States of Jersey
(Minister for External Relations) (Jersey) Regulations 2013
Made 10th September 2013
Coming into force 10th
September 2013
THE STATES, in pursuance of Article 29(2) and (3) of the States of Jersey
Law 2005[1], have made the following
Regulations –
1 Interpretation
In these Regulations “principal
Law” means the States of Jersey Law 2005[2].
2 Minister
for External Relations
There is established a Minister for External Relations.
3 Functions
of Minister for External Relations
(1) The
Minister for External Relations shall, concurrently with the Chief Minister,
discharge the function described in Article 18(3)(b) of the principal Law.
(2) There
shall be transferred from the Chief Minister to the Minister for External
Relations the functions of the Chief Minister under the following –
(a) the
European Communities Legislation (Implementation) (Jersey) Law 1996[3];
(b) the
Community Provisions (Restrictive Measures – North Korea) (Jersey)
Order 2007[4];
(c) the
Taxation (Agreements with European Union Member States) (Jersey)
Regulations 2005[5];
(d) the
Taxation (Double Taxation) (Jersey) Regulations 2010[6];
(e) the
Taxation (Exchange of Information with Third Countries) (Jersey)
Regulations 2008[7];
(f) the
Money Laundering and Weapons Development (Directions) (Jersey) Law 2012[8];
(g) the
Nuclear Safeguards Act 2000 of the United Kingdom, as extended to Jersey
by the Nuclear Safeguards (Jersey) Order 2004[9];
(h) the
Nuclear Safeguards (Jersey) Order 2005[10];
(i) the
Terrorist Asset-Freezing (Jersey) Law 2011[11];
(j) the
Crime and Security (Jersey) Law 2003[12];
(k) the
Iraq (United Nations Sanctions) (Channel Islands) Order 2000 of the United
Kingdom;
(l) the
Iraq (United Nations Sanctions) (Channel Islands) Order 2003 of the United
Kingdom;
(m) the Al
Qa’ida and Taliban (United Nations Measures) (Channel Islands)
Order 2002 of the United Kingdom;
(n) the
Democratic Republic of the Congo (United Nations Sanctions) (Channel Islands)
Order 2003 of the United Kingdom;
(o) the
Democratic Republic of the Congo (United Nations Measures) (Channel Islands)
Order 2005 of the United Kingdom;
(p) the
Lebanon and Syria (United Nations Measures) (Channel Islands) Order 2006 of the
United Kingdom;
(q) the
Liberia (United Nations Sanctions) (Channel Islands) Order 2004 of the
United Kingdom;
(r) the
United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands)
Order 1996 of the United Kingdom;
(s) the
Somalia (United Nations Sanctions) (Channel Islands) Order 2002 of the United
Kingdom;
(t) the
Sudan (United Nations Measures) (Channel Islands) Order 2005 of the United
Kingdom;
(u) the
Terrorism (United Nations Measures) (Channel Islands) Order 2001 of the
United Kingdom;
(v) the
Hong Kong Economic and Trade Office (Privileges and Immunities) (Jersey)
Law 1998[13];
(w) the Air
Navigation Order 2005 of the United Kingdom, as extended to Jersey by the
Air Navigation (Jersey) Order 2008[14];
(x) the
Aviation Security Act 1982 of the United Kingdom, as extended to Jersey by
the Aviation Security (Jersey) Order 1993[15];
(y) the
Civil Aviation (Jersey) Law 2008[16].
(3) All
rights enjoyed and liabilities incurred by the Chief Minister in connection with
the functions transferred by paragraph (2) shall be transferred to the
Minister for External Relations and become the rights and liabilities of the
Minister for External Relations.
(4) A
provision of a contract or other instrument that specifies that a right or
liability of the Chief Minister is incapable of transfer shall, to the extent
that it applies to a right or liability transferred by paragraph (3), be
of no effect.
(5) The
operation of paragraph (3) shall not 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 Principal
Law amended
In Article 18(1) of the principal Law for the number
“9” there shall be substituted the number “10”.
5 Standing
Orders amended
In standing order 117 of the Standing Orders of the States of Jersey[17] –
(a) in
paragraph (1), after “Education, Sport and Culture” there
shall be inserted “External Relations”;
(b) at
the end of paragraph (18) there shall be added the words “or the
establishment of a Minister”.
6 European
Communities Legislation (Implementation) (Jersey) Law 1996 amended
In Article 1 of the European Communities Legislation
(Implementation) (Jersey) Law 1996[18] for the definition
“Minister” there shall be substituted the following
definition –
“ ‘Minister’
means the Minister for External Relations;”.
7 Community
Provisions (Restrictive Measures – North Korea) (Jersey)
Order 2007 amended
In Article 6(2) of the Community Provisions (Restrictive
Measures – North Korea) (Jersey) Order 2007[19] for the words “Chief
Minister” there shall be substituted the word “Minister”.
8 Taxation
(Agreements with European Union Member States) (Jersey) Regulations 2005
amended
In Regulation 1 of the Taxation (Agreements with European Union
Member States) (Jersey) Regulations 2005[20] for the definition
“Minister” there shall be substituted the following
definition –
“ ‘Minister’
means the Minister for External Relations;”.
9 Taxation
(Double Taxation) (Jersey) Regulations 2010 amended
In Regulation 3 of the Taxation (Double Taxation) (Jersey)
Regulations 2010[21] for the words “Chief
Minister” there shall be substituted the words “Minister for
External Relations”.
10 Taxation
(Exchange of Information with Third Countries) (Jersey) Regulations 2008
amended
In Regulation 16A(3) of the Taxation (Exchange of Information
with Third Countries) (Jersey) Regulations 2008[22] for the words “Chief
Minister” there shall be substituted the words “Minister for
External Relations”.
11 Money
Laundering and Weapons Development (Directions) (Jersey) Law 2012 amended
In the Money Laundering and Weapons Development (Directions)
(Jersey) Law 2012[23] –
(a) in
Article 1 for the definition “Minister” there shall be
substituted the following definition –
“ ‘Minister’
means the Minister for External Relations;”;
(b) in
the Schedule –
(i) for
the words “Chief Minister” wherever they appear there shall be
substituted the word “Minister”,
(ii) for
the words “Chief Minister’s” there shall be substituted the
word “Minister’s”.
12 Nuclear
Safeguards Act 2000 construed
In the Nuclear Safeguards Act 2000 of the United Kingdom, as
extended to Jersey with modifications by the Nuclear Safeguards (Jersey)
Order 2004[24], a reference to the Policy
and Resources Committee shall be construed as a reference to the Minister for
External Relations.
13 Nuclear
Safeguards (Jersey) Order 2005 amended
In Article 1(1) of the Nuclear Safeguards (Jersey)
Order 2005[25] for the definition
“Minister” there shall be substituted the following
definition –
“ ‘Minister’
means the Minister for External Relations;”.
14 Terrorist
Asset-Freezing (Jersey) Law 2011 amended
In the Terrorist Asset-Freezing (Jersey) Law 2011[26] –
(a) for
the words “Chief Minister” in each place that they appear there
shall be substituted the word “Minister”;
(b) for
the words “Chief Minister’s” in each place that they appear
there shall be substituted the word “Minister’s”;
(c) in
Article 1(1) after the definition “interim designation” there
shall be inserted the following definition –
“ ‘Minister’
means the Minister for External Relations;”.
15 Crime
and Security (Jersey) Law 2003 amended
In Article 1(1) of the Crime and Security (Jersey)
Law 2003[27] for the definition
“Minister” there shall be substituted the following
definition –
“ ‘Minister’
means the Minister for External Relations;”.
16 United
Nations Measures and Sanctions – Orders in Council construed
(1) In
the following enactments of the United Kingdom, in the definition
“licensing authority”, a reference to the Policy and Resources
Committee shall be construed as a reference to the Minister for External
Relations –
(a) article 4(1)
of the Iraq (United Nations Sanctions) (Channel Islands) Order 2003[28];
(b) article 2(1)
of the Al-Qa’ida and Taliban (United Nations Measures) (Channel Islands)
Order 2002[29];
(c) article 2(1)
of the Democratic Republic of the Congo (United Nations Sanctions) (Channel
Islands) Order 2003[30];
(d) article 2(1)
of the Democratic Republic of the Congo (United Nations Measures) (Channel
Islands) Order 2005[31];
(e) article 2(1)
of the Liberia (United Nations Sanctions) (Channel Islands) Order 2004[32];
(f) article 2(1)
of the Somalia (United Nations Sanctions) (Channel Islands) Order 2002[33];
(g) article 2(1)
of the Sudan (United Nations Measures) (Channel Islands) Order 2005[34]; and
(h) article 2(1)
of the Terrorism (United Nations Measures) (Channel Islands) Order 2001[35].
(2) In
article 2 of the Lebanon and Syria (United Nations Measures) (Channel
Islands) Order 2006[36], in the definition
“relevant authority”, the reference to the Chief Minister shall be
construed as a reference to the Minister for External Relations.
(3) In
article 2(1) of the Iraq (United Nations Sanctions) (Channel Islands)
Order 2000[37] as amended by the Iraq
(United Nations Sanctions) (Channel Islands) Order 2003[38], in the definition
“relevant enforcement authority”, the reference to the Policy and
Resources Committee shall be construed as a reference to the Minister for External
Relations.
(4) In
the United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel
Islands) Order 1996[39] a reference to the Policy
and Resources Committee shall be construed as a reference to the Minister for
External Relations.
17 Hong
Kong Economic and Trade Office (Privileges and Immunities) (Jersey)
Law 1998 amended
In paragraphs 5 and 6 of the Schedule to the Hong Kong Economic
and Trade Office (Privileges and Immunities) (Jersey) Law 1998[40] for the words “Chief
Minister” there shall be substituted the words “Minister for
External Relations”.
18 Air
Navigation Order 2005 construed
In the Air Navigation Order 2005 of the United Kingdom,
extended to Jersey with modifications by the Air Navigation (Jersey)
Order 2008[41], a reference to the Chief Minister
shall be construed as a reference to the Minister for External Relations.
19 Aviation
Security Act 1982 construed
In the Aviation Security Act 1982 of the United Kingdom,
extended to Jersey with exceptions, adaptations and modifications by the Aviation
Security (Jersey) Order 1993[42], references to the
Committee, other than the references in section 21(6)(a) and in the
definition “Airport Director” in section 38(1), shall be
construed as references to the Minister for External Relations.
20 Civil
Aviation (Jersey) Law 2008 amended
In Article 1(1) of the Civil Aviation (Jersey) Law 2008[43], for the definition
“Minister” there shall be substituted the following
definition –
“ ‘Minister’
means the Minister for External Relations;”.
21 Revocations
The following enactments are revoked –
(a) Regulation 10
of the States of Jersey (Amendments and Construction Provisions No. 1)
(Jersey) Regulations 2005[44];
(b) Regulation 3(b)
of the States of Jersey (Transfer of Functions No. 5) (Economic
Development to Chief Minister) (Jersey) Regulations 2012[45].
22 Citation
and commencement
These Regulations may be cited as the States of Jersey (Minister for
External Relations) (Jersey) Regulations 2013 and shall come into force
forthwith.
a.h. harris
Deputy Greffier of the States