Procureurs du Bien
Public (Terms of Office) (Jersey) Law 2013
A LAW to make provision as to the
terms of office of Procureurs du Bien Public; and for related matters
Adopted by the
States 14th May 2013
Sanctioned by
Order of Her Majesty in Council 10th July 2013
Registered by the
Royal Court 19th
July 2013
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law, “Procureur” means
Procureur du Bien Public.
2 Terms
of office of Procureurs du Bien Public
(1) In
each parish, the term of office of one Procureur shall expire on 12th March
2014, and the term of office of the other Procureur shall expire on 9th
September 2015, whether there are 2, one or no Procureurs in office immediately
before 12th March 2014 or 9th September 2015.
(2) After
that, in each parish, in separate cycles of 3 years –
(a) the
term of office of one Procureur shall expire on the second Wednesday of the
month of March that falls 3 years after the month of March in which a
previous term of office of a Procureur expired; and
(b) the
term of office of the other Procureur shall expire on the second Wednesday of
the month of September that falls 3 years after the month of September in
which a previous term of office of a Procureur expired.
(3) The
Schedule applies to determine which term of office is to expire on 12th March
2014 and which is to expire on 9th September 2015, in the case where there are one
or 2 Procureurs in office in a parish immediately before 12th March 2014.
(4) For
the purposes of this Article and the Schedule, if a Procureur is elected to fill
a vacancy in the office of Procureur during the relevant term of office, the election
of the Procureur shall be taken to have occurred at the start of that term of
office.
(5) However,
paragraph (4) does not apply in reckoning aggregate time for the purpose
of clause (a) or (b) of sub-paragraph (1) of paragraph 3 of the
Schedule.
(6) This
Article and the Schedule shall have effect in relation to a term of office of a
Procureur, even if the term would have expired on a different day if this Law
had not been enacted.
3 Elections
of Procureurs du Bien Public
An election of a Procureur shall be held on each day on which the
term of office of a Procureur expires on or after 12th March 2014 and otherwise
when a vacancy occurs in the office of Procureur.
4 Continuation
in office pending election
(1) Despite
the expiry of a Procureur’s term of office, the Procureur shall remain in
office until the return date for the election of a Procureur held on that
expiry.
(2) The
reference in paragraph (1) to the return date for an election of a
Procureur is a reference to the date fixed by the Royal Court, pursuant to
Article 17(2)(c) of the Public Elections (Jersey) Law 2002[1], for the person elected as
Procureur to appear in the Royal Court to take his or her oath.
5 Regulations
to amend expressions of time
The States may by Regulations amend any expression of time (including
any date) in Article 2 or 3 or the Schedule.
6 Loi
(1804) au sujet des assemblées paroissiales amended
Article 6 of the Loi (1804) au sujet
des assemblées paroissiales[2]
shall be repealed.
7 Public
Elections (Jersey) Law 2002 amended
In Article 17(1) of the Public Elections (Jersey) Law 2002[3], for the words beginning “or
under” to the end of the paragraph there shall be substituted the words
“, Article 3 of the Centeniers (Terms of Office) (Jersey) Law
2007[4], Article 2 or 3 of
the Connétables (Jersey) Law 2008[5] or Article 3 of the
Procureurs du Bien Public (Terms of Office) (Jersey) Law 2013[6]”.
8 Citation and commencement
This Law may be cited as the Procureurs du Bien Public (Terms of
Office) (Jersey) Law 2013 and shall come into force seven days after it is
registered.
a.h. harris
Deputy Greffier of the States
SCHEDULE
(Article 2)
order of election
1 Schedule
applies to terms of office of existing Procureurs
This Schedule applies to the most recent terms of office, as
Procureurs in any one parish, of the persons who, immediately before 12th March
2014, are Procureurs in that parish.
2 Date
of expiry of term of office of existing Procureur
(1) A
term of office shall expire –
(a) on 12th
March 2014, in the case of the term of office of the Procureur who was first
elected to his or her present term of office (or who is the only Procureur in
office); or
(b) on
9th September 2015, in the case of the term of office of the other Procureur.
(2) However,
if –
(a) there
are 2 Procureurs in office in a parish immediately before
12th March 2014;
(b) the
2 Procureurs agree; and
(c) the
Connétable of the parish consents,
the order set out in sub-paragraph (1) may be reversed.
3 Notional
order of elections for the purposes of paragraph 2(1)
(1) If,
immediately before 12th March 2014, 2 Procureurs are in office in a parish
and they were elected at the same time, then for the purpose of paragraph 2(1),
the order in which they were elected shall be reckoned as follows –
(a) the
Procureur who has served the longer aggregate time in one or more terms of
office as Procureur in that parish shall be taken to have been first elected;
or
(b) if
the 2 Procureurs have served the same aggregate time in one or more terms
of office as Procureur in that parish, the Procureur in that parish who has
served the longer aggregate time as the holder of one or more honorary offices in
that parish shall be taken to have been first elected.
(2) The
reference in sub-paragraph (1)(b) to honorary offices in a parish means
any office in the parish to which a person is sworn by the Royal Court, and
includes the office of Procureur.
(3) For
the purpose of sub-paragraph (1)(a) or (b), it does not matter whether the
terms of office were consecutive or not.