States
of Jersey (Minister for Children and Education, Minister for Housing and
Communities and Minister for External Relations and Financial Services)
(Jersey) Order 2021
Made 2nd March 2021
Coming into
force 2nd March 2021
THE CHIEF MINISTER makes this Order under Article 29A
of the States of Jersey Law 2005[1] –
PART 1
Minister
for Children and education and minister for housing and communities
1 Renaming of Ministers
(1) The
Minister for Education is renamed the “Minister for Children and Education”.
(2) The
Minister for Children and Housing is renamed the “Minister for Housing and
Communities”.
2 Interpretation of Articles 3 and 4
In Articles 3 and 4 –
(a) “receiving Minister”
means the Minister for Children and Education;
(b) “transferring Minister”
means the Minister for Housing and Communities.
3 Responsibilities
and functions transferred to the Minister for Children and Education
(1) The
responsibilities and functions of the transferring Minister under the
enactments set out in Part 1 of Schedule 1 are transferred to the
receiving Minister.
(2) The
receiving Minister is also responsible for promoting the well-being of
children.
(3) Part 2
of Schedule 1 contains consequential amendments.
4 Connected
rights and liabilities
(1) All
rights enjoyed and liabilities incurred by the transferring Minister in
connection with the responsibilities and functions transferred by Article 3
are transferred to the receiving Minister and become the rights and liabilities
of the receiving Minister.
(2) A
provision of a contract or other instrument that specifies that a right or
liability of the transferring Minister is incapable of transfer is, to the
extent that it applies to a right or liability transferred by
paragraph (1), of no effect.
(3) The
operation of paragraph (1) is not to 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.
5 Transitional
provisions
(1) The
transfers effected by Articles 3 and 4 do not prejudice the operation of
any appointment, approval, authorisation, consent, delegation, determination,
direction, instruction, requirement or other thing that is, before this Order
comes into force, made, given or done by the transferring Minister in relation
to the responsibilities, functions, rights and liabilities so transferred, but
any such matter, if then in force, continues in force to the like extent and
subject to the like provisions as if it had been duly made, given or done by
the receiving Minister.
(2) Anything
commenced before this Order comes into force by or under the authority of the
transferring Minister may, so far as it relates to any of the responsibilities,
functions, rights and liabilities transferred by Articles 3 and 4, be
carried on and completed by or under the authority of the receiving Minister.
(3) Where,
on commencement of this Order, any legal proceeding is pending to which the
transferring Minister is a party and the proceeding has reference to any of the
responsibilities, functions, rights and liabilities transferred by Articles 3
and 4, the receiving Minister is substituted in the proceeding for the
transferring Minister and the proceeding does not abate by reason of the
substitution.
PART 2
Minister
for external relations and financial services
6 Renaming of Minister
(1) The
Minister for External Relations is renamed the “Minister for External Relations
and Financial Services”.
(2) Schedule
2 contains consequential amendments.
PART 3
citation
7 Citation
This Order may be cited as the States of Jersey (Minister for
Children and Education, Minister for Housing and Communities and Minister for
External Relations and Financial Services) (Jersey) Order 2021.
Senator J.A.N. Le Fondré
Chief Minister
SCHEDULE 1
(Article 3)
Part 1
Enactments
Adoption (Jersey) Law 1961[2]
Child Abduction and Custody (Jersey) Law 2005[3]
Child Custody (Jurisdiction) (Jersey) Law 2005[4]
Children (Jersey) Law 2002[5]
Children’s Benefit Funds (Jersey) Law 1969[6]
Civil Partners Causes Rules 2012[7]
Civil Partnership (Jersey) Law 2012[8]
Criminal Justice (Young Offenders) (Placement Panel) (Jersey)
Regulations 2016[9]
Criminal Law (Child Abduction) (Jersey) Law 2005[10]
Employment (Jersey) Law 2003[11]
Marriage and Civil Status (Jersey) Law 2001[12]
Matrimonial Causes Rules 2005[13]
PART 2
Consequential Amendments
1 References to Minister
for Children and Housing amended
(1) In each of the following enactments, for “Minister
for Children and Housing” there is substituted “Minister for Children and
Education” –
(a) the definition “Minister”
in Article 1(1) of the Adoption (Jersey) Law 1961[14];
(b) the definition “Minister”
in Rule 1(1) of, and Note (11) to Form No. 6 in Schedule 1 to, the
Adoption Rules 1962[15];
(c) Articles 8(1)(a) and
22(1)(a) of the Child Abduction and Custody (Jersey) Law 2005[16];
(d) Article 2(a) of the
Child Custody (Jurisdiction) (Jersey) Law 2005[17];
(e) the definition “Minister”
in Article 1(1) of the Children (Jersey) Law 2002[18];
(f) Rule 2(c) of the
Children (Prescribed Classes of Applicant to vary Directions) Rules 2005[19];
(g) Article 2(7), in
both places it occurs, and (12) of the Children’s Benefit Funds (Jersey)
Law 1969[20];
(h) Rule 56(d) of the Civil
Partners Causes Rules 2012[21];
(i) paragraph 1(c) of
Schedule 3 to the Civil Partnership (Jersey) Law 2012[22];
(j) Article 11(3)(a) of
the Criminal Justice (Young Offenders) (Jersey) Law 2014[23];
(k) Regulation 6(1)(b)
of the Criminal Justice (Young Offenders) (Placement Panel) (Jersey)
Regulations 2016[24];
(l) the first entry in the third
column (appropriate leave or consent) of the table in the Schedule to the
Criminal Law (Child Abduction) (Jersey) Law 2005[25];
(m) Articles 4(4)(c) and
4A(7)(c) of the Education (Discretionary Grants – General) (Jersey) Order
2008[26];
(n) Articles 4(5)(c) and
5(7)(b) of the Education (Grants and Allowances) (Jersey) Order 2018[27];
(o) the definition “official
notification” in Article 55A(1) of the Employment (Jersey) Law 2003[28];
(p) paragraph 1(c) of
Schedule 2 to the Marriage and Civil Status (Jersey) Law 2001[29];
(q) Rule 50(d) of the
Matrimonial Causes Rules 2005[30];
(r) Articles 36, 38(1) and
40(3), and paragraph 4(2)(a) of Schedule 2 to, the Regulation of Care (Jersey)
Law 2014[31];
(s) Regulations 16 and
17(1)(k) of the Rehabilitation of Offenders (Exceptions) (Jersey) Regulations
2002[32];
(t) Articles 19(4)(a)
and (5), and paragraph (a) of the definition “children’s home” in
Article 20(2), of the Sexual Offences (Jersey) Law 2018[33];
(u) section 1.6(i)(a) of
the code of practice on audio recording of interviews set out in the Schedule
to the Terrorism (Audio Recording of Interviews) (Jersey) Order 2003[34].
(2) In each of the following enactments, for “Minister
for Children and Housing” there is substituted “Minister for Housing and
Communities” –
(a) the definition “Minister”
in Article 1 of the Building Loans (Jersey) Law 1950[35];
(b) Schedule 1, in both
places it occurs, and Clause 1.1 of the form of security agreement in Schedule 2
to the Building Loans (Miscellaneous Provisions) (Jersey) Regulations 1961[36];
(c) Article 48(3) of the Control of Housing and Work (Jersey) Law 2012[37];
(d) the definition “Minister”
in Article 1(1) of the Dwelling-Houses (Rent Control) (Jersey) Law 1946[38];
(e) sub-paragraph (a) of the
definition “social housing” in Regulation 1 of the Income Support (Jersey)
Regulations 2007[39];
(f) the definition
“Minister” in Article 1 of the Lodging Houses (Registration) (Jersey) Law 1962[40];
(g) the definition “Minister”
in Article 1(1) of the Residential Tenancy (Jersey) Law 2011[41];
(h) paragraph (b) of the
definition “Ministers” in Article 28(1) of the Sex Offenders (Jersey) Law 2010[42];
(i) Article 6B(2), in both
places it occurs, of the Stamp Duties and Fees (Jersey) Law 1998[43];
(j) Article 8A(2), in both
places it occurs, of the Taxation (Land Transactions) (Jersey) Law 2009[44].
(3) In each of the following enactments “any road administered by the Minister for Children and
Housing,” is deleted –
(a) the definition “road” in
Article 1(1) of the Motor Vehicle Registration (Jersey) Law 1993[45];
(b) the definition “road”
in Regulation 1(1) of the Petroleum-Spirit (Carriage by Road) (Jersey)
Regulations 2001[46];
(c) the definition “street”
in Article 1(1) of the Statutory Nuisances (Jersey) Law 1999[47].
(4) In the definition “road” in Regulation 1 of
the Petroleum-Spirit (Storage) (Jersey) Regulations 2001[48], “a road administered by the Minister for Children and Housing,” is
deleted.
(5) Part 2 of the States of Jersey (Minister
for International Development and Minister for Children and Housing) (Jersey)
Order 2018[49] is deleted.
2 References to Minister
for Education amended
(1) In each of the
following enactments, for “Minister for Education” there is substituted “Minister
for Children and Education” –
(a) the definition “Minister”
in Article 1(1) of the Day Care of Children (Jersey) Law 2002[50];
(b) the definition “Minister”
in Article 1(1) of the Education (Jersey) Law 1999[51];
(c) paragraph 1(1)(a) of
Schedule 1 to the Income Support (Jersey) Regulations 2007[52];
(d) Articles 92B(1)(a)(ii)
and 115(n) of the Income Tax (Jersey) Law 1961[53];
(e) the definition “Minister”
in Article 1(1), and Article 12(4)(a), of the Legal Deposit (Jersey) Law 2007[54];
(f) Article 2(b) of Loi
(1930) sur l’emploi de femmes, de jeunes personnes et d’enfants[55];
(g) sub-paragraph (a) of the
definition “park authority” in Regulation 1(1) of the Policing of Parks
(Jersey) Regulations 2005[56];
(h) the definition “Minister”
in Regulation 1(1) of the Public Library (Jersey) Regulations 2007[57];
(i) Rule 12(4) of the Public
Library (Jersey) Rules 2003[58];
(j) Article 17(2)(g) of the
Rates (Jersey) Law 2005[59];
(k) Regulation 17(1)(j) of
the Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 2002[60];
(l) Article 8(8) of the
Revenue Administration (Jersey) Law 2019[61];
(m) Article 70, in both places
it occurs, of the Road Traffic (Jersey) Law 1956[62];
(n) Article 11(4)(c)(i) and
(5) of the Road Traffic (Lighting) (Jersey) Order 1998[63];
(o) paragraph (b) of the
definition “controlling body” in Article 1(1) of the Road Traffic (Public
Parking Places) (Jersey) Order 2006[64];
(p) paragraph (d) of the
definition “Ministers” in Article 28 of the Sex Offenders (Jersey) Law 2010[65];
(q) Article 19(3)(a) of the
Sexual Offences (Jersey) Law 2018[66];
(r) Article 3(1)(a)(ii) and (1)(b)
of the Teachers’ Superannuation (Administration) (Jersey) Order 2007[67].
(2) In the Children
(Placement) (Jersey) Regulations 2005[68], the following provisions are deleted –
(a) Regulation 4(1)(b);
(b) Regulation 10(4)(a).
(3) In the Children (Secure
Accommodation) (Jersey) Order 2005[69], the following provisions are deleted –
(a) Article 7(1)(a);
(b) Article 7(2).
3 Standing Orders
amended
(1) This paragraph amends the Standing Orders
of the States of Jersey[70].
(2) In
standing order 117(1) (Ministers: selection process) –
(a) the following entries are
deleted from the list –
(i) “Children and Housing”,
(ii) “Education”;
(b) the following entries are
inserted, at the appropriate place, in the list –
(i) “Children and Education”,
(ii) “Housing and
Communities”.
(3) In
standing order 120(1C) (Chair of a scrutiny panel: appointment process) –
(a) in paragraph (1C), for
“the Minister for Children and Housing, the Minister for Education” there is
substituted “the Minister for Children and Education”;
(b) in paragraph (1D), for
“the Minister for Children and Housing” there is substituted “the Minister for
Housing and Communities”.
SCHEDULE 2
(Article 6(2))
1 References to Minister for External
Relations amended
In each of the following
enactments, for “Minister for External Relations” there is substituted “Minister
for External Relations and Financial Services” –
(a) the definition “Minister”
in Article 1(1) of the Air Navigation (Jersey) Law 2014[71];
(b) the definition “Minister”
in Regulation 2 of the Alternative Investment Funds (Jersey) Regulations 2012[72];
(c) the definition “Minister”
in Article 1 of the Banking Business (Jersey) Law 1991[73];
(d) the definition “Minister”
in Article 1(1) of the Bankruptcy (Désastre) (Jersey) Law 1990[74];
(e) the definition “Minister”
in Article 1 of the Charities (Jersey) Law 2014[75];
(f) the definition
“Minister” in Article 1(1) of the Civil Aviation (Jersey) Law 2008[76];
(g) the definition “Minister”
in Article 1(1) of the Collective Investment Funds (Jersey) Law 1988[77];
(h) the definition “Minister”
in Article 1(1) of the Companies (Jersey) Law 1991[78];
(i) the definition
“Minister” in Article 1(1) of the Companies (Takeovers and Mergers Panel)
(Jersey) Law 2009[79];
(j) the definition
“Minister” in Article 1(1) of the Control of Borrowing (Jersey) Law 1947[80];
(k) the definition “Minister”
in Article 1(1) of the Crime and Security (Jersey) Law 2003[81];
(l) the definition
“Minister” in Article 1(1) of the Dormant Bank Accounts (Jersey) Law 2017[82];
(m) the definition
“appropriate Minister” in Regulation 2(6)(b) of the EU Legislation
(Customs Union, Import and Export Control) (Jersey) Regulations 2018[83];
(n) the definition “Minister”
in Regulation 1(1) of the EU Legislation (Payment Services - SEPA) (Jersey)
Regulations 2015[84];
(o) Article 4 of the
Emergency Powers and Planning (Designation of Competent Authorities) (Jersey)
Act 2019[85];
(p) the definition
“Minister” in Article 1(1) of the European Union Legislation (Implementation)
(Jersey) Law 2014[86];
(q) the definition “Minister”
in Article 1 of the Financial Services (Disclosure and Provision of
Information) (Jersey) Law 2020[87];
(r) the definition
“Minister” in Article 1(1) of the Financial Services (Jersey) Law 1998[88];
(s) the definition
“Minister” in Article 1(1) of the Financial Services Commission (Jersey) Law
1998[89];
(t) the definition
“Minister” in Article 1(1) of the Forfeiture of Assets (Civil Proceedings)
(Jersey) Law 2018[90];
(u) paragraphs 5 and 6 of the
Schedule to the Hong Kong Economic and Trade Office (Privileges and Immunities)
(Jersey) Law 1998[91];
(v) the definition “Minister”
in Article 1 of the Incorporated Limited Partnerships (Jersey) Law 2011[92];
(w) the definition “Minister”
in Article 1(1) of the Insurance Business (Jersey) Law 1996[93];
(x) the definition “Minister”
in Article 1(1) of the Intellectual Property (Unregistered Rights) (Jersey) Law
2011[94];
(y) the definition “Minister”
in Article 1(1) of the Limited Liability Partnerships (Jersey) Law 2017[95];
(z) the definition
“Minister” in Regulation 1 of the Limited Partnerships (Continuance) (Jersey)
Regulations 2020[96];
(za) the definition “Minister”
in Article 1 of the Limited Partnerships (Jersey) Law 1994[97];
(zb) the definition “Minister”
in Article 1 of the Money Laundering and Weapons Development (Directions)
(Jersey) Law 2012[98];
(zc) the definition “Minister”
in Article 3(1) of the Non-Profit Organizations (Jersey) Law 2008[99];
(zd) the definition “Minister”
in Article 1(1) of the Nuclear Safeguards (Notification) (Jersey) Order 2005[100];
(ze) the definition “Minister”
in Article 1(1) of the Patents (Jersey) Law 1957[101];
(zf) Articles 37(1) and 43(1)
of the Proceeds of Crime (Jersey) Law 1999[102];
(zg) the definition “Minister”
in Article 1(1) of the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008[103];
(zh) the definition “Minister”
in Article 1(1) of the Registered Designs (Jersey) Law 1957[104];
(zi) the definition “Minister”
in Article 1(1) of the Registration of Business Names (Jersey) Law 1956[105];
(zj) the definition “Minister”
in Article 1(1) of the Sanctions and Asset-Freezing (Jersey) Law 2019[106];
(zk) the definition “Minister”
in Article 1 of the Security Interests (Jersey) Law 2012[107];
(zl) the definition “Minister”
in Article 1 of the Separate Limited Partnerships (Jersey) Law 2011[108];
(zm) the following places in the
States of Jersey (Minister for External Relations) (Jersey)
Regulations 2013[109] –
(i) the short title,
(ii) the heading of
Regulations 2 and 3,
(iii) Regulation 2,
(iv) Regulation 3, paragraphs (1)
and (2) and both places in paragraph (3),
(v) Regulation 4,
(vi) Regulation 5(1) to (4),
(vii) Regulations 6, 7 and 8;
(zn) the definition “receiving
Minister” in Regulation 1, and Regulation 3, of the States of Jersey (Transfer
of Functions No. 7) (Economic Development to External Relations) (Jersey)
Regulations 2014[110];
(zo) Regulation 3 of the
Taxation (Double Taxation) (Jersey) Regulations 2010[111];
(zp) Regulation 16A(3) of the
Taxation (Exchange of Information with Third Countries) (Jersey) Regulations
2008[112];
(zq) the definition “Minister”
in Regulation 1(1) of the Taxation (Implementation) (International Tax
Compliance) (Common Reporting Standard) (Jersey) Regulations 2015[113];
(zr) the definition “Minister”
in Regulation 1(1) of the Taxation (Implementation) (International Tax
Compliance) (United Kingdom) (Jersey) Regulations 2014[114];
(zs) the definition “Minister”
in Regulation 1(1) of the Taxation (Implementation) (International Tax
Compliance) (United States of America) (Jersey) Regulations 2014[115];
(zt) the definition “Minister”
in Article 1(1) of the Trade Marks (Jersey) Law 2000[116].
2 Standing Orders amended
(1) This
paragraph amends the Standing Orders of the States of Jersey[117].
(2) In
Standing Order 117(1) (Ministers: selection process) for “External
Relations” there is substituted “External Relations and Financial Services”.
(3) In
Standing Order 120(1B) (Chair of a scrutiny panel: appointment process) after
“External Relations” there is inserted “and Financial Services”.