States of Jersey
(Transfer of Functions No. 1) (Home Affairs to
Transport and Technical Services) (Jersey) Regulations 2006
Made 25th April 2006
Coming into force 1st
May 2006
THE STATES, in pursuance of Article 28 of the States of Jersey Law 2005[1], have made the following
Regulations –
1 Interpretation
In these Regulations –
“receiving Minister”
means the Minister for Transport and Technical Services;
“transferring Minister”
means the Minister for Home Affairs.
2 Functions
and connected rights and liabilities transferred
(1) There
shall be transferred to the receiving Minister the functions of the
transferring Minister under –
(a) the
Motor Traffic (Jersey) Law 1935[2];
(b) the
Motor Traffic (Third-Party Insurance) (Jersey) Law 1948[3];
(c) the
Motor Vehicle Races (Jersey) Law 1946[4];
(d) the
Motor Vehicle Registration (Jersey) Law 1993[5];
(e) the
Motor Vehicles (International Circulation) (Jersey) Regulations 1958[6]; and
(f) the
Road Traffic (Jersey) Law 1956[7], with the exception of those
under Articles 30 and 31.
(2) All
rights enjoyed and liabilities incurred by the transferring Minister in
connection with the functions transferred by paragraph (1) shall be
transferred to the receiving Minister and become the rights and liabilities of
the receiving Minister.
(3) A
provision of a contract or other instrument that specifies that a right or
liability of the transferring Minister is incapable of transfer shall, to the
extent that it applies to a right or liability transferred by paragraph (2), be
of no effect.
(4) The
operation of paragraph (2) 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.
3 Consequential amendments of
enactments
The Schedule shall have effect to amend enactments consequentially
upon the transfers effected by Regulation 2.
4 Transitional
provisions
(1) The
transfers effected by Regulation 2 shall not prejudice the operation of any
appointment, approval, authorization, consent, delegation, determination,
direction, instruction, requirement or other thing that is, before these
Regulations come into force, made, given or done by the transferring Minister
in relation to the functions, rights and liabilities so transferred, but such
matter shall, if then in force, continue 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 these Regulations comes into force by or under the authority
of the transferring Minister may, so far as it relates to any of the functions,
rights and liabilities transferred by Regulation 2, be carried on and completed
by or under the authority of the receiving Minister.
(3) Where,
at the coming into force of these Regulations, any legal proceeding is pending
to which the transferring Minister is a party and the proceeding has reference
to any of the functions, rights and liabilities transferred by Regulation 2,
the receiving Minister shall be substituted in the proceeding for the
transferring Minister and the proceeding shall not abate by reason of the
substitution.
5 Citation
and commencement
These Regulations may be cited as the States of Jersey (Transfer of
Functions No. 1) (Home Affairs to Transport and Technical Services)
(Jersey) Regulations 2006 and shall come into force on 1st May 2006.
m.n. de la haye
Greffier of the States
SCHEDULE
(Regulation 3)
Enactments Amended
1 Motor
Traffic (Jersey) Law 1935
(1) A
reference in this paragraph to an Article is to the Article of that number in
the Motor Traffic (Jersey) Law 1935.
(2) In
Article 1(1), for the definition “Minister” there shall be
substituted the following definition –
“ ‘Minister’
means the Minister for Transport and Technical Services;”.
(3) Article
A14 shall be revoked.
(4) Article
36(4) shall be revoked.
(5) In
Article 42(3)(a), the words “or the Minister for Transport and Technical
Services” shall be deleted.
(6) In
Article 44(2) –
(a) sub-paragraph
(c) shall be revoked;
(b) for
sub-paragraph (d) there shall be substituted the following
sub-paragraph –
“(d) a person who is, or is acting
as, an officer, employee or agent of the Minister, or performing a duty or
exercising a power on behalf of the Minister; and”.
(7) In
Article 45 –
(a) in
paragraphs (1), (2) and (3), for the words “a Minister” there shall
be substituted the words “the Minister”;
(b) in
paragraphs (1) and (2), for the words “that Minister” there shall
be substituted the words “the Minister”;
(c) in
paragraph (7), the word “appropriate” shall be deleted.
(8) In
Article 46(1) –
(a) the
words “or, as the case may be, the Minister for Transport and Technical
Services,” shall be deleted;
(b) for
the words “either Minister” there shall be substituted the words
“the Minister”.
2 Motor
Traffic (Third-Party Insurance) (Jersey) Law 1948
In the Motor Traffic (Third-Party Insurance) (Jersey) Law
1948 –
(a) in
Article 1(1) –
(i) the
definition “Committee” shall be deleted,
(ii) after
the definition “insurance disc” there shall be inserted the
following definition –
“ ‘Minister’
means the Minister for Transport and Technical Services;”;
(b) in
the following places and provisions, for the word “Committee”, in
each place that it appears, there shall be substituted the word
“Minister” –
(i) in
Article 1(1), in the definition “prescribed”,
(ii) Article
2(4)(b),
(iii) Article
4(1), (2) and (3),
(iv) Article
17(1),
(v) Article
18(4),
(vi) Article
19(1).
3 Motor
Vehicle Races (Jersey) Law 1946
In the Motor Vehicle Races (Jersey) Law 1946 –
(a) in
Article 1, for the definition “Minister there shall be substituted the
following definition –
“ ‘Minister’
means the Minister for Transport and Technical Services;”;
(b) in
Article 2(1), the words “and after consultation with the Minister for
Transport and Technical Services,” shall be deleted.
4 Motor
Vehicle Registration (Jersey) Law 1993
In Article 1(1) of the Motor Vehicle Registration (Jersey) Law 1993,
for the definition “Minister” there shall be substituted the
following definition –
“ ‘Minister’
means the Minister for Transport and Technical Services;”.
5 Motor
Vehicles (International Circulation) (Jersey) Regulations 1958
In the Motor Vehicles (International Circulation) (Jersey)
Regulations 1958 –
(a) before
Article 1 there shall be inserted the following Article –
In these Regulations
“Minister” means the Minister for Transport and Technical
Services.”.
(b) in
the following provisions the words “for Home Affairs” shall be
deleted –
(i) Regulation
1(1), (2), (3), (4), (5), (6), (7) and (8),
(ii) Regulation
2(5),
(iii) Schedule
3, paragraphs 2, 3 and 4, in each place where the words appear.
6 Road
Traffic (Jersey) Law 1956
(1) In
this paragraph a reference to an Article is to the Article of that number in
the Road Traffic (Jersey) Law 1956.
(2) In
Article 1(1) –
(a) in
the definition “licensing authority” the words “for Home
Affairs” shall be deleted;
(b) after
the definition “medical exemption certificate” there shall be
inserted the following definition –
“ ‘the
Minister’, without further description, means the Minister for Transport
and Technical Services;”.
(3) In
the following Articles the words “for Home Affairs”, in each place
that they appear, shall be deleted –
(a) Article
5(1);
(b) Article
6(1), (3), (4) and (5);
(c) Article
7(1);
(d) Article
8(2);
(e) Article
12;
(f) Article
20(3)(d) and (5);
(g) Article
43(2), (3) and (4);
(h) Article
71(1), (3) and (4);
(i) Article
74(3);
(j) Article
78(3) and (4);
(k) Article
85, in the heading and paragraphs (1) and (2).
(4) In
the following Articles the words “for Transport and Technical
Services”, in each place that they appear, shall be deleted –
(a) Article
21(2);
(b) Article
40(3);
(c) Article
46(1);
(d) Article
58(1);
(e) Article
60(1), (2), (3), (4) and (5);
(f) Article
62(1);
(g) Article
63(1), (2) and (3);
(h) Article
64(1), (2), (3), (4), (5) and (6);
(i) Article
65(5);
(j) Article
68(2)(a);
(k) Article
69(1) and (7);
(l) Article
72(1), (2), (3), (5) and (6).
(5) In
the following Articles for the words “Provision may be made by
Order” there shall be substituted the words “The Minister may by
Order make provision” –
(a) Article
8(4);
(b) Article
20(2) and (7);
(c) Article
41(1);
(d) Article
44(2);
(e) Article
45(1);
(f) Article
56(1);
(g) Article
59(1);
(h) Article
69(2);
(i) Article
77(1);
(j) Article
80(1), (2) and (3).
(6) In
Article 42(1) after the words “Except as provided by Order” there
shall be inserted the words “made by the Minister”.
(7) In
Article 42(3) for the words “Provisions may be made by Order” there
shall be substituted the words “The Minister may by Order make
provisions”.
(8) In
Article 84 –
(a) for
paragraph (1) there shall be substituted the following
paragraph –
“(1) The Minister may make Orders
to prescribe anything which may be prescribed under this Law and generally for
the purpose of carrying this Law into effect.”;
(b) paragraph
(1AA) shall be deleted;
(c) in
paragraph (1A) the words “for Home Affairs”, in each place that
they appear, shall be deleted.
7 Motor
Cars (Driving Instruction) (Jersey) Order 1982
In Schedule 1 to the Motor Cars (Driving Instruction) (Jersey)
Order 1982[8], in Form 3, for the
words “MINISTER FOR HOME AFFAIRS” there shall be substituted the
words “MINISTER FOR TRANSPORT AND TECHNICAL SERVICES”.
8 Motor
Vehicles (Construction and Use) (Jersey) Order 1998
In the Motor Vehicles (Construction and Use) (Jersey) Order 1998[9] –
(a) in
Article 1(1), after the definition “maximum total design axle
weight” there shall be inserted the following definition –
“ ‘Minister’
means, except in Article 74(2)(c)(ii), the Minister for Transport and Technical
Services;”;
(b) in
Article 108(2)(e), the words “for Transport and Technical Services”
shall be deleted.
9 Road
Traffic (St. Lawrence) (Jersey) Order 1990
In Articles 11(1) and (2) and 14 of the Road Traffic
(St. Lawrence) (Jersey) Order 1990[10], for the words
“Minister for Home Affairs” there shall be substituted the words
“Minister for Transport and Technical Services”.
10 Traffic
Signs (Jersey) Order 1968
In the definition “primary route” in Article 1(1) and in
Article 18(1), (2) and (3), of the Traffic Signs (Jersey) Order 1968[11] for the words
“Minister for Home Affairs” there shall be substituted the words
“Minister for Transport and Technical Services”.