Employment of
States of Jersey Employees (Jersey) Law 2005
A LAW relating to the establishment
of the States Employment Board, the employment under contract of persons by
that Board on behalf of the States or an administration of the States, the
determination by the Board of the terms and conditions of such contracts of
employment, the establishment of the Appointments Commission to oversee the
appointment of persons to significant public positions and determine procedures
for the appointment of States’ employees and certain persons employed by
other persons on behalf of the States, to amend various enactments and for
connected purposes.
Adopted by the
States 6th July 2005
Sanctioned by
Order of Her Majesty in Council 12th October 2005
Registered by the
Royal Court 21st
October 2005
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
PART 1
PRELIMINARY MATTERS
1 Interpretation
In this Law, unless the context otherwise requires –
“administration of the States” means –
(a) a
department established on behalf of the States; and
(b) a body, office, or unit of administration,
established on behalf of the States (including under an enactment), other than
an independent body;
“Chief Executive Officer” has the meaning assigned by
Article 3;
“Commission” means the Jersey Appointments Commission
established by Article 17;
“Commissioner” means a person appointed under Article 18
to be a Commissioner and includes the Chairman of the Commission appointed
under that Article;
“contract of employment” includes a contract of
apprenticeship;
“independent body” means a body, office, or unit of
administration –
(a) that is established on behalf of the States
(including under an enactment); and
(b) in relation to which a person or body other than the States Employment
Board employs under a contract of employment the staff of the body, office or
unit;
“member” in relation to the States Employment Board,
means a person appointed under Article 5(1)(b) to be a member of the Board
and includes –
(a) the
Chief Minister; or
(b) if the Chief Minister nominates a person
under Article 5(1)(a) to be a member of the Board in the Chief
Minister’s place – that person;
“public service” means the service consisting of
States’ employees;
“recruitment” includes, but is not limited to
including –
(a) the
determination of the duties, responsibilities and pre-requisites for employment
as the holder of an office;
(b) the
determination of the publications in which advertisements seeking applications
for employment as the holder of an office are to be placed or
other methods by which applicants for such employment are to be sought, and the
timing of placement in such publications or the use of such methods;
(c) the
timing and conduct of interviews of prospective candidates for employment as
the holder of an office; and
(d) the
selection of a person to be employed as the holder of an office;
“senior States’
office” means an office that is prescribed or determined under Article
16(1) or (2);
“States’ employee” has the meaning assigned by
Article 2.
2 Meaning
of “States’ employee”
(1) In
this Law, unless the context otherwise requires, “States’
employee” means –
(a) a
person who is employed under a contract of employment made between the person
and the States Employment Board; and
(b) a
person who is within a class of persons prescribed under paragraph (2),
but does not include a person who is within a class of persons prescribed
under paragraph (3).
(2) The
Chief Minister may prescribe by Order a class of persons to be States’
employees for the purposes of this Law.
(3) The
Chief Minister may prescribe by Order a class of persons to not be
States’ employees for the purposes of this Law.
(4) A
person shall not be a States’ employee for the purposes of this Law if he
or she is –
(a) the
holder of an office specified in the Schedule;
(b) appointed
by the Crown;
(c) a
member of the States of Jersey Police Force; or
(d) otherwise
an officer of the Crown.
3 Chief
Executive Officer
(1) There shall be a Chief
Executive Officer.
(2) The
Chief Executive Officer
shall be the person employed under this Law as the Chief
Executive to the Council of Ministers and Head of the Public Service.
(3) The Chief Executive
Officer shall be responsible for the administration and general management of
the public service.
PART 2
STATES EMPLOYMENT BOARD
4 States
Employment Board
(1) The
States Employment Board shall be established.
(2) The
States Employment Board 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.
5 Membership
of States Employment Board
(1) The
States Employment Board shall be constituted by –
(a) the
Chief Minister or a member of the Council of
Ministers who is nominated by the Chief Minister to be a member of the Board in
his or her place; and
(b) not
less than 2 other members of the Council of Ministers who are appointed in
writing by the Council of Ministers to be members of the Board.
(2) The
Chief Minister or, if the Chief Minister
nominates a person under paragraph (1) to be a member of the Board in his
or her place, that person,
shall be the Chairman of the States Employment Board.
6 Meetings
of States Employment Board
(1) At
a meeting of the States Employment Board –
(a) the
States Employment Board may appoint a person to be the Vice-Chairman;
(b) the
quorum of the States Employment Board shall be constituted by half of its
members or if the number of its members is 3, 5, 7 or 9, shall be constituted
by 3, 3, 4 or 5 members respectively;
(c) 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 member of the
States Employment Board who is present at the meeting and is elected by the
members of the States Employment Board who are present, shall preside;
(d) each
member shall have one vote on each matter for deliberation;
(e) a
decision shall be made by a majority of the votes of the members of the States
Employment Board present at the meeting at which the decision is made; and
(f) if
the votes on a matter are equal, the person presiding over the meeting in accordance with sub-paragraph (c)
shall have a casting vote in addition to his or her own vote.
(2) A
resolution shall be a valid resolution of the States Employment Board, even
though it was not passed at a meeting of the States Employment Board, if –
(a) it
is signed or assented to by a majority of the members of the States Employment
Board; and
(b) notice
of the proposed resolution was given in accordance with paragraph (6) to
all the members of the States Employment Board.
(3) The
States Employment Board shall keep minutes of its proceedings.
(4) The
States Employment Board shall meet when convened by the Chairman.
(5) The
Chairman –
(a) may
convene a meeting of the States Employment Board of his or her own motion; and
(b) shall
convene a meeting of the States Employment Board if requested to do so by
notice in writing signed by at least one of the members of the States
Employment Board.
(6) Subject
to this Law, the States Employment Board may regulate its own proceedings
(including the period of notice to be given of any meeting of the Board) and may
adopt or amend rules for that purpose.
(7) The
States Employment Board may invite any person to attend, and to speak at, a
meeting of the States Employment Board.
7 Liability
(1) No
person to whom this Article applies shall be liable in damages for anything
done or omitted in the discharge of any functions under this Law, unless the
act or omission was in bad faith.
(2) This
Article applies to the States Employment Board, any member of the States
Employment Board, or any person who is under this Law a delegate of the States
Employment Board or the Chief Executive Officer or otherwise acting with the
authority of the States Employment Board.
part 3
EMPLOYMENT OF MEMBERS OF PUBLIC SERVICE
8 Functions
of States Employment Board
(1) The
States Employment Board shall have the following functions –
(a) to
determine policy relating to the employment of, and the terms and conditions of
employment of, States’ employees, other than procedures for recruitment
of States’ employees;
(b) to
ensure that the public service conducts itself with economy, efficiency,
probity and effectiveness; and
(c) to
ensure the health, safety and well-being of States’ employees.
(2) The
States Employment Board shall also have the following functions –
(a) to
employ persons on behalf of the States and administrations of the States;
(b) where appropriate, to
consult or negotiate with States’ employees, or representatives of States’ employees,
collective agreements as to the terms and conditions of employment of
States’ employees;
(c) to determine
the employee training and development needs of States’ employees and
appropriate procedures for appraisal and transfer of States’ employees;
(d) to
discipline, suspend, or terminate the employment of, States’ employees;
(e) to
determine salaries, allowances, pensions and gratuities as required under the
Departments of the Judiciary and the Legislature (Jersey) Law 1965;[1]
(f) to
determine other matters that may reasonably be considered necessary for the
proper administration and management of States’ employees;
(g) any
other function conferred on it by or under an enactment.
9 Powers
of States Employment Board
(1) The
States Employment Board has the powers necessary to perform its functions.
(2) Without
limiting the generality of paragraph (1), the States Employment Board has
the power to enter into contracts of employment of persons and to enter into
contracts for the provision of services, including by consultants.
10 Delegation
(1) The
States Employment Board may, by instrument in writing, delegate to any of its
members, or to the Chief Executive Officer, any of its powers or functions
under this Law.
(2) If a power or function
has been delegated under paragraph (1) to a member of the States
Employment Board, the member may, with the approval of the States Employment
Board, delegate by instrument in writing the power or function to the
Chief Executive Officer.
(3) If
a power or function has been delegated under paragraph (1) or (2) to the
Chief Executive Officer, he or she may, with the approval of the States
Employment Board, delegate by instrument in writing the power or function
to another person who is –
(a) a
person approved by the States Employment Board; or
(b) a
member of a class of persons approved by the States Employment Board.
11 Annual
Report
The States Employment Board shall provide to the States, within 3 months
after the end of each calendar year, a report in respect of the States
Employment Board’s activities under this Law during the year.
12 Only
States Employment Board to employ persons on behalf of States
(1) Subject
to any other enactment, whether in force before or after this Law comes into
force, no person or body other than the States Employment Board may enter into
contracts of employment with persons on behalf of the States or an
administration of the States.
(2) The
States may, by Regulation, specify that paragraph (1) shall not apply in
relation to the employment of a person or persons to an office, or a class of
offices, prescribed by the Regulation.
13 Statutory
offices
Nothing in this Law apart from Part 5 shall be taken to affect
a power, if any, under an enactment of the States to appoint a person to an
office or to terminate under such an enactment the appointment of a person to
an office, including but not limited to an office specified in the Schedule.
PART 4
JERSEY APPOINTMENTS COMMISSION
Application of Part
14 Interpretation
In this Part –
“former Appointments Commission” means the Appointments
Commission established by Act of the States on 28th May 2002;
“States’
employee” includes the holder of an office that is prescribed under
Article 15 for the purposes of this Part.
15 This
Part may be extended to apply to independent bodies
The States may, by
Regulation, prescribe to be States’ employees for the purposes of this
Part the holders from time to time of prescribed offices, or prescribed classes
of offices, who are employed under contracts of employment by independent
bodies and who would not otherwise be States’ employees for the purposes
of this Part.
16 Senior
States’ offices
(1) The
States may prescribe, by Regulation, the offices of States’ employees, or
the classes of offices of States’ employees, that are to be senior
States’ offices for the purposes of this Part.
(2) The
Commission may, in writing, determine the offices of States’ employees,
or the classes of offices of States’ employees, that are to be senior
States’ offices for the purposes of this Part, in addition to the offices
or classes, if any, prescribed under paragraph (1).
Establishment of Jersey Appointments
Commission
17 Jersey
Appointments Commission established
(1) The
Jersey Appointments Commission shall be established.
(2) The
Commission shall consist of –
(a) a
Chairman; and
(b) not
more than 4 other Commissioners,
appointed under Article 18.
(3) The
former Appointments Commission shall cease to exist on and from the date on
which this Article comes into force.
18 Membership
of Commission
(1) Commissioners
shall be appointed by the States on the recommendation of the Chief Minister.
(2) The
Chief Minister may only recommend a person under paragraph (1) with the
approval of the States Employment Board.
(3) The
States Employment Board may only approve a person for the purposes of
paragraph (2) if it is of the opinion that the person has expertise and
experience in –
(a) recruitment
within the public or private sectors;
(b) management
at a senior level in the public, private, academic or voluntary sectors; or
(c) other
matters relevant to the powers and functions of a Commissioner.
(4) Subject
to this Article and Article 19, the Chairman shall hold office for 4 years
but may be re-appointed.
(5) A
Commissioner (other than the Chairman) shall hold office, subject to this Law,
for the period of not more than 4 years that is specified in his or her
instrument of appointment, but may be re-appointed.
(6) A
person shall not be appointed to be a Commissioner if he or she is a
States’ employee or a member of, or an employee of, the States, an
administration of the States or an independent body.
(7) A
person shall not be re-appointed as a Commissioner if the re-appointment would
have the effect that he or she would be a Commissioner for more than 8
consecutive years, unless he or she is the Chairman during the subsequent years
for which he or she would be re-appointed.
(8) A
person shall not be appointed to be the Chairman for more than 8 consecutive
years.
(9) For
the purposes of paragraphs (7) and (8), any period before the commencement of
this Law during which a person was a Commissioner, or the Chairman, of the
former Appointments Commission shall be taken to be a period of appointment as
a Commissioner, or the Chairman, as the case may be, under this Law.
(10) A
Commissioner shall be appointed on the terms and conditions specified by the
States Employment Board.
(11) The
remuneration of a Commissioner shall not be reduced during the period of his or
her appointment.
(12) No term
or condition of the appointment of a Commissioner shall be altered during the
period of the appointment without the agreement of the Commissioner.
19 Removal
from office of member of Commission
(1) The
States may dismiss a Commissioner on the grounds it thinks fit.
(2) The
Commission may notify the Chief Minister that it is of the opinion that the
States should dismiss a Commissioner because –
(a) the
Commissioner, without reasonable cause and without giving reasonable notice to
the Commission, failed to attend 3 consecutive meetings of the Commission;
(b) the
Commission is of the opinion that the Commissioner is incompetent or incapable
of carrying out the Commissioner’s functions under this Law; or
(c) the
Commission is of the opinion, on reasonable grounds, that the Commissioner is
not capable of exercising independent judgment in relation to the appointment of
States’ employees.
(3) The
Chief Minister shall inform the States of an opinion of which he or she has
been notified under paragraph (2).
(4) A
person shall cease to hold the office of Commissioner if he or she becomes a
States’ employee or a member of, or an employee of, the States, an
administration of the States or an independent body.
(5) A
Commissioner may, by notice in writing to the Chief Minister, resign as a
Commissioner.
20 Deputy
Chairman and Secretary and Executive Officer of Commission
(1) The
Commission shall appoint one of its members to be the Deputy Chairman, to act
as the Chairman in the absence of the Chairman.
(2) The
Commission shall appoint a person to be the Secretary and Executive Officer of
the Commission.
21 Meetings of the Commission
(1) The
Commission shall meet at least 4 times each year.
(2) At
a meeting of the Commission –
(a) the
quorum shall be constituted by 3 Commissioners;
(b) one
of the Commissioners at the meeting shall be –
(i) the Chairman,
(ii) in the absence of
the Chairman, the Deputy Chairman, or
(iii) in the absence of the
Chairman and the Deputy Chairman, a person nominated at the meeting to carry
out the functions of the Chairman at the meeting;
(c) the
Chairman, or, in the absence of the Chairman, the Deputy-Chairman, or in the
absence of both the Chairman and the Deputy-Chairman, the person nominated
under sub-paragraph (b)(iii), shall preside;
(d) each
Commissioner shall have one vote on each matter for deliberation;
(e) a
decision of the Commission shall be made by a majority of the votes of the
Commissioners present at the meeting at which the decision is made; and
(f) if
the votes on a matter are equal, the person presiding over the meeting in accordance with sub-paragraph (c)
shall have a casting vote in addition to his or her own vote.
(3) A
decision under paragraph (2) at a meeting is of no effect unless each
Commissioner was given at least 24 hours prior notice of the meeting of
the Commission or all the Commissioners are present at the meeting.
(4) The
Commission may invite any person to attend at, and to speak at, a meeting of
the Commission.
22 Minutes
of meetings of the Commission
(1) The
Secretary and Executive Officer of the Commission shall prepare draft minutes
of each meeting of the Commission and ensure they are laid before the
Commission at its next meeting.
(2) The
Commission shall, at the next meeting of the Commission, adopt minutes of the
previous meeting.
(3) The
Secretary and Executive Officer of the Commission shall retain copies of minutes
adopted under paragraph (2) and ensure that the minutes may be examined,
on demand, by a Commissioner.
Powers and function of Commission
23 Function of Commission
The function of the Commission is to oversee the recruitment of
States’ employees so as to ensure that, as far as practicable –
(a) the
recruitment of persons as States’ employees is fair, efficient and
conducted in accordance with best practice principles and procedures;
(b) States’
employees are appointed on merit; and
(c) members
of the States are only involved in the recruitment of States’ employees
in accordance with guidelines made under Article 24 or otherwise in
circumstances where, in the opinion of the Commission, it is appropriate that
they be involved.
24 Guidelines
(1) The
Commission shall from time to time produce and review guidelines that are to
apply in relation to the recruitment of States’ employees.
(2) Guidelines
produced under paragraph (1) shall contain details as to –
(a) how
recruitment of States’ employees is to be performed;
(b) the
grounds on which States’ employees are to be selected; and
(c) the
circumstances in which a member of the States may be involved in the
recruitment of States’ employees.
(3) The
Commission shall ensure that guidelines produced under paragraph (1) are
available for viewing by any person.
(4) The
Commission shall take all reasonable steps to ensure that guidelines produced
under paragraph (1) are followed in relation to the recruitment of
States’ employees.
25 Audit
of recruitment practices
(1) The
Commission may carry out, or order to be carried out, an audit of the recruitment
practices in relation to –
(a) States’
employees of an administration of the States; or
(b) States’
employees of an independent body.
(2) The
Commission may require a person to provide information to the Commission, or to
another person, carrying out an audit under paragraph (1).
(3) The
Commission shall, within 3 months of the completion of an audit under
paragraph (1) in relation to a States’ employee of an administration
of the States, produce a report in relation to the audit and provide a copy of
the report to –
(a) the
States Employment Board;
(b) the
Chief Executive Officer; and
(c) the head of the
administration of the States.
(4) The
Commission shall, within 3 months of the completion of an audit under
paragraph (1) in relation to States’ employees of an independent
body, produce a report in relation to the audit and provide a copy of the
report –
(a) to the head
of the independent body to which the audit relates; and
(b) if an administration of
the States is accountable to the States in relation to the independent
body – to the head of the administration of the States.
(5) A
report under paragraph (3) or (4) may contain recommendations arising from
the audit conducted under paragraph (1) to which the report relates.
(6) A
person who fails, without reasonable excuse, to comply with a requirement under
paragraph (2) commits an offence and shall be liable to a penalty of level
2 on the standard scale.
26 Recruitment
of persons to senior States’ offices
(1) The
Commission may give a notice in writing under this paragraph to –
(a) the Chief Executive
Officer;
(b) the head of an administration
of the States; or
(c) the head of an
independent body.
(2) A notice under
paragraph (1) shall require the person to whom it is given to give, to a person nominated by the Commission in the notice to be an
observer, 14 days notice before the commencement of recruitment of a person to be
employed as the holder of –
(a) a
senior States’ office; or
(b) an
office that is a member of a class of senior States’ offices.
(3) The
head of an administration of the States, or of an independent body, to whom a notice
is given under paragraph (1) shall, unless otherwise advised by the Commission,
ensure that the person nominated in the notice to be an observer is informed of
any meeting taking place relating to the recruitment of a person to be employed
as the holder of a senior States’ office to which the notice relates.
(4) A
person nominated by the Commission in a notice under paragraph (1) to be
an observer is entitled to attend any meeting that takes place relating to the
recruitment of a person to be employed as the holder of a senior States’
office to which the notice relates.
(5) In
this paragraph, “meeting” includes, but is not limited to
including –
(a) a
meeting at which persons decide who is to be interviewed or who is to be
employed as the holder of an office; and
(b) a
meeting at which a candidate for employment as the holder of an office is
interviewed or assessed following an interview.
27 Report to be made to States Employment Board in certain
circumstances
(1) The
Commission shall produce a report, and provide a copy of the report to the
States Employment Board, if the Commission is not satisfied that –
(a) the
recruitment of a States’ employee was in accordance with the principles
set out in Article 23; or
(b) Article
26 has been complied with.
(2) A
report under paragraph (1) shall set out the reasons why the Commission is
dissatisfied and the facts on which those reasons are based.
28 Reports
(1) The
States may direct the Commission –
(a) to
prepare a report in relation to a matter specified in the direction within the
period specified in the direction; or
(b) to
include in a report for the purposes of paragraph (4) a report in relation
to a matter specified in the direction.
(2) The
Commission shall comply with a direction under paragraph (1).
(3) A
report prepared in accordance with a direction under paragraph (1)(a)
shall be delivered to the States Employment Board.
(4) The
Commission shall, within 3 months after the end of each calendar year, prepare
and deliver to the States Employment Board, a report on –
(a) the
Commission’s activities during that calendar year;
(b) any
matter in relation to which a report has been given under Article 25 or 27
during that calendar year;
(c) any
matter specified in a direction under paragraph (1)(b) to be a matter that
is to be included in the Commission’s report for that calendar year; and
(d) other
matters the Commission thinks fit.
(5) The
Chief Minister shall, within 30 days after a report is delivered to the
States Employment Board in accordance with paragraph (3) or (4), lay the
report before the States.
29 States
may direct Commission
(1) The
States may direct the Commission to carry out under this Part any of its
functions, or exercise any of its powers, in relation to –
(a) an
administration of the States specified by the States in the direction; or
(b) an
independent body.
(2) A
direction under paragraph (1) may specify the action that the Commission
shall take under this Law.
(3) The
Commission shall comply with a direction of the States under
paragraph (1).
PART 5
AMENDMENTS TO
OTHER ENACTMENTS
30 Amendment of
Loi (1937) sur l’atténuation des peines et sur la mise en
liberté surveillée
In Article 7 of the Loi (1937) sur
l’atténuation des peines et sur la mise en liberté
surveillée for paragraphs (4), (5) and (6) there shall be substituted
the following paragraphs –
“(4) Un
délégué aura la qualité d’employé des
Etats (‘States’ employee’) dans le sens de
l’Article 1 de la Loi dite Employment of States of Jersey Employees
(Jersey) Law 200-.
(5) Nonobstant qu’il
est un employé des Etats, un délégué ne pourra être suspendu de son emploi que
par Monsieur le Bailli et ne pourra être
destitué de son emploi que par une décision du Nombre
Supérieur de la Cour Royale.
(6) Ni –
(a) le
Directeur Exécutif; ni
(b) le
Conseil de l’Emploi des Etats; ni
(c) un
Ministre; ni
(d) une
personne agissant de la part d’aucun d’iceux,
ne
pourra diriger en aucune façon l’exécution des devoirs
d’un délégué.”.
31 Amendment of
Aerodromes (Administration) (Jersey) Law 1952
(1) In
this Article, any reference to a provision is a reference to the provision in
the Aerodromes (Administration) (Jersey) Law 1952.[2]
(2) In
Article 1 –
(a) for
the definition “Airport Director” there shall be substituted the
following definition –
“ ‘Airport
Director’ means the person who is, under Article 2, the Airport Director;”;
(b) for
the definition “Harbour Master” there shall be substituted the
following definition –
“ ‘Harbour
Master’ has the meaning it has in the Harbours (Administration) (Jersey)
Law 1961[3] and includes a person acting
under that Law as the Harbour Master;”.
(3) For
Article 2 there shall be substituted the following Article –
(1) There shall be an Airport Director.
(2) The Airport Director shall be the person
employed under the Employment of States of Jersey Employees (Jersey) Law 200-
as the Airport Director.
(3) The Airport Director shall –
(a) police, control and administer the
aerodromes in Jersey; and
(b) perform any other duties he or she is
directed to perform in relation to air navigation by the Minister.
(4) The States Employment Board within the
meaning of the Employment of States of Jersey Employees (Jersey) Law 200- may
appoint a States’ employee within the meaning of that Law to act as the
Airport Director during any time when the Airport Director is not on duty, is absent
from Jersey or is
suspended from the office of Airport Director or there is a
vacancy in the office of the Airport Director.
(5) A person appointed under paragraph (4)
has, while acting as the Airport Director, the powers and functions of the Airport
Director under this or any other enactment.
(6) The Airport Director shall, on or as soon as
practicable after becoming Airport Director, take oath before the Royal Court
to well and faithfully discharge his or her duties as Airport Director.
(7) A person appointed under paragraph (4) to
act as the Airport Director shall, on or as soon as practicable after being so
appointed, take oath before the Royal Court to well and faithfully discharge
the duties of the Airport Director while acting as the Airport
Director.”.
32 Amendment of Prison (Jersey) Law 1957
(1) In
this Article, any reference to a provision is a reference to the provision in
the Prison (Jersey) Law 1957.[4]
(2) In
Article 1(1) –
(a) after
the definition “attendance centre order” there shall be inserted
the following definition –
“ ‘Governor’
means the person employed under the Employment of States of Jersey Employees
(Jersey) Law 200- as the Governor for the purposes of this Law;”;
(b) after
the definition “prisoner” there shall be inserted the following
definition –
“ ‘prison
officer’ means a person employed under the Employment of States of Jersey
Employees (Jersey) Law 200- as a prison officer for the purposes of this
Law;”.
(3) In
Article 3(1), after the word “contracts” there shall be
inserted the words “, other than contracts of employment,”.
(4) For
Article 7 there shall be substituted the following Article –
“7 Chaplain
and medical officer
The Minister for Home Affairs shall appoint for the
prison –
(a) a
chaplain who is a clergyman of the Church of England; and
(b) a medical officer who shall be a
doctor.”.
33 Amendment of Fire
Service (Jersey) Law 1959
(1) In
this Article, any reference to a provision is a reference to the provision in
the Fire Service (Jersey) Law 1959.[5]
(2) In
Article 1, for the definition “Chief Officer” there shall be
substituted the following definition –
“ ‘Chief
Officer’ means the person who is, under Article 2A, the Chief Officer
of the Fire Service;”.
(3) In
Article 2, paragraphs (2) and (3) shall be deleted.
(4) After
Article 2 there shall be inserted the following Articles –
(1) There shall be a Chief Officer of the Fire
Service.
(2) The Chief Officer shall be the person
employed under the Employment of States of Jersey Employees (Jersey) Law 200-
as the Chief Officer of the Fire Service.
(1) The Minister may appoint a States’
employee within the meaning of the Employment of States of Jersey Employees
(Jersey) Law 200- to act as the Chief Officer during any time when the Chief
Officer is not on duty, is absent from Jersey or is suspended from the office
of Chief Officer or there is a vacancy in the office of the Chief Officer.
(2) A person appointed under paragraph (1) has, while acting as the Chief Officer,
all the powers and functions of the Chief
Officer under this or any other enactment.
Persons, other than the Chief
Officer, who are employed under the Employment of States of Jersey Employees
(Jersey) Law 200- as members of the Fire Service shall be fire service officers
for the purposes of this Law.”.
34 Amendment of
Harbours (Administration) (Jersey) Law 1961
(1) In
this Article, any reference to a provision is a reference to the provision in
the Harbours (Administration) (Jersey) Law 1961.[6]
(2) In
Article 1 –
(a) for
the definition “Harbour Master” there shall be substituted the
following definition –
“ ‘Harbour
Master’ means the person who is, under Article 2, the Harbour
Master;”;
(b) for
the definition “officer” there shall be substituted the following
definition –
“ ‘officer’
means a States’ employee within the meaning of the Employment of States
of Jersey Employees (Jersey) Law 200-;”.
(3) For
Article 2 there shall be substituted the following Articles –
(1) There shall be a Harbour Master.
(2) The Harbour Master shall be the person
employed under the Employment of States of Jersey Employees (Jersey) Law 200- as the Harbour Master.
(3) The Harbour Master shall be responsible
for –
(a) the policing, operational control and safety
of the harbours and territorial waters of Jersey; and
(b) such other matters as the Minister entrusts
to the Harbour Master for the carrying into effect of any legislation that is
in force from time to time relating to shipping and sea navigation.
(1) The States
Employment Board within the meaning of the Employment of States of Jersey
Employees (Jersey) Law 200- may appoint one or more employees within the
meaning of that Law to act as the Harbour Master –
(a) in relation to matters in respect of which
the Harbour Master has directed the employee to act as the Harbour Master,
whether the matters arise in relation to this Law or any other Law; and
(b) during any time when the Harbour Master is
not on duty, is absent from Jersey or is suspended from the office of Harbour
Master or there is a vacancy in the office of the Harbour Master.
(2) A person appointed under paragraph (1)
has, during the period of his or her appointment –
(a) while acting as the Harbour Master under
paragraph (1)(a), the powers and functions of the Harbour Master under
this or any other enactment in relation to matters in respect of which the
Harbour Master has directed the employee to act as the Harbour Master; and
(b) while acting as the Harbour Master under
paragraph (1)(b), the powers and functions of the Harbour Master under
this or any other enactment.
(1) The Harbour Master shall, on or as soon as
practicable after becoming Harbour Master, take oath before the Royal Court to
well and faithfully discharge his or her duties as Harbour Master.
(2) A person appointed under Article 2A to act
as the Harbour Master shall, on or as soon as practicable after being so
appointed, take oath before the Royal Court to well and faithfully discharge,
while acting as the Harbour Master, his or her duties as the Harbour Master
under that Article.”.
35 Amendment
of the Departments of the Judiciary and the Legislature (Jersey) Law 1965
(1) In
this Article, any reference to a provision is a reference to the provision in
the Departments of the Judiciary and the Legislature (Jersey) Law 1965.[7]
(2) In
Article 1 –
(a) in
paragraph (1) for the words “officers (within the meaning of the
Civil Service Administration (Jersey) Law 1953, as amended)” there shall be
substituted the words “officers who shall be persons who are
States’ employees within the meaning of the Employment of States of
Jersey Employees (Jersey) Law 200-”;
(b) for
paragraph (2) there shall be substituted the following paragraphs –
“(2) An officer shall not be
appointed under paragraph (1) to the Bailiff’s Department, the Law
Officers Department, the Viscount’s Department or the Judicial Greffe,
except with the consent of the Bailiff, the Attorney General, the Viscount or
the Judicial Greffier, respectively.
(2A) An officer who is appointed under paragraph (1) to
the Bailiff’s Department, the Law Officers Department, the
Viscount’s Department or the Judicial Greffe –
(a) shall not have that appointment suspended or
terminated; and
(b) while so appointed shall not have his or her
employment by the States Employment Board suspended or terminated,
except with the consent of
the Bailiff, the Attorney General, the Viscount or the Judicial Greffier,
respectively.
(2B) An officer who is appointed under paragraph (1) to
the Bailiff’s Department, the Law Officers Department, the
Viscount’s Department or the Judicial Greffe shall not be directed or
supervised in the discharge of his or her duties as such an officer by the
Chief Executive Officer, the States Employment Board, a Minister or a person
acting on behalf of such a person.”.
(3) In
Article 8(1), for the words “by the Policy and Resources
Committee” there shall be substituted the words “by the States
Employment Board”.
36 Amendment of
Education (Jersey) Law 1999
(1) In
this Article, any reference to a provision is a reference to the provision in
the Education (Jersey) Law 1999.[8]
(2) In
Article 1(1), there shall be inserted before the definition of “child”
the following definition –
“ ‘Chief
Officer’ means the person employed under the Employment of States of
Jersey Employees (Jersey) Law 200- as the Chief Officer of the administration
of the States relating to education;”.
(3) In
Articles 31(4), 36(2) and (3) and Schedule 5, paragraph 5(1), for the
words “Director of Education” in each place where they appear there
shall be substituted the words “Chief Officer”.
(4) Articles
55 and 56 shall be repealed.
37 Amendment of
Public Library (Jersey) Regulations 2003
(1) In this Article, any reference to a
provision is a reference to the provision in the Public Library (Jersey)
Regulations 2003.[9]
(2) In Regulation 3 –
(a) paragraph (1) shall be deleted;
(b) for paragraph (3) there shall be
substituted the following paragraph –
“(3) The
Chief Librarian shall be the person employed under the Employment of States of Jersey Employees (Jersey) Law 200- as
the Chief Librarian.”.
(3) In Regulation 4, for paragraph (1)
there shall be substituted the following paragraph –
“(1) The
States Employment Board within the meaning of the Employment of States of
Jersey Employees (Jersey) Law 200- may appoint such other States’
employees (within the meaning of that Law) and other employees as it thinks fit to
assist the Chief Librarian.”.
38 Amendment of States of Jersey Law 2005
(1) In
this Article, any reference to a provision is a reference to the provision in
the States of Jersey Law 2005.[10]
(2) In
Article 25(7), for the definition “officer” there shall be
substituted the following definition –
“ ‘officer’
means a States’ employee within the meaning of the Employment of States
of Jersey Employees (Jersey) Law 200-.”.
(3) In
Article 27(5), for the definition “officer” there shall be
substituted the following definition –
“ ‘officer’
means a States’ employee within the meaning of the Employment of States
of Jersey Employees (Jersey) Law 200- and includes a member of the
States of Jersey Police Force and an officer appointed under
paragraph 1(1) of Part 1 of Schedule 2 to the Immigration
Act 1971 as extended to Jersey by the Immigration (Jersey)
Order 1993.[11]”.
(4) In
Article 40 –
(a) after
paragraph (4) there shall be inserted the following paragraph –
“(4A) The Greffier of the States and the Deputy
Greffier of the States shall be appointed on such terms and conditions as to
salary, allowances, pensions or gratuities, if any, as are determined by the
States Employment Board after negotiation with the Greffier of the States and
the Deputy Greffier of the States respectively.”;
(b) in
paragraph (5) for the word “officers” there shall be
substituted the words “officers, who shall be person who are
States’ employees within the meaning of the Employment of States of
Jersey Employees (Jersey) Law 200-,”;
(c) after
paragraph (5) there shall be inserted the following paragraphs –
“(5A) An officer shall not be appointed under
paragraph (5) except with the consent of the Greffier of the States.
(5B) An officer who is appointed under paragraph (5) –
(a) shall not have that appointment suspended or
terminated; and
(b) while so appointed shall not have his or her
employment by the States Employment Board suspended or terminated,
except with the consent of
the Greffier of the States.
(5C) An officer who is appointed under paragraph (5) –
(a) shall discharge his or her duties under that
appointment under the direction and general supervision of the Greffier of the
States; and
(b) shall not be directed or supervised in the
discharge of those duties by the Chief Executive Officer, the States Employment
Board, a Minister or a person acting on behalf of such a person.”.
39 Repeal
etc. Regulations
The States may by Regulations –
(a) amend
this Law; and
(b) make
such repeal, amendment, transitional and savings provisions in relation to
other enactments as are necessary or convenient upon the coming into effect of
this Law.
PART 6
CONCLUDING PROVISION
40 Citation
and commencement
(1) This
Law may be cited as the Employment of States of Jersey Employees (Jersey) Law
2005.
(2) Article 1,
this Article and Article 39 shall come into force 7 days after this
Law is registered in the Royal Court.
(3) The
remaining provisions of this Law shall come into force on such day or days as
the States by Act appoint.
a.h. harris
Deputy Greffier of the States.