States of Jersey
(Amendments and Construction Provisions No. 6) (Jersey) Regulations 2005
Made 24th May 2005
Coming into force in
accordance with Regulation 5
THE STATES, in pursuance of Article 49 of the States of Jersey Law 2005,[1] have made the following
Regulations –
1 Education
(Jersey) Law 1999 – amended
(1) In
this Regulation, any reference to a provision is a reference to the provision
in the Education (Jersey) Law 1999.[2]
(2) In
Article 1 –
(a) in
paragraph (1) the definition “Committee” shall be deleted;
(b) in
paragraph (1) after the definition “medical officer” there shall be
inserted the following definition –
“ ‘Minister’ means the Minister for Education, Sport and Culture;”.
(3) In
Article 7(3) for the words “it shall consult” there shall be
substituted the words “the Minister shall consult”.
(4) In
Article 8 for the words “established by it” there shall be
substituted the words “established by the Minister”.
(5) In
Article 13(2) for the words “if it is” there shall be
substituted the words “if the Minister is”.
(6) In
Article 14(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”.
(7) In
Article 16(1)(b) for the words “they consider” there shall be
substituted the words “the Minister considers”.
(8) In
Article 23(1) for the words “as it considers” there shall be
substituted the words “as the Minister considers”.
(9) In
Article 24(1) for the words “as it thinks fit” there shall be
substituted the words “as the Minister thinks fit”.
(10) In
Article 30 for the words “known by it” there shall be
substituted the words “known by the Minister”.
(11) For
Article 31(4) there shall be substituted the following
paragraph –
“(4) The Minister may by written
direction delegate the power to receive and determine any appeal under
paragraph (2)(g) to the Director of Education or to a panel of persons
appointed by the Minister for the purpose, subject to the conditions,
exceptions or qualifications that the Minister may specify in the
direction.”.
(12) In
Article 40(2) for the words “as the Committee require” there
shall be substituted the words “as the Minister requires”.
(13) In
Article 40(3) for the words “if it is satisfied” there shall
be substituted the words “if the Minister is satisfied”.
(14) In
Article 40(4) for the words “as it thinks fit” there shall be
substituted the words “as the Minister thinks fit”.
(15) In
Article 42 for the words “its functions” there shall be
substituted the words “the Minister’s functions”.
(16) In
Article 43(2) for the words “it shall cause” there shall be
substituted the words “the Minister shall cause”.
(17) In
Article 48(2) for the words “as appear to it” and
“report back to it” there shall be substituted the words “as
appears to the Minister” and “report back to the Minister”
respectively.
(18) In
Article 49(2) for the words “its control” there shall be
substituted the words “the Minister’s control”.
(19) In
Article 50(1) for the words “its duties” there shall be
substituted the words “the Minister’s duties”.
(20) In
Article 53 for the words “its duties and exercise its powers under
this Part so as to make the most efficient use of the resources available to
it” there shall be substituted the words “the Minister’s
duties and exercise the Minister’s powers under this Part so as to make
the most efficient use of the resources available to him or her”.
(21) In
Article 54(1)(a) and (b) for the words “the Committee’s”
there shall be substituted the words “the Minister’s”.
(22) For Article 55
of the Education (Jersey) Law 1999
there shall be substituted the following Article –
“55 Appointment
of Director of Education
There shall be appointed by
the Chief Minister a person, to be known as the Director of Education, who
shall carry out the duties that are assigned to him or her by the Minister for
Education, Sport and Culture.”.
(23) In
Article 58(1) for the words “think fit” there shall be substituted
the words “thinks fit”.
(24) In
Article 58(4) for the words “Committee under” and
“Committee itself” there shall be substituted the words
“Minister under” and “Minister himself or herself”
respectively.
(25) In
Article 61 for the words “its functions” there shall be
substituted the words “the Minister’s functions”.
(26) In
Article 62(3) for the words “The Committee shall not make such
arrangements in relation to a child whose parent has given notice to it”
there shall be substituted the words “The Minister shall not make such
arrangements in relation to a child whose parent has given notice to the
Minister”.
(27) In
Articles 65(1) and 66(a) for the words “its duties” there
shall be substituted the words “the Minister’s duties”.
(28) 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),
definitions of “medical officer” and “prescribed”;
(b) Article 5(2);
(c) the
heading to, and paragraphs (2), (3), (4), (5), (6) and (7) of,
Article 7;
(d) Article 8
and its heading;
(e) Article 9;
(f) the
heading to, and paragraphs (1) and (2) of, Article 10;
(g) Article 11
and its heading;
(h) Article 13(1),
(2), (3) and (4);
(i) Article 14(3);
(j) Article 15(1),
(2) and (3);
(k) Article 16(1),
(4) and (5);
(l) Article 18;
(m) Article 21;
(n) Article 23(1)
and (2);
(o) Article 24(1)
and (2);
(p) the
heading to, and paragraphs (1), (2) and (3) of, Article 29;
(q) Article 30
and its heading;
(r) Article 31(3);
(s) Article 32;
(t) Article 34
and its heading;
(u) Article 38(1)
and (2)(e);
(v) Article 40(1),
(3), (4), (5) and (6);
(w) Article 41;
(x) Article 42;
(y) Article 43(1),
(2), (3), (4) and (6);
(z) Article 45;
(aa) Article 46
and its heading;
(ab) Article 47
and its heading;
(ac) the
heading to, and paragraphs (1) and (2) of, Article 48;
(ad) the
heading to, and paragraphs (1) and (2) of, Article 49;
(ae) the
heading to, and paragraphs (1), (2) and (3) of, Article 50;
(af) Article 51;
(ag) Article 52(1)
and (2);
(ah) Article 53
and its heading;
(ai) the
heading to, and paragraph (1) of, Article 54;
(aj) paragraphs (1)
and (2) of, Article 56;
(ak) Article 57(6),
(7) and (8);
(al) the
heading to, and paragraphs (1), (2) and (3) of, Article 58;
(am) Article 61;
(an) Article 62(1)
and (2);
(ao) the
heading to, and paragraphs (1), (2) and (3) of, Article 64;
(ap) Article 65(1);
(aq) Article 66
and the heading to the Article;
(ar) Article 68(1)(b)
and (2).
(29) In
Schedule 3, in paragraphs 4(2) and 6(1) and (2), for the word
“Committee” in each place where it appears there shall be
substituted the word “Minister”.
(30) In Schedule
4 –
(a) for
paragraph 5(1)(b) there shall be substituted the following sub-paragraph –
“(b) one person nominated for the
time being by the Minister and referred to in this Schedule as the
‘nominated governor’;”;
(b) in
paragraph 6(7) for the words “governor, it shall” there shall
be substituted the words “governor, the Minister shall”;
(c) in
the following provisions for the word “Committee” in each place
where it appears there shall be substituted the word
“Minister” –
(i) paragraph 5(6),
(ii) paragraph 6(1),
(5) and (7),
(iii) paragraph 9(1),
(iv) paragraph 10(1), (2)
and (3),
(v) paragraph 11;
(vi) paragraph 13(2),
(vii) paragraph 19(2),
(viii) paragraph 20(3),
(ix) paragraph 21(4),
(x) paragraph 22(2)(a).
(31) In
Schedule 5 –
(a) for
paragraph 5(2) there shall be substituted the following paragraph –
“(2) The Minister shall appoint a
person to be the vice-chairman.”;
(b) in
paragraph 6(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) in
the following provisions for the word “Committee” in each place
where it appears there shall be substituted the word
“Minister” –
(i) paragraph 2(c),
(ii) paragraph 5(3),
(iii) paragraph 6(2)(a),
(iv) paragraph 9.
(32) In Schedule
6 –
(a) for
paragraph 3(c) there shall be substituted the following paragraph –
“(c) 6 persons nominated by the
Minister.”;
(b) in
paragraph 4(3) for the words “Committee shall invite a body which
appears to it” there shall be substituted the words “Minister shall
invite a body which appears to him or her”;
(c) in
the following provisions for the word “Committee” in each place
where it appears there shall be substituted the word
“Minister” –
(i) paragraph 2(a),
(b) and (c),
(ii) paragraph 4(1)
and (2),
(iii) paragraph 5(2)(a),
(iv) paragraph 7(3),
(v) paragraph 8 and 8(a).
2 Public
Records (Jersey) Law 2002 – amended
(1) In
this Regulation, any reference to a provision is a reference to the provision
in the Public Records (Jersey)
Law 2002.[3]
(2) In
Article 1 in paragraph (1) –
(a) the
definition “Committee” shall be deleted;
(b) after
the definition “function” there shall be inserted the following
definition –
“
‘Minister’ means the Minister for Education, Sport and
Culture;”.
(3) In
Article 5(1)(g)(iii) for the words “Committee of the States”
there shall be substituted the word “Minister”.
(4) In
Article 31(5)(d) for the words “Education, Sport and Culture
Committee” there shall be substituted the word “Minister”.
(5) For
Article 44(2)(b) of the principal Law there shall be substituted the
following sub-paragraphs –
“(b) the Trust, any member of the
Trust, and any person who is, or is acting as, an officer, employee or agent of
the Trust or performing any duty or exercising any power on behalf of the
Trust;
(ba) the Minister and an officer in an administration
of the States for which the Minister is assigned responsibility;”.
(6) In
the following provisions for the word “Committee” in each place
where it appears there shall be substituted the word
“Minister” –
(a) Article 14(2),
(4) and (5);
(b) Article 16(c)
and (e);
(c) Article 42(1);
(d) Article 43(1)(a);
(e) Article 49(2)
and (3)(b);
(f) Schedule
2, paragraphs 1(3), (4) and (5).
3 Day
Care of Children (Jersey) (Law) 2002
(1) In
this Regulation, any reference to a provision is a reference to the provision
in the Day Care of Children (Jersey)
Law 2002.[4]
(2) In
Article 1 –
(a) in
paragraph (1) the definition “Committee” shall be deleted;
(b) in
paragraph (1) for sub-paragraph (c)(ii) of the definition “day
carer” there shall be substituted the following sub-paragraph –
“(ii) an appointed foster parent or
a person who is fostering them privately, and”;
(c) after
the definition “day carer” there shall be inserted the following
definition –
“
‘Minister’ means the Minister for Education, Sport and
Culture;”.
(3) In
Article 2(4) for the words “if it is satisfied” there shall be
substituted the words “if he or she is satisfied”.
(4) In
Article 2(5) for the words “in its absolute” there shall be
substituted the words “in the Minister’s absolute”.
(5) In
Article 2(5)(b) for the words “as it thinks” there shall be
substituted the words “as the Minister thinks”.
(6) In
Article 4(1) for the words “it may impose” there shall be
substituted the words “the Minister may impose”.
(7) In
Article 4(1)(c) for the words “it may specify” there shall be
substituted the words “the Minister may specify”.
(8) In
Article 4(1)(f) for the words “it considers appropriate” there
shall be substituted the words “the Minister considers
appropriate”.
(9) In
Article 5(1) for the words “it shall issue” there shall be
substituted the words “the Minister shall issue”.
(10) In
Article 6(1) for the words “it may prescribe” there shall be
substituted the words “the Minister may prescribe”.
(11) In
Article 7(a) for the words “appears to it that the circumstances of
the case are such that it would” there shall be substituted the words
“appears to the Minister that the circumstances of the case are such that
the Minister would”.
(12) In
Article 8(1) for the words “its intention to do so and the reasons
for its” there shall be substituted the words “the Minister’s
intention to do so and the reasons for the Minister’s”.
(13) In
Article 8(3) for the words “it shall give the person concerned
written notice of its decision” there shall be substituted the words
“the Minister shall give the person concerned written notice of the
Minister’s decision”.
(14) In
Article 10(1) for the words “it may apply” there shall be
substituted the words “the Minister may apply”.
(15) In
Article 11(1) and 12(f) 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
who is”.
(16) 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), (4) and (5);
(b) Article 3;
(c) Article 4(1)
and (2);
(d) Article 5(1),
(3) and (4);
(e) Article 6(1);
(f) Article 7
and 7(b);
(g) Article 8(1),
(2) and (3);
(h) Article 9(4);
(i) Article 10(1),
(2) and (4).
4 Subordinate
enactments amended
The enactments set out in the Schedule shall be amended as set out
in that Schedule.
5 Citation
and commencement
These Regulations may be cited as the States of Jersey (Amendments
and Construction Provisions No. 6) (Jersey) Regulations 2005 and shall
come into force on the date on which Article 42(3) of the States of Jersey
Law 2005[5] comes into force.
M.N. DE LA HAYE
Greffier of the States.
SCHEDULE
(Article 4)
AMENDMENTS TO SUBORDINATE LEGISLATION
1 Education
(Discretionary Grants) (Jersey) Order 2001 – amended
(1) In
this paragraph, any reference to a provision is a reference to the provision in
the Education (Discretionary Grants)
(Jersey) Order 2001.[6]
(2) In
Article 1 in paragraph (1) after the definition “independent
student” there shall be inserted the following definition –
“
‘Minister’ means the Minister for Education, Sport and
Culture;”.
(3) In
Article 6(3) for the word “Committee’s” there shall be
substituted the word “Minister’s”.
(4) In
Article 12(3) for the words “its option” there shall be substituted
the words “the Minister’s option”.
(5) In
Article 15(7)(a) for the words “it thinks fit” there shall be
substituted the words “the Minister thinks fit”.
(6) In
Article 15(10) for the words “it has” there shall be
substituted the words “the Minister has”.
(7) In
Article 17, for paragraphs (1) and (2) there shall be substituted the
following paragraphs –
“(1) This Article applies where,
under Article 27 of the States of Jersey Law 2005, the Minister
delegates any of his or her functions under this Order to an officer.
(2) A panel shall be established to hear appeals
made under this Article, of which the members shall be –
(a) subject to paragraph (3), the Director
of Education within the meaning of the Education
(Jersey) Law 1999 or an officer in an administration of the States
for which the Minister is assigned responsibility who is nominated from time to
time by the Director of Education;
(b) the Minister or a person who is nominated
from time to time by the Minister; and
(c) a person, independent of an administration
of the States for which the Minister has been assigned responsibility, who is
nominated from time to time by the Minister.”.
(8) In
Article 17(10) for the year “1966” there shall be substituted
the year “2005”.
(9) In
Schedule 1, Article 5(c) for the words “Health and Social
Services Committee, made under the Children
(Jersey) Law 1969” there shall be substituted the words
“Minister for Health and Social Services made under the Children (Jersey) Law 2002”.
(10) 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)(a)
and (2);
(b) Article 5(5);
(c) Article 9;
(d) Article 10(2)(b)
and (4);
(e) Article 11(1);
(f) Article 12(2),
(3) and (4);
(g) Article 13(1);
(h) Article 14(2),
(3) and (5);
(i) Article 15(2),
(5), (6), (7), (10) and (11);
(j) Article 16;
(k) Schedule
1, Articles 2(4) and 5(b).
2 Public
Library (Jersey) Regulations 2003 – amendments relating to
appointment of staff
(1) In
this paragraph, any reference to a provision is a reference to the provision in
the Public Library (Jersey)
Regulations 2003.[7]
(2) In
Regulation 3(1) for the words “Policy and Resources
Committee” there shall be substituted the words “Chief
Minister”.
(3) In
Regulation 3(2) for the word “Committee” there shall be substituted
the word “Minister”.
(4) In
Regulation 4(1) for the words “Policy and Resources
Committee” and “as it thinks fit” there shall be substituted
the words “Chief Minister” and “as he or she thinks fit”
respectively.
3 Public
Library (Jersey) Regulations 2003 – further amendments
(1) In
this paragraph, any reference to a provision is a reference to the provision in
the Public Library (Jersey)
Regulations 2003.
(2) In
Regulation (1) –
(a) the
definition “Committee” shall be deleted;
(b) for
the definition “Library Rules” there shall be substituted the
following definitions –
“ ‘Library
Rules’ means rules made by the Minister under Regulation 8;
‘Minister’ means
the Minister for Education, Sport and Culture;”.
(3) In
Regulation 2(2) for the words “Education, Sport and Culture
Committee” there shall be substituted the word “Minister”.
(4) In
Regulation 5(1) for the words “its disposal” there shall
be substituted the words “the Minister’s disposal”.
(5) In
the following provisions for the word “Committee” in each place
where it appears there shall be substituted the word
“Minister” –
(a) Regulation
5(1);
(b) Regulation 6;
(c) Regulation 8(1);
(d) Regulation 9(2).
4 Public
Library (Jersey) Rules 2003 – amended
In Rule 12(4) of the Public
Library (Jersey) Rules 2003[8] for the word
“Committee” there shall be substituted the words “Minister
for Education, Sport and Culture”.