Transfer of
Functions (Environment and Public Services Committee) (No. 2) (Jersey) Act 2004
Made 16th November 2004
Coming into force 23rd
November 2004
THE STATES, in pursuance of Article 29 of the States of Jersey Law 1966,[1] have made the following
Act –
1 Interpretation
In this Act, unless the context otherwise
requires –
“enactment” includes an enactment of the United Kingdom as extended to
Jersey;
“liabilities” means –
(a) any
liabilities, whether civil or criminal;
(b) any
debts; and
(c) any
obligations,
whether present or future and whether vested or contingent;
“receiving Committee” means the Environment and Public Services Committee;
“rights”
means –
(a) any
rights, including a right of action in respect of a civil matter;
(b) any
powers;
(c) any
privileges; and
(d) any
immunities,
whether present or future and whether vested or contingent;
“transferring Committee” means the Economic Development Committee.
2 Functions
transferred
There are transferred to the receiving Committee the functions of
the transferring Committee under the following enactments and any subordinate
legislation made under them –
(a) Agricultural Land (Control of Sales and Leases)
(Jersey) Law 1974;[2]
(b) Artificial Insemination of Domestic Animals
(Jersey) Law 1952;[3]
(c) Dangerous Wild Animals (Jersey) Law 1999;[4]
(d) Destructive Insects and Pests (Jersey) Law 1960;[5]
(e) Diseases of Animals (Jersey) Law 1956;[6]
(f) Export of Agricultural Produce (Jersey) Order
1972;[7]
(g) Export of Flowers (Jersey) Order 1972;[8]
(h) Fertilisers and Feeding Stuffs (Jersey) Law 1950;[9]
(i) Fish Health (Jersey) Regulations 1999;[10]
(j) Pesticides (Jersey) Law 1991;[11]
(k) Plant Health (Jersey) Law 2003;[12]
(l) Potatoes (Precautions against Blight) (Jersey)
Order 1961;[13]
(m) Protection of Agricultural Land (Jersey) Law 1964;[14]
(n) Sea
Fish (Conservation) Act 1967 of the United Kingdom –
(i) as
extended to Jersey by the Sea Fish (Conservation) (Channel Islands) Order 1981[15] as that Order is amended by
the Sea Fish (Conservation) (Channel
Islands) (Amendment) Order 2001,[16] and
(ii) as
amended by the Sea Fisheries Act 1968 of the United Kingdom, as extended to
Jersey by the Sea Fisheries (Channel
Islands) Order 1973;[17]
(o) Sea
Fisheries Act 1968 of the United Kingdom, as extended to Jersey by the Sea Fisheries (Channel Islands) Order 1973;[18]
(p) Sea Fisheries (Jersey) Law 1994;[19]
(q) Slaughter of Animals (Jersey) Law 1962;[20]
(r) Weeds (Jersey) Law 1961.[21]
3 Construction
and transitional provisions
(1) In
the enactments mentioned in Article 2 any reference to the transferring
Committee in relation to the functions transferred by Article 2 shall be
construed as a reference to the receiving Committee.
(2) In
the construction of, and for the purposes of, any other enactment or any
judgment, award, contract, certificate, licence or other document passed or
made before this Act comes into force, anything that is, or is to be construed
as, a reference to the transferring Committee or its officers shall, so far
only as may be necessary for and in consequence of the transfer of functions
effected by Article 2, be construed as a reference to the receiving
Committee or its officers.
(3) The
transfer of functions effected by Article 2 shall not prejudice the
operation of any appointment, determination, direction, instruction, approval,
consent, requirement, authorization, licence or other thing made, given or done
by the transferring Committee before the time when this Act comes into force in
relation to the functions transferred by Article 2, but such matter shall,
if then in force, continue 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
Committee.
(4) Any
rights, and any liabilities, enjoyed or incurred by the transferring Committee
in connection with those functions shall be transferred to the receiving
Committee and shall become by virtue of this Act the rights and liabilities of
the receiving Committee.
(5) The
operation of paragraph (4) 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.
(6) For
the purposes of paragraph (4), to the extent that a contract, or other
instrument, that creates or passes a right or liability of the transferring
Committee specifies that it is incapable of transfer or assignment, the
contract or instrument shall be of no effect.
(7) Anything
commenced before this Act comes into force by or under the authority of the
transferring Committee may, so far as it relates to the functions, rights, or
liabilities, transferred by this Act, be carried on and completed by or under
the authority of the receiving Committee.
(8) Where,
at the coming into force of this Act, any legal proceeding is pending to which
the transferring Committee is a party and the proceeding has reference to any
of the functions, rights, or liabilities, transferred by this Act, the
receiving Committee shall be substituted in the proceeding for the transferring
Committee and the proceeding shall not abate by reason of the substitution.
4 Citation
and commencement
This Act may be cited as the Transfer of Functions (Environment and
Public Services Committee) (No. 2) (Jersey) Act 2004 and shall come into
force 7 days after it is made.
A.H. HARRIS
Deputy Greffier of the States.
[1] Recueil des Lois, Volume 1966-1967, page
16 and Volume 1996-1997, page 803.
[2] Recueil des Lois, Volume 1973-1974, page
249, Volume 1975-1978, page 481, Volume 1984-1985, page 17, Volume 1992-1993,
page 67 and Volume 1999, page 419.
[3] Recueil des Lois, Tome VIII, page 39,
Volume 1986-1987, page 67 and Volume 2001, page 6.
[4] Recueil des Lois, Volume 1999, page 47.
[5] Recueil des Lois, Tome VIII, page 887 and
Volume 2001, page 6.
[6] Recueil des Lois, Tome VIII, page 533,
Volume 1994-1995, page 307 and Volume 2000, page 897.
[7] Nos. 5651, 6809, 6900, 7254, 7553, 7590, 7673, 7870, 7906, 8571, 8779, 8942
and 80/2003.
[8] Nos. 5688 and 79/2003.
[9] Recueil des Lois, Tome VII, page 603 and
Volume 2001, page 5.
[10] Nos. 9463 and 89/2003.
[11] Recueil des Lois, Volume 1990-1991, page,
443.
[12] Recueil des Lois, Volume 2003, page 379.
[13] Nos. 4226, 4263, 4322, 5073,
5344, 5792, 7039, 9474 and 78/2003.
[14] Recueil des Lois, Volume 1963-1965, page
335.
[15] Recueil des Lois, Volume 1979-1981, page
405.
[16] Recueil des Lois, Volume 2001, page 105.
[17] Recueil des Lois, Volume 1973-1974, page
71.
[18] Recueil des Lois, Volume 1973-1974, page
71.
[19] Recueil des Lois, Volume 1994-1995, page 137
and Volume 2002, page 1171.
[20] Recueil des Lois, Volume 1961-1962, page
491 and Volume 1966-1967, page 212.
[21] Recueil des Lois, Volume 1961-1962, page
317.