Jersey Law 22/1965
“ DEPARTMENTS OF THE JUDICIARY AND THE LEGISLATURE (JERSEY)
LAW, 1965” ,
CONFIRMÉ PAR
Ordre
de Sa Majesté en Conseil
en date du 29 novembre 1965.
____________
(Enregistré le 14 janvier 1966).
DEPARTMENTS OF THE JUDICIARY AND THE LEGISLATURE (JERSEY) LAW,
1965.
____________
A LAW to
revise and consolidate the Laws relating to the Departments of the Bailiff, the
Law Officers of the Crown, the Viscount, the Judicial Greffier
and the Greffier of the States, sanctioned by Order
of Her Majesty in Council of the
29th day of NOVEMBER, 1965.
____________
(Registered on the 14th day of January, 1966).
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STATES OF JERSEY.
____________
The 22nd day of June,
1965.
____________
THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law -
ARTICLE I
DEPARTMENTS TO WHICH LAW APPLIES AND CONSTITUTION THEREOF
(1) This
Law makes provision with regard to the following Departments namely –
(a) the Bailiff’s
Department, that is to say, the Bailiff and the Deputy Bailiff ;
(b) the Law Officers
Department, that is to say, the Attorney General, the Solicitor General and the
Autorisé de la Partie
Publique ;
(c) the Viscount’s
Department, that is to say, the Viscount and the Deputy Viscount ;
(d) the Judicial Greffe, that is to say, the Judicial Greffier
and the Deputy Judicial Greffier ;
(e) the States’ Greffe, that is to say, the Greffier
of the States and the Deputy Greffier of the States ;
together with other officers (within the meaning of the Civil
Service Administration (Jersey) Law, 1953, as amended) of whom a sufficient
number shall be appointed to ensure the service of the said Departments.
(2) No
officer shall be appointed to the Bailiff’s Department or the Law
Officers Department without the consent of the Bailiff or the Attorney General,
as the case may be.
(3) Nothing
in this Law shall derogate in any way from the authority of the Bailiff to
appoint Lieutenant Bailiffs nor from the power of the Royal Court to appoint an
advocate to discharge the functions of Attorney General.
ARTICLE 2
APPOINTMENT OF PRINCIPAL OFFICERS
(1) The
Bailiff, the Deputy Bailiff, the Attorney General, the Viscount and the
Solicitor General are appointed by Her Majesty.
(2) The
Autorisé de la Partie
Publique is appointed by the Attorney General.
(3) The
Deputy Viscount is appointed by the Viscount with the consent of the Bailiff.
(4) The
Judicial Greffier is appointed by the Bailiff, and
the Deputy Judicial Greffier is appointed by the
Judicial Greffier with the consent of the Bailiff.
(5) The
Greffier of the States is appointed by the Bailiff
with the consent of the States and the Deputy Greffier
of the States is appointed by the Greffier of the
States with the consent of the Bailiff.
(6) It
is an essential qualification for the appointment of a person to the office of
Attorney General, Solicitor General, Autorisé
de la Partie Publique or
Judicial Greffier that he be an advocate or a
solicitor.
ARTICLE 3
SUSPENSIONS AND DISMISSALS
(1) The
Autorisé de la Partie
Publique may be suspended or dismissed from office by
the Attorney General.
(2) The
Judicial Greffier may be suspended from office by the
Superior Number of the Royal Court and may be dismissed from office by Her
Majesty in Council on a petition from the Superior Number of the Royal Court.
(3) The
Deputy Viscount may be suspended or dismissed from office by the Viscount with
the consent of the Bailiff.
(4) The
Deputy Judicial Greffier may be suspended or
dismissed from office by the Judicial Greffier with
the consent of the Bailiff.
(5) The
Greffier of the States may be suspended from office
by the Bailiff who shall refer the matter to the States at their next sitting
and may be dismissed from office by the States.
(6) The
Deputy Greffier of the States may be suspended or
dismissed from office by the Greffier of the States
with the consent of the Bailiff.
ARTICLE 4
DISCUSSION IN CAMERA
Any discussion by the Royal Court or the States with regard to the
appointment, suspension or dismissal of any officer under this Law shall take
place in camera.
ARTICLE 5
DISCHARGE OF FUNCTIONS IN EVENT OF ABSENCE OR INCAPACITY OF
PRINCIPAL OFFICERS
(1) In
the event of the absence or incapacity of the Bailiff, the Attorney General,
the Viscount, the Judicial Greffier or the Greffier of the States, the functions of their office shall
be discharged by the Deputy Bailiff, the Solicitor General, the Deputy
Viscount, the Deputy Judicial Greffier or the Deputy Greffier of the States respectively.
(2) In
the event of the absence or incapacity of both the Viscount and the Deputy
Viscount, the Judicial Greffier and the Deputy
Judicial Greffier or the Greffier
of the States and the Deputy Greffier of the States,
the functions of their office shall be discharged by an officer of their
respective departments appointed by the Bailiff for that purpose.
ARTICLE 6
DESIGNATION OF SUBSTITUTE PRINCIPAL OFFICERS
The Viscount and the Judicial Greffier,
with the consent of the Bailiff, may designate one or more officers of their
respective Departments to discharge functions attributed under this Law to
sworn members of those Departments, and the officers so designated shall be
known as “ Viscount Substitute” and “ Greffier
Substitute” respectively.
ARTICLE 7
OATH OF OFFICE
(1) With
the exception of the Autorisé de la Partie Publique, the officers
referred to in sub-paragraphs (a) to
(e) of Article 1 of this Law, a
Lieutenant-Bailiff, any advocate appointed by the Royal Court to discharge the
functions of the Attorney General, the persons appointed under Article 5 of
this Law to discharge the functions of Viscount, Judicial Greffier
or Greffier of the States and the officers designated
under Article 6 of this Law shall, on assuming office, take oath in the
appropriate form set out in the Schedule to this Law.
(2) The
said oaths shall be administered in the Royal Court, except in the case of the Greffier of the States and the Deputy Greffier
of the States who shall take oath before the States, and of the persons
appointed under paragraph (2) of Article 5 of this Law who shall take oath
before the Bailiff.
ARTICLE 8
REMUNERATION AND TERMS OF APPOINTMENT OF PRINCIPAL OFFICERS
(1) The
officers referred to in sub-paragraphs (a)
to (e) of Article 1 of this Law shall
receive such salaries and allowances and shall be entitled to such pensions or
gratuities (if any) as may be fixed by the States.
(2) The
officers referred to in sub-paragraphs (a)
to (e) of Article 1 of this Law other
than the Autorisé de la Partie
Publique shall not, within or without the Island,
occupy any other paid employment, or any public or parochial office, and the Autorisé de la Partie Publique shall not act in any manner likely to conflict
with the duties of his office.
(3) Nothing
in this Article shall prohibit the Attorney General or, in his absence, the
Solicitor General, where he considers it in the public interest so to do, from
advising or acting in any private cause or matter, and in such case his fees
shall be paid into the General Revenues of the States.
ARTICLE 9
DELEGATION OF FUNCTIONS
(1) Notwithstanding
anything in any enactment, the Deputy Bailiff, on the authority of the Bailiff,
may discharge any function appertaining to the office of Bailiff.
(2) The
Deputy Bailiff, in the discharge of any function which he is authorized by or
under this Law to discharge, shall have the same precedence and prerogatives
and shall be subject to the same duties and obligations as the Bailiff would
have or be subject to if he were discharging that function.
(3) Notwithstanding
anything in any enactment, the Solicitor General, on the authority of the
Attorney General, may discharge any function appertaining to the office of
Attorney General.
(4) The
Solicitor General, in the discharge of any function which he is authorized by
or under this Law to discharge, shall have the same precedence and prerogatives
and shall be subject to the same duties and obligations as the Attorney General
would have or be subject to if he were discharging that function.
(5) Notwithstanding
anything in any enactment, the Deputy Viscount and any sworn member of the
Viscount’s Department, on the authority of the Viscount, may discharge
any function appertaining to the office of Viscount :
Provided that the Viscount shall not authorize any member of his
Department, other than the Deputy Viscount, to conduct an inquest.
(6) Notwithstanding
anything in any enactment, the Deputy Judicial Greffier
and any sworn member of the Judicial Greffe, on the
authority of the Judicial Greffier, may discharge any
function appertaining to the office of Judicial Greffier.
(7) Notwithstanding
anything in any enactment, the Deputy Greffier of the
States, on the authority of the Greffier of the
States, may discharge any function appertaining to the office of Greffier of the States.
ARTICLE 10
PROVISIONS RELATING TO FUNCTIONS OF VISCOUNT
(1) The
Viscount shall not be required to exercise any executive function except on
instructions given to him in writing.
(2) Any
record given by the Viscount, the Deputy Viscount or a Viscount Substitute to
the effect that he has performed any particular function shall be received in
evidence without further proof of the function or of the authority to perform
it.
ARTICLE 11
PROVISIONS RELATING TO FUNCTIONS OF JUDICIAL GREFFIER
(1) The
Judicial Greffier, the Deputy Judicial Greffier or a Greffier Substitute
shall attend at all sittings of the courts and judicial tribunals to record the
acts and decisions of those courts and tribunals, to take down where necessary
the depositions of witnesses and generally to carry out all the duties of
clerk.
(2) All
acts and decisions so recorded shall be authenticated by the signature or
initials of the Judicial Greffier, the Deputy
Judicial Greffier or the Greffier
Substitute, as the case may be, and shall be entered in the appropriate
register.
ARTICLE 12
FEES AND EMOLUMENTS
All fees and emoluments leviable under
any enactment or customary law in respect of any cause, matter or thing dealt
with by any of the officers referred to in sub-paragraphs (a) to (e) of Article 1 of
this Law shall be paid into the General Revenues of the States, and the States
may make regulations prescribing the rates and scales of such fees and may by
such regulations amend or repeal any enactment relative thereto.
ARTICLE 13
SAVING AS TO REGULATIONS
Any regulations made by the States under sub-paragraph (a) of Article 19 of the “ Loi (1931) constituant le Département du Greffe Judiciaire” and in
force at the time of the commencement of this Law shall continue in force and
have effect as if they were rules of court made under Article 11 of the Royal
Court (Jersey) Law, 1948, and any
such regulations may be varied or revoked accordingly.
ARTICLE 14
REPEAL AND SAVING
The following enactments are hereby repealed, namely –
(a) the following
provisions of the Code of Laws confirmed by Order of His Majesty in Council of
the twenty-eighth day of March, 1771 –
(i) the
provisions under the title “ Greffiers ”
, insofar as unrepealed ;
(ii) the
“ Serment du Bailly
et Lieutenant Bailly ” , the “ Serment du Procureur et Avocat du Roi ” , the
“ Serment du Vicomte
” and the “ Serment du Greffier de la Cour Royale ” ;
(b) the “ Loi (1930) constituant le Département du Vicomte”
;
(c) the “ Loi (1930) constituant le Département des Officiers
de la Couronne” ;
(d) the “ Loi (1931) constituant le Département du Greffe Judiciaire” ;
(e) the “ Loi (1931) constituant le Département du Greffe des Etats ” ;
(f) the “ Loi (1936) touchant la rétribution de la charge de Bailli
” ;
(g) the “ Loi (1936) (Amendement) sur le Département des Officiers de la Couronne ”;
(h) the “ Loi amendant la Loi constituant le Département des Officiers
de la Couronne, confirmée
par Ordre de Sa Majesté
en Conseil en date du 18 avril
1946” ;
(j) the Deputy
Bailiff (Appointment and Functions) (Jersey) Law, 1958:
Provided that any person who was appointed to any office under any
of the said enactments and who is holding office immediately before the
commencement of this Law shall be deemed to have been appointed to that office
under this Law.
ARTICLE 15
SHORT TITLE
This Law may be cited as the Departments of the Judiciary and the
Legislature (Jersey) Law, 1965.
SCHEDULE
(Article 7)
FORMS OF OATH
OATH OF OFFICE OF BAILIFF, DEPUTY BAILIFF OR LIEUTENANT BAILIFF
You swear and promise before God that well and faithfully you will
exercise the office of Bailiff (Deputy Bailiff or Lieutenant Bailiff) under our
Sovereign Lady Queen Elizabeth the Second in this Her Island of Jersey; that
you will be faithful and bear true allegiance to Her Majesty, her heirs and
successors, according to law; that you will uphold and maintain the honour and glory of God; that you will uphold and maintain
the laws and usages and the privileges and freedoms of this Island and that you
will vigorously oppose whomsoever may seek to destroy them; that you will
administer justice to all manner of persons without favour
or partiality; and that you will take heed of the good advice and counsel of
the Jurats as the case may require; all of which you
promise on your conscience.
OATH OF OFFICE OF ATTORNEY GENERAL, SOLICITOR GENERAL OR ACTING
ATTORNEY GENERAL
You swear and promise before God that well and faithfully you will
exercise the office of Attorney General (Solicitor General or Acting Attorney
General) under our Sovereign Lady Queen Elizabeth the Second in this Her Island
of Jersey; that you will be faithful and bear true allegiance to Her Majesty,
her heirs and successors, according to law; that you will uphold and maintain
the honour and glory of God; that you will uphold and
maintain the laws and usages of this Island; and that you will ensure, so far
as you are able, that all transgressors of the law meet their just deserts; all
of which you promise on your conscience.
OATH OF OFFICE OF VISCOUNT
You swear and promise before God that well and faithfully you will
exercise the office of Viscount under our Sovereign Lady Queen Elizabeth the
Second in this Her Island of Jersey; that you will be faithful and bear true
allegiance to Her Majesty, her heirs and successors, according to law; and that
you will uphold and maintain the laws and usages of this Island ; all of which
you promise on your conscience.
OATH OF OFFICE OF DEPUTY VISCOUNT OR VISCOUNT SUBSTITUTE
You swear and promise before God that well and faithfully you will
exercise the office of Deputy Viscount (Viscount Substitute); that you will be
faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second,
her heirs and successors, according to law; and that you will uphold and
maintain the laws and usages of this Island.
OATH OF OFFICE OF JUDICIAL GREFFIER, DEPUTY OR ACTING JUDICIAL
GREFFIER, OR GREFFIER SUBSTITUTE
You swear and promise before God that well and faithfully you will
exercise the office of Judicial Greffier (Deputy
Judicial Greffier or Acting Judicial Greffier or Greffier Substitute);
that you will be faithful and bear true allegiance to Her Majesty Queen
Elizabeth the Second, her heirs and successors, according to law; and that you
will uphold and maintain the laws and usages of this Island.
OATH OF OFFICE OF THE GREFFIER, DEPUTY GREFFIER OR ACTING GREFFIER
OF THE STATES
You swear and promise before God that well and faithfully you will excercise the office of Greffier
(Deputy Greffier or Acting Greffier)
of the States of Jersey; that you will be faithful and bear true allegiance to
Her Majesty Queen Elizabeth the Second, her heirs and successors, according to
law; and that you will uphold and maintain the laws and usages of this Island.
E.J.M. POTTER,
Deputy Greffier of the States.