Royal
Court (Amendment No. 16) (Jersey)
Law 2022
Adopted
by the States 10th February 2022
Sanctioned
by Order of Her Majesty in Council 13th April 2022
Registered by the Royal Court 22nd April 2022
Coming into force 29th April 2022
THE STATES, subject to the sanction of Her Most
Excellent Majesty in Council, have adopted the following Law –
1 Amendment
of Royal Court (Jersey) Law
1948
This Law amends the Royal Court
(Jersey) Law 1948.
2 Article 2
(qualifications for the office of Jurat) amended
Article 2(2) is
deleted.
3 Article 9 substituted
For Article 9 there
is substituted –
“9 Retirement and resignation of Jurats
(1) Subject
to this Article a Jurat ceases to hold office on attaining the age of 72.
(2) A
Jurat may indicate an intention to retire before that age by giving not less
than 6 months’ notice to the Bailiff, or any other person nominated by the
Bailiff, provided that at the end of that period of 6 months the Jurat
will have completed 6 years’ service.
(3) The
Bailiff may permit the retirement of up to 2 Jurats in any year following an
indication of intention to retire under paragraph (2).
(4) However –
(a) the number permitted to
retire is reduced by the number of Jurats otherwise ceasing to hold office in that
year (to a maximum of 2);
(b) if more Jurats than the
number permitted under this Article have indicated an intention to retire in
any one year, the length of service will determine who may retire under this
Article.
(5) A
Jurat may be required by the Court to resign –
(a) if for a continuous
period of 12 months the Jurat fails, without good reason, to discharge the
duties of the office; or
(b) if, in the opinion of the
Court, the Jurat is permanently unable for any reason efficiently to carry out
the duties of the office.
(6) A
Jurat who is permitted to retire or required to resign under this Article must
present to the Bailiff, for transmission to Her Majesty in Council, a petition
praying that Her Majesty in Council may be pleased to permit the Jurat to retire,
or resign from, the office of Jurat.
(7) If
a Jurat required to resign under paragraph (5) has not within a reasonable
time presented a petition as required by paragraph (6), the Jurat is
removable by Order of Her Majesty in Council on the petition of the Superior
Number of the Royal Court.
(8) The
retirement or resignation of a Jurat under this Article triggers a vacancy in
the number of Jurats for the purposes of Article 4.
9AA Appointment to serve as a
Jurat after retirement
(1) Despite
Article 1, a Jurat who has ceased to hold office or retired under Article 9
(other than by being required to resign under paragraph (5) of that
Article) and who has not attained the age of 75 years may be called upon
to serve as a Jurat for any period or in relation to any cause or matter as the
Bailiff may determine.
(2) A
person serving as a Jurat under paragraph (1) is not included in the total
of 12 Jurats that may be appointed under customary law.
(3) An
oath under Article 7 taken by a person before being called to serve under
this Article continues to be binding on the person for the duration of that
service.”.
4 Article 9A amended
For the heading to
Article 9A there is substituted –
“9A Appointment of Guernsey
Jurats to act as Jurats in Jersey”.
5 Citation
and commencement
This Law may be cited as
the Royal Court (Amendment No. 16) (Jersey) Law 2022 and comes into force
7 days after it is registered.