States of Jersey
(Transfer of Functions No. 9) (Health
and Social Services to Environment) (Jersey) Regulations 2017
Made 4th July 2017
Coming into force 11th
July 2017
THE STATES, in pursuance of Article 29 of the States of Jersey Law 2005[1], have made the following
Regulations –
1 Interpretation
In these Regulations –
“receiving Minister”
means the Minister for the Environment;
“transferring Minister”
means the Minister for Health and Social Services.
2 Functions
and connected rights and liabilities transferred
(1) There
shall be transferred to the receiving Minister the functions of the
transferring Minister under –
(a) the
Food Safety (Jersey) Law 1966[2]; and
(b) the Statutory Nuisances (Jersey) Law 1999[3].
(2) All
rights enjoyed and liabilities incurred by the transferring Minister in
connection with the functions transferred by paragraph (1) shall be
transferred to the receiving Minister and become the rights and liabilities of
the receiving Minister.
(3) A
provision of a contract or other instrument that specifies that a right or
liability of the transferring Minister is incapable of transfer shall, to the
extent that it applies to a right or liability transferred by paragraph (2),
be of no effect.
(4) The
operation of paragraph (2) shall not be regarded –
(a) as
a breach of contract or confidence or otherwise as a civil wrong;
(b) as
a breach of any contractual provision prohibiting, restricting or regulating
the assignment or transfer of rights or liabilities; or
(c) as
giving rise to any remedy by a party to a contract or other instrument, as an
event of default under any contract or other instrument or as causing or
permitting the termination of any contract or other instrument, or of any
obligation or relationship.
3 Food
Safety (Jersey) Law 1966 amended
In Article 1(1) of the Food Safety (Jersey) Law 1966[4], for the definition
“Minister” there shall be substituted the following
definition –
“ ‘Minister’
means the Minister for the Environment;”.
4 Food
Safety (Ice-Cream) (Jersey) Order 1967 amended
In Article 1(1) of the Food Safety (Ice-Cream) (Jersey) Order 1967[5] the definition
“Minister” shall be deleted.
5 Statutory
Nuisances (Jersey) Law 1999 amended
In Article 1(1) of the Statutory Nuisances (Jersey) Law 1999[6], for the definition
“Minister” there shall be substituted the following
definition –
“ ‘Minister’
means the Minister for the Environment;”.
6 Transitional
provisions
(1) The transfer effected by Regulation 2
shall not prejudice the operation of any appointment, approval, authorization,
consent, delegation, determination, direction, instruction, requirement or
other thing that is, before these Regulations come into force, made, given or
done by the transferring Minister in relation to the functions, rights and
liabilities so transferred, but such matter shall, if then in force, continue
in force to the like extent and subject to the like provisions as if it had
been duly made, given or done by the receiving Minister.
(2) Anything commenced before these Regulations
come into force by or under the authority of the transferring Minister may, so
far as it relates to any of the functions, rights and liabilities transferred
by Regulation 2, be carried on and completed by or under the authority of
the receiving Minister.
(3) Where, at the coming into force of these
Regulations, any legal proceeding is pending to which the transferring Minister
is a party and the proceeding has reference to any of the functions, rights and
liabilities transferred by Regulation 2, the receiving Minister shall be
substituted in the proceeding for the transferring Minister and the proceeding
shall not abate by reason of the substitution.
7 Citation
and commencement
These Regulations may be cited as the States of Jersey (Transfer of Functions
No. 9) (Health and Social Services to Environment) (Jersey) Regulations 2017
and shall come into force 7 days after the day they are made.
l.-m. hart
Deputy Greffier of the States