Royal Court
(Amendment No. 11) (Jersey) Law 2005
A LAW to make further provision about
questions of procedure and about the functions of Commissioners appointed by
the Bailiff.
Adopted by the
States 2nd March 2005
Sanctioned by
Order of Her Majesty in Council 7th June 2005
Registered by the
Royal Court 8th
July 2005
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law, a reference to the principal Law is a reference to the
Royal Court (Jersey) Law 1948.[1]
2 Article
10A amended
For Article 10A(5) – (7)
of the principal Law[2] there shall be substituted the following paragraphs –
“(5) Where
the appointment is made for a term, the term shall be specified in the
instrument of appointment.
(6) In
the case of a Commissioner appointed for a term, the Bailiff –
(a) may,
with the agreement of the Commissioner, extend the term for such period as the
Bailiff thinks appropriate; and
(b) may
from time to time authorize or require the Commissioner to exercise, whether
for the purposes of this Law or for any other purposes, such other judicial
functions of the Bailiff as the Bailiff specifies.
(7) Notwithstanding
the other provisions of this Article, the Bailiff may, if the Bailiff thinks
fit, terminate the appointment of a Commissioner on the ground of incapacity or
misbehaviour.”.
3 Article
10C replaced
For Article 10C of the
principal Law[3] there shall be substituted the following Article –
“10C
Powers of Commissioners
(1) Where
a Commissioner presides over the Royal Court the powers of the Bailiff
specified in Article 13 shall be exercised by that Commissioner.
(2) A
Commissioner appointed by the Bailiff for a specified term may exercise,
whether for the purposes of this Law or for any other purposes, such other
judicial functions of the Bailiff as the Bailiff may from time to time
authorize or require.”.
4 Article
13 amended
After Article 13(1) of
the principal Law[4] there shall be added the following paragraph –
“(1A) For the purposes of
this Law, a question of procedure is one of law.”.
5 Article 17A inserted
After Article 17 of the
principal Law[5] there shall be inserted the following Article –
“17A Savings and transitional provision
(1) Articles
10A(6) and (7) and 10C, as substituted by the Royal Court (Amendment
No. 11) (Jersey) Law 2005,[6] shall, in addition to their application in relation to any Commissioner
appointed under Article 10A after the time when that Law comes into force,
also apply in relation to any Commissioner appointed under Article 10A
before that time whose appointment is still in force at that time.
(2) Except
as provided in this Article, the amendments made to this Law by the Royal Court
(Amendment No. 11) (Jersey) Law 2005 shall not affect the terms of any
appointment under Article 10A still in force at the time when the latter
Law comes into force or the functions of any Commissioner appointed under that
Article before that time.
(3) Article 13A(1A),
as inserted by the Royal Court (Amendment No. 11) (Jersey) Law 2005, shall,
from the time when that Law comes into force, apply to any proceedings that
commence or continue after that time.
(4) The
amendment of this Law by the Royal Court (Amendment No. 11) (Jersey) Law
2005 shall not invalidate any proceedings that have commenced, but not been
concluded, at the time when the latter Law comes into force, or anything done
before that time in respect of any proceedings.”.
6 Citation
and commencement
This Law may be cited as the Royal Court (Amendment No. 11) (Jersey)
Law 2005 and shall come into force on the seventh day following its
registration.
D.C.G. FILIPPONI
Assistant Greffier of the States.
[1] Tome VII, page 502, Volume 1979-1981,
page 195, Volume 1984-1985, page 175, Volume 1990-1991, pages 113 and 855,
Volume 1992-1993, page 461, Volume 1996-1997, pages 147 and 667, Volume 1998,
page 659 and Volume 2001, page 7.
[2] Tome VII, page 510 and Volume 1984-1985, page 175.
[3] Tome VII, page 510 and Volume 1984-1985, page 175.
[6] Volume 2005, page 505.