States of Jersey (Transfer of Responsibilities and
Functions) (Chief Minister to External Relations) Order 2019
Made 31st May 2019
Coming
into force 31st May 2019
THE
CHIEF MINISTER, in pursuance of Article 29A of the States of Jersey Law 2005[1], orders as
follows –
1 Interpretation
In this Order –
“receiving
Minister” means the Minister for External Relations;
“transferring
Minister” means the Chief Minister.
2 Responsibilities
and functions transferred
(1) There are transferred to the receiving
Minister the responsibilities and functions of the transferring Minister under
the enactments set out in Schedule 1.
(2) Schedule 2 contains consequential
amendments.
3 Connected
rights and liabilities transferred
(1) All rights enjoyed and liabilities incurred
by the transferring Minister in connection with the responsibilities and
functions transferred by Article 2 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.
4 Transitional
provisions
(1) The transfers effected by Article 2 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 Article 2, 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 Article 2, the receiving Minister is
substituted in the proceeding for the transferring Minister and the proceeding
does not abate by reason of the substitution.
5 Citation
This Order may be cited as the States of Jersey (Transfer of Responsibilities and Functions) (Chief
Minister to External Relations) Order 2019.
senator
j.a.n. le fondré
Chief Minister
SCHEDULE 1
(Article 2(1))
ENACTMENTS
Alternative
Investment Funds (Jersey) Regulations 2012[2]
Bank (Recovery
and Resolution) (Jersey) Law 2017[3]
Banking
Business (Jersey) Law 1991[4]
Bankruptcy (Désastre) (Jersey) Law 1990[5]
Charities
(Jersey) Law 2014[6]
Collective
Investment Funds (Jersey) Law 1988[7]
Companies
(Jersey) Law 1991[8]
Companies
(Takeovers and Mergers Panel) (Jersey) Law 2009[9]
Control of
Borrowing (Jersey) Law 1947[10]
Dormant Bank
Accounts (Jersey) Law 2017[11]
EU Legislation
(Payment Services – SEPA) (Jersey) Regulations 2015[12]
Financial
Services (Jersey) Law 1998[13]
Financial
Services Commission (Jersey) Law 1998[14]
Forfeiture of
Assets (Civil Proceedings) (Jersey) Law 2018[15]
Foundations
(Jersey) Law 2009[16]
Incorporated
Limited Partnerships (Jersey) Law 2011[17]
Insurance
Business (Jersey) Law 1996[18]
Limited
Liability Companies (Jersey) Law 2018[19]
Limited
Liability Partnerships (Jersey) Law 2017[20]
Limited
Liability Partnerships (Dissolution and Winding Up) (Jersey) Regulations 2018[21]
Limited
Partnerships (Jersey) Law 1994[22]
Non-Profit
Organizations (Jersey) Law 2008[23]
Proceeds of
Crime (Jersey) Law 1999[24]
Proceeds of
Crime and Terrorism (Miscellaneous Provisions) (Jersey) Law 2014[25]
Proceeds of
Crime (Supervisory Bodies) (Jersey) Law 2008[26]
Registration of
Business Names (Jersey) Law 1956[27]
Security
Interests (Jersey) Law 2012[28]
Separate
Limited Partnerships (Jersey) Law 2011[29]
SCHEDULE 2
(Article 2(2))
CONSEQUENTIAL AMENDMENTS
1 Definitions of “Minister” amended
In the definition “Minister” in each of the following
enactments, for “Chief Minister” there is substituted “Minister for External
Relations” –
(a) Article 2 of the Alternative
Investment Funds (Jersey) Regulations 2012[30];
(b) Article 1 of the Bank (Recovery and Resolution)
(Jersey) Law 2017[31];
(c) Article 1 of the Banking Business
(Jersey) Law 1991[32];
(d) Article 1(1) of the Bankruptcy (Désastre) (Jersey) Law 1990[33];
(e) Article 1(1) of the Charities (Jersey)
Law 2014[34];
(f) Article 1(1) of the Collective
Investment Funds (Jersey) Law 1988[35];
(g) Article 1(1) of the Companies (Jersey)
Law 1991[36];
(h) Article 1(1) of the Companies
(Takeovers and Mergers Panel) (Jersey) Law 2009[37];
(i) Article 1(1)
of the Control of Borrowing (Jersey) Law 1947[38];
(j) Article 1(1) of the Dormant Bank
Accounts (Jersey) Law 2017[39];
(k) Article 1(1) of the EU Legislation
(Payment Services – SEPA) (Jersey) Regulations 2015[40];
(l) Article 1(1) of the Financial
Services (Jersey) Law 1998[41];
(m) Article 1(1) of the Financial Services
Commission (Jersey) Law 1998[42];
(n) Article 1(1) of the Forfeiture of
Assets (Civil Proceedings) (Jersey) Law 2018[43];
(o) Article 1 of the Incorporated Limited
Partnerships (Jersey) Law 2011[44];
(p) Article 1(1) of the Insurance Business
(Jersey) Law 1996[45];
(q) Article 1(1) of the Limited Liability
Companies (Jersey) Law 2018[46];
(r) Article 1 of the Limited Partnerships
(Jersey) Law 1994[47];
(s) Article 3(1) of the Non-Profit
Organizations (Jersey) Law 2008[48];
(t) Article 1(1) of the Proceeds of Crime
(Supervisory Bodies) (Jersey) Law 2008[49];
(u) Article 1(1) of the Registration of
Business Names (Jersey) Law 1956[50];
(v) Article 1 of the Security Interests
(Jersey) Law 2012[51];
(w) Article 1 of the Separate Limited
Partnerships (Jersey) Law 2011[52].
2 Various enactments amended
In the following enactments, “Chief”, wherever it appears,
is deleted –
(a) Article 127GB(3)(a)
of the Companies (Jersey) Law 1991[53];
(b) Article 53(3)(a)
of the Foundations (Jersey) Law 2009[54];
(c) in the Limited
Liability Partnerships (Jersey) Law 2017[55] –
(i) the definition
“prescribed” in Article 1(1),
(ii) Article 11(6),
(iii) Article 25(2),
(iv) Article 37(2)(b),
(v) Article 38(8)(a),
(vi) Article 39;
(d) in the Limited
Liability Partnerships (Dissolution and Winding Up) (Jersey) Regulations 2018[56] –
(i) Article 41,
(ii) Article 42,
(iii) Article 44 (including the heading),
(iv) Article 45,
(v) Article 46.
3 Definition of “Minister” inserted into
Limited Liability Partnerships (Jersey) Law 2017
In the Limited Liability Partnerships
(Jersey) Law 2017[57], in Article 1(1), after the definition “loss” there
is inserted –
“
“Minister”
means the Minister for External Relations;”.
4 Proceeds of Crime (Jersey) Law 1999
amended
In the Proceeds of Crime (Jersey) Law
1999[58] –
(a) in
Article 34(1)(b)(v), for “by the Chief Minister under” there is
substituted “under Article 6 of”;
(b) in
Article 37(1), for “Chief Minister” there is substituted “Minister for
External Relations”;
(c) in
Article 43(1), for “Chief Minister” there is substituted “Minister for
External Relations”.
5 Money Laundering (Jersey) Order 2008
amended
In the Money Laundering (Jersey) Order
2008[59], in Article 23(4) –
(a) in
sub-paragraph (f), “by the Chief Minister or the Commission” is deleted;
(b) in
sub-paragraph (j), “by the Chief Minister” is deleted.