Jersey Overseas Aid
Commission (Jersey) Law 2005
A LAW to incorporate the Jersey
Overseas Aid Commission, to abolish the Overseas Aid Committee, and for
connected purposes.
Adopted by the
States 16th March 2005
Sanctioned by
Order of Her Majesty in Council 19th July 2005
Registered by the
Royal Court 19th
August 2005
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law, unless the contrary intention appears –
“commencement day” means the day on which Article 2
comes into force;
“Commission” means the Jersey Overseas Aid Commission
established by Article 2;
“Constitution” means the Constitution of the Commission
as in force from time to time.
2 Jersey
Overseas Aid Commission established
The Jersey Overseas Aid Commission shall be established.
3 Constitution
(1) There
shall be a Constitution in respect of the Commission.
(2) The
Constitution shall be as set out in Schedule 1.
(3) The
States may, by Regulations, amend the Constitution set out in Schedule 1.
(4) The
States may only make Regulations under paragraph (3) if they
have considered a report, provided to them by the
member of the States who is proposing that the Constitution be amended by
Regulations made under that paragraph, setting out –
(a) the
attempts made to ascertain the opinion of the Commission in relation to the
proposed amendment; and
(b) the
opinion, if any, of the Commission in relation to the proposed amendment.
4 Incorporation
(1) The
Commission shall be a body corporate with perpetual succession and may –
(a) sue
and be sued in its corporate name; and
(b) so
far is as possible for a body corporate, exercise the rights, powers and
privileges and incur the liabilities and obligations of a natural person of
full age and capacity.
(2) The
Commission shall have –
(a) the
objects specified in the Constitution;
(b) the
membership specified in the Constitution;
(c) the
functions, powers, duties, rights and responsibilities specified in the
Constitution; and
(d) the
functions, powers, duties, rights and responsibilities assigned to the
Commission by Part 2 of Schedule 2.
5 Schedule
2
(1) Part 1
of Schedule 2 shall have effect for the purpose of establishing the
initial membership of the Commission.
(2) Part 2
of Schedule 2 shall have effect for the purpose of transferring certain
functions, powers, duties and responsibilities to the Commission.
6 Overseas
Aid Committee abolished
The Committee of the States of Jersey known as the Overseas Aid
Committee shall be abolished.
7 Citation
and commencement
(1) This
Law may be cited as the Jersey Overseas Aid Commission (Jersey) Law 2005.
(2) This
Article, Articles 1 and 5(1), and Part 1 of Schedule 2, shall come
into force on the seventh day after this Law is made.
(3) The
remaining provisions of this Law shall come into force on a day to be appointed
by the States.
A.H. HARRIS
Deputy Greffier of the States.
SCHEDULE 1
(Article 3(2))
CONSTITUTION
TABLE OF PROVISIONS
1. Interpretation
2. Incorporation
3. Objects
4. Powers of
Commission
5. Membership
of Commission
6. Vacancy in
office of Commissioner
7. Filling of
vacancies in office of Commissioner
8. Proceedings
of Commission
9. Expenses of Commissioners
10. Appointment
and remuneration of staff and agents
11. Accounts
12. Accountability
to States of Jersey
____________________________
1 Interpretation
1.1. In
this Constitution, unless the context otherwise requires –
“Commission”
means the Jersey Overseas Aid Commission;
“Commissioner”
includes the Chairman of the Commission;
“Law” means the Jersey Overseas Aid
Commission (Jersey) Law 2005;
“overseeing authority” means the Finance
and Economics Committee or another body, or person, designated from time to time by the States.
2 Incorporation
2.1 The Jersey Overseas Aid
Commission is incorporated by the Jersey Overseas Aid Commission (Jersey) Law
2005.
3 Objects
3.1 The objects of the
Commission are to manage and administer the monies voted by the States of
Jersey for overseas aid, so as to enable humanitarian aid to be provided
overseas for the purposes of –
(a) assisting
in the reduction of poverty;
(b) providing
medical and health care and education;
(c) providing
effective education and training;
(d) providing safe drinking
water and food; and
(e) assisting in emergency and
disaster needs, including the subsequent restoration of facilities,
and other purposes, relating to the provision of
humanitarian aid overseas, that the Commission may from time to time consider appropriate.
4 Powers
of Commission
4.1 The
Commission shall have the following powers –
(a) to have and to use a
special seal to certify all acts, contracts, agreements and undertakings;
(b) to take, acquire, hold and
possess all kinds of movable and immovable property, whether in perpetuity or
on lease, to receive, hold and possess all kinds of gifts and legacies of
movable and immovable property which may be made to it and to lease, sell or
otherwise dispose of such property;
(c) to borrow the amounts that
it may from time to time consider necessary or desirable, provided that –
(i) the Commission shall
not, without the prior written
consent of the overseeing authority, borrow an amount which will cause the
total debt of the Commission to be more than £5,000, and
(ii) the Commission shall not, without
the prior written consent of the Treasurer of the States, borrow an amount
which will cause the total debt of the Commission to be more than £500;
and
(d) all
other powers necessary to achieve its objects.
5 Membership
of Commission
5.1 The Commission shall
consist of –
(a) a Chairman;
(b) 2 States Commissioners;
and
(c) 3
Non-States Commissioners.
5.2 A person shall not be
appointed as –
(a) the Chairman or a States
Commissioner unless he or she is an elected member of the States; or
(b) a Non-States Commissioner
unless he or she is not an elected member of the States.
5.3 A person shall not be
appointed as a Commissioner if –
(a) he or she is an employee
or agent of the Commission; or
(b) he or she holds an
honorary office with the Commission.
5.4 For the duration of his or
her appointment each Commissioner shall be an officer of the Commission.
5.5 A person who has been a Commissioner
is eligible for reappointment as a Commissioner.
5.6 The Commissioners shall
appoint a Vice-Chairman from amongst their number.
6 Vacancy
in office of Commissioner
6.1 Subject to paragraph 2
of Part 1 of Schedule 2 of the Law and this clause, the term of
office of the Chairman and the States Commissioners shall expire on the day on
which the States are reconstituted after the next ordinary elections for
Deputies following the appointment of the Chairman and the States Commissioners.
6.2 The Chairman may resign by
giving notice in writing to the Greffier of the States.
6.3 A Commissioner, other than
the Chairman, may resign by giving notice in writing to the Chairman or to another
person whom the Commission may from time to time designate to receive notices
of resignation.
6.4 A
Commissioner shall cease to hold office if –
(a) he
or she becomes bankrupt;
(b) a curator is appointed to
administer the Commissioner’s property and affairs;
(c) the Commissioner appoints
an attorney without whom the Commissioner may not act in matters real and
personal;
(d) he or she is sentenced to
a term of imprisonment by a court of competent jurisdiction;
(e) he or she ceases to be
ordinarily resident in Jersey;
(f) if he or she becomes an
employee or agent of the Commission or becomes the holder of an honorary office
with the Commission;
(g) in the case of a States Commissioner
or the Chairman – he or she ceases to be an elected member of the
States; or
(h) in the case of a Non-States
Commissioner – he or she becomes a member of the States.
7 Filling
of vacancies in office of Commissioner
7.1 If the office of Chairman
becomes vacant the States shall by ballot appoint to be the Chairman an elected
member of the States.
7.2 If the office of a States
Commissioner becomes vacant the States shall, on the recommendation
of the Chairman, appoint a person as a States Commissioner.
7.3 If the office of a
Non-States Commissioner becomes vacant, the Commission shall cause to be
published in the Jersey Gazette a notice stating that the office has become
vacant and inviting persons to nominate themselves for appointment to the
office.
7.4 If the office of a
Non-States Commissioner becomes vacant because the term of the office has
expired, the States shall, on the recommendation of the Chairman,
appoint as a Non-States Commissioner a person who has nominated himself or
herself for appointment to the office.
7.5 A Commissioner appointed
under clause 7.4 holds office for a period of 3 years on and from the date
of his or her appointment.
7.6 If the office of a
Non-States Commissioner becomes vacant otherwise than because the term of the
office has expired, the States shall, on the recommendation of the Chairman,
appoint as a Non-States Commissioner a person who has nominated himself or
herself for appointment to the office.
7.7 The States is not required
to (but may choose to) appoint a Non-States Commissioner under clause 7.6
if the balance of the period of the term of office of the person who last
vacated the office is less than 8 weeks.
7.8 A Commissioner appointed
under clause 7.6 holds office, on and from the date of his or her
appointment, for the balance of the period of the term of office of the person
who last vacated the office.
7.9 In making recommendations
for appointment to the office of Commissioner the Chairman shall use his or her
best endeavours to ensure that the Commissioners shall be a diverse and
balanced group of people in terms of gender, age, experience and skills, who
share a commitment to the promotion of the objects of the Commission.
8 Proceedings
of Commission
8.1 At
a meeting of the Commission –
(a) 4
Commissioners shall form a quorum;
(b) the Chairman, or, in the
absence of the Chairman, the Vice-Chairman, or in the absence of both the
Chairman and the Vice-Chairman, another Commissioner who is present at the
meeting and is elected by the Commissioners present, shall preside;
(c) each Commissioner shall
have one vote on each matter for deliberation; and
(d) if the votes on a matter
are equal, the person presiding over the meeting in accordance with
sub-clause (b) shall have a casting vote in addition to his or her own vote.
8.2 A resolution shall be a
valid resolution of the Commission, even though it was not passed at a meeting
of the Commission, if –
(a) it is
signed or assented to by a majority of the Commissioners; and
(b) proper notice of the
proposed resolution was given to all the Commissioners.
8.3 The Commission shall keep
proper minutes of its proceedings, including minutes of any business transacted
in accordance with paragraph 8.2.
8.4 The Commission shall meet
not less than once every 3 months and otherwise as convened by the Chairman.
8.5 The Chairman –
(a) may
convene a meeting of the Commission of his or her own motion; and
(b) shall
convene a meeting of the Commission if requested to do so by notice in writing
signed by not less than one third of the Commissioners (or the nearest number to
that number, if the number of Commissioners at the material time is not
divisible by 3).
8.6 Subject to this
Constitution, the Commission may regulate its own proceedings (including the
period of notice, which shall not be less than 24 hours, to be given of
any meeting of the Commission) and may adopt, alter, amend or vary rules for
that purpose.
9 Expenses
of Commissioners
9.1 Commissioners may be
reimbursed for all reasonable out-of-pocket or other expenses occasioned in the
course of carrying out their duties.
9.2 Except in accordance with
clause 9.1, a Commissioner shall not be remunerated.
10 Appointment
and remuneration of staff, agents and honorary
officers
10.1 The Commission may employ the persons,
and appoint the agents and honorary officers, that it considers necessary for
carrying out its objects.
10.2 The Commission may make the
arrangements it thinks fit concerning the remuneration, expenses, pensions and
other conditions of the employees, agents and honorary officers of the
Commission.
11 Accounts
11.1 The Commission shall keep accounts in a
form that is acceptable to the overseeing authority.
12 Accountability
to States of Jersey
12.1 The Chairman shall present annually to
the States –
(a) a report of the activities
of the Commission during the previous year; and
(b) the audited accounts for
the previous year.
SCHEDULE 2
(Articles 4 and 5)
TRANSITIONAL PROVISIONS
PART 1 – COMMENCEMENT OF COMMISSION
MEMBERSHIP
1 Interpretation
In this Schedule –
“authorized revenue expenditure” has the meaning it has
in the Public Finances (Administration) (Jersey) Law 1967;[1]
“Committee’s functions” means the functions of the
Overseas Aid Committee in so far as those functions are, on the commencement
day, objects of the Commission that are specified in the Constitution;
“liabilities” means any liabilities, debts, or
obligations, whether present or future and whether vested or contingent;
“rights” means any rights, powers, privileges, or
immunities, whether present or future and whether vested or contingent.
2 Establishment
of initial membership of Commission
(1) The
Greffier of the States shall cause to be published in the Jersey Gazette a
notice stating that the offices of Non-States Commissioners under the
Constitution are required to be filled and inviting persons to nominate
themselves for appointment to those offices.
(2) The
States shall, by ballot, appoint an elected member of the States to be the
Chairman Designate of the Commission on and from the date of the appointment
until the commencement day.
(3) The
States shall, on the recommendation of the Chairman Designate of the
Commission –
(a) appoint
to be States Commissioners for the purposes of the Constitution 2 elected
members of the States; and
(b) appoint
to be Non-States Commissioners for the purposes of the Constitution
3 persons who are not members of the States and who have nominated
themselves for appointment to the office of Non-States Commissioner.
(4) A person
shall not be appointed under sub-paragraph (2) or (3) as the Chairman
Designate of the Commission or a Commissioner if at the time of the appointment
he or she is an employee or agent of, or holds an honorary office with, the
Overseas Aid Committee.
(5) The
States shall appoint under sub-paragraph (3)(b) one of the Non-States
Commissioners for a period of 3 years, one for a period of 2 years
and one for a period of one year.
(6) In making
recommendations for the appointment of Commissioners the Chairman Designate shall
use his or her best endeavours to ensure that the Commissioners shall be a
diverse and balanced group of people in terms of gender, age, experience and
skills, who share a commitment to the promotion of the objects of the
Commission.
(7) On
and from the commencement day, the Chairman Designate shall become the Chairman
of the Commission for the purposes of the Constitution.
(8) The
Chairman, and each States Commissioner, who is appointed under this paragraph,
shall hold office on and from the commencement day until the date on which the States
are first reconstituted after the first ordinary elections for Deputies that
are held after the 2005 elections for Deputies, unless his or her office
becomes vacant earlier under the Constitution.
(9) A
person appointed to be a Non-States Commissioner under sub-paragraph (3)
shall hold office on and from the commencement day for the period specified by
the States under sub-paragraph (5) as his or her period of appointment.
PART 2 – TRANSFER OF COMMITTEE’S FUNCTIONS
3 Construction
and transitional provisions
(1) In an
enactment, a reference to the Overseas Aid Committee in relation to the Committee’s
functions shall be construed as a reference to the Commission.
(2) In
the construction of, and for the purposes of, any enactment, judgment, award, contract, certificate or
other document passed or made before the commencement day,
anything that is, or is to be construed as, a reference to the Overseas Aid
Committee or its officers and relates to the Committee’s functions shall
be construed as a reference to the Commission or its officers.
(3) Nothing
in this Law shall prejudice the operation of any appointment, determination,
direction, instruction, approval, consent, requirement, authorization or other
thing made, given or done by the Overseas Aid Committee in relation to the
Committee’s functions before the commencement day.
(4) A
matter referred to in sub-paragraph (3) shall, if it is in force immediately
before the commencement day, continue in force after the commencement day to
the like extent and subject to the like provisions as if it had been duly made,
given or done by the Commission.
(5) The
rights and liabilities enjoyed or incurred by the Overseas Aid Committee in
connection with the Committee’s functions before the commencement day
shall, after the commencement day, by virtue of this Schedule become the rights
and liabilities of the Commission.
(6) The
operation of sub-paragraph (5) shall not be regarded –
(a) as
a breach of contract or confidence or otherwise as a civil wrong;
(b) as
a breach of any contractual provision prohibiting, restricting or regulating
the assignment or transfer of rights or liabilities; or
(c) as
giving rise to any remedy by a party to a contract or other instrument, as an
event of default under any contract or other instrument or as causing or
permitting the termination of any contract or other instrument or of any
obligation or relationship.
(7) For
the purposes of sub-paragraph (6), to the extent that a contract, or other
instrument, which creates or passes a right or liability of the Overseas Aid
Committee specifies that it is incapable of transfer or assignment, the
contract or instrument shall be of no effect.
(8) Anything
that is, before the commencement day, commenced by or under the authority of
the Overseas Aid Committee may, so far as it relates to the Committee’s functions,
or its rights or liabilities in relation to the Committee’s functions, be
carried on and completed by or under the authority of the Commission on or
after the commencement day.
(9) The
amount, if any, of the authorized revenue expenditure of the Overseas Aid
Committee in relation to the Committee’s functions that has not, on the
commencement day, been expended by the Committee, shall be transferred to the
Commission on the commencement day.
(10) If any
legal proceeding to which the Overseas Aid Committee is a party is pending on
the commencement day and relates to the Committee’s functions, or to the
Committee’s rights or liabilities in relation to the Committee’s
functions, the Commission shall be substituted in the proceeding for the
Overseas Aid Committee and the proceeding shall not abate by reason of the
substitution.