States
of Jersey (Transfer of Responsibilities and Functions) (Chief Minister to
Economic Development, Tourism, Sport and Culture) Order 2019
Made 21st August 2019
Coming into
force 22nd August 2019
THE CHIEF MINISTER makes this Order under
Article 29A of the States of Jersey Law 2005[1] –
1 Interpretation
In this Order –
“receiving Minister” means the
Minister for Economic Development, Tourism, Sport and Culture;
“transferring Minister” means
the Chief Minister.
2 Responsibilities and functions
transferred
(1) There are transferred to the receiving Minister
the responsibilities and functions of the transferring Minister under the following
enactments and Orders in Council –
(a) the Data Protection
Authority (Jersey) Law 2018[2];
(b) the Data Protection (Jersey)
Law 2018[3];
(c) the Digital Switchover (Disclosure of Information) (Jersey) Law 2010[4];
(d) the
Electronic Communications
(Jersey) Law 2000[5];
(e) the
Radio Equipment (Jersey)
Law 1997[6];
(f) the
Telecommunications (Jersey)
Law 2002[7];
(g) the
Broadcasting Act 1990 (Jersey) (No. 2) Order 1991[8];
(h) the Broadcasting (Jersey) Order 2003[9];
(i) the
Communications (Jersey)
Order 2003[10];
(j) the
Telecommunications
Services (Jersey) Order 1972[11];
(k) the
Wireless Telegraphy
(Jersey) Order 2006[12].
(2) In the definition “Minister” in each of the
following enactments, for “Chief Minister” there is substituted “Minister for
Economic Development, Tourism, Sport and Culture” –
(a) Article 1(1) of the
Data Protection (Jersey) Law 2018[13];
(b) Article 1 of the Digital Switchover (Disclosure of Information) (Jersey) Law 2010[14];
(c) Article 1(1) of the Electronic Communications (Jersey) Law 2000[15];
(d) Article 1(1) of the Radio Equipment (Jersey) Law 1997[16];
(e) Article 1(1) of the Telecommunications (Jersey) Law 2002[17].
(3) In the Orders in Council set out in
paragraphs (1)(g) to (k), and in any enactment of the United Kingdom
extended by them, references that, before this Order comes into force, were to
be construed as referring to the Chief Minister are to be construed as
referring to the Minister for Economic Development, Tourism, Sport and Culture.
3 Connected rights and liabilities
(1) All rights enjoyed and liabilities incurred
by the transferring Minister in connection with the responsibilities and
functions transferred by Article 2 are transferred to the receiving
Minister and become the rights and liabilities of that Minister.
(2) A provision of a contract or other
instrument that specifies that a right or liability of the transferring
Minister is incapable of transfer is, to the extent that it applies to a right
or liability transferred by paragraph (1), of no effect.
(3) The operation of paragraph (1) is not
to 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.
4 Transitional provisions
(1) The transfer effected by Article 2
does not prejudice the operation of any appointment, approval, authorisation,
consent, delegation, determination, direction, instruction, requirement or
other thing that is, before this Order comes into force, made, given or done by
the transferring Minister in relation to the responsibilities, functions,
rights and liabilities so transferred, but any such matter, if then in force,
continues 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 this Order comes
into force by or under the authority of the transferring Minister may, so far
as it relates to any of the responsibilities, functions, rights and liabilities
transferred by Article 2 be carried on and completed by or under the
authority of the receiving Minister.
(3) Where, on commencement of this Order, any
legal proceeding is pending to which the transferring Minister is a party and
the proceeding has reference to any of the responsibilities, functions, rights
and liabilities transferred by Article 2, the receiving Minister is
substituted in the proceeding for the transferring Minister and the proceeding
does not abate by reason of the substitution.
5 Citation and commencement
This Order may be cited as the States of Jersey (Transfer of
Responsibilities and Functions) (Chief Minister to Economic Development,
Tourism, Sport and Culture) Order 2019 and comes into force on the day after
the day on which it is made.
senator j.a.n. le fondré
Chief Minister