States
of Jersey (Transfer of Responsibilities and Functions) (Regulation of Care)
(Jersey) Order 2020
Made 9th October 2020
Coming into
force 16th October 2020
THE CHIEF MINISTER makes this Order under Article 29A
of the States of Jersey Law 2005[1], after having given not less than 2 weeks’ notice to the States as
required by that Article –
1 Responsibilities
and functions transferred to Minister for the
Environment
(1) The responsibilities and functions of the
Chief Minister under the Regulation of Care (Jersey) Law 2014[2] are transferred to the Minister for the Environment.
(2) In the Regulation of Care (Jersey) Law 2014[3] –
(a) in Article 1(1)
after the definition of “States’ employee” there is inserted –
“ “the Minister” means the Minister for the
Environment;”;
(b) in each of the following
provisions, “Chief” is deleted –
(i) Article 37(4),
(ii) Article 38(1),
(iii) Article 41(1)(a),
(iv) Article 41(2),
(v) Article 41(3)(a),
(vi) Article 41(5),
(vii) Article 43(2)(b),
(viii) Article 43(3),
(ix) Schedule 2,
paragraph 2(2),
(x) Schedule 2, paragraph 2(4),
(xi) Schedule 2,
paragraph 3(4),
(xii) Schedule 2, paragraph 6(1),
(xiii) Schedule 2, paragraph 6(2),
(xiv) Schedule 2, paragraph 6(3),
(xv) Schedule 2, paragraph 7(1),
(xvi) Schedule 2, paragraph 7(2),
(xvii) Schedule 2, paragraph 7(3),
(xviii) Schedule 2, paragraph 8(1)(a),
(xix) Schedule 2, paragraph 10(1),
(xx) Schedule 2, paragraph 12(2),
(xxi) Schedule 2, paragraph 12(3);
(c) in each of the following
provisions, for “the Minister” there is substituted “that Minister” –
(i) Article 3(7),
(ii) Article 14(9),
(iii) Article 49(3);
(d) in each of the following
provisions, for “the Minister” there is substituted “the relevant
Minister” –
(i) Article 22(3),
(ii) Article 37(3)(a),
(iii) Article 37(3)(b);
(e) in Article 36 after
“independent of” there is inserted “the Minister,”;
(f) in Article 40(3)
after “contrary” there is inserted “the Minister,”.
2 Connected rights and liabilities
(1) All
rights enjoyed and liabilities incurred by the Chief Minister in connection
with the responsibilities and functions transferred by Article 1 are
transferred to the Minister for the Environment 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.
3 Transitional
provisions
(1) The
transfers effected by Article 1 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 Minister
for the Environment.
(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 Article 1, be carried on
and completed by or under the authority of the Minister for the Environment.
(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 Article 1,
the Minister for the Environment is substituted in the proceeding for the Chief
Minister and the proceeding does not abate by reason of the substitution.
4 Citation
and commencement
This Order may be cited as the States of Jersey (Transfer of
Responsibilities and Functions) (Regulation of Care) (Jersey) Order 2020 and
comes into force 7 days after the day it is made.
Senator J.A.N.
Le Fondré
Chief Minister