Children’s
Property and Tuteurs (Jersey) Law 2016
A LAW to provide for the appointment
and discharge of tuteurs and the duties and
liabilities of tuteurs and former tuteurs; to empower the Royal Court to give
directions in relation to the property of any minor; to empower the States to
make Regulations amending the Loi (1959) touchant la vente des immeubles de
mineurs; and for connected purposes
Adopted by the
States 12th April 2016
Sanctioned by
Order of Her Majesty in Council 13th July 2016
Registered by the
Royal Court 22nd
July 2016
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law –
“curator” means a person appointed as such under Article 43
of the Mental Health (Jersey) Law 1969[1];
“guardian” means, in relation to a minor, the person (if
any) appointed as the minor’s guardian under Article 7 of the
Children (Jersey) Law 2002[2];
“Minister” means the Chief Minister;
“minor” means, in relation to a tuteur, the minor in relation to whose property the tuteur is appointed, and “former minor”
means the minor, once he or she has attained full age;
“property” means –
(a) movable
and immovable property; and
(b) where
a tuteur has been appointed, the property to
which the appointment relates;
“relative” means, in relation to a minor –
(a) a
grand-parent;
(b) a
brother or sister (whether of the full blood or half blood);
(c) an
uncle or aunt (including a person who is an uncle or aunt by marriage or civil
partnership);
(d) a
first cousin (including a person who is a first cousin).
2 Appointment
of tuteur
(1) A tuteur must be appointed in relation to property
owned by or due to a minor if the property is or includes –
(a) immovable
property; or
(b) movable
property having a value, in the aggregate, which exceeds £25,000.
(2) Movable
property shall be disregarded for the purposes of paragraph (1)(b) if the
property –
(a) forms
part or the whole of the estate of a deceased person and the executor or
administrator of the estate is for the time being responsible for its
administration; or
(b) is
held on trust and for the time being administered by the trustee of the trust.
(3) A tuteur may be appointed in any other case.
(4) The
Minister may, by Order, amend the amount in paragraph (1)(b).
(5) An
application for the appointment of a tuteur
must be made to the Royal Court.
(6) An
application for the appointment of a tuteur may
be made by –
(a) a
parent or relative of the minor;
(b) a
guardian of the minor;
(c) a
creditor of the minor;
(d) the
Attorney General; or
(e) with
the leave of the Royal Court, any other person.
(7) On
an application for the appointment of a tuteur
being made, the Royal Court –
(a) shall
appoint a tuteur in a case described in paragraph (1);
and
(b) may
appoint a tuteur in any other case.
(8) Only
an individual may be appointed as tuteur.
(9) The
fact that an individual is the parent or guardian of the minor, or has applied
for the appointment of a tuteur, does not
prevent the individual being appointed as tuteur.
(10) Subject
to paragraphs (11) and (12), the Royal Court shall appoint a tuteur in relation to all of the minor’s
property.
(11) The Royal
Court may –
(a) direct
that a tuteur’s appointment does not
extend to any property described in paragraph (2);
(b) impose
restrictions on a tuteur’s powers.
(12) Where a
minor who owns or has due to him or her immovable property also owns or has due
to him or her movable property having a value, in the aggregate, that does not
exceed the amount referred to in paragraph (1)(b), the Royal Court may
direct that the tuteur’s appointment does
not extend to the minor’s movable property.
(13) The
Royal Court may, in any case, appoint more than one individual as tuteur in relation to the property of a minor.
(14) The
appointment of a tuteur takes effect upon the
person taking the oath set out in Schedule 1.
3 Powers
and duties of tuteur
(1) A tuteur is responsible for the administration of the
property in relation to which he or she is appointed, and for no other matter.
(2) The
Code of 1771[3] makes provision as to the
manner in which a tuteur must discharge his or
her responsibility and the liability of a tuteur
who does not discharge his or her responsibility in that manner.
(3) Subject
to any restriction imposed by the Royal Court, a tuteur
acting in the discharge of his or her duties shall have the same powers in
relation to the property as the minor would have, if the minor was of full age.
(4) Without
prejudice to the generality of paragraph (3), the powers referred to in
that paragraph include the same powers of delegation and to employ other persons
as a trustee has under Article 25(2) and (4) of the Trusts (Jersey) Law 1984[4].
4 Expenses
and remuneration of tuteur
A tuteur is entitled to be paid,
from the property –
(a) his
or her expenses reasonably incurred in the discharge of his or her powers and
duties as tuteur;
(b) remuneration,
in accordance with a scale or rate specified in rules of court, for his or her
work done in the discharge of his or her powers and duties as tuteur.
5 Discharge
of tuteur
(1) The
Royal Court may discharge an individual from the office of tuteur at any time.
(2) An
application for a person to be discharged from the office of tuteur may be made to the Royal Court by –
(a) the
tuteur;
(b) the
Attorney General; or
(c) with
the leave of the Royal Court, any other person.
(3) When
discharging an individual from the office of tuteur
the Royal Court –
(a) must,
where Article 2(1) applies, appoint one or more individuals as tuteur in his or her place, if there would otherwise
be no-one appointed as tuteur in relation to
the minor’s property; and
(b) may,
in any other case, appoint one or more individuals as tuteur
in his or her place.
(4) When
discharging an individual from the office of tuteur,
the Royal Court may give directions under Article 7.
6 Cessation
of appointment of tuteur
(1) An
individual shall cease to hold the office of tuteur
upon the minor attaining full age or dying.
(2) Upon
the minor attaining full age the former tuteur
shall, without delay, take any steps necessary to transfer the administration
of the property to the former minor or, if a curator is appointed for the
former minor, to the curator.
(3) Upon
the minor dying, the former tuteur shall,
without delay, take any steps necessary to facilitate the devolution of the
administration of the minor’s property on the executor or administrator
of the deceased minor’s estate.
(4) The
general duties in paragraphs (2) and (3) do not derogate from the specific
duties in Schedule 2.
7 Directions
of the Royal Court in relation to property of
minor, whether or not tuteur appointed
(1) The Royal Court may give directions in
relation to –
(a) the administration of the property of a
minor, whether or not a tuteur has been appointed
in relation to the property;
(b) the transfer of the administration of
property from a tuteur to another person.
(2) Where a tuteur
has been appointed in relation to property, an application for directions may
be made by –
(a) the tuteur;
(b) the Attorney General; or
(c) with the leave of the Royal Court, any other
person.
(3) Where a tuteur
has not been appointed for the minor, an application for directions may be made
by –
(a) a person holding property that is owned by
or due to the minor;
(b) a creditor of the minor;
(c) the Attorney General; or
(d) with the leave of the Royal Court, any other
person.
8 Inventories,
accounts and papers
(1) Schedule 2 has effect to impose duties
on tuteurs and former tuteurs –
(a) to prepare inventories and accounts of the
property of the minor, in such form and containing such information as may be
specified in that Schedule; and
(b) to submit such inventories and accounts to
such persons, by such dates, and at such intervals or on the occurrence of such
events as may be specified in that Schedule;
(c) to deliver up such books papers and other
documents held in connection with the administration of a minor’s
property to such persons, by such date, as may be specified in that Schedule.
(2) The Minister may, by Order, amend Schedule 2.
9 Offences
(1) A
person (other than the tuteur) who administers
the property of a minor in relation to which a tuteur
is appointed commits an offence.
(2) Paragraph (1)
does not apply to a person who takes action concerning property in relation to
which a tuteur is appointed if the person –
(a) takes
the action in accordance with a direction given by the tuteur; and
(b) reasonably
believes that the direction is lawfully given by the tuteur.
(3) Paragraph (1)
does not apply to a person who takes action concerning property in relation to
which a tuteur is appointed if the person –
(a) is
the delegate of the tuteur;
(b) acts
in accordance with the terms of the delegation; and
(c) reasonably
believes that the delegation is lawfully made by the tuteur.
(4) Paragraph (1)
does not apply to a person who takes action concerning property in relation to
which a tuteur is appointed if the person –
(a) is
employed by the tuteur;
(b) acts
in accordance with the terms of the employment; and
(c) reasonably
believes that his or her employment by the tuteur
is lawful.
(5) A
person who administers the property of a minor in relation to which a tuteur is required by Article 2(1) to be
appointed but for which no tuteur is appointed
commits an offence.
(6) Paragraph (5)
does not apply to a person who administers the property –
(a) only
for the purpose of preserving it; and
(b) only
to the extent necessary for that purpose.
(7) Paragraphs
(1) and (5) do not apply to a person who administers the property of a minor in
accordance with directions given by the Royal Court under Article 7.
(8) The
penalty for an offence under paragraph (1) or (5) is imprisonment for a
term of 12 months and a fine.
(9) A tuteur or former tuteur
who fails, without reasonable excuse, to comply with any requirement in Schedule 2
commits an offence and is liable to a fine of level 3 on the standard
scale.
10 General
provisions as to offences
(1) Where
an offence under this Law committed by a body corporate, limited liability
partnership or separate limited partnership, is proved to have been committed
with the consent or connivance of, or to be attributable to any neglect on the
part of –
(a) a
person who is a partner of the partnership, or director, manager, secretary or
other similar officer of the company; or
(b) any
person purporting to act in any such capacity,
the person shall also be guilty of the offence and liable in the
same manner as the partnership or body corporate to the penalty provided for
that offence.
(2) Where
the affairs of a body corporate are managed by its members, paragraph (1)
shall apply in relation to acts and defaults of a member in connection with his
or her functions of management as if the member were a director of the body
corporate.
11 Rules
of court
The power in Article 13 of the Royal Court (Jersey) Law 1948[5] to make rules of court
includes the power to make rules of court for the purposes of this Law.
12 Abolition
of customary law rules
The customary law requiring the formation of a tutelle and as to the appointment, duties and
liabilities of the électeurs is hereby
abolished.
13 Enactments
repealed or amended
Schedule 3 has effect to repeal or amend enactments
consequentially upon the enactment of this Law.
14 Regulations
The States may, by Regulations, amend this Law.
15 Application,
transitional provisions and saving
The Minister may by Order, make provision for the application of
this Law on its commencement, and transitional provisions and savings for the
purposes of its commencement and the repeal by it of any other enactment and
the abolition by it of any rule of customary law.
16 Citation
and commencement
This Law may be cited as the Children’s Property and Tuteurs
(Jersey) Law 2016 and shall come into force one month after it is
registered.
dr. m. egan
Greffier of the States
SCHEDULE 1
(Article 2(14))
OATH OF TUTEUR
YOU swear and promise before God that you will well and faithfully
discharge the duties of tuteur in relation to
the property of .......................................... in respect of which
you have been appointed; that you will administer and safeguard such property
with equal or even greater concern than you would manifest for your own; that
you will deliver good and faithful accounts to whomsoever may be entitled to
demand the same: and that you will generally discharge all the duties appertaining
to the said office.
SCHEDULE 2
(Article 8(1))
inventories, accounts and papers
1 Interpretation
of Schedule 2
In this Schedule –
“appointment date” means the date a tuteur’s appointment takes effect, in
accordance with Article 2(14);
“cessation date” means –
(a) in
relation to a tuteur who is discharged from
office under Article 5, the date of such discharge;
(b) in
relation to a tuteur whose appointment ceases
under Article 6, the date of such cessation;
“minor’s property” means, in relation to a tuteur, the property of the minor to which the tuteur’s appointment extends;
“tuteur” includes a
former tuteur who has been discharged from
office under Article 5 or whose appointment has ceased under Article 6.
2 Delivery
of inventory
A tuteur must, within the period of
90 days following his or her appointment date, deliver to the Judicial
Greffier an inventory of the minor’s property.
3 Preparation
and delivery of annual accounts
(1) A tuteur must prepare accounts in connection with the
administration of the minor’s property.
(2) Accounts
must be prepared for the period of 12 months commencing with the
appointment date and, for the duration of the tuteur’s
appointment, each anniversary of that date.
(3) The
tuteur must, as the Judicial Greffier requires,
have the accounts audited or certified by a person holding such qualifications
as the Judicial Greffier specifies.
(4) Accounts
must be prepared and a copy of them submitted to the Judicial Greffier within
the period of 30 days following the period of 12 months to which the
accounts relate.
4 Discharge
or cessation of appointment of tuteur
(1) A tuteur must prepare accounts in connection with the
administration of the minor’s property for the period –
(a) beginning
with the day following the end of the last period for which accounts were or
must be prepared under paragraph 3; and
(b) ending
with the cessation date.
(2) A tuteur must, within the period of 30 days
following the cessation date deliver a copy of the accounts referred to in sub-paragraph (1)
and of all accounts required under paragraph 3 to the Judicial Greffier
and –
(a) where
the tuteur is discharged from office and one or
more individuals are appointed as tuteur in his
or her place – to the individual or individuals so appointed;
(b) where
the tuteur is discharged from office and no-one
is appointed as tuteur in his or her place – to the person having
parental responsibility for the minor;
(c) where
the tuteur’s appointment ceases upon the
minor attaining full age – to the minor;
(d) where
the tuteur’s appointment ceases upon the
death of the minor – to the minor’s executor or administrator.
(3) Every
copy of accounts delivered under sub-paragraph (2) must be verified by an
affidavit sworn by the tuteur.
(4) A tuteur must, forthwith after delivery of the copies
required by sub-paragraph (2), deliver up to the person to whom such
copies were delivered by virtue of clause (a), (b) or (c) of sub-paragraph (2)
all books, papers and other documents held by the tuteur
in connection with the administration of the minor’s property.
SCHEDULE 3
(Article 13)
enactments repealed or amended
1 Loi
(1961) sur l’exercice de la profession de droit à Jersey amended
In Article 2(2) of the
Loi (1961) sur l’exercice de la profession de droit à Jersey[6] the words “, une tutelle” are deleted.
2 Loi
(1938) sur les honoraires des Jurés-Justiciers
amended
In the tariff in the Loi (1938) sur les honoraires des
Jurés-Justiciers[7], in the entry under the heading “CONTRATS”
the words “(y
compris des lettres de tutelle)” are deleted.
3 Age
of Majority (Jersey) Law 1999 amended
Article 3 of the Age
of Majority (Jersey) Law 1999[8] is repealed.
4 Children
(Jersey) Law 2002 amended
In Article 7 of the
Children (Jersey) Law 2002[9], paragraphs (12) and (13) are repealed.
5 Loi
(1862) sur les Tuteurs repealed
The Loi (1862) sur les Tuteurs[10] is repealed.
6 Code
of 1771 amended
In the Code of 1771[11] –
(a) the
oaths for Electeurs and Tuteurs are repealed;
(b) in the
section headed “Tuteurs” –
(i) the
first, third and fourth paragraphs are repealed,
(ii) in
the second paragraph, for the words “Ils seront” there are
substituted the words “Les tuteurs
seront”.
7 Loi
(1832) sur les décrets amended
In Article 5 of the Loi (1832) sur les décrets[12] for the words beginning “en
produisant” and ending “2 de ses électeurs,” there are
substituted the words “en prêtant serment”.
8 Loi
(1959) touchant la vente des immeubles de mineurs amended
In the Loi (1959) touchant la vente des immeubles de mineurs[13] –
(a) in Article 1(a)
and (b) the words “du consentement de ses électeurs” are
deleted;
(b) in Article 3(1)
the words “et ses électeurs” are deleted;
(c) after
Article 4 there shall be inserted the following Article –
Les Etats pourront, par des
Règlements, amender cette Loi.”.
9 Food
Costs Bonus (Jersey) Regulations 2014 amended
In paragraph 6 of the Schedule to the Food Costs (Bonus)
(Jersey) Regulations 2014[14] –
(a) in
sub-paragraph (1) –
(i) the
word “and” is inserted after clause (a),
(ii) clause (c)
and the word “and” following clause are deleted;
(b) in
sub-paragraph (2)(a) the words “or tuteur”
are deleted.