Constitution
of the States and Public Elections (Jersey) Law 2021
A LAW to amend the constitution of
the States and make provision about the election of Deputies and Connétables, and for connected purposes.
Adopted
by the States 22nd April 2021
Sanctioned
by Order of Her Majesty in Council 21st July 2021
Registered by the Royal Court 23rd July 2021
Coming into force in accordance with Article 10
THE STATES, subject to the sanction of Her Most
Excellent Majesty in Council, have adopted the following Law –
PART 1
Constitution
of the States
1 Constitution of the States
(1) This
Article amends the States
of Jersey Law 2005.
(2) In
Article 2(1) (constitution of the States) –
(a) “8 Senators, elected
as provided by this Law;” is deleted;
(b) for “29 Deputies”
there is substituted “37 Deputies”.
(3) For
Schedule 1 (Deputies’ constituencies) there is substituted the Schedule
contained in Schedule 1 to this Law.
PART 2
election
of DEPUTIES: STATES OF JERSeY LAW 2005 amended
2 States of Jersey Law 2005 amended
This Part amends the States of Jersey Law 2005.
3 Term of office
For Article 5 (term of office of
Senators and Deputies) there is substituted –
(a) begins
with the day on which the person elected as Deputy takes the oath of that
office; and
(b) ends
with the earlier of –
(i) the first day on which a
Deputy elected for that constituency at the next ordinary election takes the
oath of that office, or
(ii) the resignation of the
Deputy in accordance with Article 12.
5A Transitional provision
for the 2022 ordinary election
(1) This Article applies in relation to a
person who, immediately before the 2022 ordinary election, holds office as a
Deputy for a constituency (a “pre-2022 constituency”).
(2) Where the Deputy’s pre-2022 constituency
comprises an area within St. Helier, Article 5 has effect in relation
to the Deputy as if for sub-paragraph (b)(i)
there were substituted –
“(i) the first day on which a
Deputy elected for any of the constituencies of St. Helier South, St. Helier
Central or St. Helier North at the next ordinary election takes the oath
of that office, or”.
(3) In any other case, Article 5 has effect in
relation to the Deputy as if the reference in Article 5(b)(i)
to “that constituency” were a reference to the constituency that includes, or
corresponds to, the Deputy’s pre-2022 constituency.
(4) In paragraph (1), the reference to the 2022
ordinary election is a reference to the election held in accordance with
Article 6(1).”.
4 Ordinary elections
For Article 6 (ordinary elections for
Senators and Deputies) there is substituted –
“6 Ordinary elections for
Deputies
(1) An ordinary election for Deputies is to be
held on 22nd June 2022.
(2) A subsequent ordinary election for Deputies
is to be held in the fourth calendar year (an “election year”) following that
in which the previous ordinary election was held.
(3) The States may by Act appoint the date in
an election year on which the ordinary election is to be held.”.
PART 3
election of CONNÉTABLEs
5 Term of office
For Article 1(1) of the Connétables (Jersey) Law 2008 there is substituted –
“(1) The
term of office of a Connétable begins with the day on
which the person elected as Connétable takes the oath
of that office.”.
6 Ordinary elections
For Article 2 of the Connétables (Jersey) Law 2008 there is substituted –
“2 Ordinary elections for Connétables
(1) An
ordinary election for Connétables
is to be held on 22nd June 2022.
(2) A
subsequent ordinary election for Connétables is to be
held in the fourth calendar year (an “election year”) following that in which
the previous ordinary election was held.
(3) The
States may by Act appoint the date in an election year on which the ordinary
election is to be held.”.
PART 4
other amendments, citation and
commencement
7 Article 18 (Council of
Ministers) of the States of Jersey Law 2005 amended
(1) In Article 18(2)(e) of the States of Jersey Law 2005, “, within 4 months of
their appointment under Article 19(7),” is deleted.
(2) After Article 18(2) of the States of Jersey Law 2005, there is inserted –
“(2A) The
Council of Ministers must lodge the statement of their common strategic policy
under paragraph (2)(e) –
(a) no
later than the day on which the first government plan is lodged; and
(b) within
4 months of their appointment under Article 19(7).
(2B) In
paragraph (2A), “first government plan” means the first government plan (as
defined in the Public Finances (Jersey) Law 2019) prepared by the Council of
Ministers after their appointment under Article 19(7).”.
8 Transitional provision
for the 2022 ordinary election
After Article 21 of the States of Jersey Law 2005, there is inserted –
“21B Transitional provision for the 2022 ordinary election
(1) For
the purposes of Article 21(3)(b), a 2022 departing Senator is not to be
treated as ceasing to be an elected member until the first day on which a
Deputy elected for any constituency at the 2022 ordinary election takes the
oath of that office (and the reference in Article 21(1)(b) to an “elected
member” is to be construed accordingly).
(2) In
this Article –
(a) “2022
departing Senator” means a person who, immediately before the 2022 ordinary
election –
(i) holds office as a Senator; and
(ii) holds
a Ministerial office (but is not the Chief Minister); and
(b) references
to the 2022 ordinary election are references to the election held in accordance
with Article 6(1).”.
9 Minor and consequential
amendments
(1) Schedule 2 contains minor and
consequential amendments.
(2) The States may by Regulations make
consequential, incidental, supplementary or transitional provision in
connection with any provision of this Law.
(3) The power to make Regulations under
paragraph (2) includes the power to amend, repeal or otherwise modify the
application of any enactment.
10 Citation and commencement
(1) This Law may be cited as the Constitution
of the States and Public Elections (Jersey) Law 2021.
(2) The following provisions of this Law come
into force on 22nd June 2022 –
(a) Article 1(2);
(b) in Part 1 of
Schedule 2, paragraphs 15 to 21;
(c) in Part 2 of Schedule 2,
paragraphs 2 to 4, paragraph 7 and paragraphs 9 to 11, 13 and 14;
(d) in Part 6 of
Schedule 2, paragraphs 3 and 5.
(3) The following provisions of this Law come
into force on 22nd December 2021 –
(a) Article 1(1) and (3);
(b) Schedule 1;
(c) in Part 1 of
Schedule 2, paragraphs 1 to 14;
(d) in Part 2 of
Schedule 2, paragraphs 6 and 8;
(e) Part 4 of
Schedule 2;
(f) Part 5 of
Schedule 2;
(g) in Part 6 of
Schedule 2, paragraphs 1 and 2.
(4) The other provisions of this Law come into
force 7 days after the Law is registered.
SCHEDULE 1
(Article 1(3))
Schedule
1 to the States of jersey law 2005 substituted
“Schedule 1
(Article 4(2))
Deputies’ constituencies
SCHEDULE 2
(Article 9)
minor
and CONSEQUENTIAL AMENDMENTS
Part 1
public elections (Jersey) law 2002
1 Public Elections (Jersey)
Law 2002 amended
This Part amends the Public Elections (Jersey) Law 2002.
2 Article 1 (interpretation) amended
(1) Article 1
is amended as follows.
(2) In
paragraph (a) of the definition “constituency”, “a Senator or” is deleted.
(3) For
the definition “electoral district” there is substituted –
“ “electoral district”
has the meaning given by Article 1A.”.
(4) In
the definition “public election”, “Senator or” is deleted.
3 Article 1A (electoral districts) inserted
After Article 1 there
is inserted –
(1) In relation to an election of a Deputy or Connétable, “electoral district” means –
(a) in
the Deputies’ constituency of St. Saviour, each of –
(i) Vingtaine de la Petite
Longueville,
(ii) Vingtaine de Sous l’Eglise,
(iii) Vingtaines de Maufant, de Sous la Hougue, des Pigneaux and de la Grande Longueville;
(b) in
the Deputies’ constituency of St. Brelade, each
of –
(i) Vingtaines de Noirmont and du Coin,
(ii) Vingtaines de Quennevais and de la Moye;
(c) in
any other Deputies’ constituency –
(i) where the constituency comprises
a single parish, that parish,
(ii) where the constituency
comprises more than one parish, each of those parishes,
(iii) in any other case, the
part of the parish which comprises the constituency.
(2) In relation to an election of a Centenier or Procureur du Bien Public of a parish, the
“electoral district” is the parish.”.
4 Article 2 (entitlement to vote) amended
(1) Article 2
is amended as follows.
(2) In
paragraph (1), for “an electoral district within the parish” there is
substituted “the electoral district that corresponds to the parish”.
(3) In
paragraph (1A) –
(a) for “the electoral
register for an electoral district within the parish” there is substituted “the
electoral register for an electoral district which is within, or is the area
comprising, the parish”;
(b) for “in force for the
election for an electoral district within the parish” there is substituted “in
force for the election for the electoral district”.
(4) In
paragraph (2) –
(a) for “one or more Deputies
of an electoral district” there is substituted “Deputies for a constituency”;
(b) for “the electoral
register for the electoral district” there is substituted “the electoral
register for an electoral district which is within, or is the area comprising,
the constituency”.
(5) Paragraph (3)
is deleted.
(6) In
paragraph (3A), for “paragraphs (1) to (3)” there is substituted
“paragraphs (1), (1A) and (2)”.
5 Article 9A (supplementary electoral registers
for elections of Senators, Deputies and Connétables) amended
(1) Article 9A
is amended as follows.
(2) In
the heading, “Senators,” is deleted.
(3) In
paragraph (1) –
(a) for “Senators, Deputies and Connétables” there is substituted “Deputies or Connétables”;
(b) after “the parish” there
is inserted “which is, or part of which is, the electoral district”.
6 Article 12 (electoral register in force
for an election) amended
In Article 12(1), for
“within” there is substituted “which is, or is within,”.
7 Article 15 (cost of election) amended
(1) Article 15
is amended as follows.
(2) In
paragraph (1), for “paragraphs (2) and (3) provide” there is
substituted “paragraph (3) provides”.
(3) Paragraph (2)
is deleted.
8 Article 17 (order for election) amended
(1) Article 17
is amended as follows.
(2) At
the beginning of paragraph (2)(a) there is inserted “subject to paragraph (2AA)(a),”.
(3) In
paragraph (2)(d), for “Autorisé” there is substituted “principal Autorisé”.
(4) After
paragraph (2) there is inserted –
(a) paragraph (2)(a)
does not apply where the date of the public election has been appointed by the
States by Act under those provisions;
(b) the
date fixed under paragraph (2)(c) must be within the period of 14 days
beginning with the day of the election.”.
(5) In
paragraph (2B) –
(a) “, and the constituency
is a parish,” is deleted;
(b) “in the parish” is
deleted.
(6) Paragraph (2C)
is deleted.
(7) In
paragraph (3A), “or (2C)” is deleted.
(8) In
paragraph (4), after “paragraph (3)” insert “, or a designation under paragraph (3A),”.
9 Article 17A (electoral administrator for
parish) amended
In Article 17A(2), in
the words before paragraph (a), “or of a Senator,” is deleted.
10 Article 18 (nomination of candidates) amended
(1) Article 18
is amended as follows.
(2) In
paragraph (1), for “(1A), (2) or (3)” there is
substituted “(1A) or (2)”.
(3) In
paragraph (2), “Senators,” is deleted.
11 Article 19 (holding of nomination meeting)
amended
(1) Article 19
is amended as follows.
(2) In
paragraph (1), for “(1A), (2) or (3)” there is
substituted “(1A) or (2)”.
(3) Paragraph (3)(a)
is deleted.
(4) In
paragraph (3), before sub-paragraph (b) there is inserted –
“(aa) in
the case of an election of a Deputy for a constituency comprising a parish, or
parts of a parish, by the Connétable of the parish;
(ab) in
the case of an election of a Deputy for a constituency comprising 2 or more
parishes, by the Connétable of one of those parishes
(to be determined by agreement between the Connétables
of the parishes comprising the constituency); or”.
(5) In
paragraph (3)(b), for “, Procureur du Bien Public or Deputy” there is
substituted “or Procureur du Bien Public”.
(6) Paragraph (3A)
is deleted.
12 Article 20 (procedure at nomination
meeting)
(1) Article
20 is amended as follows.
(2) In
each of the following provisions, for “(1A), (2) or (3)” there is substituted
“(1A) or (2)” –
(a) paragraph (2);
(b) paragraph (2A)(b);
(c) paragraph (4).
(3) In
paragraph (4A), “Senator,” is deleted.
13 Article 24 (ballot papers) amended
(1) Article 24
is amended as follows.
(2) Paragraphs (1)
and (2) are deleted.
(3) In
paragraph (3A)(aa), “, Senator” is deleted.
14 Article 47 (designation of counting
stations) amended
(1) Article 47
is amended as follows.
(2) In
paragraph (3) “and the constituency is a parish,” is deleted.
(3) Paragraph (4)
is deleted.
(4) For
paragraph (5) there is substituted –
“(5) Before making a designation under paragraph (2),
the principal Autorisé
must consult the electoral administrator for the parish which is, or part of
which is, the electoral district.
(5A) Before making a designation under paragraph (3),
the principal Autorisé
must consult –
(a) the
electoral administrator for each parish which, together with one or more
other parishes, comprises the constituency; and
(b) the
Autorisés for each of the other electoral districts in the constituency.”.
(5) In
each of paragraphs (6) and (7), for “paragraph (2), (3) or (4)” there
is substituted “paragraph (2) or (3)”.
15 Article 52 (result in election for one or
more Senators) deleted
Article 52 is deleted.
16 Article 52A (result in other public elections)
amended
(1) Article 52A
is amended as follows.
(2) In
the heading, “other” is deleted.
(3) Paragraph (1)
is deleted.
(4) In
paragraph (2), for “an election” there is substituted “a public election”.
17 Article 52AA (recounts) amended
(1) Article 52AA
is amended as follows.
(2) Paragraphs (2)
and (3) are deleted.
(3) In
paragraph (4), for “any other public election” there is substituted “a
public election”.
(4) In
paragraph (5), for “Neither the Judicial Greffier
nor a principal Autorisé
is required” there is substituted “A principal Autorisé is not required”.
18 Article 52B (procedure for recount in
election for one or more Senators) deleted
Article 52B is deleted.
19 Article 52C (procedure for recount by Autorisé) amended
(1) Article 52C
is amended as follows.
(2) In
the heading “by Autorisé”
is deleted.
(3) Paragraph (1)(a)
is deleted.
(4) After
paragraph (1) there is inserted –
“(1A) An Autorisé and
his or her Adjoints must comply with any
request made by the principal Autorisé
for assistance in conducting a recount in the electoral district for which the Autorisé was appointed.”.
20 Article 53 (completion of return and
delivery of papers) amended
(1) Article 53
is amended as follows.
(2) In
paragraph (1) for “Each principal Autorisé for an election for one or more
Senators, or the principal Autorisé
for any other public election,” there is substituted “The principal Autorisé for a public
election”.
(3) In
each of paragraphs (2), (3) and (4), the words “Subject to paragraph (5),”
are deleted.
(4) Paragraph (5)
is deleted.
21 Article 58 (procedure) amended
In Article 58(1)(b) –
(a) “within 6 weeks
after the date of the order where the election has been for Senator, and” is
deleted;
(b) “in the case of any other
election” is deleted.
Part 2
states
of jersey law 2005
1 States of Jersey Law 2005 amended
This Part amends the States of Jersey Law 2005.
2 Article
1 (interpretation) amended
In Article 1, in the definition “elected member”, “Senator,” is
deleted.
3 New
Part 2A (election of Deputies)
After Article 3, there is inserted –
“Part 2A
election of deputies”.
4 Article
4 (constituencies) amended
(1) Article 4 is amended as follows.
(2) Paragraph (1) is deleted.
(3) In paragraph (4), for “29” there is
substituted “37”.
5 Article
6A (transitional arrangements for ordinary elections in 2011 and 2014) deleted
Article 6A is deleted.
6 Article
7 (qualification for election as Senator or Deputy) amended
(1) Article 7 is amended as follows.
(2) In the heading, “Senator or” is deleted.
(3) In paragraph (1), “a Senator or” is
deleted.
(4) In paragraph (2), “Senator or”, in
both places, is deleted.
(5) In paragraph (3), “Senator or” is
deleted.
7 Article
8 (disqualification for office as Senator or Deputy) amended
(1) Article 8 is amended as follows.
(2) In the heading, “Senator or” is deleted.
(3) In each of paragraphs (1) and (2),
“Senator or” is deleted.
8 Article
9 (declaration to be made when nominated) amended
In Article 9(1), “Senator or” is deleted.
9 Article
11 (oath of office) amended
In Article 11, “Senators and” is deleted.
10 Article
12 (resignation of Senator or Deputy) amended
(1) Article 12 is amended as follows.
(2) In the heading, “Senator or” is deleted.
(3) In paragraph (1), “Senator or” is
deleted.
11 Article
13 (casual vacancy in the office of Senator or Deputy) amended
(1) Article 13 is amended as follows.
(2) In the heading, “Senator or” is deleted.
(3) In paragraph (1), “Senator or” is
deleted.
(4) In paragraph (5) for “the ordinary
election at which the Senator or Deputy would otherwise have retired under
Article 5” there is substituted “an ordinary election under Article 6”.
(5) Paragraphs (6) and (7) are deleted.
12 Article
14 (term of office of person filling casual vacancy) deleted
Article 14 is deleted.
13 Article
21 (term of office and dismissal of Ministers) amended
In Article 21(2), “Senator or” is deleted.
14 Schedule
2 (oaths) amended
(1) Part 1 of Schedule 2 is amended
as follows.
(2) In the heading, “SENATORS AND” is deleted.
(3) For “(Senator) (Deputy)” there is
substituted “Deputy”.
Part 3
CONNÉTABLEs (jersey) law 2008
1 Connétables (Jersey) Law 2008 amended
This Part amends the Connétables (Jersey) Law 2008.
2 Article
1 (term of office of Connétables) amended
(1) Article 1 is amended as follows.
(2) In paragraph (2), “Notwithstanding the
term of office stated for Connétables in paragraph (1),”
is deleted.
(3) In paragraph (3), “before the expiry
of his or her term of office” is deleted.
3 Article
2A (transitional arrangements in 2011 and 2014) deleted
Article 2A is deleted.
4 Article
4 (term of office of person filling casual vacancy) amended
In Article 4, “or 2A” is deleted.
5 Article
5 (transitional arrangements) deleted
Article 5 is deleted.
Part 4
political parties (registration) (jersey)
law 2008
1 Political Parties
(Registration) (Jersey) Law 2008 amended
This Part amends the Political Parties
(Registration) (Jersey) Law 2008.
2 Long
title
In the long title, “Senator,” is deleted.
3 Article
2 (requirements for political party to be registered) amended
In Article 2(8), “Senator,” is deleted.
4 Article
10 (removal from the register) amended
In Article 10(2)(c) and (3)(b), for “as a Senator, Deputy”
there is substituted “as a member of the States”.
Part 5
public
elections (expenditure and Donations) (jersey) law 2014
1 Public Elections (Expenditure and Donations) (Jersey) Law 2014 amended
This Part amends the Public Elections (Expenditure
and Donations) (Jersey) Law 2014.
2 Article
1 (interpretation) amended
In Article 1, in the definition “candidate”, “Senator,” is
deleted.
3 Article
4 (restriction on candidate’s election expenses) amended
(1) Article 4 is amended as follows.
(2) In paragraph (1)(a), “where the
candidate is a candidate for election as Senator, £2,800, or,” is deleted.
(3) In paragraph (1)(b), for “(1A), (2) or
(3)” there is substituted “(1A) or (2)”.
4 Article
10 (restriction on third party’s election expenses) amended
(1) Article 10 is amended as follows.
(2) Paragraph (2) is deleted.
(3) In paragraph (3), “or (2)” is deleted.
(4) Paragraph (4) is deleted.
Part 6
amendments to other legislation
1 Judicial and Legislative
Functions (Separation) (Jersey) Law 1951 amended
(1) The Judicial and Legislative
Functions (Separation) (Jersey) Law 1951 is amended as follows.
(2) In Article 1(1) –
(a) “Senator or”, in both
places, is deleted;
(b) “, as the case may be” is
deleted.
(3) In Article 1(2) –
(a) “Senator or a”, in both
places, is deleted;
(b) for “Senator or Deputy,
as the case may be,” there is substituted “Deputy”.
2 Employment of States of Jersey Employees (Jersey) Law 2005 amended
(1) Part 5 of the Employment of States of
Jersey Employees (Jersey) Law 2005 is amended as follows.
(2) In the following provisions “Senator,” is
deleted –
(a) Article 30(2)(c) and (d);
(b) Article 36(1);
(c) Article 37(1);
(d) Article 39(3)(a)(i);
(e) Article 40(1).
(3) In the following provisions “Senator or” is
deleted –
(a) Article 36(4)(a);
(b) Article 39(3)(a)(ii).
3 Matrimonial Causes Rules 2005 amended
In the Matrimonial Causes Rules 2005, in Rule 13(3)(a), “a
Senator or” is deleted.
4 States of Jersey (Powers,
Privileges and Immunities) (Scrutiny panels, PAC and PPC) (Jersey) Regulations
2006 amended
Part 3 of the States of Jersey (Powers, Privileges and Immunities) (Scrutiny panels,
PAC and PPC) (Jersey) Regulations 2006 is deleted.
5 Civil Partners Causes Rules 2012 amended
In the Civil Partners Causes Rules 2012, in Rule 16(3)(a), “a Senator
or” is deleted.