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 –

“(1A) If it appears to the Chief Minister that both he or she and the Deputy Chief Minister will or might be temporarily absent or incapacitated at the same time, the Chief Minister may designate another Minister to discharge the functions of the Chief Minister during the period of the Chief Minister’s and Deputy Chief Minister’s absence or incapacity.

(1B)   If –

(a)     the Chief Minister is temporarily absent or incapacitated;

(b)     it appears to the Deputy Chief Minister that he or she will or might be temporarily absent or incapacitated at the same time; and

(c)     the Chief Minister has not, under paragraph (1A), designated another Minister to discharge the functions of the Chief Minister in that event,

the Deputy Chief Minister may designate another Minister to discharge the functions of the Chief Minister during the period of the Chief Minister’s and Deputy Chief Minister’s absence or incapacity.

(1C)   If the Chief Minister is temporarily absent or incapacitated and, at the same time, the Deputy Chief Minister is temporarily absent or incapacitated, but a designation has not been made by either of them under paragraph (1A) or (1B), the functions of the Chief Minister shall, during the absence or incapacity of both of them, be discharged by the Minister described in paragraph (1E).

(1D)   If the office of Chief Minister is vacant, and the person appointed as Deputy Chief Minister is temporarily absent or incapacitated or ceases to hold office as a Minister, the functions of the Chief Minister shall be discharged by the Minister described in paragraph (1E) during the absence or incapacity of the Deputy Chief Minister or, as the case requires, until the next Chief Minister takes office.

(1E)   The Minister is –

(a)     the Minister who has held office as a Minister for the longest period of time;

(b)     if 2 or more Ministers have held office as a Minister for the same period of time and, disregarding the other or others of them, that period would be the longest period of time – whichever of them has held office as an elected member for the longest period of time; or

(c)     if 2 or more Ministers –

(i)      have held office as a Minister for the same period of time and, disregarding the other or others of them, that period would be the longest period of time, and

(ii)      have held office as an elected member for the same period of time and, disregarding the other or others of them, that period would be the longest period of time,

whichever of them would be called first in the roll of elected members, in accordance with standing orders.

(1F)   For the purposes of paragraph (1E) –

(a)     a Minister’s period of office as a Minister includes such office held in a previous Council of Ministers; and

(b)     a Minister’s period of office as an elected member includes such office held in a previously constituted States.”.