistant
Minister, to be its chairman;
(c) require
the States to appoint to be members of such Committee –
(i) 4 elected members
who are not Ministers or Assistant Ministers, and
(ii) 2 elected members
who are Ministers or Assistant Ministers;
(d) state
the terms of reference of such Committee.
(3) Standing
orders made under paragraph (1) shall –
(a) establish
a Public Accounts Committee;
(b) require
the States to appoint an elected member who is not a Minister or an Assistant
Minister to be chairman of such committee;
(c) require
the States to appoint at least 4 persons to be members of such Committee
of whom –
(i) 50% shall be
elected members, who are not Ministers or Assistant Ministers, and
(ii) 50% shall be
persons who are not members of the States;
(d) state
the terms of reference of such Committee.
(4) Standing
orders made under paragraph (1) shall –
(a) establish
two or more Scrutiny Panels;
(b) provide
for the States to appoint as the Chairman and members of a Scrutiny Panel
elected members who are not Ministers or Assistant Ministers.
(5) Standing
orders made under paragraph (1) –
(a) shall
include provision requiring minutes of decisions of the States to be taken and
kept; and
(b) shall
include provision requiring written transcripts of proceedings of the States to
be prepared and kept.
(6) Standing
orders made under paragraph (1) may establish committees of inquiry, whose
members may or may not be members of the States.
(7) Standing
orders made under paragraph (1) may, but not by way of
limitation –
(a) prescribe
anything that shall or may be prescribed under this Law;
(b) establish
committees in addition to the committees described in the foregoing paragraphs;
(c) establish
the procedure for any appointment or dismissal under this Law or standing
orders;
(d) restrict
the eligibility of an elected member for any appointment under this Law or
standing orders;
(e) regulate
the entry of strangers to and require the withdrawal of strangers from the
precincts of the States.
(8) Notwithstanding
Article 3(1) of the Official
Publications (Jersey) Law 1960,[13] the Greffier of the States
shall not be required to publish in the Jersey Gazette a notice relating to the
passing of standing orders.
(9) In
this Article “Minister” includes the Chief Minister.
48 Regulations:
powers, privileges and immunities
The States may by Regulations –
(a) confer
on members of committees established by standing orders who are not members of
the States immunity from civil and criminal proceedings in their capacity as
members of such committees;
(b) disapply
Article 35(1) to evidence given before a committee or panel established by
standing orders;
(c) confer
powers on any committee or panel established by standing orders to require any
person to –
(i) appear
before it, and
(ii) give
evidence and produce documents to it;
(d) make
it an offence liable to imprisonment for a term of 2 years and to a fine of
level 4 on the standard scale[14] for any person
to –
(i) disobey
any lawful order made by a committee or panel established by standing orders
for attendance or for production of documents, or
(ii) refuse
to be examined before, or to answer any lawful and relevant question put by a
committee or panel established by standing orders;
(e) confer
on persons appearing before any committee or panel established by standing
orders immunity from civil and criminal proceedings for words spoken before or
in a written report to the committee or panel.
49 Regulations:
transition and implementation
(1) The
States may by Regulations –
(a) provide
for the transfer, on the coming into force of Article 42(3), of functions
vested in Committees of the States to Ministers and, where appropriate, to the
Privileges and Procedures Committee and Public Accounts Committee established
by standing orders;
(b) amend
enactments, and provide for the construction of enactments of the United
Kingdom having effect in Jersey, for the purpose of implementing the repeal of
the States of Jersey Law 1966[15] and its replacement with
this Law, in particular, the abolition of Committees of the States and the
establishment of a ministerial system of government by this Law and of a
Privileges and Procedures Committee and Public Accounts Committee by standing
orders; and
(c) make
such transitional provisions and savings as may be required upon the repeal the
States of Jersey Law 1966[16] and the coming into force of
this Law.
(2) Regulations
made under paragraph (1)(a) may include provisions –
(a) for the transfer of any
movable property held, any rights enjoyed and any liabilities (whether civil or
criminal) incurred by a Committee of the States in connection with any function
transferred, including any such rights and liabilities in respect of which, at
the time of transfer, no claim has been made or no proceedings have been
commenced;
(b) for the carrying on and
completion by or under the authority of the Minister or Committee to whom
functions are transferred of anything commenced, before the Regulations have
effect, by or under authority of the Committee of the States from whom the
functions are transferred;
(c) without prejudice to
the generality of paragraph (1)(b), for the amendment of enactments
relating to any functions;
(d) without prejudice to
the generality of paragraph (1)(b), for the construction of enactments of
the United Kingdom having effect in Jersey relating to any functions
transferred;
(e) for the construction
and adaptation of any instrument, contract or legal proceedings (whether civil
or criminal) made or commenced before the Regulations have effect.
(3) Without
prejudice to the generality of paragraph (1)(c), the States may by
Regulations modify Article 19 in its application to the first selection
and appointment of a Chief Minister and Ministers which takes place after this
Law comes into force.
(4) Regulations
made under this Article may include such ancillary, consequential and
supplementary provision as the States think fit.
50 Authority
for prosecutions
No prosecutions for an offence under this Law or standing orders
shall be instituted except by or with the consent of the Attorney General.
51 Right
to a fair trial and hearing
(1) Any
member or person subject to any disciplinary action in respect of this Law or standing
orders shall have the right to a fair trial or hearing as defined in Article 6
of the European Convention on Human Rights.
(2) Paragraph (1)
shall not prevent the person presiding at a meeting of the States from
exercising such authority as may be prescribed and necessary for the immediate
restoration of good order during the meeting.
52 Amendments
and repeals
(1) Part
1 of Schedule 3 shall have effect to amend enactments.
(2) Part 2
of Schedule 3 shall have effect to repeal enactments.
(3) Part 3
of Schedule 3 shall have effect to amend Orders in Council applicable to
Jersey.
53 Citation
and commencement
(1) This
Law may be cited as the States of Jersey Law 2005.
(2) This
Article and Articles 1, 47, 48 and 49 shall come into force on the seventh
day following the registration of this Law.
(3) The
remaining provisions of this Law shall come into force on such day or days as
the States by Act appoint.
D.C.G. FILIPPONI
Assistant Greffier of the States.