States of Jersey (Transfer of Responsibilities and Functions) (Competition, Unregistered Rights and Trade Marks) (Jersey) Order 2020


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States of Jersey (Transfer of Responsibilities and Functions) (Competition, Unregistered Rights and Trade Marks) (Jersey) Order 2020

Made                                                                                                         10th July 2020

Coming into force                                                                                 11th July 2020

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 a Minister to whom responsibilities and functions are transferred under Article 2 or 3.

2        Responsibilities and functions transferred to Minister for Economic Development, Tourism, Sport and Culture

(1)     The responsibilities and functions of the Chief Minister under the following enactments are transferred to the Minister for Economic Development, Tourism, Sport and Culture –

(a)     the Competition (Jersey) Law 2005[2];

(b)     the Competition Regulatory Authority (Jersey) Law 2001[3].

(2)     In the definition of “Minister” in each of the following provisions, for “Chief Minister” there is substituted “Minister for Economic Development, Tourism, Sport and Culture” –

(a)     Article 1 of the Competition (Jersey) Law 2005;

(b)     Article 1 of the Competition Regulatory Authority (Jersey) Law 2001.

3        Responsibilities and functions transferred to Minister for External Relations

(1)     The responsibilities and functions of the Chief Minister under the following enactments are transferred to the Minister for External Relations –

(a)     the Intellectual Property (Unregistered Rights) (Jersey) Law 2011[4];

(b)     the Trade Marks (Jersey) Law 2000[5].

(2)     In the definition of “the Minister” in Article 1(1) of the Intellectual Property (Unregistered Rights) (Jersey) Law 2011 for “Chief Minister” there is substituted “Minister for External Relations”.

(3)     In the definition of “Minister” in Article 1(1) of the Trade Marks (Jersey) Law 2000 for “Chief Minister” there is substituted “Minister for External Relations”.

4        Connected rights and liabilities

(1)     All rights enjoyed and liabilities incurred by the Chief Minister in connection with the responsibilities and functions transferred by Articles 2 and 3 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 Chief 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.

5        Transitional provisions

(1)     The transfers effected by Articles 2 and 3 do 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 Chief Minister in relation to the responsibilities, functions, rights and liabilities transferred, but any such matter, if then in force, continues in force to the same extent and subject to the same 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 Chief Minister may, so far as it relates to any of the responsibilities, functions, rights and liabilities transferred by Articles 2 and 3, 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 Chief Minister is a party and the proceeding has reference to any of the responsibilities, functions, rights and liabilities transferred by Articles 2 and 3, the receiving Minister is substituted in the proceeding for the Chief Minister and the proceeding does not abate by reason of the substitution.

6        Citation and commencement

This Order may be cited as the States of Jersey (Transfer of Responsibilities and Functions) (Competition, Unregistered Rights and Trade Marks) (Jersey) Order 2020 and comes into force on the day after the day it is made.

Senator J.A.N. Le Fondré

Chief Minister




[1]                                     chapter 16.800

[2]                                     chapter 05.070

[3]                                     chapter 05.075

[4]                                     chapter 05.350

[5]                                     chapter 05.900


Page Last Updated: 13 Jul 2020