A LAW to amend further the States of Jersey Law 2005

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

“21A Suspension pending dismissal

(1)     This Article applies where the Chief Minister has obtained agreement, in accordance with Article 21(6)(b), to the lodging of a proposition for dismissal of a Minister.

(2)     The Chief Minister may, on or after obtaining that agreement, suspend the Minister, with immediate effect.

(3)     The Chief Minister shall take steps, as soon as possible, to inform the following persons of the suspension –

(a)     the Minister suspended;

(b)     other States members; and

(c)     States employees working in any administration of the States for which the suspended Minister is assigned responsibility.

(4)     The suspension shall cease to have effect in the event that the Chief Minister does not, before the expiry of the period of 3 working days commencing on the day after the suspension takes effect, lodge the proposition for the Minister’s dismissal.

(5)     The suspension shall otherwise have effect until the time when the proposition for dismissal is voted on or otherwise withdrawn.

(6)     Whilst the suspension is in effect  –

(a)     the Minister shall not have any of the powers or otherwise discharge the functions of, his or her Ministerial office; and

(b)     Article 27(2) to (4) shall apply as if the office were vacant.

(7)     In this Article, ‘States’ employees’ shall be construed in accordance with the Employment of States of Jersey Employees (Jersey) Law 2005[2].”.

“30    Ministerial delegations to be presented to States

(1)     A Minister who delegates functions under Article 28 shall present to the States a report specifying the functions delegated and to whom.

(2)     A Minister shall not be required to present a report under paragraph (1) where the delegation is so immediate and of such brief duration that it is not practicable to present the report before the delegation ends.

30A   List of delegations to be published

(1)     The Chief Minister shall cause to be established, maintained and published a consolidated list of –

(a)     the functions for the time being discharged by the Chief Minister and by each Minister;

(b)     the functions for the time being delegated by the Chief Minister and each Minister under Article 28, and to whom.

(2)     The list shall also specify which Minister is discharging, for the time being, the functions of another Minister under Article 27(1) or (2).

(3)     The information described in paragraph (1)(b) or (2) is not required to be incorporated in the list where the period for which the delegation has effect or for which one Minister’s functions are being discharged by another is so immediate and of such brief duration that it is not practicable to amend and publish the list to incorporate the information before the end of the period.

(4)     It shall be sufficient if the list is published on a website.”.

“44    Remuneration of elected members

(1)     No scheme, agreement or other arrangement whatsoever for the remuneration of, or the payment of any allowance to, elected members out of the consolidated fund shall provide for different elected members to be entitled to receive different amounts of remuneration or allowance.

(2)     In paragraph (1), ‘remuneration’ does not include payments out of the consolidated fund –

(a)     into a superannuation fund or pension scheme, for the benefit of an elected member;

(b)     to an elected member, as an allowance in respect of his or her contributions to a superannuation fund or pension scheme for his or her benefit”.