Arrangement

A LAW to amend further the States of Jersey Law 2005 and to make consequential amendments to other enactments

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

“(1)    There shall be a Council of Ministers whose members shall be the Chief Minister and at least 7 Ministers.”;

“(3A) The Chief Minister and Ministers shall –

(a)     adhere to the principle of collective responsibility; and

(b)     agree and, within 3 months of being appointed to office under Article 19(7), present to the States a code of conduct and a code of practice for Ministers and Assistant Ministers.

(3B)   The Council of Ministers may, after consultation with a Minister, give the Minister directions concerning a policy for which the Minister is responsible, where the policy –

(a)     falls within the functions of the Council of Ministers, described in paragraph (2); and

(b)     appears to the Council of Ministers to affect the public interest.

(3C)   Directions may not be given as to the exercise of any function conferred by an enactment, or so as to influence the exercise of such a function.

(3D)   A Minister shall comply with directions given to him or her under paragraph (3B).”;

“(6)    The States may by Regulations amend the minimum number of Ministers in paragraph (1).”.

“(b)    an elected member shall continue in a Ministerial office until –

(i)      he or she is appointed to another Ministerial office under Article 23,

(ii)      the Ministerial office is abolished, or

(iii)     a further appointment takes effect under Article 19(7).”;

“(aa)  his or her resignation under Article 22;”;

“(4)    Only the Chief Minister may dismiss a Minister.

(5)     The Chief Minister shall take steps, as soon as possible, to inform the following persons of the dismissal of a Minister –

(a)     the Minister dismissed;

(b)     other States members; and

(c)     States employees working in any administration of the States for which the dismissed Minister was assigned responsibility.”.

“(5)    An Assistant Minister shall cease to hold office upon the Minister whom he or she assists ceasing, for any reason, to hold office.

(6)     An Assistant Minister shall adhere to the principle of collective responsibility, as it applies to the assistance to be given by an Assistant Minister to the Minister by whom he or she was appointed.”.

“25A Limit on number of Ministers and Assistant Ministers

(1)     The aggregate of the Chief Minister, Ministers and Assistant Ministers shall not exceed the prescribed number of individuals.

(2)     An appointment of a Minister or Assistant Minister that would cause the prescribed number of individuals to be exceeded shall be of no effect.”.

“(1A) A Minister shall not delegate to an Assistant Minister any function the delegation of which is wholly prohibited by an enactment.

(1B)   Where a Minister delegates to an Assistant Minister a power to make an enactment, paragraphs (4) and (5) of Article 26 shall apply to the making of an enactment by the Assistant Minister, in exercise of the delegated power, as they would apply to the making of the enactment by the Minister.”;

“(c)    any function the delegation of which is prohibited wholly, or to an officer, by an enactment.”.

“(4)    Standing orders made under paragraph (1) shall make provision for scrutiny, which shall include provision for the agreement of a code of practice for engagement, for the purposes of scrutiny, between elected members conducting scrutiny and Ministers and Assistant Ministers.”.