States of Jersey
(Amendments and Construction Provisions No. 10) (Jersey) Regulations 2005
Made 24th May 2005
Coming into force in
accordance with Regulation 10
THE STATES, in pursuance of Article 49 of the States of Jersey Law 2005,[1] have made the following
Regulations –
1 Harbour and Light Dues (Jersey) Law 1947
(1) In
this Regulation, any reference to a provision is a reference to the provision
in the Harbour and Light Dues (Jersey) Law 1947.[2]
(2) In
Article 1 –
(a) the
definition “Committee” shall be deleted;
(b) after
the definition “light dues” there shall be inserted the following
definition –
“
‘Minister’ means the Minister for Economic Development;”.
(3) In
Article 8(1), in paragraph (ii) to the proviso, for the words
“it thinks fit” there shall be substituted the words “he or
she thinks fit”.
(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, the definition “light dues”;
(b) Article
6;
(c) Article
7(2);
(d) Article
8.
2 Aerodromes
(Administration) (Jersey) Law 1952
(1) In
this Regulation, any reference to a provision is a reference to the provision
in the Aerodromes (Administration) (Jersey)
Law 1952.[3]
(2) In
Article 1 –
(a) the
definition “Committee” shall be deleted;
(b) after
the definition “Harbour Master” there shall be inserted the
following definition –
“
‘Minister’ means the Minister for Economic Development;”.
(3) In
Article 2(1) for the words “Harbours and Airport Committee”
there shall be substituted the word “Minister”.
(4) In
Article 2(1) and (2) for the word “Committee” there shall be
substituted the word “Minister”.
(5) In
Article 7 for the word “Committee” there shall be substituted
the word “Minister”.
3 Civil
Aviation (Supplementary Provisions) (Jersey) Law 1955
(1) In
this Regulation, any reference to a provision is a reference to the provision
in the Civil Aviation (Supplementary
Provisions) (Jersey) Law 1955.[4]
(2) In
Article 1(1) the definition “Committee” shall be deleted.
(3) In
Article 3(3) for the words “it may prohibit” there shall be
substituted the words “he or she may prohibit”.
(4) In
Article 4(3) for the words “its powers” there shall be substituted
the words “the Minister’s powers”.
(5) 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), (2) and (3);
(c) Article
4(1), (2), (3), (4) and (6);
(d) Article
6;
(e) Schedule,
paragraphs 1, 2, 3, 4, 5 and 9.
4 Airport
Dues (Jersey) Law 1956
(1) In
this Regulation, any reference to a provision is a reference to the provision
in the Airport Dues (Jersey) Law 1956.[5]
(2) In
Article 1 –
(a) the
definition “Committee” shall be deleted;
(b) for
the full stop at the end of the definition “military aircraft”
there shall be substituted a colon;
(c) after
the definition “military aircraft” there shall be inserted the
following definition –
“
‘Minister’ means the Minister for Economic Development.”.
(3) In
Article 5(2) for the words “it is of opinion that it should”
there shall be substituted the words “the Minister is of the opinion that
he or she should”.
(4) In
Article 6(3) for the words “it thinks fit” there shall be
substituted the words “the Minister thinks fit”.
(5) 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 “the Airport Director”;
(b) Article
3(1);
(c) Article
5(2);
(d) Article
6(3).
5 Harbours
(Administration) (Jersey) Law 1961
(1) In
this Regulation, any reference to a provision is a reference to the provision
in the Harbours (Administration) (Jersey)
Law 1961.[6]
(2) In
Article 1 –
(a) the
definition “Committee” shall be deleted;
(b) after
the definition “Harbour Master” 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) and (2);
(b) Article
4(2) and (3).
6 Pilotage
(Jersey) Law 1988
(1) In
this Regulation, any reference to a provision is a reference to the provision
in the Pilotage (Jersey) Law 1988.[7]
(2) In
Article 1 –
(a) the
definition “Committee” shall be deleted;
(b) after
the definition “Harbour Master” there shall be inserted the
following definition –
“
‘Minister’ means the Minister for Economic Development;”.
(3) In
Article 15(2) for the words “Committee should it so think fit”
there shall be substituted the words “Minister should he or she so think
fit”.
(4) 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)(d);
(b) Article
3(1);
(c) Article
7;
(d) Article
15(1).
7 Shipping
(Jersey) Law 2002
(1) In
this Regulation, any reference to a provision is a reference to the provision
in the Shipping (Jersey) Law 2002.[8]
(2) In
Article 1 –
(a) the
definition “Committee” shall be deleted;
(b) after
the definition “master” there shall be inserted the following
definition –
“
‘Minister’ means the Minister for Economic Development;”.
(3) In
Article 23 –
(a) for
sub-paragraph (1)(a) there shall be substituted the following –
“(a) the Minister or an officer, authorized by the Minister, of an administration of the States
for which the Minister is assigned responsibility;”;
(b) in
paragraph (1) for the words “Committee in the performance of its
functions” there shall be substituted the words “the Minister in
the performance of his or her functions”;
(c) for
paragraph (2) there shall be substituted the following
paragraph –
“(2) The persons referred to in
paragraph (1) are –
(a) the Minister for Treasury and Resources;
(b) the Minister for Home Affairs;
(c) the Jersey Financial Services Commission or
an officer or agent of the Commission who is authorized by it;
(d) a person who is –
(i) an
officer of an administration of the States Department for which one of the
Ministers mentioned in this paragraph is designated responsibility and who is
authorized by that Minister, or
(ii) an
agent of one of the Ministers mentioned in this paragraph and who is authorized
by that Minister.”.
(4) In
Article 29(1) for the words “its power” there shall be
substituted the words “his or her power”.
(5) In
Article 39(1) for the words “appointed by it” there shall be
substituted the words “appointed by the Minister”.
(6) In
Article 40(3) for the words “its decision” there shall be
substituted the words “the Minister’s decision”.
(7) In
Article 40(4) for the words “it shall state” there shall be
substituted the words “the Minister shall state”.
(8) In
Article 41(1) for the words “appointed by it” there shall be
substituted the words “appointed by the Minister”.
(9) In
Article 53(1) for the words “appear to them” there shall be
substituted the words “appear to the Minister”.
(10) In
Articles 64(2) and 67(1) for the words “it may” there shall be
substituted the words “the Minister may”.
(11) In
Article 64(4) and (5) for the words “it shall” there shall be
substituted the words “the Minister shall”.
(12) In
Article 66(4) for the words “the Committee itself, acting through
persons specifically authorized by it, may for that purpose take any such
action as it has power” there shall be substituted the words “the
Minister, acting through persons specifically authorized by him or her, may for
that purpose take any such action as the Minister has power”.
(13) In
Article 85(1) for the words “authorized by it” (twice
occurring) there shall be substituted the words “authorized by the
Minister”.
(14) In
Article 86(1) for the words “it directs” there shall be
substituted the words “the Minister directs”.
(15) In
Article 101 for the words “employed by or acting on behalf of the
Committee” and “it or he” there shall be substituted the
words “in an administration of the States for which the Minister is
assigned responsibility” and “he or she” respectively.
(16) In
Article 146 –
(a) in
paragraphs (2) and (3) for the words “property of the Committee”
there shall be substituted the words “property of the States of Jersey”;
(b) in
paragraph (3) for the words “the Committee may” there shall be
substituted the words “the Minister may”;
(c) in
paragraphs (3) and (4) for the words “on behalf of the Committee”
there shall be substituted the words “on behalf of the States of
Jersey”;
(d) in
paragraph (4) for the words “the Committee either” there shall
be substituted the words “the Minister either”;
(e) in
paragraph (5) for the words “Committee” and “it shall
pay” there shall be substituted the words “States” and
“the Minister shall pay” respectively.
(17) In
Article 154(1) for the words “report to it” there shall be
substituted the words “report to the Minister”.
(18) In
Article 166(5) for the words “submitted to it” there shall be
substituted the words “submitted to the Minister”.
(19) In
Article 167(9) for the words “if it is of the opinion” there
shall be substituted the words “if he or she is of the opinion”.
(20) In
Article 169(2) for the words “that it considers” there shall
be substituted the words “that the Minister considers”.
(21) In
Article 185(2) for the words “any of its officers” there shall
be substituted the words “any officer in an administration of the States
for which the Minister is assigned responsibility”.
(22) In
Article 186(5) for the words “it may agree” there shall be
substituted the words “the Minister may agree”.
(23) In
Article 187(1) for the words “the Committee may, upon any conditions
it thinks fit” and “it is satisfied” there shall be
substituted the words “the Minister may, on any conditions he or she
thinks fit” and “the Minister is satisfied” respectively.
(24) In
Article 189(1) for the words “on them” there shall be
substituted the words “on the Minister”.
(25) In
Article 191(1) for the words “it may require” and
“produce to it” there shall be substituted the words “the
Minister may require” and “produce to the Minister”
respectively.
(26) In
Article 191(2) for the words “it may require” there shall be
substituted the words “the Minister may require”.
(27) In
Article 192(1)(a) for the words “as it thinks fit” there shall
be substituted the words “as the Minister thinks fit”.
(28) In
Schedule 3 in paragraph 4(1) for the words “it considers”
there shall be substituted the words “he or she considers”.
(29) In
Schedule 5, in paragraph 5(2) of Article 9 in Part 2, for
the words “Finance and Economics Committee” there shall be
substituted the words “Minister for Treasury and Resources”.
(30) In
Schedule 6, in paragraphs 7(2) and 9(1) in Part 2, for the words
“Finance and Economics Committee” there shall be substituted the
words “Minister for Treasury and Resources”.
(31) In
Schedule 6, in paragraph 9(1) in Part 2, for the words
“The Committee” there shall be substituted the words “The
Minister”.
(32) In
Schedule 7, in paragraph 4(2) in Part 2, for the words
“the Committee” and “as it thinks fit” there shall be
substituted the words “the Minister” and “as the Minister
thinks fit” respectively.
(33) In the
following provisions for the word “Committee” in each place where
it appears there shall be substituted the word
“Minister” –
(a) Article 9(1);
(b) Article 11(2)(b)(iii)
and (3);
(c) Article 13(2)(b)(i);
(d) Article 15(1),
(4) and (6);
(e) Article 18(2);
(f) Article 20(8)
and (9);
(g) Article 21(2);
(h) Article 29(1)
and (2);
(i) Article 35(1);
(j) Article 36(2);
(k) Article 39(1),
(4) and (5);
(l) Article 40(2),
(3), (4) and (6);
(m) Article 41(1),
(3) and (4);
(n) Article 42(1);
(o) Article 43(1);
(p) Article 45;
(q) Article 47(1)
and (2);
(r) Article 49(6)
and (7);
(s) Article 52(2);
(t) Article 53(1);
(u) Article 54(1)
and (4);
(v) Article 60(2);
(w) Article 64(2),
(4) and (5);
(x) Article 65(1);
(y) Article 66(1),
(2) and (4);
(z) Article 67(1)
and (2);
(aa) Article 68(2);
(ab) Article 72(2);
(ac) Article 75(1)
and (2);
(ad) Article 76(1);
(ae) Article 77(1);
(af) Article
80(4);
(ag) Article 81(2);
(ah) Article 83(1)
and (2);
(ai) Article 84;
(aj) Article 85(1)
and (2);
(ak) Article 86(1);
(al) Article 87(3);
(am) Article 88(2);
(an) Article 89(1);
(ao) Article 92(1)
and (2);
(ap) Article 94(1)
and (2);
(aq) Article 95(1),
(2) and (3);
(ar) Article 98(2);
(as) Article 101
and the heading to the Article;
(at) Article 105(1);
(au) Article 106;
(av) Article 109(1)
and (3);
(aw) Article 111(5)(c)
and (6);
(ax) Article 113(1);
(ay) Article 114
and the heading to the Article;
(az) Article 117(1)(b);
(ba) Article 125(1)
and (6) and the heading to the Article;
(bb) Article 128(1),
definition of “Receiver”;
(bc) Article 130(4);
(bd) Article 145(5);
(be) Article 146(2),
(3), (4) and (5);
(bf) Article 151(1)
and (4);
(bg) Article
154(1), (2), (5), (6) and (7);
(bh) Article
156(1);
(bi) Article
157(2)(b), (3) and (5);
(bj) Article
163(3);
(bk) Article
166(1), (4), (5), (6), (7) and (8);
(bl) Article
167(1), (8), (9) and (10);
(bm) Article 168;
(bn) Article 169(1),
(2) and (4);
(bo) Article
170(1), (2), (3) and (5);
(bp) Article
171(2);
(bq) Article
172;
(br) Article
181(3) and (4);
(bs) Article
184(4);
(bt) Article
185(1) and (2) and the heading to the Article;
(bu) Article
186(1), (2), (3), (4) and (5) and the heading to the Article;
(bv) Article
188(1), (2), (3) and (4);
(bw) Article 189(1)
and (2);
(bx) Article
190(2);
(by) Article
191(1) and (2) and the heading to the Article;
(bz) Article
192(1), (2) and (4);
(ca) Article
193(1);
(cb) Article
194;
(cc) Article
196(1);
(cd) Article
197(1);
(ce) Article
198(2);
(cf) Article
199(1);
(cg) Schedule 2,
paragraphs 1(5), 3(1), (2) and (4), 7(3), (4) and (5), 13(2), 16(1) and (3),
19(1) and (2), 20(2), (3), (4) and (5), 21(1), 23(1), 25(1), (3) and (6) and
27;
(ch) Schedule
3, paragraph 4(1);
(ci) Schedule
5, paragraphs 4 and 11 in Part 2;
(cj) Schedule
6, paragraphs 5(2) and 9(1) in Part 2;
(ck) Schedule
9, paragraphs 1(1)(b) and 3;
(cl) Schedule
10, paragraphs 3 and 4(1) and (2).
8 Construction
of certain Orders in Council
In the Acts of the United Kingdom extended to Jersey by the Orders
referred to in Schedule 1, insofar as those Acts extend to Jersey –
(a) a
reference to the Defence Committee shall be construed as a reference to the
Minister for Home Affairs;
(b) a
reference to the Harbours and Airport Committee shall be construed as a
reference to the Minister for Economic Development; and
(c) a
reference to the Finance and Economics Committee shall be construed as a
reference to the Minister for Treasury and Resources.
9 Subordinate
enactments amended
The enactments referred to in Schedule 2 shall be amended as
set out in the Schedule.
10 Citation and
commencement
These Regulations may be cited as the States of Jersey (Amendments and
Construction Provisions No. 10) (Jersey) Regulations 2005 and shall come
into force on the date on which Article 42(3) of the States of Jersey Law
2005[9] comes into force.
M.N. DE LA HAYE
Greffier of the States.
SCHEDULE 1
(Regulation 8)
CONSTRUCTION OF CERTAIN ORDERS IN COUNCIL
1 Civil
Aviation Act (Channel Islands) Order 1953.[10]
2 Civil
Aviation Act (Channel Islands) Order 1966.[11]
3 Civil
Aviation Act 1971 (Channel Islands) Order 1972.[12]
4 Civil
Aviation Act 1982 (Jersey) Order 1990.[13]
5. Aviation
Security (Jersey) Order 1993.[14]
6 Air
Navigation (Jersey) Order 2000.[15]
7 Civil
Aviation (Investigation of Air Accidents and Incidents) (Jersey)
Order 2000.[16]
SCHEDULE 2
(Regulation 9)
Subordinate enactments amended
1 Harbours
(Jersey) Regulations 1962 – references to Defence Committee
(1) In
this paragraph, any reference to a provision is a reference to the provision in
the Harbours (Jersey) Regulations 1962.[17]
(2) In
Regulation 36 for the words “officer of the Home Affairs
Committee” there shall be substituted the words “officer in an
administration of the States for which the Minister is assigned
responsibility”.
(3) In
Regulation 37 for the words “from the Home Affairs Committee having
regard to that Committee’s” there shall be substituted the words
“from the Minister for Home Affairs having regard to that
Minister’s”.
(4) In
the following provisions for the words “Home Affairs Committee”
there shall be substituted the words “Minister for Home Affairs”
–
(a) Regulation
30;
(b) Regulation
34(1).
2 Harbours
(Jersey) Regulations 1962 – other amendments
(1) In
this paragraph, any reference to a provision is a reference to the provision in
the Harbours (Jersey) Regulations 1962.
(2) In
Regulation 1(1) and (2) for the words “it deems appropriate” there
shall be substituted the words “he or she deems appropriate”.
(3) In
Regulation 2(1) –
(a) for
the words “it considers” and “it thinks” there shall be
substituted the words “he or she considers” and “he or she
thinks” respectively;
(b) for
the words “its officers” there shall be substituted the words
“the officers in an administration of the States for which the Minister
is assigned responsibility”.
(4) In
Regulation 2(2) for the words “it deems” there shall be
substituted the words “he or she deems”.
(5) In
Regulations 3(3) and 4(1) for the words “it thinks” there shall be
substituted the words “he or she thinks”.
(6) In
Regulation 3(4) for the words “it shall” and “its
decision” there shall be substituted the words “he or she
shall” and “the Minister’s decision” respectively.
(7) In
Regulation 3(7) for the words “its decision” there shall be
substituted the words “the Minister’s decision”.
(8) In
Regulation 7(2) for the words “its officers” there shall be
substituted the words “any officers in an administration of the States
for which the Minister is assigned responsibility”.
(9) In
Regulation 37 –
(a) for
the words “The Committee may at its absolute discretion” there
shall be substituted the words “The Minister may at his or her absolute
discretion”;
(b) for
the words “it has obtained” there shall be substituted the words
“he or she has obtained”.
(10) In
Regulation 45(4) for the words “the Committee or its officers”
there shall be substituted the words “the Minister or an officer in an
administration of the States for which the Minister is assigned
responsibility”.
(11) In
Regulation 48(h) for the words “any officer of the Committee in the
exercise of the officer’s duties” there shall be substituted the
words “an officer in an administration of the States for which the
Minister is assigned responsibility in the exercise of the officer’s
duties”.
(12) In
Regulation 51 the definition “Committee” shall be omitted.
(13) In the
following provisions for the word “Committee” in each place where
it appears there shall be substituted the word
“Minister” –
(a) Part
1, heading to the Part;
(b) Regulation
1(1), (2) and (3) and the heading to the Regulation;
(c) Regulation
2(1) and (2);
(d) Regulation
3(1), (2), (3), (4), (7) and (8);
(e) Regulation
4(1) and (2);
(f) Regulation
5;
(g) Regulation
7(2);
(h) Regulation
11;
(i) Regulation
20(k);
(j) Regulation
24;
(k) Regulation
35;
(l) Regulation
45(3);
(m) Regulation
47(1) and (2);
(n) Regulation
49(1) and (2) and the heading to the Regulation.
3 Aerodromes
(Jersey) Regulation 1965
(1) In
this paragraph, any reference to a provision is a reference to the provision in
the Aerodromes (Jersey) Regulations 1965.[18]
(2) In
Regulation 2(1) and (2) for the words “as it deems” there shall be
substituted the words “as the Minister deems”.
(3) In
Regulation 3(1) for the words “as it thinks fit” (twice
occurring) there shall be substituted the words “as the Minister thinks
fit”.
(4) In
Regulation 7(4) for the words “Committee or any officer or servant
of the Committee” there shall be substituted the words “Minister,
any officer in an administration of the States for which the Minister is
assigned responsibility or any servant of the Minister”.
(5) In
the following provisions for the word “Committee” in each place
where it appears there shall be substituted the word
“Minister” –
(a) Heading
to Part 2;
(b) Regulation
2(1), (2) and (3) and the heading to the Regulation;
(c) Regulation
3(1) and (2);
(d) Regulation
4;
(e) Regulation
9(1) and (2);
(f) Regulation
11(1) and (2) and the heading to the Regulation.
4 Boats
and Surf-Riding (Control) (Jersey) Regulations 1969
(1) In
this paragraph, any reference to a provision is a reference to the provision in
the Boats and Surf-Riding (Control)
(Jersey) Regulations 1969.[19]
(2) In
Regulations 1, 4, 7 and 31(1) the definition “Committee” shall be
deleted.
(3) In
Regulations 11 and 23(1) the definition “competent authority” shall
be deleted.
(4) In
Regulations 17(1) and 28(1) for the words “it shall notify the applicant
for or holder of the licence of the reasons for its decision” there shall
be substituted the words “he or she shall notify the applicant for or
holder of the licence of the reasons for the Minister’s decision”.
(5) In
Regulation 17(4) for the words “its decision” there shall be
substituted the words “the Minister’s decision”.
(6) In
the following Regulations for the words “competent authority” there
shall be substituted the word “Minister” –
(a) Regulation
13(1);
(b) Regulation
14(1);
(c) Regulation
15;
(d) Regulation
16(1) and (2);
(e) Regulation
17(1) and (4);
(f) Regulation
23, in the definition “licence”;
(g) Regulation
25;
(h) Regulation
26(1);
(i) Regulation
27(1) and (2);
(j) Regulation
28(1) and (5).
(7) In
Regulation 37(1) for the words “Harbours and Airport
Committee” there shall be substituted the word “Minister”.
(8) For
Regulation 44 there shall be substituted the following Regulation –
The Minister may at his or
her absolute discretion exempt any person or thing from any of the provisions
of these Regulations subject to the conditions that the Minister thinks
fit.”.
(9) In
the following provisions for the word “Committee” in each place
where it appears there shall be substituted the word “Minister” –
(a) Regulation
2(2), (6), (7), (8), (9), (10) and (12);
(b) Regulation
5(1), (2), (3), (4), (5) and (6);
(c) Regulation
8(1), (2) and (3);
(d) Regulation
32(1);
(e) Regulation
33(1) and (2);
(f) Regulation
35(1), (3) and (4).
5 Pilotage
(General Provisions) (Jersey) Regulations 1988
(1) In
this paragraph, any reference to a provision is a reference to the provision in
the Pilotage (General Provisions) (Jersey)
Regulations 1988.[20]
(2) In
Regulation 4(7) for the words “it is satisfied” there shall be
substituted the words “he or she is satisfied”.
(3) In
Regulation 5(1) for the words “it may attach” there shall be
substituted the words “the Minister may attach”.
(4) For
Regulation 7(2) there shall be substituted the following paragraph –
(a) a pilot refuses to submit to such an
examination; or
(b) whether as the result of such an examination
or otherwise, it appears to the Minister that there is reason to believe that a
pilot is physically or mentally unfit to be entrusted with the pilotage charge
of ships in the territorial waters of the Island,
the Minister may make such
enquiry as he or she deems necessary into the person’s qualifications and
fitness, and, unless the Minister is satisfied that the pilot is fit as
aforesaid, the Minister shall suspend the pilot’s licence until the pilot
has so satisfied the Minister, following which the Minister may, in his or her
discretion, restore the licence.”.
(5) In
Regulation 10(1) for the words “it shall notify the applicant for
the licence or the pilot, as the case may be, of the reasons for its
decision” there shall be substituted the words “he or she shall
notify the applicant for the licence or the pilot, as the case may be, of the
reasons for his or her decision”.
(6) In
Regulation 10(5) for the words “its decision” there shall be
substituted the words “the Minister’s decision”.
(7) In
Regulation 11(2) for the words “it may appoint” there shall be
substituted the words “the Minister may appoint”.
(8) In
the following provisions for the word “Committee” in each place
where it appears there shall be substituted the word
“Minister” –
(a) Regulation
2;
(b) Regulation
3(1)(c);
(c) Regulation
4(1)(e)(iii) and (7);
(d) Regulation
5(1), (2) and (5);
(e) Regulation
7(1);
(f) Regulation
8(1);
(g) Regulation
9;
(h) Regulation
10(1), (5) and (6);
(i) Regulation
11(1) and (2);
(j) Regulation
12(2)(b);
(k) Regulation
13(2);
(l) Regulation
15;
(m) Regulation
18(1) and (2).
6 Pilotage
(Pensions) (Jersey) Regulations 1988
(1) In
this paragraph, any reference to a provision is a reference to the provision in
the Pilotage (Pensions) (Jersey) Regulations 1988.[21]
(2) In
Regulation 1, for the definition “Scheme” there shall be
substituted the following definition –
“ ‘Scheme’
means the pension scheme approved for the purposes of these Regulations under
Regulation 2.”.
(3) For
Regulation 2 there shall be substituted the following Regulation –
The Minister for Economic
Development shall continue to maintain the pension scheme approved for the
purposes of these Regulations before the States of Jersey Law 2005 came into
force.”.
(4) In
Regulation 5(1) and (2) for the word “Committee” there shall
be substituted the word “Minister”.
7 Pilotage
(Dues and Fees) Order 2003
(1) In
this paragraph, any reference to a provision is a reference to the provision in
the Pilotage (Dues and Fees) Order 2003.[22]
(2) In
Article 2(1) for the words “shall continue to be administered by the
Committee for the payment to general pilots, at the discretion of the
Committee,” there shall be substituted the words “shall be
administered by the Minister for the payment to general pilots, at the
discretion of the Minister,”.
(3) In
Article 2(2)(e) for the word “Committee” there shall be
substituted the word “Minister”.
(4) In
Article 3(2) for the word “Committee’s” there shall be
substituted the word “Minister’s”.
8 Shipping
(SOLAS) (Jersey) Regulations 2004
In Regulation 1 of the Shipping (SOLAS) (Jersey) Regulations
2004,[23] and the heading to the
Regulation, for the word “Committee” there shall be substituted the
word “Minister”.
9 Shipping
(Training, Certification and Manning) (Jersey) Order 2004
(1) In
this paragraph, any reference to a provision is a reference to the provision in
the Shipping (Training, Certification and Manning) (Jersey) Order 2004.[24]
(2) In
the heading to Article 5, for the word “Committee’s”
there shall be substituted the word “Minister’s”.
(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) Article
4(2)(b);
(c) Article
5.
10 Shipping
(Fishing Vessels – Safety Training) (Jersey) Order 2004
In the Shipping (Fishing Vessels – Safety Training)
(Jersey) Order 2004,[25] in Article 4, for the
word “Committee” and the words “as it may specify”
there shall be substituted the word “Minister” and the words
“as the Minister may specify” respectively.
11 Shipping
(Fishing Vessels Safety Provisions) (Jersey) Order 2004
(1) In
this paragraph, any reference to a provision is a reference to the provision in
the Shipping (Fishing Vessels Safety Provisions) (Jersey) Order 2004.[26]
(2) In
Article 133, for the words “if it is satisfied” there shall be
substituted the words “if the Minister is satisfied”.
(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
77(2);
(c) Article
124(2);
(d) Article
127;
(e) Article
128(1);
(f) Article
129;
(g) Article
132(1) and (2);
(h) Article
133;
(i) Article
134(1), (2) and (3);
(j) Schedule
1.
12 Shipping
(Registration) (Jersey) Regulations 2004
(1) In
this paragraph, any reference to a provision is a reference to the provision in
the Shipping (Registration) (Jersey) Regulations 2004.[27]
(2) In
Regulation 5(3), for the words “it considers” there shall be
substituted the words “the Minister considers”.
(3) In
Regulation 7(2), for sub-paragraph (c) there shall be substituted the
following sub-paragraph –
“(c) if the owner is a Minister of
the States of Jersey, by the Minister;”.
(4) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Regulation
3(2);
(b) Regulation
4(2)(e);
(c) Regulation
5(1)(c) and (3);
(d) Schedule
2, paragraph 3.
13 Shipping
(Tonnage) (Jersey) Regulations 2004
In the following provisions of the Shipping (Tonnage) (Jersey)
Regulations 2004,[28] for the word
“Committee”, in each place where it appears, there shall be substituted
the words “Minister” –
(a) Regulation 1,
in the definitions “authorized measurer”, “Certifying
Authority” and “moulded draught”;
(b) Regulation
3(3);
(c) Regulation
15;
(d) Regulation
22(5);
(e) Regulation
24(1) and (2).
14 Shipping
(Load Line) (Jersey) Regulations 2004
(1) In
this paragraph, any reference to a provision is a reference to the provision in
the Shipping (Load Line) (Jersey) Regulations 2004.[29]
(2) In
Regulation 17(4), for the words “it has reason” there shall be
substituted the words “the Minister has reason”.
(3) In
Regulations 18(1) and 19(1), for the words “it exempts” there shall
be substituted the words “the Minister exempts”.
(4) In
Regulation 20(2), for the words “it is satisfied” there shall
be substituted the words “the Minister is satisfied”.
(5) In
Regulation 20(3), for the words “it must first” there shall be
substituted the words “the Minister must first”.
(6) In
Regulation 20(4), for the words “it shall” there shall be
substituted the words “the Minister shall”.
(7) In
Regulation 20(6), for the words “surrendered to it” there
shall be substituted the words “surrendered to the Minister”.
(8) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word “Minister” –
(a) Regulation 1,
definitions of “Assigning Authority”, “freeboard deck”
and “surveyor”;
(b) Regulation
2(3)(c);
(c) Regulation
3(1), (3), (4) and (5);
(d) Regulation
7 and the heading to the Regulation;
(e) Regulation
15(1) and (2);
(f) Regulation
16(1), (2) and (3) and the heading to the Regulation;
(g) Regulation
17(4) and the heading to the Regulation;
(h) Regulation
18(1);
(i) Regulation
19(1) and (3)(c);
(j) Regulation
20(2), (3), (4)(a) and (b) and (6);
(k) Regulation
37(3)(b), (4)(b), (5) and (6)(a) and (b);
(l) Regulation
38(4)(a) and (b);
(m) Regulation
39(1) and (2);
(n) Regulation
41;
(o) Regulation
45(3).
15 Community
Provisions (Ship and Port Facility – Security) (Jersey) Regulations
2004
(1) In
this paragraph, any reference to a provision is a reference to the provision in
the Community Provisions (Ship and Port Facility – Security)
(Jersey) Regulations 2004.[30]
(2) In
Regulation 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;”.
(3) In
Regulation 11(2) for the words “It shall” there shall be
substituted the words “The Minister shall”.
(4) In
Regulation 13 –
(a) in
paragraph (5)(b), for the words “appointed by it” there shall
be substituted the words “appointed by the Minister”;
(b) in
paragraph (5)(d), for the words “its decision” there shall be
substituted the words “the Minister’s decision”;
(c) in
paragraph (6), for the words “its decision” there shall be
substituted the words “the Minister’s decision”.
(5) In
Regulation 14(3) for the word “Committee’s” there shall
be substituted the word “Minister’s”.
(6) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Regulation
4;
(b) Regulation
5(1), (2), (3), (4) and (7);
(c) Regulation
6(1), (2), (3) and (4);
(d) Regulation
7(4);
(e) Regulation
8(1) and (2);
(f) Regulation
9(1), (3), (4), (5) and (6);
(g) Regulation
10;
(h) Regulation
11(1);
(i) Regulation
13(4), (5), (6) and (7);
(j) Regulation
14(1), (2), (3) and (4);
(k) Regulation
17;
(l) Regulation 20(1),
(3), (4) and (5);
(m) Regulation 23(1) and (2).
16 Shipping
(Safety Codes) (Jersey) Order 2005
(1) In
this paragraph, any reference to a provision is a reference to the provision in
the Shipping (Safety Codes) (Jersey) Order 2005.[31]
(2) In
Article 5(2) for the word “Committee’s” there shall be
substituted the word “Minister’s”.
(3) 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) and (2);
(b) Regulation
6;
(c) Regulation
8, definition “Memorandum of Understanding”.