States
of Jersey (Transfer of Responsibilities and Functions) (Health and Social
Services to Children and Housing) Order 2019
Made 8th October 2019
Coming into
force 9th October 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 Children and Housing;
“transferring Minister” means
the Minister for Health and Social Services.
2 Transfer to Minister
for Children and Housing
(1) There are transferred to the receiving
Minister the responsibilities and functions of the transferring Minister under
the enactments set out in Part 1 of the Schedule.
(2) Part 2 of the Schedule contains
consequential amendments.
3 Connected rights and
liabilities transferred
(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 the receiving
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 transfers effected by Article 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 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 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 transferring Minister is a party and
the proceeding has reference to any of the responsibilities, functions, rights
and liabilities transferred by Article 2 and 3, 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
This Order may be cited as the States of Jersey (Transfer of
Responsibilities and Functions) (Health and Social Services to Children and
Housing) Order 2019 and comes into force on the day after it is made.
senator j.a.n. le fondré
Chief Minister
SCHEDULE
(Article 2)
Part 1
Enactments
Adoption (Jersey) Law 1961[2]
Child Abduction and Custody (Jersey) Law 2005[3]
Child Custody (Jurisdiction) (Jersey) Law 2005[4]
Children (Jersey) Law 2002[5]
Children’s Benefit Funds (Jersey) Law 1969[6]
Civil Partnership (Jersey) Law 2012[7]
Criminal Justice (Young Offenders) (Placement Panel) (Jersey)
Regulations 2016[8]
Criminal Law (Child Abduction) (Jersey) Law 2005[9]
Employment (Jersey) Law 2003[10]
Marriage and Civil Status (Jersey) Law 2001[11]
PART 2
Consequential Amendments
1 References
to Minister for Health and Social Services amended
In each of the following enactments, for “Health and Social
Services” (wherever it occurs) there is substituted “Children and
Housing” –
(a) the definition
“Minister” in Article 1(1) of the Adoption (Jersey) Law 1961[12];
(b) Articles 8(1)(a)
and 22(1)(a) of the Child Abduction and Custody (Jersey) Law 2005[13];
(c) Article 2(a) of
the Child Custody (Jurisdiction) (Jersey) Law 2005[14];
(d) the definition
“Minister” in Article 1(1) of the Children (Jersey) Law 2002[15];
(e) Articles 2(7) and
(12) of the Children’s Benefit Funds (Jersey) Law 1969[16];
(f) paragraph 1(c) of
Schedule 3 to the Civil Partnership (Jersey) Law 2012[17];
(g) Article 11(3)(a)
of the Criminal Justice (Young Offenders) (Jersey) Law 2014;
(h) Regulation 6(1)(b)
of the Criminal Justice (Young Offenders) (Placement Panel) (Jersey) Regulations
2016[18];
(i) column 2
of the Schedule to the Criminal Law (Child Abduction) (Jersey) Law 2005[19];
(j) Articles 4(4)(c)
and 4A(7)(c) of the Education (Discretionary
Grants – General) (Jersey) Order 2008[20];
(k) Articles 4(5)(c)
and 5(7)(b) of the Education (Grants and Allowances) (Jersey) Order 2018[21];
(l) the definition
“official notification” in Article 55A(1) of the
Employment (Jersey) Law 2003[22];
(m) paragraph 1(c) of
Schedule 2 to the Marriage and Civil Status (Jersey) Law 2001[23];
(n) Regulation 16 of
the Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 2002[24];
(o) Articles 19(4)(a)
and (5), and sub-paragraph (a) of the definition “children’s home” in
Article 20(2), of the Sexual Offences (Jersey) Law 2018[25];
(p) section 1.6(i)(a) of the code of practice set out in the Schedule to
the Terrorism (Audio Recording of Interviews) (Jersey) Order 2003[26].
2 References
to Minister for Children and Housing inserted
(1) In the Regulation of Care (Jersey) Law 2014[27] –
(a) in Article 36,
after “the Minister for Health and Social Services,” there is inserted “the
Minister for Children and Housing,”;
(b) in Article 38(1),
for “the Chief Minister or the Minister for Health and Social Services” there
is substituted “the Chief Minister, the Minister for Health and Social Services
or the Minister for Children and Housing”;
(c) in Article 40(3), after
“the Minister for Health and Social Services” there is inserted “, the Minister
for Children and Housing”;
(d) in paragraph 4(2)(a)
of Schedule 2, after “the Minister for Health and Social Services” there
is inserted “or Minister for Children and Housing”.
(2) In the Rehabilitation
of Offenders (Exceptions) (Jersey) Regulations 2002[28], in Regulation 17(1)(k),
after “Minister for Health and Social Services” there is inserted “or Minister
for Children and Housing”.