Jersey Law 26/1999
AGE OF MAJORITY (JERSEY) LAW 1999
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A LAW to
reduce the age of majority and to make provision incidental upon and
supplemental thereto; sanctioned by Order of Her Majesty in Council of the
21st day of JULY
1999
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(Registered on the 20th day of August 1999)
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STATES OF JERSEY
____________
The 16th day of March
1999
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THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law –
ARTICLE
1
Interpretation
(1) In
this Law, “commencement date” means the date this Law comes into
force.
(2) A
reference in this Law to an enactment is a reference to that enactment as
amended from time to time.
ARTICLE
2
Reduction in the age of majority
(1) As
from the commencement date, a person shall attain full age on attaining the age
of eighteen years instead of on attaining the age of twenty years.
(2) A
person who, before the commencement date, has attained the age of eighteen
years, but not the age of twenty years, shall attain full age on the
commencement date.
ARTICLE
3
Construction of enactments and instruments
(1) Article
2 of this Law applies for the purposes of any rule of law and, in the absence
of a definition or of any indication of a contrary intention, for the
construction of “full age”, “the age of majority”,
“the age of legal capacity”, “infant”,
“minor” and similar expressions (including such expressions
rendered in the French language) in –
(a) any
enactment, whether passed or made before, on or after the commencement date;
and
(b) any
deed, will or other instrument of whatever nature (not being an enactment) made
on or after the commencement date.
(2) Notwithstanding
any rule of law, a will or codicil executed before the commencement date shall
not be treated for the purposes of this Article as made on or after the
commencement date by reason only that the will or codicil is confirmed by a
codicil executed on or after that date.
ARTICLE
4
Tutelles
(1) As
from the commencement date, a tutelle shall cease to have effect upon the
person subject to it attaining the age of majority.
(2) Where,
before the commencement date, a person subject to a tutelle has attained the
age of eighteen years, the tutelle shall cease to have effect upon the
commencement date.
ARTICLE
5
Marriage of person under the age of majority
For the avoidance of doubt, it is declared that the marriage of a
person who has not attained the age of majority does not confer full legal
capacity on him.
ARTICLE
6
Extension of powers under Children (Jersey) Law 1969
In the Children (Jersey) Law 1969 –
(a) in
the long title, after the words
“protection of children,” there shall be added the words “to
enable support and assistance to be provided to certain young persons,”;
(b) in
Article 1, in paragraph (1), after the definition of
“voluntary home” there shall be added the following definition
–
“ ‘young person’ means a person who has attained
the age of majority but has not attained the age of twenty-one years;”;
(c) at
the end of the heading to Part X there
shall be added the words “AND ASSISTANCE FOR YOUNG PERSONS”;
(d) at
the end of Article 884
there shall be added the words “and the powers of the Committee in
relation to young persons previously in its care”; and
(e) after
Article 91 there shall be added the following Article –
“ARTICLE 91A
POWER TO ASSIST YOUNG PERSONS PREVIOUSLY
IN CARE
The Committee may provide support and assistance, in such manner as
it thinks fit, to a young person who, before attaining the age of majority, was
committed to or received into its care under this Law where it appears to the
Committee to be desirable to do so, in the interests of the welfare of the
young person.”.
ARTICLE
7
Consequential amendments of other enactments and transitional
arrangements
(1) Part
I of the Schedule to this Law shall have effect for the purpose of amending the
enactments specified in it in the manner specified.
(2) Part
II of the Schedule to this Law shall have effect for the purpose of making
transitional arrangements.
ARTICLE
8
Short title and commencement
(1) This
Law may be cited as the Age of Majority (Jersey) Law 1999.
(2) This
Law shall come into force on such day as the States may by Act appoint.
G.H.C. COPPOCK
Greffier of the States.
SCHEDULE
CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL ARRANGEMENTS
(Article 7)
PART I
CONSEQUENTIAL AMENDMENTS OF OTHER
ENACTMENTS
(Article 7(1))
Loi (1925)
étendant les droits de la femme mariée
1. Article
4 of the Loi (1925) étendant les droits de la femme mariée is hereby revoked.
Adoption (Jersey) Law 1961
2. In
the Adoption (Jersey) Law 1961 –
(a) in
Article 1, in paragraph (1), in the definition of
“infant”, for the words “twenty years of age” there
shall be substituted the words “the age of majority”; and
(b) in
Article 23, in paragraph (3), for the words
“or on his attaining the age of eighteen years, whichever first
occurs” there shall be substituted the words “or, if none is made,
on his attaining the age of majority”.
Marriage of Infants (Jersey) Law 1961
3. In
the Marriage of Infants (Jersey) Law 1961 –
(a) in
Article 1,9
in the definition of “infant”, for the words “the age of
twenty years” there shall be substituted the words “the age of
majority”;
(b) in
the heading to Article 2, for the
words “THE AGE OF TWENTY YEARS” there shall be substituted the
words “THE AGE OF MAJORITY”.
Children (Jersey) Law 1969
4. In
the Children (Jersey) Law 1969 –
(a) in
Article 1, in paragraph (1), for the
definition of “child” there shall be substituted the following
definition –
“ ‘child’, where used without qualification and
except in Articles 50 and 52 and Parts VI and XI of this Law, means a person
under the age of majority;”;
(b) in
Article 28, in sub-paragraph (d) of
paragraph (1), after the words “not exceeding three years” there
shall be inserted the words “and expiring on or before his attaining the
age of majority”;
(c) in
Article 29, in paragraph (1), the words
“and he is under the age of eighteen years” shall be deleted;
(d) in
Article 3012
–
(i) in
paragraph (3), for the words “the age of twenty years” there shall
be substituted the words “the age of majority”, and
(ii) in sub-paragraph (d) of
paragraph (9), after the words “not exceeding three years” there
shall be inserted the words “and expiring on or before his attaining the
age of majority”;
(e) in
Article 53, in paragraph (4), for the words
“the age of twenty years” there shall be substituted the words
“the age of majority”;
(f) in
Article 66, in paragraph (b) for the words
“the age of eighteen years” there shall be substituted the words
“the age of majority”;
(g) in
Article 82, in paragraph (2), for the words
“the age of twenty years” there shall be substituted the words
“the age of majority”; and
(h) in
Article 85, in paragraph (1), for the words
“the age of twenty years” there shall be substituted the words
“the age of majority”.
Consent to Medical Treatment (Jersey) Law 1973
5. In
Article 1 of the Consent to Treatment (Jersey) Law 1973, in paragraph (1), for the words “twenty
years of age” and the words “the age of twenty years” there
shall be substituted the words “the age of majority”.
Criminal Justice (Young Offenders) (Jersey) Law 1994
6. In
Article 1 of the Criminal Justice (Young Offenders) (Jersey) Law 1994, in paragraph (1), in the definition of
“guardian”, for the words “the age of twenty” there
shall be substituted the words “the age of majority”.
PART II
TRANSITIONAL ARRANGEMENTS
(Article 7(2))
Adoption (Jersey) Law 1961
7.-(1) Where,
immediately before the commencement date, there is in force an interim order in
respect of a person to whom paragraph (2) of Article 2 of this Law applies, the
interim order shall cease to have effect on the commencement date.
(2) Where,
on the commencement date, there is in force an interim order in respect of a
person under the age of majority but who will attain that age within the period
for which the order has effect, the order shall be deemed to have been made for
a period expiring on the date the person attains the age of majority.
(3) In
this paragraph, “interim order” means an order made under Article 9
of the Adoption (Jersey) Law 1961.
Children (Jersey) Law 1969
8.-(1) Where,
immediately before the commencement date, there is in force a supervision order
or an interim order in respect of a person to whom paragraph (2) of Article 2
of this Law applies, the order shall cease to have effect on the commencement
date.
(2) Where,
on the commencement date, there is in force a supervision order or an interim
order in respect of a person under the age of majority but who will attain that
age within the period for which the order has effect, the order shall be deemed
to have been made for a period expiring on the date the person attains the age
of majority.
(3) In
this paragraph –
“supervision order” means an order made under
sub-paragraph (d) of paragraph (1) of Article 28 or sub-paragraph (d) of
paragraph (9) of Article 30 of the Children (Jersey) Law 1969; and
“interim order” means an order made under paragraph (4)
of Article 28 of that Law.