States of Jersey
(Amendments and Construction Provisions No. 4) (Jersey) Regulations 2005
Made 24th May 2005
Coming into force in
accordance with Regulation 41
THE STATES, in pursuance of Article 49 of the States of Jersey Law 2005,[1] have made the following
Regulations –
1 Electricity
(Jersey) Law 1937 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Electricity (Jersey) Law 1937.[2]
(2) In
Article 5 –
(a) for
the words “President of the Environment and Public Services
Committee” there shall be substituted the words “Minister for Public
Services”;
(b) for
the words “or President” in each place where they appear there
shall be substituted the words “or Minister”.
(3) In
Article 8 –
(a) for
the words “Environment and Public Services Committee” there shall
be substituted the words “Minister for Public Services”;
(b) for
the words “said Committee” there shall be substituted the words
“said Minister”;
(c) for
the words “competent Committee of the States” there shall be
substituted the words “said Minister”.
(4) In
Article 9(1) for the words “Environment and Public Services
Committee or an official designated by it” there shall be substituted the
words “Minister for Public Services or an official designated by the
Minister”.
(5) In
Article 14 –
(a) for
the words “competent Committee thereof” there shall be substituted
the words “Minister for Economic Development”;
(b) for
the words “Committee of the States” there shall be substituted the
words “Minister”.
(6) In
Article 26 for the words “Committee appointed under Article 35”
there shall be substituted the words “Minister for Economic
Development”.
(7) In
Article 30 –
(a) for
the words “the Harbours and Airport Committee” in the first place
where they appear there shall be substituted the words “the Minister for
Economic Development”;
(b) for
the words “the Harbours and Airport Committee” in the second place
where they appear there shall be substituted the words “that Minister”.
(8) In
Article 35 for the words “a Committee of the States,” there
shall be substituted the words “the Minister for Economic
Development”.
2 Agricultural
Returns (Jersey) Law 1947 – amended
(1) In this Regulation, a reference to a
provision is a reference to the provision in the Agricultural Returns (Jersey) Law 1947.[3]
(2) In Article 1(1) for the definition “Committee”
there shall be substituted the following definition –
“ ‘Minister’ means the Minister for Economic
Development.”.
(3) In Article 2 –
(a) in paragraph (1), for the words
“The Committee may, wherever it thinks”, there shall be substituted
the words “The Minister may, wherever he or she thinks”;
(b) for paragraph (3) there shall be
substituted the following paragraph –
“(3) The
Minister may require any person furnishing a return in pursuance of this
Article to give such information and explanations respecting the return as the
Minister thinks necessary.”.
(4) In Article 3 for the word
“Committee” there shall be substituted the word
“Minister”.
3 Borrowing
(Control) (Jersey) Law 1947 – amended
(1) In this Regulation, a reference to a
provision is a reference to the provision in the Borrowing (Control) (Jersey)
Law 1947.[4]
(2) In Article 1(1) –
(a) the definition “Committee” shall
be deleted;
(b) after the definition “limited
partnership” there shall be inserted the following
definition –
“ ‘Minister’ means the Minister for Economic
Development;”.
(3) In the following provisions, for the word
“Committee”, in each place where it appears, there shall be
substituted the word “Minister” –
(a) Article 1(4);
(b) Article 2(1).
(4) For Article 3(2)(b) there shall be
substituted the following sub-paragraph –
“(b) the
Minister and any person who is, or is acting as, an officer servant or agent in
an administration of the States for which the Minister is assigned
responsibility, or performing any duty or exercising any power on behalf of the
Minister; and”.
4 Tourism
(Jersey) Law 1948 – amended
(1) In this Regulation, a reference to a
provision is a reference to the provision in the Tourism (Jersey) Law 1948.[5]
(2) In Article 1(1) –
(a) for the definition “Committee”
there shall be substituted the following definition –
“ ‘Minister’ means the Minister for Economic
Development;”;
(b) in the definition “prescribed”
for the word “Committee” there shall be substituted the word
“Minister”.
(3) For Article 2 there shall be substituted the
following Article –
“2 Powers and duties
of Minister
The Minister for Economic Development shall exercise the powers
conferred, and perform the duties imposed, upon the Minister by this
Law.”
(4) In Article 3(1) for the words “of
its functions” there shall be substituted the words “of his or her
functions”.
(5) In the following provisions, for the word
“Committee”, in each place where it appears, there shall be
substituted the word “Minister” –
(a) the heading to Article 3;
(b) Article 3(1);
(c) the heading to Article 4;
(d) Article 4;
(e) Article 6(1) and
(2)(c);
(f) Article 9(1)(a) and (e) and (2);
(g) Article 10(2), (4), (6), (7) and (8);
(h) Article 11(1) and (2);
(i) Article 13(1);
(j) Article 14;
(k) Article 15;
(l) Article 16(1);
(m) Article 18;
(n) Article 20(1) and (2);
(o) Article 21(1)(b) and (2)(a), (b) and (c);
(p) Article 22(1);
(q) Article 26(1);
(r) Article 27(1),
(2) and (3);
(s) Article 28(1) and (2);
(t) Article 32(1).
(6) In Article 7 –
(a) in paragraph (1), for the words “Committee
may, in its absolute discretion” there shall be substituted the words
“Minister may, in his or her absolute discretion”;
(b) in paragraph (2) for the words
“Committee may attach to any exemption granted under this Article such conditions
as it thinks fit” there shall be substituted the words “Minister
may attach to any exemption granted under this Article such conditions as he or
she thinks fit”.
(7) In Article 10 –
(a) in paragraph (1), for the word
“Committee”, where firstly and secondly occurring, there shall be
substituted the word “Minister”;
(b) in paragraph (1) for the words “officer
of the Committee” there shall be substituted the words “officer in
an administration of the States for which the Minister is assigned
responsibility”;
(c) for paragraph (3) there shall be
substituted the following paragraph –
“(3) On
receipt of any such written representations as aforesaid or at the expiration
of the said period of 14 days (or such longer period as the Minister in his or
her absolute discretion may allow), the Minister shall reconsider the
application, together with any such representations, and, if the Minister
thinks fit, shall cause a further inspection of the premises to be
made.”;
(d) in paragraph (6)(a) for the words
“as it thinks fit” there shall be substituted the words “as the
Minister thinks fit”.
(8) In Article 11(1) for the words
“as it thinks fit” there shall be substituted the words “as
the Minister thinks fit”.
(9) In Article 13(2) for the words
“Committee may think fit, and shall be signed by an officer of the
Committee authorized in that behalf by the Committee” there shall be
substituted the words “Minister may think fit, and shall be signed by an
officer in an administration of the States for which the Minister is assigned
responsibility, being an officer who has been authorized in that behalf by the
Minister”.
(10) For Article 17(1) there shall be substituted the
following paragraph –
“(1) A
registered proprietor shall –
(a) when
required by or on behalf of the Minister so to do, produce or deliver the
proprietor’s registration certificate to the Minister or to an officer in
an administration of the States for which the Minister is assigned
responsibility, being an officer who has been authorized in that behalf by the
Minister;
(b) deliver
the proprietor’s registration certificate to the Minister immediately
upon the expiration of the period to which it relates.”.
(11) In Articles 20(1) and (2) and 26(1) for the words
“it thinks proper”, in each place where they appear, there shall be
substituted the words “the Minister thinks proper”.
(12) In Article 21(2)(a) for the words “it would
be entitled” there shall be substituted the words “the Minister would
be entitled”.
(13) In Article 23(1) for the words “Committee,
if it thinks” there shall be substituted the words “Minister, if he
or she thinks”.
(14) In Article 24(1) for the words “officer
of the Committee generally or specially authorized in writing in that
behalf” there shall be substituted the words “officer in an administration
of the States for which the Minister is assigned responsibility, being an
officer who has been generally or specially authorized in that behalf”.
(15) In Article 25(1) and (2) for the words
“officer of the Committee authorized in that behalf by the
Committee” in each place where they appear there shall be substituted the
words “officer in an administration of the States for which the Minister
is assigned responsibility, being an officer who has been authorized in that
behalf by the Minister”.
(16) In Article 28(2) for the words “it
thinks proper” there shall be substituted the words “the Minister
thinks it proper to do so”.
5 Public
Holidays and Bank Holidays (Jersey) Law 1951 – amended
In Article 4(1) of the Public Holidays and Bank Holidays (Jersey) Law
1951[6] –
(a) for the words “Economic Development Committee”
there shall be substituted the words “Minister for Economic
Development”;
(b) for the words “it considers”
there shall be substituted the words “he or she considers”.
6 Agricultural
Marketing (Jersey) Law 1953 – amended
(1) In this Regulation, a reference to a
provision is a reference to the provision in the Agricultural Marketing (Jersey) Law 1953.[7]
(2) In Article 1(1) –
(a) the definition “Committee” shall
be deleted;
(b) after the definition “livestock”
there shall be inserted the following definition –
“ ‘Minister’ means the Minister for Economic
Development;”.
(3) In the following provisions, for the word
“Committee”, in each place where it appears, there shall be
substituted the word “Minister” –
(a) Article 2(1), (2), (3), (4), (5) and (6);
(b) Article 3(1)(b), (5) and (8)(a);
(c) Article 4(1), (3), (4), (6) and (7);
(d) Article 5(1), and (5);
(e) Article 6(1);
(f) Article 7(1), (2) and (6);
(g) Article 8(1)(j), (o) and (q);
(h) Article 13(1), (2), (4), (5), (7), (8) and
(9);
(i) Article 14(2), (3), (4), (5) and (7);
(j) Article 15(1), (2), (3) and (4);
(k) Article 16(1) and (3);
(l) Article 17(1),
(3) and (4);
(m) Article 18(1);
(n) Article 21.
(4) In Article 2 –
(a) in paragraph (5), for the words
“it considers” there shall be substituted the words “he or
she considers”;
(b) in paragraph (6), for the words
“it shall submit” there shall be substituted the words “the
Minister shall submit”.
(5) In Article 6 –
(a) in paragraph (5) for the words
“conferred upon it by this Law, the Committee” there shall be
substituted the words “conferred upon the Minister by this Law, he or
she”;
(b) for the proviso to paragraph (5) there
shall be substituted the following proviso –
“Provided that the Minister, before making any recommendation to
the States as aforesaid, shall give notice in writing to the board of the
action which the Minister proposes to take and shall take into consideration
any representations which the board may make within such delay (not being less
than 2 weeks) as may be specified in the notice.”.
(6) In Article 7 –
(a) in paragraph (5) for the words
“conferred upon it by this Law, the Committee” there shall be
substituted the words “conferred upon the Minister by this Law, he or
she”;
(b) for the proviso to paragraph (5) there
shall be substituted the following proviso –
“Provided that the Minister, before taking any action under
this paragraph, shall give notice in writing to the board of the action which
the Minister proposes to take and shall take into consideration any
representations which the board may make within such delay (not being less than
2 weeks) as may be specified in the notice.”.
(7) In Article 14 –
(a) in the heading the words “by
Committee” shall be deleted;
(b) in paragraph (3) for the words
“which it proposes to take and of its reasons for taking it” there
shall be substituted the words “which the Minister proposes to take and
of his or her reasons for taking it”;
(c) in paragraph (3) for the words “until
it has considered” there shall be substituted the words “until the
Minister has considered”;
(d) in paragraph (4) for the words “as
it thinks fit” in each place where they appear there shall be substituted
the words “as the Minister thinks fit”;
(e) in paragraph (5)(b) for the words
“it thinks” there shall be substituted the words “the
Minister thinks”;
(f) in the proviso to paragraph (5) for
the words “in its opinion” there shall be substituted the words
“in the Minister’s opinion”.
(8) In Article 15 –
(a) in the heading the words “by
Committee” shall be deleted;
(b) in paragraph (1) for the words “if
it considers” there shall be substituted the words “if the Minister
considers”;
(c) in paragraph (3) for the words
“which it intends” there shall be substituted the words
“which the Minister intends”.
7 Registration
of Business Names (Jersey) Law 1956 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Registration of Business Names (Jersey)
Law 1956.[8]
(2) In
Article 1(1) –
(a) the
definition “Committee” shall be deleted;
(b) after
the definition “limited partnership” there shall be inserted the
following definition –
“ ‘Minister’
means the Minister for Economic Development;”;
(c) in
the definition “prescribed” for the word “Committee” there
shall be substituted the word “Minister”.
(3) In
Article 19(1), (2)(b) and (3), for the word “Committee”, in each
place where it appears, there shall be substituted the word
“Minister”.
8 Patents
(Jersey) Law 1957 – amended
In Article 13(6) of the Patents
(Jersey) Law 1957[9] for the words “any Committee
of the States” there shall be substituted the words “the Minister
for Economic Development”.
9 Registered
Designs (Jersey) Law 1957 – amended
In Article 14(6) of the Registered
Designs (Jersey) Law 1957[10] for the words “any Committee
of the States” there shall be substituted the words “the Minister
for Economic Development”.
10 Merchandise
Marks (Jersey) Law 1958 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Merchandise Marks (Jersey) Law 1958.[11]
(2) In
Article 8(1) –
(a) the
definition “Committee” shall be deleted;
(b) in
the definition “Her Majesty’s Dominions” for the word
“Committee” there shall be substituted the word
“Minister”;
(c) after
the definition “indication of origin” there shall be inserted the
following definition –
“ ‘Minister’
means the Minister for Economic Development;”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
10(3);
(b) Article
11(1), (2) and (3);
(c) Article
13(5) and (6).
(4) In
Articles 10(3) and 13(5) for the words “made to it” in each place
where they appear there shall be substituted the words “made to him or
her”.
(5) In
Article 11(2) for the words “its powers” there shall be
substituted the words “his or her powers”.
(6) In
Article 15(1) for the words “officer of the Committee duly
authorized in that behalf” there shall be substituted the words “officer
in an administration of the States for which the Minister is assigned
responsibility, being an officer duly authorized in that behalf,”.
11 Dogs
(Jersey) Law 1961 – amended
In Article 14 of the Dogs
(Jersey) Law 1961[12] for the words “the
power of the Economic Development Committee to make Orders as to dogs by virtue
of Article 22 of the Diseases of
Animals (Jersey) Law 1956.” there shall be substituted the
words “the power, by virtue of Article 22 of the Diseases of Animals (Jersey) Law 1956, of
the Minister for Environment to make Orders as to dogs.”.
12 Protection
of Birds (Jersey) Law 1963 – amended
In Article 1 of the Protection
of Birds (Jersey) Law 1963[13] the definition “Committee”
shall be deleted.
13 Gambling
(Jersey) Law 1964 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Gambling (Jersey) Law 1964.[14]
(2) In
Article 1(1) the definition “Committee” shall be deleted.
(3) In
Article 3(2)(a), for the word “Committee” there shall be substituted
the words “Minister for Economic Development”.
14 Consumer
Protection (Jersey) Law 1964 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Consumer Protection (Jersey) Law 1964.[15]
(2) In
Article 1 –
(a) the
definition “Committee” shall be deleted;
(b) after
the definition “hire-purchase agreement” there shall be inserted
the following definition –
“‘Minister’
means the Minister for Economic Development;”;
(c) in
the definition “prescribed” for the word “Committee” there
shall be substituted the word “Minister”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
2(1) and (5);
(b) Article
3(5);
(c) paragraph
1(1) and (2) of the Schedule;
(d) paragraph
2 of the Schedule;
(e) paragraph
3 of the Schedule.
(4) In
Article 2(5) for the word “it” there shall be substituted the words
“the Minister”.
15 Hawkers
and Non-Resident Traders (Jersey) Law 1965 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Hawkers and Non-Resident Traders
(Jersey) Law 1965.[16]
(2) In
Article 1 –
(a) the
definition “Committee” shall be deleted;
(b) after
the definition “licence” there shall be inserted the following
definition –
“ ‘Minister’
means the Minister for Economic Development;”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
2(1), (2), (5) and (7)(a) and (b);
(b) Article
3;
(c) Article
11(1) and (3).
(4) For
Article 2(6) there shall be substituted the following paragraph –
“(6) The Minister may appoint such
other authority as he or she thinks fit to grant licences on the Minister’s
behalf and may pay to such other authority, out of the fees received for the
grant of licences, such sum as may be agreed between the Minister and the
authority so appointed, to cover the costs involved in the granting of
licences.”.
(5) For
Article 12(1) there shall be substituted the following paragraph –
“(1) The Minister may, at his or
her absolute discretion, grant exemptions from all or any of the provisions of
this Law in the case of any person or class of persons, and may attach to any
exemption such conditions as the Minister thinks fit and may vary such
conditions at any time or withdraw the exemption.”.
16 Agriculture
(Guaranteed Prices and Financial Assistance) (Jersey) Law 1965 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Agriculture (Guaranteed Prices and
Financial Assistance) (Jersey) Law 1965.[17]
(2) In
Article 1(1) –
(a) in
the definition “approved” for the word “Committee”
there shall be substituted the word “Minister”;
(b) the
definition “Committee” shall be deleted;
(c) after
the definition “livestock” there shall be inserted the following
definition –
“ ‘Minister’
means the Minister for Economic Development;”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
1(2)(b);
(b) Article
2(2) and (3);
(c) Article
3(1), (2)(a), (b) and (c), (3), and (4);
(d) Article
4(1) and (2)(b);
(e) Article
5(1);
(f) Article
6(1);
(g) Article
7(1) and (2)(a)(iii) and (b)(iv);
(h) Article
8(1);
(i) Article
10;
(j) Article
11(1) and (2);
(k) Article
12(2).
17 Places
of Refreshment (Jersey) Law 1967 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Places of Refreshment (Jersey) Law 1967.[18]
(2) In
Article 1(1) –
(a) the
definition “Committee” shall be deleted;
(b) after
the definition “contravene” there shall be inserted the following
definition –
“‘Minister’
means the Minister for Economic Development;”;
(c) in
the definition “prescribed” for the word “Committee”
there shall be substituted the word “Minister”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
4(1), (2) and (3);
(b) Article
5;
(c) Article
6(1) and (6);
(d) Article
7(1), (2)(f), (3), (5) and (7);
(e) Article
8(1) and (2);
(f) Article
9(1) and (3);
(g) Article
10(1) and (2);
(h) Article
11(1);
(i) Article
13(3) and (5);
(j) Article
14(1).
(4) In
Article 3, for the words “Committee, in its absolute
discretion” there shall be substituted the words “Minister, in his
or her absolute discretion”.
(5) In
Article 6 –
(a) in
paragraph (2) for the words “Committee may attach such conditions as
it thinks fit” there shall be substituted the words “Minister may
attach such conditions as he or she thinks fit”;
(b) in
paragraph (7)(a) for the word “Committee” where firstly
occurring there shall be substituted the word “Minister”;
(c) in
paragraph (7)(a) for the words “Committee confirmation in writing of
its approval” there shall be substituted the words “Minister confirmation
in writing of the Minister’s approval”;
(d) in
paragraph (7)(b) for the word “Committee” where firstly
occurring there shall be substituted the word “Minister”;
(e) in
paragraph (7)(b) for the words “Committee confirmation in writing
that it is” there shall be substituted the words “Minister confirmation
in writing that the Minister is”;
(f) in
paragraph (7)(b) for the word “Committee” where thirdly occurring
there shall be substituted the word “Minister”.
(6) In
Article 10 –
(a) in
paragraph (1) for the words “unless it has given to the applicant or
the proprietor, as the case may be, not less than 7 days’ notice in
writing of its intention to do so and of its reasons” there shall be
substituted the words “unless the Minister has given to the applicant or
the proprietor, as the case may be, not less than 7 days’ notice in
writing of the Minister’s intention to do so and reasons”;
(b) in
paragraph (2) for the words “it shall give the applicant or
proprietor notice in writing of its decision” there shall be substituted
the words “the Minister shall give the applicant or proprietor notice in writing
of the decision”.
(7) For
Article 15(1)(a) there shall be substituted the following
sub-paragraph –
“(a) to the Minister may be given
by leaving it at an office of an administration of the States for which the
Minister is assigned responsibility;”.
18 Weights
and Measures (Jersey) Law 1967 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Weights and Measures (Jersey) Law 1967.[19]
(2) In
Article 1(1) –
(a) the
definition “Committee” shall be deleted;
(b) in
the definition “designated country” for the word
“Committee” in each place where it appears there shall be
substituted the word “Minister”;
(c) after
the definition “mark” there shall be inserted the following
definition –
“ ‘Minister’
means the Minister for Economic Development;”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
2(1), (3) and (4);
(b) Article
3;
(c) Article
4;
(d) Article
6;
(e) Article
8(1), (2) and (4);
(f) Article
9(1), (2) and (3);
(g) Article
11(7) and (9);
(h) Article
12(4);
(i) Article
13(1) and (2);
(j) Article
17(1);
(k) the
heading to Article 18;
(l) Article
18(1) and (2);
(m) Article
20(2), (3), (4) and (5);
(n) Article
22(4);
(o) Article
27(1) and (4);
(p) Article
28(2);
(q) Article
31;
(r) Article
32(3);
(s) Article
38(1);
(t) Article
39(1);
(u) Article
40;
(v) item
3 of Part 1 of Schedule 1;
(w) item 2 of
Part 4 of Schedule 1;
(x) item
3 of Part 5 of Schedule 1;
(y) item
1 of Part 6 of Schedule 1;
(z) paragraph
5 of Part 7 of Schedule 3;
(aa) paragraph
5 of Part 1 of Schedule 5;
(ab) paragraph
2(4) of Part 2 of Schedule 5.
(4) In
Article 2(4) for the word “it” there shall be substituted the
words “he or she”.
(5) In Article 8(4)
for the word “it” there shall be substituted the words “he or
she”.
(6) In
Article 11(8) for the words “Committee after consultation with the
Health and Social Services Committee” there shall be substituted the
words “Minister after consultation with the Minister for Health and
Social Services”.
(7) In
Article 11(9) for the word “its” there shall be substituted
the words “his or her”.
(8) In
Article 12(4) and the heading to Article 40 for the word “Committee’s”
there shall be substituted the word “Minister’s”.
(9) In
Article 13(2) for the words “it thinks” in each place where
they appear there shall be substituted the words “he or she thinks”.
(10) In
Article 18(2) for the word “it” there shall be substituted the
words “he or she”.
(11) In Article 31
for the word “on its behalf,” there shall be substituted the words
“, on the Minister’s behalf,”.
(12) In
paragraph 1(c) of Part 6 of Schedule 3 for the words
“Committee may allow as appearing to it” there shall be substituted
the words “Minister may allow as appearing to him or her”.
19 Post
Office (Jersey) Law 1969 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Post Office (Jersey) Law 1969.[20]
(2) In
the long title for the words “Committee for Postal Administration”
there shall be substituted the word “Minister”.
(3) In
Article 1(1) –
(a) the
definition “Committee” shall be deleted;
(b) in
the definition “mail” for the words “Committee in the
exercise of its” there shall be substituted the words “Minister in
the exercise of his or her”;
(c) after
the definition “master” there shall be inserted the following
definition –
“ ‘Minister’
means the Minister for Economic Development;”.
(4) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
1(1), definition “cash on delivery service”;
(b) Article
1(1), definition “postage stamp”;
(c) Article
1(1), definition “post office letter box”;
(d) Article
2(3);
(e) Article
3(1) and (2);
(f) the
heading to Article 5;
(g) the
heading to Article 6;
(h) Article
7(1);
(i) Article
8(1) and (2)(c);
(j) Article
9(1) and (2);
(k) Article
10(1) and (5);
(l) Article
11(1), (2), (4), (5) and (8);
(m) Article
12;
(n) Article
13;
(o) Article
14(2);
(p) Article
15(1);
(q) Article
18(3);
(r) Article
20(1), (2) and (3);
(s) Article
21(1) and (2);
(t) Article
22(3), (4) and (5);
(u) Article
27;
(v) Article
35;
(w) Article
36;
(x) Article
39(1) ;
(y) the
heading to the Schedule.
(5) Article
4 shall be repealed.
(6) In
Article 5 for the words “Committee in the exercise of its”
there shall be substituted the words “Minister in the exercise of his or
her”.
(7) For
Article 6(1) there shall be substituted the following
paragraph –
“(1) In addition to the powers
specifically conferred and the duties imposed on the Minister by this Law, the
Minister may, from time to time –
(a) make provision for such post offices within
Jersey as the Minister thinks expedient;
(b) collect, receive, forward, convey and
deliver in such manner as the Minister thinks expedient all postal packets
transmitted within, to or from Jersey;
(c) perform services for the States or for any
Minister or for the government of the United Kingdom or for the government of
any country or territory outside Jersey or for any foreign postal
administration on such terms and conditions as the Minister may think fit;
(d) perform such services on behalf of the
bodies set out in the Schedule to this Law as the Minister thinks fit;
(e) enter into contracts with any person for or
in respect of the carriage of postal packets by such means and on such terms
and conditions as the Minister may think fit;
(f) generally do all other things which,
in the Minister’s opinion, are necessary or desirable to facilitate the
proper administration of the postal service in Jersey.”.
(8) For
Article 8(3) there shall be substituted the following paragraph –
“(3) In prescribing or otherwise
determining postage and other sums payable under this Law, the Minister may
take into consideration such matters as he or she thinks fit, and such postage
and other sums may be prescribed or otherwise determined so as to raise income
in excess of the amount necessary to cover the expenses of the Minister in
discharging his or her functions under this Law.”.
(9) For
Article 9(3) there shall be substituted the following paragraph –
“(3) For the purpose of cancelling
stamps used for the payment of postage on postal packets, the Minister may
cause to be used such words or devices as he or she thinks fit and, where the
words or devices so used constitute an advertisement, may charge the sponsor of
the advertisement for the use thereof.”.
(10) In
Article 15(2) –
(a) for
the words “Committee for Postal Administration” there shall be substituted
the word “Minister”;
(b) for
the words “Committee as aforesaid” there shall be substituted the
word “Minister”.
(11) For Article
16(1) there shall be substituted the following paragraph –
“(1) The Minister may from time to
time, on receiving such security as he or she thinks fit and on such terms and
conditions as he or she thinks fit, cause or permit to be issued to any person
stamping machines for making impressions denoting the sign of postage and the
amount of stamp values and for recording any such amounts.”.
(12) For Article
40(1) there shall be substituted the following paragraph –
“(1) The Minister may by Order
prescribe anything which the Minister may under this Law prescribe.”.
20 Regulation
of Undertakings and Development (Jersey) Law 1973 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Regulation of Undertakings and
Development (Jersey) Law 1973.[21]
(2) In
Article 1(1) –
(a) the
definition “Committee” shall be deleted;
(b) after
the definition “licence” there shall be inserted the following
definition –
“ ‘Minister’
means the Minister for Economic Development;”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
3;
(b) Article
5;
(c) Article
7(1) and (2)(c);
(d) Article
9(1).
(4) For
Article 6 there shall be substituted the following Article –
(1) The Minister may grant a licence either
unconditionally or subject to such conditions as he or she considers
appropriate, or may refuse the grant of a licence.
(2) In deciding whether to grant a licence, to
impose conditions, or to refuse to grant a licence the Minister shall have
regard to the need to regulate and manage demand on the resources of Jersey,
and to protect the integrity of Jersey in commercial and financial matters.
(3) Any condition attached by the Minister to
any licence shall be binding and enforceable against all persons for the time
being having any estate or interest in the land on which the undertaking is to
be operated or on which the development to which the licence relates is to be
carried out.
(4) Where the Minister refuses the grant of a
licence, or attaches any condition to the grant of a licence, he or she shall
furnish to the applicant a statement in writing of the reasons for that
decision.
(5) Subject to paragraph (6), a licence
granted under this Article may be revoked by the Minister if he or she is
satisfied that –
(a) any information furnished in connection with
the application for the licence was false or misleading in a material
particular; or
(b) there has been a failure to comply with any
condition subject to which the licence was granted.
(6) The Minister shall not revoke a licence
unless he or she has given to the person for the time being operating the
undertaking or carrying out the development to which the licence relates not
less than 14 days notice in writing of the intention so to do and a statement
in writing of the reasons for so doing.
(7) Any person aggrieved by the decision of the Minister
to refuse the grant of a licence, to revoke a licence or by any condition
attached to the licence, may appeal, either in term or in vacation, to the
Royal Court, in the case of a refusal to grant a licence or the attaching of
any condition to the licence, within 2 months of the date of the
notification of the Minister in the matter, and in the case of a revocation of a
licence within 14 days of the date of the notification of the Minister in
the matter on the ground that the decision of the Minister was unreasonable
having regard to all the circumstances of the case.
(8) If there is an appeal against revocation of
a licence the revocation shall not take effect either until the appeal is
abandoned or determined or until the expiration of a period of 6 months,
whichever event occurs first.
(9) If any person, after the date a revocation
takes effect under this Article, carries on the undertaking or carries out the
development, as the case may be, in respect of which the licence was granted
the person shall be guilty of an offence and shall be liable to a fine, and if
the offence continues after conviction the person shall be guilty of a further
offence and liable to a fine for each day on which the offence continues.”.
(5) For
Article 10 there shall be substituted the following Article –
Neither the States, nor the Minister
nor a person who is, or is acting as, an officer, servant or agent, in an
administration of the States for which the Minister is assigned responsibility,
or performing any duty or exercising any power on behalf of the Minister, shall
be liable in damages for anything done or omitted in the discharge or purported
discharge of any functions under this Law or any enactment made or purportedly
made under this Law, unless it is shown that the act or omission was in bad
faith.”.
21 Agriculture
(Loans and Guarantees) (Jersey) Law 1974 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Agriculture (Loans and Guarantees)
(Jersey) Law 1974.[22]
(2) In
Article 1 –
(a) in
paragraph (1) in the definition “approved”, for the word
“Committee” there shall be substituted the word “Minister”;
(b) in
paragraph (1) the definition “Committee” shall be deleted;
(c) in
paragraph (1) for the definition “loan” there shall be
substituted the following definitions –
“ ‘loan’ means a loan, other than a bank loan,
made under this Law;
‘Minister’ means
the Minister for Economic Development.”;
(d) in
paragraph (2) for the word “Committee” there shall be
substituted the word “Minister”.
(3) In
Article 2 –
(a) for
paragraph (2)(f) there shall be substituted the following
sub-paragraph –
“(f) may prescribe matters on
which the Minister shall be required to be satisfied before a loan is made, the
conditions to be observed in relation to any loan and the powers of the
Minister in the event of a breach of such conditions;”;
(b) in
paragraph (2)(i) for the word “Committee” there shall be
substituted the word “Minister”;
(c) for
paragraph (2)(k) there shall be substituted the following
sub-paragraph –
“(k) may prescribe the
circumstances in which an officer in an administration of the States for which
the Minister is assigned responsibility, or a person authorized in writing by
the Minister, shall be permitted to enter on or inspect any agricultural
land;”.
22 Licensing
(Jersey) Law 1974 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Licensing (Jersey) Law 1974.[23]
(2) In
Article 1(1) –
(a) the
definition “Committee” shall be deleted;
(b) after
the definition “member of the public” there shall be inserted the
following definition –
“ ‘Minister’
means the Minister for Economic Development;”;
(c) in
the definition “prescribed” for the word “Committee”
there shall be substituted the word “Minister”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
3(2)(b);
(b) Article
5(5)(a);
(c) Article
6(14);
(d) Article
8(3);
(e) Article
10(3)(b);
(f) Article
18(3);
(g) Article
19(1);
(h) Article
40(2);
(i) Article
94(1).
(4) In
Article 6 –
(a) in
paragraph (8) for the words “Economic Development Committee”
there shall be substituted the words “administration of the States
responsible for tourism”;
(b) in
paragraph (8) for the words “Committee under” there shall be
substituted the words “Minister for Economic Development under”.
(5) For
Article 92(2) there shall be substituted the following paragraph –
“(2) Before granting a licence to
which this Article relates the Licensing Assembly shall have regard to any
recommendations made by the Minister (if any) assigned responsibility for the
administration of the place, or institution, referred to in paragraph
(1).”.
23 Company
Securities (Insider Dealing) (Jersey) Law 1988 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Company Securities (Insider Dealing)
(Jersey) Law 1988.[24]
(2) In
Article 1(1) –
(a) the
definition “Committee” shall be deleted;
(b) after
the definition “enactment” there shall be inserted the following
definition –
“‘Minister’
means the Minister for Economic Development;”;
(c) in
the definition “recognized investment exchange” for the word
“Committee” there shall be substituted the word
“Minister”;
(d) in
the definition “recognized stock exchange” for the word
“Committee” there shall be substituted the word “Minister”.
(3) In
Article 9 –
(a) in
paragraph (4)(b) for the words “any Committee of the States”
there shall be substituted the words “an officer or employee in an
administration of the States”;
(b) for
paragraph (5) there shall be substituted the following
paragraph –
“(5) If it appears to the Minister
that the members, officers or employees of or any person otherwise connected
with any body appearing to the Minister to exercise public functions may have
access to unpublished price sensitive information relating to securities, the
Minister may by Order declare that those persons are to be public servants for
the purposes of this Article.”.
(4) In
Article 15 –
(a) for
paragraph (1) there shall be substituted the following
paragraph –
“(1) If it appears to the Minister
or the Commission that there are circumstances suggesting –
(a) that there may have been a contravention of
Article 8, 9, 11 or 12; or
(b) that there may have been a contravention of
the laws of another country or territory relating to insider dealing and that a
person in Jersey –
(i) may
have been concerned (directly or indirectly) in any such contravention, or
(ii) may
have information or documents which may be of assistance in the investigation
of any such contravention,
he, she or it may appoint one
or more competent inspectors to carry out such investigations as are requisite
to establish whether or not any such contravention has occurred and to report
the results of their investigations to him, her or it.”;
(b) for
paragraph (5) there shall be substituted the following
paragraph –
“(5) The inspectors shall make
such interim reports to the Minister or the Commission as they think fit or the
Minister or the Commission may direct and on the conclusion of the
investigation they shall make a final report to the Minister or the Commission.”.
(5) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
15(8)(b) and (9);
(b) Article
20(1) and (2).
(6) For
Article 19(2)(b) there shall be substituted the following
sub-paragraph –
“(b) the Minister or any person
who is, or is acting as, an officer, servant or agent in an administration of
the States for which the Minister is assigned responsibility or who is an
inspector appointed by the Minister under Article 15 or who is performing
any duty or exercising any power on behalf of the Minister; and”.
24 Collective
Investment Funds (Jersey) Law 1988 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Collective Investment Funds (Jersey)
Law 1988.[25]
(2) In
Article 1 –
(a) the
definition “Committee” shall be deleted;
(b) after
the definition “holding company” there shall be inserted the
following definition –
“ ‘Minister’
means the Minister for Economic Development;”;
(c) in
the definition “prescribed” for the word “Committee” there
shall be substituted the word “Minister”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
4(2);
(b) Article
7(4);
(c) Article
11(1) and (2);
(d) Article
14(1);
(e) Article
20(1) and (3);
(f) Article
32(4).
(4) For
Article 7(6) there shall be substituted the following paragraph –
“(6) In exercising its or his or
her powers under paragraphs (1), (3) and (4) of this Article the Commission or
the Minister as the case may be, shall have regard to the matters referred to
in Article 6(3).”.
(5) For
Article 20(2) there shall be substituted the following paragraph –
“(2) In prescribing fees for the
purposes of this Law, the Minister may take into consideration such matters as he
or she thinks fit, and such fees may be prescribed so as to raise income in
excess of the amount necessary to cover the expenses of the Minister and the
Commission in discharging their respective functions under this Law.”.
(6) For
Article 36(2)(b) there shall be substituted the following
sub-paragraph –
“(b) the Minister or any person
who is, or is acting as, an officer, servant or agent in an administration of
the States for which the Minister is assigned responsibility or who is
performing any duty or exercising any power on behalf of the Minister;
and”.
25 Bankruptcy
(Désastre) (Jersey) Law 1990 – amended
For Article 48(2)(b) of the Bankruptcy
(Désastre) (Jersey) Law 1990[26] there shall be substituted
the following sub-paragraph –
“(b) the Minister for Economic
Development or any person who is, or is acting as, an officer, servant or agent
in an administration of the States for which the Minister is assigned
responsibility or who is performing any duty or exercising any power on behalf
of that Minister;”.
26 Video
Recordings (Jersey) Law 1990 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Video Recordings (Jersey) Law 1990.[27]
(2) In
Article 1(7) for the definition “Committee” there shall be inserted
the following definition –
“‘Minister’ means the Minister for Economic
Development;”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) the
heading to Article 4;
(b) Article
4(1) and (3);
(c) Article
13(1) and (3).
(4) For
Article 4(2) there shall be substituted the following paragraph –
“(2) Where the Minister requires
any such alteration as is referred to in paragraph (1) to be made, he or
she shall also require such alterations as he or she thinks fit and in such
manner as he or she thinks fit to be made to the labelling of the video
recording, spool, case or other thing on or in which the video recording is
kept.”.
(5) For
Article 12 there shall be substituted the following Article –
(1) If the Bailiff is satisfied by information
on oath laid by a Police Officer, or officer in an administration of the States
for which the Minister is assigned responsibility, that there are reasonable
grounds for suspecting –
(a) that an offence under this Law has been or
is being committed on any premises; and
(b) that evidence that the offence has been or
is being committed is on those premises,
the Bailiff may issue a
warrant authorizing any Police Officer named therein, or officer named therein
being an officer in an administration of the States for which the Minister is
assigned responsibility, to enter and search the premises within one month from
the date of issue of the warrant.
(2) Any Police Officer, or officer in an
administration of the States for which the Minister is assigned responsibility,
entering or searching any premises in pursuance of a warrant under
paragraph (1) may use reasonable force if necessary and may seize anything
found there which the officer has reasonable grounds to believe may be required
to be used in evidence in any proceedings for an offence under this Law.”.
27 Banking
Business (Jersey) Law 1991 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Banking Business (Jersey) Law 1991.[28]
(2) In
Article 1(1) –
(a) in
the definition “authorization” for the word “Committee”
there shall be substituted the word “Minister”;
(b) the
definition “Committee” shall be deleted;
(c) after
the definition “manager” there shall be inserted the following
definition –
“ ‘Minister’
means the Minister for Economic Development;”;
(d) in
the definition “prescribed” for the word “Committee” there
shall be substituted the word “Minister”;
(e) in
the definition “relevant supervisory authority” for the word
“Committee” there shall be substituted the word “Minister”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
5(1) and (3);
(b) Article
8(3);
(c) Article
9(1);
(d) Article
11(1);
(e) Article
20(1) and (2)(c);
(f) Article
34(5);
(g) Article
51(1) and (2).
(4) For
Article 7(2)(b) there shall be substituted the following
sub-paragraph –
“(b) the Minister or any person
who is, or is acting as, an officer, servant or agent in an administration of
the States for which the Minister is assigned responsibility, or who is performing
any duty or exercising any power on behalf of the Minister; and”.
(5) In
Article 11(1) for the word “it” there shall be substituted the
words “he or she”.
(6) In
Article 51(2) for the word “it” there shall be substituted the
words “he or she”.
28 Companies
(Jersey) Law 1991 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Companies (Jersey) Law 1991.[29]
(2) In
Article 1(1) –
(a) the
definition “Committee” shall be deleted;
(b) after
the definition “merged company” there shall be inserted the
following definition –
“ ‘Minister’
means the Minister for Economic Development;”;
(c) in
the definition “prescribed” for the word “Committee” there
shall be substituted the word “Minister”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
2(5);
(b) Article
6(1);
(c) Article
17C;
(d) Article
29(1);
(e) Article
39B(6);
(f) Article
42(6);
(g) Article
49(9);
(h) Article
50(3);
(i) Article
51A(1), (2)(f) and (3);
(j) Article
71(5);
(k) Article
78(1);
(l) Article
82(3);
(m) Article
106(5);
(n) the
heading to Article 113D;
(o) Article
113D;
(p) Article
127D(5);
(q) Article
127X(1);
(r) Article
128(1), (3) and (5);
(s) Article
129(2);
(t) Article
135(1) and (2);
(u) Article
136(1), (2) and (3);
(v) Article
137(1), (2), (3), (5) and (6);
(w) Article
138(1);
(x) Article
139;
(y) the
heading to Article 142;
(z) Article
142(1) and (2);
(aa) Article
184(2);
(ab) Article
185(1);
(ac) Article
188(2);
(ad) Article
199(1);
(ae) Article
201(1) and (4);
(af) Article
219(1), (1A) and (1B);
(ag) Article
220(2);
(ah) the item
relating to Article 29(3) in Schedule 1;
(ai) the
item relating to Article 143(5) in Schedule 1.
(4) In
Articles 49(9)(a) and 219(1B) for the word “it” there shall be
substituted the words “he or she”.
(5) In
Article 51A(2)(f)(v) for the word “its” there shall be substituted
the words “the Minister’s”.
(6) In
Article 136(1) the word “itself” shall be deleted.
(7) In
Article 185(1) for the word “its” there shall be substituted
the word “the”.
(8) For
Article 217A(2)(b) there shall be substituted the following
sub-paragraph –
“(b) the Minister or any person
who is, or is acting as, an officer, servant or agent in an administration of
the States for which the Minister is assigned responsibility or who is an
inspector appointed by the Minister under Article 128 or who is performing
any duty or exercising any power on behalf of the Minister; and”.
29 Limited
Partnerships (Jersey) Law 1994 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Limited Partnerships (Jersey) Law 1994.[30]
(2) In
Article 1(1) –
(a) the
definition “Committee” shall be deleted;
(b) after
the definition “limited partnership” there shall be inserted the
following definition –
“ ‘Minister’
means the Minister for Economic Development;”;
(c) in the
definition “prescribed” for the word “Committee” there
shall be substituted the word “Minister”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
31(1) and (4);
(b) Article
38(1), (2), (3)(b) and (4).
(4) In
Article 38(2) for the word “it” there shall be substituted the
words “he or she”.
30 Insurance
Business (Jersey) Law 1996 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Insurance Business (Jersey) Law 1996.[31]
(2) In
Article 1(1) –
(a) the
definition “Committee” shall be deleted;
(b) after
the definition “member state” there shall be inserted the following
definition –
“ ‘Minister’
means the Minister for Economic Development;”;
(c) in
the definition “prescribed” for the word “Committee” there
shall be substituted the word “Minister”;
(d) in
the definition “relevant supervisory authority” for the word
“Committee” there shall be substituted the word “Minister”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
5(5)(f);
(b) Article
6(2);
(c) Article
7(8);
(d) Article
21(3);
(e) Article
24(1);
(f) Article
35(1) and (2)(c);
(g) Article
41(1) and (2);
(h) paragraph
4(c) of Schedule 2;
(i) paragraph
6(a) of Schedule 2;
(j) paragraph
11 of Schedule 2.
(4) For
Article 4(2)(b) there shall be substituted the following
sub-paragraph –
“(b) the Minister or any person
who is, or is acting as, an officer, servant or agent in an administration of
the States for which the Minister is assigned responsibility or who is
performing any duty or exercising any power on behalf of the Minister;
and”.
(5) In
Article 41(2) for the word “it” there shall be substituted the
words “he or she”.
31 Limited
Liability Partnerships (Jersey) Law 1997 – amended
(1) In
paragraphs (2) – (4) of this Regulation, any reference to a
provision is a reference to the provision in the Limited Liability Partnerships (Jersey) Law 1997.[32]
(2) In
Article 1(1) –
(a) the
definition “Committee” shall be deleted;
(b) after
the definition “loss” there shall be inserted the following
definition –
“ ‘Minister’
means the Minister for Economic Development;”;
(c) in
the definition “prescribed” for the word “Committee”
there shall be substituted the word “Minister”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
37(1) and (4);
(b) Article
46(1), (2), (4) and (5).
(4) In
Article 46(2) for the word “it” there shall be substituted the
words “he or she”.
32 Air
Transport Permits (Jersey) Law 1998 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Air Transport Permits (Jersey) Law 1998.[33]
(2) In
Article 1(1) –
(a) the
definition “the Authority” shall be deleted;
(b) after
the definition “flight” there shall be inserted the following
definition –
“‘Minister’
means the Minister for Economic Development;”;
(c) for
the definition “relevant date” there shall be substituted the following
definition –
“‘relevant
date’ means, in relation to an appeal, the date on which –
(a) the appeal is abandoned;
(b) the decision of the Minister is upheld by
the Court; or
(c) the Minister, having reconsidered his or her
decision at the direction of the Court, notifies the appellant of the
Minister’s further decision,
whichever shall be the
earlier;”.
(3) In
the following provisions, for the word “Authority”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
3 (3), (4), (5) and (6)(c);
(b) Article
4;
(c) Article
6(1), (3), (4) and (5);
(d) Article
7;
(e) Article
8(1), (2), (5) and (6);
(f) Article
9(1) and (5);
(g) Article
10(2) and (3);
(h) Article
12(2);
(i) Article
14(2);
(j) Article
16(1) and (5);
(k) Article
18(2).
(4) In
Articles 2(2)(b)(ii) and 17(2) for the words “Jersey Transport Authority”
there shall be substituted the word “Minister”.
(5) In
Article 3 –
(a) for
paragraph (2) there shall be substituted the following
paragraph –
“(2) The Minister shall refuse to
consider an application made less than 10 working days before the date on which
the permit or variation of a permit is proposed to take effect
unless –
(a) he or she is satisfied that, for
reasons of urgency, it is desirable to do so; and
(b) he or she is of the opinion that
the interests of any persons interested or of Jersey are unlikely to be
prejudiced thereby.”;
(b) in paragraph (5)
for the word “it” there shall be substituted the words “the
Minister”.
(6) For
Article 5 there shall be substituted the following Article –
(1) Where the Minister agrees to consider an
application made less than 6 months before the date on which the permit or
variation of a permit is proposed to take effect, the Minister may vary both or
either of the time limits referred to in Article 3(4) and in
Article 4.
(2) Where the Minister agrees to consider an
application made less than 10 working days before the date on which the permit
or variation of a permit is proposed to take effect, the Minister may vary or
dispense with all or any of the requirements or rights in Article 3(4) and
in Article 4.”.
(7) For
Article 6(6) and (7) there shall be substituted the following paragraphs –
“(6) Where the Minister proposes
to refuse the grant or variation of a permit, or to grant or vary a permit on
terms different from those proposed in the application, he or she shall by
notice –
(a) inform
the applicant and any persons from whom the Minister received representations of the proposals; and
(b) invite
the applicant and such persons to make representations or, if the Minister so wishes, oral
representations, about the proposals to the Minister no later than such date or on such day as is specified in the
notice.
(7) The Minister shall, as soon as possible
after he or she has made a decision, notify the applicant of that decision and,
where the decision is to refuse the application, or grant or vary a permit on
terms other than those requested in the application, the Minister shall also
notify the applicant of the reasons for the decision.”.
(8) In
Article 8 –
(a) for
paragraph (4) there shall be substituted the following paragraph –
“(4) The Minister may, if he or
she considers it appropriate to do so, vary, suspend or revoke a permit other
than on an application by the permit holder pursuant to Article 3 or 7, as
the case may be.”;
(b) for
paragraph (7) there shall be substituted the following paragraph –
“(7) Where a permit is varied,
suspended or revoked in pursuance of paragraph (4), the Minister shall, as
soon as possible after Minister has made the decision, notify the permit holder
of that decision and the reasons for it.”.
(9) In
Article 9 –
(a) in
paragraphs (2) and (4) the word “Authority’s” shall be
deleted in each place where it appears;
(b) for
paragraph (3) there shall be substituted the following paragraph –
“(3) On an appeal against the
decision of the Minister, the Court may uphold the decision of the Minister or
direct the Minister to reconsider the decision.”.
(10) For
Article 10(1) there shall be substituted the following paragraph –
“(1) Subject to paragraphs (2)
and (3), the Minister shall, within 14 days of the date on which he or she
makes a decision to grant, refuse to grant, vary, suspend or revoke a permit,
cause to be advertised in the Jersey Gazette a notice of the decision.”.
(11) For
Article 11 there shall be substituted the following Article –
It shall be the duty of the Minister to perform his or her
functions under this Law in the manner which he or she considers is in the best
interests of persons using or likely to use air transport services between Jersey and other places in the
British Islands and also of Jersey.”.
(12) For
Article 12(1)(a) there shall be substituted the following
sub-paragraph –
“(a) setting
out the policies he or she intends to adopt in performing his or her functions
under this Law;”.
(13) For
Article 13 there shall be substituted the following Article –
Where the Minister has reason to believe that an aircraft is
intended to be used in contravention of the requirements in Article 2(1) on a particular flight
beginning in Jersey, the Minister may –
(a) give to the person appearing to the Minister
to be in command of the aircraft a direction that the person shall not permit
the aircraft to take off until the Minister has informed him or her that the
direction is cancelled;
(b) whether or not the Minister has given such a
direction, detain the aircraft until satisfied that the aircraft will not be
used in contravention of the requirements in Article 2(1).”.
33 Financial
Services Commission (Jersey) Law 1998 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Financial Services Commission (Jersey)
Law 1998.[34]
(2) In
Article 1(1) –
(a) the
definition “Committee” shall be deleted;
(b) after
the definition “financial services” there shall be inserted the
following definition –
“ ‘Minister’
means the Minister for Economic Development;”;
(c) in
the definition “transferred function” the words “from the Committee”
shall be deleted.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
2(4);
(b) Article
3(2)(a) and (b) and (4);
(c) Article
5(1)(c);
(d) Article
12(1) and (2);
(e) Article
16(2);
(f) Article
17(1) and (2);
(g) Article
18;
(h) Article
19(1);
(i) Article
21(2) and (3)(a);
(j) Article
22(1) and (2)(b);
(k) paragraph
1(4) and (7)(a) and (b) of Part 2 of Schedule 1.
(4) In
Articles 5(1)(b) and 9(2)(b) for the words “Committee of the
States” there shall be substituted the words “Minister”.
(5) In
Article 12(1) for the words “it considers” there shall be
substituted the words “the Minister considers”.
(6) In
Article 17(2) for the word “it” there shall be substituted the
words “the Minister”.
(7) For
Article 19(2) there shall be substituted the following
paragraph –
“(2) Where the Commission and the
Minister fail to agree on the amount to be paid under paragraph (1), the
matter shall be referred to the Chief Minister who shall determine the amount
to be paid.”.
(8) For
paragraph 7(2) of Schedule 2 there shall be substituted the following
sub-paragraph –
“(2) Notwithstanding
sub-paragraph (1), where the Commission is satisfied that the Minister for
Treasury and Resources (as successor to the Finance and Economics Committee)
has good cause to have access to any record or document delivered to the
Commission under that sub-paragraph, it shall grant such access to that
Minister.”.
34 Financial
Services (Jersey) Law 1998 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Financial Services (Jersey) Law 1998.[35]
(2) In
Article 1(1) –
(a) the
definition “Committee” shall be deleted;
(b) after
the definition “investment business” there shall be inserted the
following definition –
“ ‘Minister’
means the Minister for Economic Development;”;
(c) in
the definition “prescribed” for the word “Committee”
there shall be substituted the word “Minister”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
4(1);
(b) Article
8(2);
(c) Article
9(6);
(d) Article
10(1);
(e) Article
12(1) and (2);
(f) Article
17(1);
(g) Article
18(4);
(h) Article
20(2);
(i) Article
21(2);
(j) Article
31(1) and (2)(c);
(k) Article
42(1).
(4) For
Article 6(2)(b) there shall be substituted the following
sub-paragraph –
“(b) the Minister or any person
who is, or is acting as, an officer, servant or agent in an administration of
the States for which the Minister is assigned responsibility or who is performing
any duty or exercising any power on behalf of the Minister; and”.
(5) For
Article 42(2) there shall be substituted the following paragraph –
“(2) In prescribing fees for the
purposes of this Law, the Minister may take into consideration such matters as he
or she thinks fit, and such fees may be prescribed so as to raise income in
excess of the amount necessary to cover the expenses of the Minister and the
Commission in discharging their respective functions under this Law.”.
35 Veterinary
Surgeons (Jersey) Law 1999 – amended
In Article 11 of the Veterinary
Surgeons (Jersey) Law 1999[36] for the words “Economic
Development Committee” there shall be substituted the words
“Minister for Economic Development”.
36 Trade Marks
(Jersey) Law 2000 – amended
(1) In this Regulation, a reference to a
provision is a reference to the provision in the Trade Marks (Jersey) Law 2000.[37]
(2) In Article 1(1) –
(a) the definition “Committee” shall
be deleted;
(b) after the definition “the Madrid
Protocol” there shall be inserted the following definition –
“ ‘Minister’ means the Minister for Economic
Development;”;
(c) in the definition “prescribed”
for the word “Committee” there shall be substituted the word
“Minister”.
(3) In the following provisions, for the word
“Committee”, in each place where it appears, there shall be
substituted the word “Minister” –
(a) Article 2(2);
(b) Article 11(1);
(c) Article 23(1);
(d) Article 26(4);
(e) Article 32(1) and (3)(b).
37 Competition
Regulatory Authority (Jersey) Law 2001 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Competition Regulatory Authority
(Jersey) Law 2001.[38]
(2) In
Article 1 –
(a) the
definition “Committee” shall be deleted;
(b) for
the definition “member” there shall be substituted the following
definitions –
“ ‘member’
means member of the Authority;
‘Minister’ means
the Minister for Economic Development.”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
2(4);
(b) Article
3(1)(a) and (3);
(c) Article
4(4) and (5);
(d) Article
5(1)(a) and (b) and (2);
(e) Article
6(4);
(f) the
heading to Article 10;
(g) Article
10(4) and (5);
(h) Article
15;
(i) Article
17(1)(b) and (2);
(j) Article
18(2) and (3);
(k) Article
20(1) and (2)(b).
(4) In
Article 3(1)(b) for the words “Committee after it” there shall
be substituted the words “Minister after he or she”.
(5) In
Article 10(1) for the words “Committee may, if it” where
firstly occurring there shall be substituted the words “Minister may, if he
or she”.
(6) In
Article 13(3) and (4), Article 14(2) and (3) and Article 17(3)(a) for the words
“Finance and Economics Committee” in each place where they appear there
shall be substituted the words “Minister for Treasury and Resources”.
(7) In
Article 13(3) and (5) and Article 14(1) and (3) for the words “Economic
Development Committee” in each place where they appear there shall be
substituted the words “Minister for Economic Development”.
(8) In
Article 14(2) for the word “it” there shall be substituted the
words “he or she”.
(9) For
Article 19(2)(b) there shall be substituted the following
sub-paragraph –
“(b) the Minister or any person
who is, or is acting as, an officer, employee or agent of the Authority, or
performing any function on behalf of the Authority;”.
38 Telecommunications
(Jersey) Law 2002 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Telecommunications (Jersey) Law 2002.[39]
(2) In
Article 1(1) –
(a) the
definition “Committee” shall be deleted;
(b) after
the definition “message” there shall be inserted the following
definition –
“ ‘Minister’
means the Minister for Economic Development;”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
3(3)(a);
(b) Article
4(4);
(c) the
heading to Article 7;
(d) Article
7(1), (2) and (3);
(e) the
heading to Article 8;
(f) Article
8(4) and (6);
(g) the
heading to Article 30;
(h) Article
30(1) and (2);
(i) Article
58(3);
(j) Article
59(1)(c), (2) and (3);
(k) Article
65(1) and (3)(c).
(4) For
Article 4(2) there shall be substituted the following paragraph –
“(2) After consultation with the
Authority, the Minister, if he or she considers that it is in the public
interest to do so in any circumstances, may by Order suspend in whole or in
part the operation of Article 2 on such terms and subject to such
conditions as he or she sees fit.”.
(5) In
Article 7(1) and (2)(a), (b), (c) and (d) for the words “it considers”
in each place where they appear there shall be substituted the words “each
considers”.
(6) In
Article 7(1) and (2)(a), (b), (c), (d), (e) and (f) for the word “its”
in each place where it appears there shall be substituted the words “his,
her or its”.
(7) In
Article 8 –
(a) for
paragraphs (1) and (2) there shall be substituted the following
paragraphs –
“(1) The Minister may, if he or
she considers that it is desirable in the public interest to do so, give to the
Authority written directions in respect of the principles, procedures or
policies to be followed by the Authority in relation to the implementation of
any social or environmental policies in respect of telecommunications.
(2) The Minister may, if he or she considers
that it is desirable in the public interest to do so, give to the Authority
written guidance in respect of the principles, procedures or policies to be
followed by the Authority in relation to any other matter relating to the
performance by the Authority of its functions under this Law.”;
(b) for
paragraph (5) there shall be substituted the following
paragraph –
“(5) The Minister shall notify the
States of the directions and guidance given by him or her under this Article
and of any comments received by him or her from the Authority about the
directions and guidance.”.
(8) In
Articles 16(5)(b)(ii), 56(1) and (3) and 63(2)(c) for the words “Policy
and Resources Committee” in each place where they appear there shall be
substituted the words “Chief Minister”.
(9) In
Articles 32(3), (5) and (6), 34(3), (4) and (5) and 61(3)(i) for the words
“Finance and Economics Committee” in each place where they appear there
shall be substituted the words “Minister for Treasury and Resources”.
(10) In
Article 34(5) for the words “it has” there shall be
substituted the words “he or she has”.
(11) In
Article 56(1) for the words “that Committee considers” there
shall be substituted the words “he or she considers”.
(12) In
Articles 56(3) and 63(2)(b) for the words “Economic Development Committee”
there shall be substituted the words “Minister for Economic Development”.
(13) For
Article 61(3)(a) there shall be substituted the following
sub-paragraph –
“(a) for the purpose of
facilitating the performance by the Minister for Economic Development or the
Chief Minister of his or her functions under this Law;”.
(14) For
Article 63(2)(d) there shall be substituted the following
sub-paragraph –
“(d) any person who is, or is
acting as, an officer, employee or agent in an administration of the States for
which either of those Ministers is assigned responsibility, or who is performing
any duty or exercising any power on behalf of either of those Ministers.”.
(15) In
paragraph 3 of the Schedule after the words “Economic Development
Committee” there shall be inserted the words “, and, on the date on
which Regulation 37(15) of the States
of Jersey (Amendments and Construction Provisions No. 4) (Jersey)
Regulations 200- comes into force, by the Minister for Economic
Development, and shall not be affected by that amendment or by the”.
(16) In paragraph
4 of the Schedule –
(a) after
sub-paragraph (1) there shall be inserted the following
sub-paragraph –
“(1A) Despite sub-paragraph (1)(a), a reference
in any enactment, agreement or other document to the Board in any capacity
shall, on and from the day on which Regulation 37(16) of the States of Jersey (Amendments and Construction
Provisions No. 4) (Jersey) Regulations 200- comes into force,
become a reference to the Minister, in the case where the function is to make
an Order or to give any authority or permit.”;
(b) in
sub-paragraphs (2) and (3) for the expression “sub-paragraph (1)”
in each place where it appears there shall be substituted the expression
“sub-paragraph (1) or (1A)”;
(c) after
sub-paragraph (4) there shall be inserted the following
sub-paragraph –
“(5) Sub-paragraph (1A) is
subject, in its application to any enactment, agreement or other document, to
any express provision, or implication, to the contrary respectively in that or
any other enactment, agreement or other document (including any Regulation to
the contrary under the States of Jersey Law 2005).”.
(17) In
paragraph 7 of the Schedule –
(a) in
sub-paragraph (1) for the words “or a Committee of the States.”
there shall be substituted the words “, a Committee of the States or a Minister.”;
(b) for
sub-paragraph (3) there shall be substituted the following
sub-paragraph –
“(3) Any provision referred to in
sub-paragraph (1) or (2) may, if the Regulations so provide, come into
force –
(a) in the case of a provision that does not
concern the taking up of functions by a Minister – on the day on
which this Schedule comes into force or on a later day; or
(b) in the case of a provision that concerns the
taking up of functions by a Minister – on the day on which Regulation 37(17)
of the States of Jersey (Amendments and
Construction Provisions No. 4) (Jersey) Regulations 200- comes
into force or on a later day.”.
39 Postal Services
(Jersey) Law 2004 – amended
(1) In this Regulation, a reference to a
provision is a reference to the provision in the Postal Services (Jersey) Law 2004.[40]
(2) In the following provisions, for the words
“Economic Development Committee”, in each place where they appear,
there shall be substituted the words “Minister for Economic
Development” –
(a) Article 5;
(b) Article 6(4);
(c) Article 8(1), (2) and (3);
(d) Article 9(4) and (6);
(e) Article 13(1)(c) and (2);
(f) Article 44(1) and (2);
(g) Article 65(2);
(h) Article 75(3)(i);
(i) Article 81(2)(b);
(j) Article 83(1).
(3) For Article 6(2) there shall be substituted
the following paragraph –
“(2) After
consultation with the Authority, the Minister for Economic Development, if he
or she considers that it is in the public interest to do so in any
circumstances, may by Order suspend in whole or in part the operation of
Article 3 on such terms and subject to such conditions as he or she sees
fit.”.
(4) In the following provisions, for the word
“Committee”, in each place where they appear, there shall be
substituted the word “Minister” –
(a) the heading to Article 5;
(b) the heading to Part 3;
(c) the heading to Article 8;
(d) the heading to Article 9;
(e) Article 29(4);
(f) the heading to Article 30;
(g) the heading to Article 44.
(5) In Article 8(1) and (2)(a), (b), (c)
and (d) for the words “it considers” in each place where they
appear there shall be substituted the words “each considers”.
(6) In Article 8(1) for the words “its
functions” there shall be substituted the words “his, her or its
functions”.
(7) In Article 8(2)(a), (b), (c), (d), (e)
and (f) for the word “its” in each place where it appears there
shall be substituted the words “his, her or its”.
(8) In Article 9 –
(a) for paragraphs (1) and (2) there shall be
substituted the following paragraphs –
“(1) The
Minister for Economic Development may, if he or she considers that it is
desirable in the public interest to do so, give to the Authority written
directions in respect of the principles, procedures or policies to be followed
by the Authority in relation to –
(a) the
implementation of any social or environmental policies in respect of postal
services; or
(b) philatelic
services.
(2) The
Minister for Economic Development may, if he or she considers that it is
desirable in the public interest to do so, give to the Authority written
guidance in respect of the principles, procedures or policies to be followed by
the Authority in relation to any other matter relating to the performance by
the Authority of its functions under this Law.”;
(b) for paragraph (5) there shall be
substituted the following paragraph –
“(5) The
Minister for Economic Development shall notify the States of the directions and
guidance given by him or her under this Article and of any comments received by
him or her from the Authority about the directions and guidance.”.
(9) For Article 12(3) there shall be substituted
the following paragraph –
“(3) If
the Authority considers it expedient to do so or is asked by the Minister for Economic
Development to do so, it shall provide information, advice and help to the Minister
regarding any matter concerning postal services.”.
(10) For Article 13(3) there shall be substituted
the following paragraph –
“(3) The
Minister for Economic Development shall lay a copy of the report so provided
before the States as soon as practicable after the Minister receives the
report.”.
(11) In Articles 17(5)(b)(ii), 31(5)(b), 73(1) and
81(2)(c) for the words “Policy and Resources Committee” in each
place where they appear there shall be substituted the words “Chief
Minister”.
(12) In Articles 27(3), (5) and (6) and 30 for the words
“Finance and Economics Committee” in each place where they appear there
shall be substituted the words “Minister for Treasury and Resources”.
(13) In Article 27(6) for the word “its”
there shall be substituted the words “his or her”.
(14) For Article 29(3) there shall be substituted the following
paragraph –
“(3) The
Minister for Treasury and Resources may, out of the income of the States, make
loans to a principal company, subject to such conditions as to repayment,
security or otherwise (including conditions as to the use to which the company
may put the loans) as the Minister thinks fit.”.
(15) In Article 30 for the words “Committee
believes” there shall be substituted the words “he or she believes”.
(16) In Article 73(1) –
(a) for the words “that Committee
considers” there shall be substituted the words “he or she
considers”;
(b) for paragraph (4) there shall be
substituted the following paragraph –
“(4) The
Chief Minister shall consult the Authority and the Minister for Economic
Development before making an Order under this Article.”.
(17) For Article 75(3)(a) there shall be
substituted the following sub-paragraph –
“(a) for
the purpose of facilitating the performance by the Minister for Economic
Development or the Chief Minister of his or her functions under this Law;”.
(18) For Article 81(2)(d) there shall be
substituted the following sub-paragraph –
“(d) any
person who is, or is acting as, an officer, employee or agent in an
administration of the States for which either of those Ministers is assigned
responsibility, or who is performing any duty or exercising any power on behalf
of either of those Ministers.”.
(19) In Article 83(1) for the words “that
Committee” there shall be substituted the words “that Minister”.
(20) In paragraph 5 of Schedule 2 –
(a) after sub-paragraph (1) there shall be
inserted the following sub-paragraph –
“(1A) Despite sub-paragraph (1)(a),
a reference in any enactment, agreement or other document to the Committee for
Postal Administration in any capacity shall, on and from the day on which Regulation 38(19)
of the States of Jersey (Amendments and
Construction Provisions No. 4) (Jersey) Regulations 200- comes
into force, become a reference to the Minister for Economic Development, in the
case where the function is to make an Order or to do anything else (except
something referred to in sub-paragraph (1)(b)).”;
(b) in sub-paragraphs (2) and (3) for the
expression “sub-paragraph (1)” in each place where it appears
there shall be substituted the expression “sub-paragraph (1) or
(1A)”;
(c) after sub-paragraph (4) there shall be
inserted the following sub-paragraph –
“(5) Sub-paragraph (1A)
is subject, in its application to any enactment, agreement or other document,
to any express provision, or implication, to the contrary respectively in that
or any other enactment, agreement or other document (including any Regulation
to the contrary under the States of Jersey Law 2005).”.
(21) In paragraph 10 of Schedule 2 –
(a) in sub-paragraph (1) for the words
“or a Committee of the States” there shall be substituted the words
“, a Committee of the States or a Minister”;
(b) for sub-paragraph (3) there shall be
substituted the following sub-paragraph –
“(3) A
provision of Regulations made under this paragraph may, if the Regulations so
provide, come into force –
(a) in
the case of a provision that does not concern the taking up of functions by a
Minister – on the day on which this Schedule comes into force
or on a later day; or
(b) in
the case of a provision that concerns the taking up of functions by a
Minister – on the day on which Regulation 38(20) of the States of Jersey (Amendments and Construction
Provisions No. 4) (Jersey) Regulations 200- comes into force
or on a later day.”.
40 Subordinate
enactments amended
The Schedule shall have effect to amend subordinate enactments.
41 Citation and
commencement
These Regulations may be cited as the States of Jersey (Amendments
and Construction Provisions No. 4) (Jersey) Regulations 2005 and
shall come into force on the date on which Article 42(3) of the States of
Jersey Law 2005[41] comes into force.
M.N. DE LA HAYE
Greffier of the States.
SCHEDULE
(Regulation 40)
Subordinate enactments amended
1 Milk
Marketing Scheme (Approval) (Jersey) Act 1954 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Scheme set out in the Schedule to the Milk
Marketing Scheme (Approval) (Jersey) Act 1954.[42]
(2) In
paragraph 2(1) the definition “Committee” shall be deleted.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) paragraph
4;
(b) paragraph
5(3);
(c) paragraph
25(1);
(d) paragraph
30;
(e) paragraph
51;
(f) paragraph
52;
(g) paragraph
54;
(h) paragraph
59(1), (2) and (3).
(4) In paragraph
12(1) for the word “Committee” where secondly and thirdly occurring
there shall be substituted the word “Minister”.
2 Milk
Marketing (Polls) (Jersey) Order 1954 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Milk Marketing (Polls) (Jersey) Order
1954.[43]
(2) In
Article 1(1) –
(a) the
definition “Committee” shall be deleted;
(b) in
the definitions “appointed day”, “qualifying date” and
“register” for the word “Committee” in each place where
it appears there shall be substituted the word “Minister”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word “Minister” –
(a) Article
2(1);
(b) Article
3;
(c) Article
4;
(d) Article
6.
(4) In
the Schedule –
(a) for
the words “Economic Development Committee” in each place where they
appear there shall be substituted the word “Minister”;
(b) the
word “Secretary” shall be deleted;
(c) for
the word “Committee” where thirdly occurring there shall be
substituted the word “Minister”;
(d) for
the word “Committee’s” there shall be substituted the word
“Minister’s”.
3 Milk
Marketing (Registration of Producers) (Jersey) Order 1954 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Milk Marketing (Registration of
Producers) (Jersey) Order 1954.[44]
(2) In
Article 1 –
(a) the
definition “Committee” shall be deleted;
(b) in
the definition “register” for the word “Committee”
there shall be substituted the word “Minister”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
2;
(b) Article
3(1) and (2);
(c) Article
4.
(4) In
the Schedule for the words “Economic Development Committee” there
shall be substituted the word “Minister for Economic Development”.
4 Policing
of Beaches (Jersey) Regulations 1959 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Policing of Beaches (Jersey)
Regulations 1959.[45]
(2) In
Regulation 1 for the definition “Committee” there shall be
substituted the following definition –
“ ‘Minister’
means the Minister for Economic Development;”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Regulation
1, definition “authorized person”;
(b) the
heading to Regulation 3;
(c) Regulation
3(1) and (2);
(d) Regulation
4.
5 Gambling
(Licensing Provisions) (Jersey) Regulations 1965 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Gambling (Licensing Provisions)
(Jersey) Regulations 1965.[46]
(2) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Regulation
5(7);
(b) Regulation
7(5), (9), (15), (17), (18) and (20)(a) and (b);
(c) Regulation
8(7)(d).
(3) In Regulation
7 –
(a) for
paragraph (13) there shall be substituted the following
paragraph –
(a) the holder of a licence is absent from Jersey
for a period exceeding 7 consecutive days, the licence shall cease to be in
force at the end of the seventh day on which he or she is so absent unless,
before the end of that day he or she has notified the Minister, in accordance
with the provisions of paragraph (14), of the person proposed by the
holder of the licence to carry on the licence during the holder’s absence
and the holder of the licence has received from the Minister confirmation in
writing of the Minister’s approval of the person so proposed:
Provided that the provisions
of this sub-paragraph shall not apply where the person who will carry on the
licence is a person named as manager in the last previous application for the
grant or renewal of the licence or a person approved under the provisions of
sub-paragraph (b);
(b) during the time that a licence is in force,
a person named as manager in the last previous application for the grant or
renewal of the licence ceases, or is about to cease, to act as such, it shall
be the duty of the holder of the licence forthwith to notify the Minister, in
accordance with the provisions of paragraph (14), of the fact and of the
person proposed by holder of the licence to act as manager, and the holder of
the licence shall not appoint any person so to act unless the holder of the
licence has received from the Minister confirmation in writing of the
Minister’s approval of the person so proposed, and, if the holder of the
licence contravenes any provision of this sub-paragraph, the holder of the
licence shall be liable to a fine not exceeding £100:
Provided that where the
holder of the licence proposes to act as manager himself or herself in place of
the person named as aforesaid, the approval of the Minister to the appointment
shall not be required.”.
(b) in
paragraph (15) for the words “unless it is satisfied” there
shall be substituted the words “unless satisfied”;
(c) in
paragraph (17) for the words “of its approval” there shall be
substituted the words “of approval”.
(4) In Regulation 13(1)
for the words “Committee may prescribe” there shall be substituted
the words “Minister may by order prescribe”.
6 Gambling
(Gaming and Lotteries) (Jersey) Regulations 1965 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Gambling (Gaming and Lotteries)
(Jersey) Regulations 1965.[47]
(2) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Regulation
7(2)(a), (3);
(b) Regulation
9(3)(a) and (4);
(c) Regulation
10(2);
(d) Regulation
11(1), (2), (3), (4), (7) and (8);
(e) Regulation
12(1)(a)(ii), (2) and (3);
(f) Regulation
13(1)(a)(i) and (2);
(g) Regulation
14(1)(a) and (2);
(h) Regulation
15(1);
(i) Regulation
21(1) and (3);
(j) Regulation
23(2)(c);
(k) Regulation
24(1), (3)(e), (4), (5);
(l) Regulation
30(3)(a), (e) and (f), (4) and (5);
(m) Regulation
31(1), (2), (3), (4), (7) and (8);
(n) Regulation
32(1), (2) and (3);
(o) Regulation
35(3)(a) and (4);
(p) Regulation
36(3)(a) and (4).
(3) For
Regulation 11(5) and (6) there shall be substituted the following
paragraphs –
“(5) The Minister shall not refuse
an application for the registration or the renewal of the registration of a
society, or cancel the registration, unless the Minister has given to the
society not less than 7 days’ notice in writing of his or her
intention so to do and of his or her reasons for so doing, and every such
notice shall contain an intimation that if, within 7 days of the receipt of the
notice, the society informs the Minister in writing that it desires to do so,
the Minister will, before refusing the application or cancelling the
registration, as the case may be, give representatives of the society an
opportunity of being heard against such refusal or cancellation.
(6) If the Minister, after giving to
representatives of the society an opportunity of being heard, decides to refuse
the application or to cancel the registration, the Minister shall, if so
required by the society, deliver to the society, within 7 days of the
receipt of such requirement, particulars in writing of the reasons for such
refusal or cancellation.”.
(4) For
Regulation 15(2) and (3) there shall be substituted the following
paragraphs –
“(2) The Minister may require the
promoter to deliver to the Minister any document relating to the event.
(3) The Minister shall preserve a return made
under this Regulation for a period of not less than one year, and during that
period shall keep the return deposited at such place as he or she may appoint,
and the return may be inspected at the place so appointed by any member of the
public during ordinary office hours, free of charge.”.
(5) In Regulation
21(1)(c) for the words “as it may consider” there shall be
substituted the words “as the Minister may consider”.
(6) For
Regulation 31(5) and (6) there shall be substituted the following
paragraphs –
“(5) The Minister shall not refuse
an application for the registration or the renewal of the registration of a
society, or cancel the registration, unless the Minister has given to the
society not less than 7 days’ notice in writing of his or her
intention so to do and of his or her reasons for so doing, and every such
notice shall contain an intimation that if, within 7 days of the receipt
of the notice, the society informs the Minister in writing that it desires to
do so, the Minister will, before refusing the application or cancelling the
registration, as the case may be, give representatives of the society an
opportunity of being heard against such refusal or cancellation.
(6) If the Minister, after giving to
representatives of the society an opportunity of being heard, decides to refuse
the application or to cancel the registration, the Minister shall, if so
required by the society, deliver to the society, within 7 days of the
receipt of such requirement, particulars in writing of the reasons for such
refusal or cancellation.”.
(7) In
the following provisions of the Schedule for the word “Committee”,
in each place where it appears, there shall be substituted the word
“Minister” –
(a) paragraph
1;
(b) paragraph
2(3) and (4);
(c) paragraph
3(2);
(d) paragraph
4;
(e) paragraph
5;
(f) paragraph
6;
(g) paragraph
7(1) and (2);
(h) paragraph
8;
(i) paragraph
9;
(j) paragraph
10(1), (2), (3)and (4);
(k) paragraph
11(1) and (2);
(l) paragraph
12;
(m) paragraph
13;
(n) paragraph
14;
(o) paragraph
15;
(p) paragraph
16;
(q) paragraph
17;
(r) paragraph
19(3);
(s) paragraph
22(1) and (2);
(t) paragraph
23;
(u) paragraph
24(1);
(v) paragraph
26;
(w) paragraph
29(1);
(x) paragraph
30(1) and (2).
(8) In paragraph
2(3)(a) of the Schedule for the words “it is satisfied” there shall
be substituted the words “the Minister is satisfied”.
(9) In paragraph
7(1)(a) and (b) of the Schedule for the word “its” there shall be
substituted the words “the Minister’s”.
(10) In paragraph 10(1)
of the Schedule for the word “its” there shall be substituted the
words “his or her”.
(11) In paragraph 14
of the Schedule for the words “if it is satisfied” there shall be
substituted the words “if satisfied”.
7 Gambling
(Betting) (Jersey) Regulations 1965 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Gambling (Betting) (Jersey) Regulations
1965.[48]
(2) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Regulation 1,
paragraph (e) of the definition “qualified accountant”;
(b) Regulation
3(2) and (3);
(c) Regulation
4(5);
(d) Regulation
6(12), (13) and (14);
(e) Regulation
8(b);
(f) Regulation
10(1);
(g) paragraph
1 of Schedule 1;
(h) paragraph
3 of Schedule 1;
(i) paragraph
4 of Schedule 1;
(j) paragraph
6 of Schedule 1;
(k) paragraph
7 of Schedule 1;
(l) paragraph
8 of Schedule 1;
(m) paragraph
9 of Schedule 1;
(n) paragraph
10 of Schedule 1;
(o) paragraph
12 of Schedule 1;
(p) paragraph
13 of Schedule 1;
(q) paragraph
7 of Schedule 4;
(r) paragraph
8 of Schedule 4;
(s) paragraph
13 of Schedule 4;
(t) paragraph
14 of Schedule 4;
(u) paragraph
16 of Schedule 4.
(3) In
paragraph 9 of Schedule 1 for the words “it shall” there
shall be substituted the words “the Minister shall”.
8 Gambling
(Pool Betting) (Jersey) Regulations 1965 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Gambling (Pool Betting) (Jersey)
Regulations 1965.[49]
(2) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Regulation
1(1), paragraph (e) of the definition “accountant”;
(b) Regulation
3(3), (4), (5), (6), (8), (9), (10)(a) and (b), (13), (14), (15) and (16);
(c) Regulation
4(1), (2) and (3);
(d) Regulation
5(1)(f)(i) and (5)(a);
(e) Regulation
6(5);
(f) Regulation
7(1)(c), (3) and (4);
(g) Regulation
8(2).
(3) For
Regulation 3(11) and (12) there shall be substituted the following
paragraphs –
“(11) The Minister shall not refuse an
application for registration, other than an application to which
paragraph (7) applies, or cancel a registration unless the Minister has
given to the applicant or the person registered, as the case may be, not less
than 7 days’ notice in writing of the Minister’s intention so
to do and reasons for so doing, and every such notice shall contain an
intimation that if, within 7 days after receipt of the notice the person
to whom it was given informs the Minister in writing that the person desires so
to do, the Minister will, before refusing the application or cancelling the
registration, give the person an opportunity of being heard in person or by a
representative, against such refusal or cancellation.
(12) If the Minister, after giving to an applicant or a
person registered, as the case may be, an opportunity of being heard, decides
to refuse the application or to cancel the registration, the Minister shall
give to the person concerned notice in writing of the decision and of the
reasons therefor.”.
(4) For
Regulation 6(10) there shall be substituted the following
paragraph –
“(10) The Minister shall preserve, for a period
of not less than 2 years, any documents delivered to him or her by virtue
of this Regulation and shall deposit all such documents at such place as the Minister
shall appoint where they may be inspected by any member of the public during
ordinary office hours, free of charge.”.
9 Consumer
Protection (Nightdresses) (Jersey) Order 1968 – amended
In Article 6(2) of the Consumer
Protection (Nightdresses) (Jersey) Order 1968[50] for the word
“Committee’s” there shall be substituted the word
“Minister’s”.
10 Basic
Slag and Lime (Jersey) Scheme 1968 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Basic Slag and Lime (Jersey) Scheme
1968.[51]
(2) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) paragraph
1;
(b) paragraph
3(1), (2) and (3);
(c) paragraph
4(1);
(d) paragraph
5(1) and (3);
(e) the
heading to paragraph 6;
(f) paragraph
6;
(g) paragraph
7(1), (2) and (3);
(h) paragraph
8(1) and (2);
(i) paragraph
9(1).
(3) In
the following provisions, for the word “it”, in each place where it
appears, there shall be substituted the words “he or
she” –
(a) paragraph
3(1) and (2);
(b) paragraph
4(1)(b).
(4) In
paragraph 3(2) and (3), for the word “its”, in each place where it
appears, there shall be substituted the words “his or her”.
(5) For
paragraph 5(2) there shall be substituted the following
sub-paragraph –
“(2) Where it appears to the Minister
that the approval of an approved supplier should be withdrawn the Minister
shall, before withdrawing the approval, send to the supplier a statement in
writing setting out the reasons for the Minister’s intention to do so,
and shall afford the person a reasonable opportunity of making representations
in the matter.”.
(6) In
paragraph 9(1), for the words “it thinks” there shall be
substituted the words “the Minister thinks”.
11 Control
of Infestation (Potato Root Eelworm) (Jersey) Scheme 1968 – amended
In the following provisions of the Control of Infestation (Potato Root Eelworm)
(Jersey) Scheme 1968,[52] for the word
“Committee”, in each place where it appears, there shall be
substituted the word “Minister” –
(a) paragraph
2(2);
(b) paragraph
3(1) and (2);
(c) paragraph
4(1) and (2).
12 Weights
and Measures (International Definitions) (Jersey) Order 1968 – amended
In Article 1 of the Weights and
Measures (International Definitions) (Jersey) Order 1968[53] for the word
“Committee” there shall be substituted the word
“Minister”.
13 Weights
and Measures (Measuring Instruments) (Liquid Fuel and Lubricants) (Jersey)
Order 1968 – amended
In Articles 13 and 29(1) of the Weights
and Measures (Measuring Instruments) (Liquid Fuel and Lubricants) (Jersey)
Order 1968[54] for the word
“Committee” in each place where it appears there shall be
substituted the word “Minister”.
14 Weights
and Measures (Egg-Grading Machines) (Jersey) Order 1968 – amended
In the definition “test poise” in paragraph 1 of Schedule 2
to the Weights and Measures (Egg-Grading
Machines) (Jersey) Order 1968[55] for the word
“Committee” there shall be substituted the word
“Minister”.
15 Weights
and Measures (General Provisions) (Jersey) Order 1968 – amended
In the following provisions of the Weights and Measures (General Provisions)
(Jersey) Order 1968,[56] for the word
“Committee”, in each place where it appears, there shall be
substituted the word “Minister” –
(a) Article
9(1);
(b) Article
15;
(c) Article
32(1);
(d) Article
53;
(e) Article
69;
(f) paragraph
3(b) of Part 2 of Schedule 1.
16 Consumer
Protection (Electrical Appliances) (Colour Code) (Jersey) Order
1970 – amended
In Article 9(2) of the Consumer
Protection (Electrical Appliances) (Colour Code) (Jersey) Order 1970[57] for the word
“Committee’s” there shall be substituted the word
“Minister’s”.
17 Consumer
Protection (Cooking Utensils) (Jersey) Order 1973 – amended
In Article 3(2) of the Consumer
Protection (Cooking Utensils) (Jersey) Order 1973[58] for the word
“Committee’s” there shall be substituted the word “Minister’s”.
18 Post
Office (General Provisions) (Jersey) Order 1974 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Post Office (General Provisions)
(Jersey) Order 1974.[59]
(2) In
Article 1(1) –
(a) the
definition “Committee” shall be deleted;
(b) in paragraph (c)
of the definition “preferred letter” for the word
“Committee”, in each place where it appears, there shall be
substituted the word “Minister”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
1(1), definition “business reply packet”;
(b) Article
1(1), definition “cash on delivery packet”;
(c) Article
1(1), definition “express delivery office”;
(d) Article
1(1), definition “postal form”;
(e) Article
5(1)(a)(i), (c), (d) and (f) and (2);
(f) Article
7;
(g) Article
9(1), (2)(b) and (e), (3), (6) and (7);
(h) Article
10;
(i) Article
11(1);
(j) Article
12(2)(b) and (3);
(k) Article
13;
(l) Article
14(1);
(m) Article
17(2);
(n) Article
18(2);
(o) Article
19(2);
(p) Article
20(1), (5) and (7)(a);
(q) Article
21(2)(b) and (e);
(r) Article
22(2);
(s) Article
23(1), (2), (3)(a) and (b), (5) and (6);
(t) Article
24(2) and (5);
(u) Article
25(3);
(v) Article
26(1) and (2);
(w) Article
27(a), (d), (e), (f) and (h);
(x) Article
28(1), (2), (3) and (4);
(y) Article
29(4);
(z) Article
30(4);
(aa) Article
31(2), (3) and (4);
(ab) Article
32(3), (4) and (5);
(ac) Article
33(4) and (5);
(ad) Article
34(4);
(ae) Article
35(2);
(af) Article
36(1);
(ag) Article
37(1);
(ah) Article
38(a) and (b);
(ai) Article
40;
(aj) Article
41;
(ak) Article
42;
(al) Schedule
3, item 6;
(am) Schedule 3,
item 7;
(an) Schedule
3, item 13;
(ao) Schedule
3, item 14;
(ap) Schedule
4, item 2;
(aq) Schedule
4, item 5;
(ar) Schedule
4, item 6;
(as) Part 2
of Schedule 5, condition 3(2)(c);
(at) Part 2
of Schedule 5, condition 3(5);
(au) Schedule
7, condition 9.
(4) For
Article 3(2) there shall be substituted the following paragraph –
“(2) The Minister shall publish
from time to time in the Jersey Gazette or in such other manner as he or she
may determine the rates of postage specified in Schedule 1.”.
(5) In
Articles 5(2) and 33(5), condition 6 of Part 2 of Schedule 5 and
condition 6(a) and (b) of Schedule 7 for the word
“Committee’s”, in each place where it appears, there shall be
substituted the word “Minister’s”.
(6) In
Articles 10, 11(1), 23(6), 33(5) and 40 for the words “it thinks”, in
each place where they appear, there shall be substituted the words “the
Minister thinks”.
(7) In
Article 14 –
(a) in
paragraph (1) for the words “it may in its” there shall be
substituted the words “the Minister may in his or her”;
(b) in
paragraph (1)(c) for the words “it may” there shall be
substituted the words “the Minister may”.
(8) In
Article 20 –
(a) in
paragraph (1) for the words “it may” there shall be substituted the
words “the Minister may”;
(b) in
paragraphs (1), (5) and (7)(a) for the words “by it”, in each place
where they appear, there shall be substituted the words “by the
Minister”.
(9) In
Article 23(6) for the words “the Committee, if it thinks” there
shall be substituted the words “the Minister, if he or she thinks”.
(10) In
Article 25(3) for the words “its general” there shall be
substituted the words “the Minister’s general”.
(11) In
Article 27 –
(a) in
paragraph (d) for the words “it is” there shall be substituted
the words “the Minister is”;
(b) in
paragraph (f) for the words “in its opinion” there shall be
substituted the words “in the Minister’s opinion”.
19 Agriculture
(Loans) (Jersey) Regulations 1974 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Agriculture (Loans) (Jersey)
Regulations 1974.[60]
(2) In
Regulation 2 –
(a) for
paragraph (1) there shall be substituted the following
paragraph –
“(1) The Fund established for the
purposes of these Regulations shall be under the control and management of the
Minister and, subject to paragraph (2), shall consist of such monies as
may from time to time be provided by the Minister for Treasury and Resources in
exercise of the latter’s borrowing power under Article 27 of the
Public Finances (Administration) (Jersey) Law, 1967.”.
(b) in
paragraph (3) for the words “The Committee shall make provision in its
estimates” there shall be substituted the words “The Minister shall
make provision in the Minister’s estimates”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Regulation
2(4);
(b) Regulation
3(2), (4)(a), (5) and (6);
(c) Regulation
4(1) and (2);
(d) Regulation
5(3)(b), (4), (5), (6), (8);
(e) Regulation
6(1) and (3);
(f) Regulation
7(1), (2), (5) and (6);
(g) Regulation
10;
(h) Regulation
11(1) and (2);
(i) Regulation
12(1)(a) and (c) and (2);
(j) the
heading to Regulation 13;
(k) Regulation
13(1) and (3).
(4) In
Regulation 7 –
(a) in
paragraph (2)(a) for the word “Committee’s” there shall
be substituted the word “Minister’s”;
(b) for
paragraph (3) there shall be substituted the following
paragraph –
“(3) The Minister shall refer to
the Board for its recommendations every application for the making of a loan,
other than an application which the Minister has refused under
paragraph (2), and shall furnish with the application any information
given by the applicant under paragraph (1) in support of his or her
application.”;
(c) for
paragraph (7) there shall be substituted the following
paragraph –
“(7) Subject to the provisions of
these Regulations, the Minister, after consideration of an application and of
any recommendation made by the Board in respect thereof, may –
(a) grant the application, either
unconditionally or subject to such conditions and on such terms as to security
as the Minister thinks fit –
(i) in
the amount recommended by the Board, or
(ii) in
an amount less than the amount so recommended; or
(b) refuse the application,
so, however, that the Minister
shall not, without the approval of the Minister for Treasury and Resources,
make a loan for an amount exceeding £150,000, or where the
applicant’s outstanding capital indebtedness under these Regulations
would exceed £150,000.”.
(5) In
Regulation 11(2) for the words “it may serve” there shall be
substituted the words “the Minister may serve”.
(6) In
Regulation 13 –
(a) in
paragraph (4) for the words “Committee as representing the public
and of its successors” there shall be substituted the words
“Minister as representing the public and of the Minister’s
successors”;
(b) in
paragraph (7) for the words “the Committee, at its absolute” there
shall be substituted the words “the Minister, at his or her
absolute”;
(c) for
the proviso to paragraph (7) there shall be substituted the following
proviso –
“Provided that where
the Minister is unable to sell the property for an amount sufficient to pay,
out of the proceeds of the sale, any sums as aforesaid, the Minister may retain
the property under his or her own management and shall not be liable to pay any
sum to the former owner.”.
(7) In
Regulation 14 for the words “An officer of the Committee, and any
other person authorized in that behalf by the Committee,” there shall be
substituted the words “An officer in the administration of the States for
which the Minister is assigned responsibility, or a person authorized in
writing by the Minister,”.
20 Gambling
(Channel Islands Lottery) (Jersey) Regulations 1975 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Gambling (Channel Islands Lottery)
(Jersey) Regulations 1975.[61]
(2) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Regulation
1(1), definition “agent”;
(b) Regulation
3(1)(a), (2), (4)(a), (6) and (8);
(c) Regulation
4(3)(d), (5) and (6);
(d) Regulation
9(1) and (3);
(e) Regulation
10(1), (2), (5)(b), (6)(c), (7) ;
(f) Regulation
12(2)(a)(i) and (b)(i) and (4);
(g) Regulation
13(2) and (4);
(h) Regulation
14(1);
(i) Regulation
15(1)(b)(iii).
(3) In Regulation
2 –
(a) in
paragraph (1) for the word “Committee” where firstly occurring
there shall be substituted the word “Minister”;
(b) in
paragraph (2) for the word “Committee” where firstly occurring
there shall be substituted the word “Minister”;
(c) in
paragraph (5) for the word “Committee” there shall be
substituted the word “Minister”;
(d) in
paragraph (5) for the words “as it may think” there shall be
substituted the words “as the Minister may think”.
(4) In Regulation
4 –
(a) in
paragraph (2)(b) for the word “Committee” where secondly
occurring there shall be substituted the word “Minister”;
(b) in
paragraph (3)(b) for the word “Committee” where firstly
occurring there shall be substituted the word “Minister”.
(5) In
the following provisions, for the word “it”, in each place where it
appears, there shall be substituted the word “he or
she” –
(a) Regulation
4(3) and (5);
(b) Regulation
5;
(c) Regulation
6;
(d) Regulation
10(7)(b).
(6) In
the following provisions, for the word “its”, in each place where
it appears, there shall be substituted the word “his or
her” –
(a) Regulation
4(3), (5) and (6);
(b) Regulation
10(1)(b).
(7) In
Regulation 5 for the word “Committee” where firstly and lastly
occurring there shall be substituted the word “Minister”.
(8) In
Regulation 6 for the word “Committee” where firstly and lastly
occurring there shall be substituted the word “Minister”.
(9) In Regulation
7 –
(a) in
paragraph (1) for the word “Committee” where firstly occurring
there shall be substituted the word “Minister”;
(b) in
paragraph (4)(d) for the word “Committee” where firstly
occurring there shall be substituted the word “Minister”;
(c) in
paragraph (5)(b)(iii) for the word “Committee” where firstly
occurring there shall be substituted the word “Minister”;
(d) in
paragraph (6) for the word “Committee” in each place where it
appears there shall be substituted the word “Minister”.
(10) In Regulation
8 –
(a) in
paragraph (1) for the word “Committee” where firstly occurring
there shall be substituted the word “Minister”;
(b) in
paragraph (3)(d) for the word “Committee” where firstly
occurring there shall be substituted the word “Minister”.
(11) In Regulation
10 –
(a) for
paragraph (6)(e) there shall be substituted the following
paragraph –
“(e) shall, forthwith on the
conclusion of a draw, prepare, in sufficient number of copies, a list of the
serial numbers of the winning tickets and of the prizes drawn in respect
thereof and shall sign and otherwise authenticate in such manner as the Minister
may require such number of copies (hereinafter referred to as
“authenticated copies”) as the Minister may require and shall
cause –
(i) one
authenticated copy to be posted at or about the place where the draw was
conducted,
(ii) to
be delivered to the Minister such number of copies and authenticated copies as
the Minister may require,
(iii) to
be delivered to the Guernsey Committee such number of copies and authenticated
copies as that Committee may require.”;
(b) in
paragraph (8) for the word “Committee” where firstly occurring
there shall be substituted the word “Minister”;
(c) in
paragraph (8) for the words “it may think fit” there shall be
substituted the words “the Minister may think fit”.
(12) In Regulation
11 –
(a) in
paragraph (1) for the word “Committee” where firstly and
lastly occurring there shall be substituted the word “Minister”;
(b) in
paragraph (2) for the word “Committee” where firstly and
lastly occurring there shall be substituted the word “Minister”;
(c) in
paragraph (2) for the words “it may think fit” there shall be
substituted the words “the Minister may think fit”.
(13) In Regulation
12 –
(a) for
paragraph (6) there shall be substituted the following
paragraph –
“(6) In any case where payment of
a prize is not claimed within the period mentioned in paragraph (5)(b),
the amount of the prize not so claimed shall be divided between the Minister
and the Guernsey Committee in such proportions as may be agreed by them, and any
sum so accruing to the Minister shall be paid into the Fund.”;
(b) for
paragraph (7)(c) there shall be substituted the following
sub-paragraph –
“(c) no liability shall attach to
the States, the Minister or any employee or agent of the States or in an administration
of the States for which the Minister is assigned responsibility, being
liability in respect of such payment.”.
(14) For Regulation
13(5) there shall be substituted the following paragraph –
“(5) In any case where payment of
a prize in an instant game is not claimed within the period mentioned in
paragraph (4), the amount of the prize not so claimed shall be divided
between the Minister and the Guernsey Committee in such proportions as may be
agreed by them and any sum so accruing to the Minister shall be paid into the
Fund.”.
21 Weights
and Measures (Measuring Instruments) (Intoxicating Liquor) (Jersey) Order
1975 – amended
In Article 7 of the Weights
and Measures (Measuring Instruments) (Intoxicating Liquor) (Jersey) Order 1975[62] for the word
“Committee” there shall be substituted the word
“Minister”.
22 Weights
and Measures (Person Weighing Machines) (Jersey) Order 1975 – amended
In Article 8(2) of the Weights
and Measures (Person Weighing Machines) (Jersey) Order 1975[63] for the word
“Committee” there shall be substituted the word
“Minister”.
23 Regulation
of Undertakings and Development (Jersey) Regulations 1978 – amended
In the Regulation of
Undertakings and Development (Jersey) Regulations 1978[64] –
(a) in
Regulation 2(1)(b)(i) for the words “Employment and Social Security
Committee” there shall be substituted the words “Minister for Social
Security”;
(b) in
Regulation 2(2)(a) for the words “Housing Committee” there
shall be substituted the words “Minister for Housing”.
24 Post
Office (Postal Orders) (Jersey) Order 1978 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Post Office (Postal Orders) (Jersey)
Order 1978.[65]
(2) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
1, definition “officer”;
(b) Article
1, definition “postal order”;
(c) Article
2(3);
(d) Article
3(4);
(e) Article
6(1)(a) and (3);
(f) Article
7;
(g) Article
8;
(h) Article
9(2) and (3).
(3) For
Article 10 there shall be substituted the following Article –
The Minister may remit in
whole or in part any fee payable under this Order in such cases or classes of
case as he or she may determine.”.
25 Post
Office (Foreign Parcel Post Provisions) (Jersey) Order 1979 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Post Office (Foreign Parcel Post
Provisions) (Jersey) Order 1979.[66]
(2) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
1, definition “air mail service”;
(b) Article
1, definition “postal arrangement”;
(c) Article
1, definition “postal form”;
(d) Article
5(2) and (3);
(e) Article
6;
(f) Article
7(1);
(g) Article
9(1)(a) and (b) and (3);
(h) Article
10(1), (2), (3)(b) and (d), (5) and (6);
(i) Article
11(1)(b) and (2);
(j) Article
13(b);
(k) Article
14(1) and (2);
(l) Article
15(1), (2)(b) and (3);
(m) Article 18;
(n) Article
20(a), (c) and (d);
(o) Article
21;
(p) Article
22(1), (2)(a), (b) and (c) and (4);
(q) Article
23(2) and (3);
(r) Article
24(1), (5) and (6)(a).
(3) In
Articles 15(3) and 22(1) for the words “it thinks”, in each place
where they appear, there shall be substituted the words “the Minister
thinks”.
(4) In
Article 22 –
(a) in
paragraph (1) for the word “Committee’s” there shall be
substituted the word “Minister’s”;
(b) for
paragraph (3) there shall be substituted the following paragraph –
“(3) The decision of the Minister
on all questions arising between the Minister and any person claiming payment
in respect of the loss of or damage to a parcel, or of or to any article
enclosed in or forming part thereof, shall be final and conclusive.”.
(5) In
Article 23(3) for the words “its general” there shall be
substituted the words “his or her general”.
(6) In
Article 24 –
(a) in
paragraph (1) for the words “it may determine” there shall be
substituted the words “the Minister may determine”;
(b) in
paragraphs (5) and (6)(a) for the words “by it”, in each place
where they appear, there shall be substituted the words “by the
Minister”.
(7) For
Article 25 there shall be substituted the following Article –
“25 Remission
of postage and fees
The Minister may remit in
whole or in part any postage or other sums chargeable under this Order in such
cases or classes of case as he or she may determine.”.
26 Post
Office (Foreign Post Provisions) (Jersey) Order 1979 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Post Office (Foreign Post Provisions)
(Jersey) Order 1979.[67]
(2) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
1, definition “air letter”;
(b) Article
1, definition “air mail service”;
(c) Article
1, definition “Forces air letter”;
(d) Article
1, definition “postal form”;
(e) Article
7(2) and (3);
(f) Article
9(1) and (2);
(g) Article
10(1);
(h) Article
11(1) and (3);
(i) Article
12(1), (2), (3)(b), (c) and (e), (4) and (6);
(j) Article
13(1), (2), (3), (4)(a), (5)(c) and (7);
(k) Article
14(1), (2) and (3);
(l) Article
15;
(m) Article 19(3)
and (5);
(n) Article
21(4), (6) and (7);
(o) Article
22(3);
(p) Article
23(2);
(q) Article
24;
(r) Article
26(1) and (2);
(s) Article
27(2)(d) and (3);
(t) Article
28(a) and (b);
(u) Article
30(1)(d)(ii) and (2);
(v) Article
31, paragraph (b) of proviso to (1), and (2);
(w) Article 35(2)
and (6);
(x) Article
36(6).
(3) In
Articles 4 and 7(3) for the word “Committee’s”, in each place
where it appears, there shall be substituted the word
“Minister’s”.
(4) In
Articles 13(2) for the words “it thinks” there shall be substituted
the words “the Minister thinks”.
(5) In
Articles 28(a) for the words “it may” there shall be substituted
the words “the Minister may”.
(6) In
Article 31(1) for the words “the Committee may pay such sum as it
may think just to any person or postal administration, if in its opinion”
there shall be substituted the words “the Minister may pay such sum as he
or she may think just to any person or postal administration, if in his or her
opinion”.
(7) In
Article 32 for the words “the Committee on all questions arising
between it” there shall be substituted the words “the Minister on
all questions arising between the Minister”.
(8) In
Article 36 –
(a) in
paragraph (1) for the words “The Committee may, on application being
made in such manner as it may” there shall be substituted the words
“The Minister may, on application being made in such manner as he or she
may”;
(b) in
paragraph (6) for the words “by it” there shall be substituted
the words “by the Minister”.
(9) For
Article 38 there shall be substituted the following Article –
“38 Remission
of postage and fees
The Minister may remit in
whole or in part any postage or other sums chargeable under this Order in such
cases or classes of case as he or she may determine.”.
27 Collective
Investment Funds (Recognized Funds) (Permit Conditions for Functionaries)
(Jersey) Order 1988 – amended
In the Collective Investment
Funds (Recognized Funds) (Permit Conditions for Functionaries) (Jersey) Order
1988[68] –
(a) in
Article 47 and its heading for the word “Committee”, in each
place where it appears, there shall be substituted the word
“Minister”;
(b) in
Article 67(2)(b) for the word “Committee” there shall be substituted
the word “Minister”.
28 Consumer
Protection (Safety of Furniture and Furnishings) (Jersey) Order
1989 – amended
In the Consumer Protection
(Safety of Furniture and Furnishings) (Jersey) Order 1989[69] –
(a) in Article 1(1),
definition “authorized person”, for the word
“Committee” there shall be substituted the word “Minister”;
(b) in Article 16(2)
for the word “Committee’s” there shall be substituted the
word “Minister’s”.
29 Tourism
(General Provisions) (Jersey) Order 1990 – amended
(1) In
this paragraph, a reference to a provision is a reference to that provision in
the Tourism (General Provisions) (Jersey) Order
1990.[70]
(2) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word “Minister” –
(a) Article
2(1);
(b) Article
3(1);
(c) Article
4(3)(b), (4)(c) and (5)(b);
(d) Article
5(1);
(e) Article
6(3)(d) and (4)(b);
(f) Article
7;
(g) Article
8(2);
(h) Article
9(3);
(i) Article
11(b);
(j) Article
12;
(k) Article
14(1);
(l) Article
16;
(m) Article 25(2)(a)
and (3);
(n) Article
26(1) and (2).
(3) For
Article 4(11) there shall be substituted the following paragraph –
“(11) The Minister may, if satisfied that
special circumstances exist, relax the requirements of paragraph (1)(r).”.
(4) For
Article 9(2) there shall be substituted the following paragraph –
“(2) The Minister may, if
satisfied that special circumstances exist, relax the requirements of paragraph (1)(a),
either generally or in relation to any particular case, and subject to such conditions,
if any, as the Minister sees fit to impose.”.
(5) In Article 10(4)
for the words “The Committee may, if it is satisfied” there shall
be substituted the words “The Minister may, if satisfied”.
(6) In Article 26(2)
for the words “unless it is satisfied” there shall be substituted
the words “unless the Minister is satisfied”.
30 Consumer
Protection (Safety of Cosmetic Products) (Jersey) Order 1991 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Consumer Protection (Safety of Cosmetic
Products) (Jersey) Order 1991.[71]
(2) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
4(1), (2) and (3);
(b) paragraph
3 of Schedule 6;
(c) paragraph
4 of Schedule 6.
(3) For
Article 4(4) there shall be substituted the following paragraph –
“(4) On giving, varying or
revoking an authorization, the Minister shall arrange for the authorization,
variation or revocation, as the case may be, to be published in such manner as
the he or she considers appropriate for bringing it to the attention of persons
who, in his or her opinion, would be likely to have an interest in it.”.
(4) In
Article 8(2) for the word “Committee’s” there shall be
substituted the word “Minister’s”.
(5) In
Schedule 6, in paragraph 2, for the words “When the Committee
intends to purchase a cosmetic product it shall purchase” there shall be
substituted the words “When the Minister intends to purchase a cosmetic product
he or she shall purchase”.
31 Gambling
(Channel Islands Lottery) (Jersey) Order 1997 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Gambling (Channel Islands Lottery)
(Jersey) Order 1997.[72]
(2) In the
following provisions, for the word “Committee”, in each place where
it appears, there shall be substituted the word
“Minister” –
(a) Article
1;
(b) Article
2(3);
(c) Article
5.
(3) In Article
2 –
(a) for
paragraph (1)(c) there shall be substituted the following
sub-paragraph –
“(c) unless the Minister, in
accordance with Regulation 5 of the Gambling
(Channel Islands Lottery) (Jersey) Regulations 1975 (hereinafter
referred to as the “Regulations”) so determines and specifies, a
jackpot prize.”;
(b) in
paragraph (2) for the word “Committee” where firstly occurring
there shall be substituted the word “Minister”;
(c) in
paragraph (2)(a) for the word “Committee” where firstly
occurring there shall be substituted the word “Minister”.
(4) In Article
4 –
(a) in paragraph (1)
for the words “a member of the Committee or” there shall be
substituted the words “an officer in an administration of the States for
which the Minister is assigned responsibility, or a member”;
(b) in
paragraph (2) for the word “Committee” there shall be
substituted the words “Guernsey Committee”.
32 Limited
Liability Partnerships (Insolvent Partnerships) (Jersey) Regulations 1998 –
amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
Part 5 of the Limited Liability
Partnerships (Jersey) Law 1997,[73] as that Part has effect in
its application to insolvent limited liability partnerships with the
modifications specified in paragraph 13 of Schedule 1 to the Limited Liability Partnerships (Insolvent Partnerships)
(Jersey) Regulations 1998.[74]
(2) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
31M(2) and (3);
(b) Article
31N(1), (2), (4) and (7);
(c) the
heading to Article 31Q;
(d) Article
31Q(1);
(e) Article
31R(1);
(f) Article
31S;
(g) Article
31U(5).
(3) For
Article 31Z(3) there shall be substituted the following paragraph –
“(3) The Minister or the
Commission may direct that for such period as he, she or it thinks proper (but
not exceeding 10 years from the cancellation of registration of the limited
liability partnership), the records of the insolvent limited liability
partnership which has been wound up shall not be destroyed.”.
(4) In
Article 31M(3) for the word “it” there shall be substituted the
words “he or she”.
33 Jersey
Potato Export Marketing Scheme 2001 (Approval) (Jersey) Act 2001 –
amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Scheme set out in the Schedule to the Jersey
Potato Export Marketing Scheme 2001 (Approval) (Jersey) Act 2001.[75]
(2) In
paragraph 2(1) the definition “Committee” shall be deleted.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) paragraph
4(b);
(b) paragraph
5(b);
(c) paragraph
6(4);
(d) paragraph
24(1)(b);
(e) paragraph
26(3);
(f) paragraph
46(2);
(g) paragraph
49;
(h) paragraph
50(1)(a) and (2);
(i) paragraph
52(1);
(j) paragraph
56(1), (2), (3) and (4).
(4) In paragraph
13 –
(a) in sub-paragraph (1)
for the word “Committee” where secondly occurring there shall be
substituted the word “Minister”;
(b) in sub-paragraph (3)
for the word “Committee” where secondly occurring there shall be
substituted the word “Minister”.
34 Jersey
Potato Export Marketing (Registration of Producers) (Jersey) Order
2001 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Jersey Potato Export Marketing
(Registration of Producers) (Jersey) Order 2001.[76]
(2) In
Article 1 –
(a) the
definition “Committee” shall be deleted;
(b) in
the definition “register” for the word “Committee” there
shall be substituted the word “Minister”.
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
3(1), (2) and (3);
(b) Article
4.
(4) For
Article 2 there shall be substituted the following Article –
Registration under the Scheme
shall be effected by the delivery to the Minister of an application for
registration, signed by the applicant, in such form as may be prescribed by the
Chief Officer of the administration of the States responsible for the
administration of this Order and the entering in the register of the name of
the applicant.”.
35 Jersey
Potato Export Marketing (Polls) (Jersey) Order 2002 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Jersey Potato Export Marketing (Polls)
(Jersey) Order 2002.[77]
(2) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
1, definition “appointed day”;
(b) Article
1, definition “qualifying date”;
(c) Article
1, definition “register”;
(d) Article
2(1);
(e) Article
4(1).
(f) Article
6;
(g) Article
7;
(h) the
Schedule.
36 Collective
Investment Funds (Recognized Funds) (Rules) (Jersey) Order 2003 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Schedule to the Collective Investment
Funds (Recognized Funds) (Rules) (Jersey) Order 2003.[78]
(2) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article 1.01.2,
sub-paragraph (c) of the definition “constitutional
documents”;
(b) Article 1.01.2,
sub-paragraph (c) of the definition “depositary”;
(c) Article 1.01.2,
sub-paragraph (c) of the definition “fund rules”;
(d) Article 1.01.2,
sub-paragraph (b) of the definition “manager”;
(e) Article 14.01.1;
(f) Article 14.02.1a;
(g) paragraph
7b of Rules Schedule 1.
(3) In
Rules Schedule 4 –
(a) the
definition “Committee” shall be deleted;
(b) after
the definition “member state” there shall be inserted the following
definition –
“ ‘Minister’
means the Minister for Economic Development;”.
37 Gambling
(Gaming and Lotteries) (Gaming Machines) (Jersey) Order 2003 –
amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Gambling (Gaming and Lotteries) (Gaming
Machines) (Jersey) Order 2003.[79]
(2) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
6(2), (3)(a) and (b) and (4);
(b) paragraph
1 of Schedule 3;
(c) paragraph
3 of Schedule 3.
(3) In
Part 2 of Schedule 1 for the words “Economic Development
Committee” there shall be substituted the words “Minister”.
38 Agricultural
Marketing (Milk) (Jersey) Order 2003 – amended
In Article 4(2)(a) of the Agricultural
Marketing (Milk) (Jersey) Order 2003[80] for the words
“Education, Sport and Culture Committee” there shall be substituted
the words “Minister for Education, Sport and Culture”.