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