States of Jersey
(Amendments and Construction Provisions No. 12) (Jersey)
Regulations 2005
Made 25th October 2005
Coming into force in
accordance with Regulation 32
THE STATES, in pursuance of Article 49 of the States of Jersey Law 2005,[1] have made the following
Regulations –
1 Motor
Traffic (Jersey) Law 1935 – amended
(1) In
this Regulation, any reference to a provision is a reference to the provision
in the Motor Traffic (Jersey) Law 1935.[2]
(2) In
Part 4, before Article 14, there shall be inserted the following Article –
“A14 Interpretation
of Part 4
In this Part
‘Minister’ means the Minister for Transport and Technical Services.”.
(3) For
the heading to Article 14 there shall be substituted the heading
“Duties of Minister”.
(4) In
Article 14(2) and (3) for the words “its functions” there
shall be substituted the words “his or her functions”.
(5) In
Article 17(1) for the words “if it considers” there shall be
substituted the words “if the Minister considers”.
(6) In
Article 19(4) for the words “if it considers that to do so would be
consistent with its duties” there shall be substituted the words
“if the Minister considers that to do so would be consistent with his or
her duties”.
(7) In
Article 20(1) for the words “as in its opinion are necessary or
desirable to achieve its duties” there shall be substituted the words
“as in the Minister’s opinion are necessary or desirable to fulfil
his or her duties”.
(8) In
Article 21(1)(c) for the words “Environment and Public Services
Committee’s” there shall be substituted the word
“Minister’s”.
(9) In
Article 23(2) for the words “unless it is satisfied that –
(a) its duties” there shall be substituted the words “unless
he or she is satisfied that – (a) the Minister’s
duties”.
(10) In
Article 24 –
(a) for
paragraph (8) there shall be substituted the following paragraph –
“(8) When the Minister has made
his or her decision the Minister must give a further notice.”;
(b) in
paragraph (9)(c) for the words “Environment and Public Services
Committee’s” there shall be substituted the words
“Minister’s”;
(c) in
paragraph (10) for the words “as it is satisfied” there shall
be substituted the words “as he or she is satisfied”.
(11) In
Article 26(2) for the words “Committee, or to a person appointed by
it” there shall be substituted the words “Minister, or to a person
appointed by the Minister”.
(12) In
Article 27(1) for the words “in which it shall enter details of –
(a) each omnibus licence it grants;” there shall be substituted the
words “in which the Minister shall enter details of – (a) each
omnibus licence he or she grants;”.
(13) For
Article 36(4) there shall be substituted the following paragraph –
“(4) In this Article
‘Minister’, in respect of an omnibus service licence, means the
Minister for Transport and Technical Services.”.
(14) In
Article 42(3)(a) for the words “Home Affairs Committee or the
Environment and Public Services Committee of its functions” there shall
be substituted the words “Minister or the Minister for Transport and
Technical Services of his or her functions”.
(15) In
Article 44 for paragraph (2)(b), (c) and (d) there shall be
substituted the following sub-paragraphs –
“(b) the Minister;
(c) the Minister for Transport and Technical
Services;
(d) a person who is, or is acting as, an
officer, employee or agent of either of those Ministers or performing a duty or
exercising a power on behalf of either of those Ministers; and”.
(16) In
Article 45, in paragraphs (1), (2), (3) and (7), for the word
“Committee” in each place where it appears there shall be
substituted the word “Minister”.
(17) In
Article 46 –
(a) in
paragraph (1) –
(i) for
the words “The Home Affairs Committee or, as the case may be, the
Environment and Public Services Committee” there shall be substituted the
words “The Minister or, as the case may be, the Minister for Transport
and Technical Services”,
(ii) for
the words “either Committee” there shall be substituted the words
“either Minister”;
(b) in
paragraph (3)(c) for the words “the Committee making the
Order” there shall be substituted the words “the Minister making
the Order”.
(18) In the
following provisions for the words “Environment and Public Services
Committee” in each place where they appear there shall be substituted the
word “Minister” –
(a) Article 14(1),
(2) and (3);
(b) Article 16(1);
(c) Article 17(1),
(2) and (6);
(d) Article 18(1);
(e) Article 19(1),
(2), (3), (4), (5), (7), (8) and (9);
(f) Article 20(1),
(2) and (3);
(g) Article 21(1),
(2) and (4);
(h) Article 22(1)
and (2);
(i) Article 23(1),
(2), (4), (5) and (6);
(j) Article 24(1),
(2), (6), (7) and (10);
(k) Article 25(1),
(3), (4) and (6);
(l) Article 26(1),
(2), (4), (6) and (10);
(m) Article 27(1);
(n) Article 37(3).
2 Electricity
(Jersey) Law 1937 – amended
(1) In this Regulation, a reference to a provision
is a reference to the provision in the Electricity (Jersey) Law 1937.[3]
(2) In Article 5 –
(a) for the words “President of the Environment
and Public Services Committee” there shall be substituted the words
“Minister for Transport and Technical Services”;
(b) for the words “or President” in
each place where they appear there shall be substituted the words “or
Minister”.
(3) In Article 8 –
(a) for the words “Environment and Public
Services Committee” there shall be substituted the words “Minister
for Transport and Technical Services”;
(b) for the words “said Committee”
there shall be substituted the words “said Minister”;
(c) for the words “competent Committee of
the States” there shall be substituted the words “said
Minister”.
(4) In Article 9(1) for the words “Environment
and Public Services Committee or an official designated by it” there
shall be substituted the words “Minister for Transport and Technical
Services or an official designated by the Minister”.
3 Fertilisers
and Feeding Stuffs (Jersey) Law 1950 – amended
In Article 9A(1) of
the Fertilisers and Feeding Stuffs (Jersey) Law 1950,[4] for the word “Committee” there shall be substituted the
word “Minister”.
4 Civil
Aviation (Supplementary Provisions) (Jersey) Law 1955 – amended
In Article 1(1) of the
Civil Aviation (Supplementary Provisions) (Jersey) Law 1955[5] after the definition “land” there shall be inserted the
following definition –
“‘Minister’ means the Minister for Economic
Development;”.
5 Diseases
of Animals (Jersey) Law 1956 – amended
In Article 32B(3) of
the Diseases of Animals (Jersey) Law 1956,[6] for the word “Committee” there shall be substituted the
word “Minister”.
6 Road
Traffic (Jersey) Law 1956 – amended
(1) In this Regulation, any reference to a
provision is a reference to the provision in the Road Traffic (Jersey) Law 1956.[7]
(2) In Article 60 –
(a) in paragraph (1) for the words
“as it may determine” there shall be substituted the words
“as the Minister may determine”;
(b) in paragraph (4) for the words
“as it thinks fit” and “on its behalf” there shall be
substituted the words “as the Minister thinks fit” and “on
the Minister’s behalf” respectively.
(3) In Article 63(3) for the words
“The exercise by the Committee of its functions under this Article shall
not render it” there shall be substituted the words “The exercise
by the Minister for Transport and Technical Services of his or her functions
under this Article shall not render the Minister”.
(4) In Article 64(6)(a) for the words
“as it may specify” there shall be substituted the words “as
the Minister may specify”.
(5) In Article 69(1) for the words
“as it considers necessary” there shall be substituted the words
“as the Minister considers necessary”.
(6) In Article 72 –
(a) in paragraph (5) for the words
“the Committee may itself” there shall be substituted the words
“the Minister may personally”;
(b) in paragraph (6) for the words
“its powers and duties” there shall be substituted the words
“the Minister’s powers and duties”.
(7) In Article 84 for paragraph (1)
there shall be substituted the following paragraphs –
“(1) The
Minister for Transport and Technical Services may make Orders for any purpose
for which Orders may be made under Articles 21, 40, 46, 59, 60, 62, 63,
64, 69 and 72 and for prescribing anything which may be prescribed under those
Articles and generally for the purpose of carrying those Articles into effect.
(1AA) The Minister for
Home Affairs may make Orders for any purpose for which Orders may be made under
any provision of this Law not mentioned in paragraph (1) and for
prescribing anything which may be prescribed under those provisions and
generally for the purpose of carrying those provisions into effect.”.
(8) In the following provisions for the words
“the Committee” in each place where they appear there shall be
substituted the words “the Minister for Transport and Technical
Services” –
(a) Article 20(3);
(b) Article 21(2);
(c) Article 40(3);
(d) Article 46(1);
(e) Article 58;
(f) Article 60(1),
(2), (3), (4) and (5);
(g) Article 62(1);
(h) Article 63(1) and (2);
(i) Article 64(1), (2), (3), (4), (5)
and (6);
(j) Article 65(5);
(k) Article 68(2)(a);
(l) Article 69(1) and (7);
(m) Article 72(1), (2), (3), (5) and (6);
(n) Article 74(5).
7 Income
Tax (Jersey) Law 1961 – amended
(1) In this Regulation, any reference to a
provision is a reference to the provision in the Income Tax (Jersey) Law 1961.[8]
(2) For Article
115(o) there shall be substituted the following paragraph –
“(o) payments
made for the maintenance of a child being looked after by the Minister for
Health and Social Services under the Children (Jersey) Law 2002;”.
(3) In Article 135B –
(a) for paragraph (1) there shall be substituted
the following paragraph –
“(1) Notwithstanding
anything in this Law or any other enactment –
(a) the
Comptroller may disclose information to the Minister for Housing, or an officer
in an administration of the States for which that Minister is assigned
responsibility, for the purposes of the grant and revocation of 1(1)(k) housing
consents;
(b) an
officer in an administration of the States for which that Minister is assigned
responsibility may disclose information to the Comptroller for the purposes of
the administration of this Article.”;
(b) in paragraph (3) for the definition
“officer” there shall be substituted the following
definition –
“‘officer’ has the same meaning as in Article 25
of the States of Jersey Law 2005.”.
8 Dogs
(Jersey) Law 1961 – amended
In Article 14 of the
Dogs (Jersey) Law 1961[9] for the words “the power of the Economic Development
Committee to make Orders as to dogs by virtue of Article 22 of the
Diseases of Animals (Jersey) Law 1956.” there shall be substituted the
words “the power, by virtue of Article 22 of the Diseases of Animals
(Jersey) Law 1956, of the Minister for Planning and Environment to make Orders
as to dogs.”.
9 Food
Safety (Jersey) Law 1966 – amended
In Article 9(2) of the
Food Safety (Jersey) Law 1966,[10] for the words “Environment and Public Services
Committee” there shall be substituted the words “Minister for
Economic Development”.
10 Public Employees
(Retirement) (Jersey) Law 1967 – amended
(1) In this Regulation, any reference to a
provision is a reference to the provision in the Public Employees (Retirement)
(Jersey) Law 1967.[11]
(2) In Article 1 –
(a) the definition “Committee” shall
be deleted;
(b) after the definition “fund”
there shall be inserted the following definition –
“‘Minister’ means the Chief Minister;”.
(3) In Articles 2(6) and 3(1)(c) for the words “Finance
and Economics Committee” in each place where they appear there shall be
substituted the words “Minister for Treasury and Resources”.
(4) In Articles 3(2) and (3) and 4 for the words
“the Committee” in each place where they appear there shall be
substituted the words “the Minister”.
(5) For Article 3(4) there shall be substituted
the following paragraph –
“(4) The
Minister may at any time require the Committee of Management to direct the
actuary to review the operation of the fund and to make a report on the review
to the Minister.”.
(6) In Article 3(5) for the words “The
Committee” there shall be substituted the words “The Minister”.
11 Mental
Health (Jersey) Law 1969 – amended
In Article 37 of the Mental
Health (Jersey) Law 1969[12] (as substituted by paragraph 5(b) of Schedule 6 to the Children
(Jersey) Law 2002), for the word “Committee” in each place where it
appears there shall be substituted the word “Minister”.
12 Family
Allowances (Jersey) Law 1972 – amended
In Article 18(b) of
the Family Allowances (Jersey) Law 1972[13] (as substituted by paragraph 6 of Schedule 6 to the
Children (Jersey) Law 2002), for the words “Health and Social Services
Committee” there shall be substituted the words “Minister for
Health and Social Services”.
13 Teachers’ Superannuation (Jersey) Law 1979 – amended
(1) In this Regulation, a reference to a
provision is a reference to the provision in the Teachers’ Superannuation
(Jersey) Law 1979.[14]
(2) In Article 1 –
(a) for the definition “Committee”
there shall be substituted the following definition –
“‘Minister’ means the Minister for Education,
Sport and Culture;”;
(b) for the definition “prescribed”
there shall be substituted the following definition –
“prescribed” means prescribed by Order made under this
Law by the Minister for Education, Sport and Culture or the Minister for
Treasury and Resources, as the context requires.”.
(3) In the following provisions, for the word
“Committee”, in each place where it appears, there shall be
substituted the word “Minister” –
(a) Article 2(1) and (2)(a), (g) and (h);
(b) Article 3(2)(c), (3)(c) and (11);
(c) Article 6(1).
(4) In Article 3(4), (6)(b)(ii), (7),
(8)(a) and (b) and (9), for the word “Committee”, in each place
where it appears, there shall be substituted the words “Minister for
Treasury and Resources”.
(5) For Article 3(5) there shall be substituted
the following paragraph –
“(5) The
Minister for Treasury and Resources may, after consultation with the Minister
for Education, Sport and Culture, appoint one or more investment managers and
may by Order make provision in relation to the appointment of such managers.”.
(6) For Article 3(10) there shall be substituted
the following paragraph –
“(10) The Minister
for Treasury and Resources shall by Order provide for the holding of meetings
between such representatives of that Minister, the Minister for Education,
Sport and Culture and the persons to whom Orders made under Article 2 apply,
as may be prescribed, to discuss the management of the Fund.”.
(7) In Article 3(11) for the words
“its absolute discretion” there shall be substituted the words
“his or her absolute discretion”.
(8) In Article 7(1) and (3) for the word
“Committee”, in each place where it appears, there shall be
substituted the words “Minister for Education, Sport and Culture or the
Minister for Treasury and Resources, as the context requires,”.
14 Administrative
Decisions (Review) (Jersey) Law 1982 – amended
(1) In this Regulation, a reference to a
provision is a reference to the provision in the Administrative Decisions
(Review) (Jersey) Law 1982.[15]
(2) In the following provisions, for the word
“Committee”, in each place where it appears, there shall be
substituted the word “Minister” –
(a) Article 2;
(b) Article 9(1), (2) and (3).
(3) In Article 8 for the words
“Committee, Department or officer or employee of any Committee or
Department” there shall be substituted the words “Minister,
Department or officer, or employee, in a Department or in an administration of
the States for which a Minister is assigned responsibility,”.
(4) In Article 9(4) for the words “the
Committee” there shall be substituted the words “the Minister”.
15 Drug
Trafficking Offences (Jersey) Law 1988 – amended
In Article 1(1) of the Drug
Trafficking Offences (Jersey) Law 1988[16] after the definition “items subject to legal professional
privilege” there shall be inserted the following definition –
“‘Minister’ means the Minister for Treasury and
Resources;”.
16 Emergency
Powers and Planning (Jersey) Law 1990 – amended
(1) In this Regulation, any reference to a
provision is a reference to the provision in the Emergency Powers and Planning (Jersey) Law 1990.[17]
(2) In Article 1(1) for sub-paragraph (b)
there shall be substituted the following sub-paragraph –
“(b) the
Chief Minister, the Minister for Home Affairs, the Minister for Economic
Development, the Minister for Transport and Technical Services and the Minister
for Health and Social Services;”.
(3) In Article 4 for the words
“Committee of the States” there shall be substituted the word
“Minister”.
17 Criminal
Justice (Young Offenders) (Jersey) Law 1994 – amended
(1) In this Regulation, a reference to a
provision is a reference to the provision in the Criminal Justice (Young
Offenders) (Jersey) Law 1994.[18]
(2) In Article 1 –
(a) the definition “the Committee”
shall be deleted;
(b) after the definition
“Magistrate”, the following definition shall be
inserted –
“‘Minister’ means the Minister for Education,
Sport and Culture;”.
(3) For Article 15A there shall be substituted
the following Article –
“15A Provision of remand centres
(1) The
Minister shall provide or arrange for the provision of remand centres.
(2) The
Minister may make arrangements with other bodies or persons for the provision
of remand centres if the Minister is satisfied that –
(a) the
premises are in all respects suitable for the purposes of a remand centre; and
(b) the
person who will ordinarily have charge of or control over those premises is a
fit and proper person to do so.
(3) The
Minister may by Order make provision for –
(a) the
inspection, regulation and management of remand centres and for the classification,
treatment, employment, discipline and control of persons required to be
detained in the centres; and
(b) the
visiting of such persons by persons appointed in accordance with the
Order.”.
(4) For Article 18(1A) there shall be
substituted the following paragraph –
“(1A) In relation to a
person –
(a) for
whom the Minister for Health and Social Services has parental responsibility;
or
(b) whom
that Minister is looking after,
(within the meaning of the Children (Jersey) Law 2002), the
reference in paragraph (1) to a person who is a parent or guardian of that
person shall be construed as a reference to an officer of an administration of
the States for which that Minister is assigned responsibility.”.
18 Termination
of Pregnancy (Jersey) Law 1997 – amended
In Article 10A(1) and (2) of
the Termination of Pregnancy (Jersey) Law 1997[19] for the word “Committee”, in each place where it
appears, there shall be substituted the word “Minister”.
19 Radio
Equipment (Jersey) Law 1997 – amended
(1) In this Regulation, a reference to a
provision is a reference to the provision in the Radio Equipment (Jersey) Law
1997.[20]
(2) In Article 1(1) –
(a) the definition “Committee” shall
be deleted;
(b) after the definition “manufacture”
there shall be inserted the following definition –
“‘Minister’ means the Minister for Economic
Development;”.
(3) In the following provisions for the word
“Committee” in each place where it appears there shall be
substituted the words “the Minister for Economic Development” –
(a) Article 2(1), (2)(a), (3), (4), (5) and
(6);
(b) Article 3;
(c) Article 4(1), (3), (4) and (5);
(d) Article 6(2);
(e) Article 7(2), (6) and (10);
(f) Article 8(1), (2)(a), (3), (4)
and (5).
(4) In Article 2(1) for the words “it
may” there shall be substituted the words “the Minister may”.
(5) In the following provisions for the words
“as it thinks fit” in each place where they appear there shall be
substituted the words “as the Minister thinks fit” –
(a) Article 4(3);
(b) Article 7(10);
(c) Article 8(4).
(6) In Article 8(3) for the words “to
it” there shall be substituted the words “to the Minister”.
20 Financial
Services (Jersey) Law 1998 – amended
In Article 3A of the
Financial Services (Jersey) Law 1998[21] for the word “Committee” there shall be substituted the
word “Minister”.
21 Chemical
Weapons Act 1996 (Jersey) Order 1998 – construed
In the Chemical Weapons Act
1996 (Jersey) Order 1998[22] a reference to the Harbours and Airport Committee shall be construed
as a reference to the Minister for Home Affairs.
22 Marriage
and Civil Status (Jersey) Law 2001 – amended
In paragraph 1(c) of
Schedule 2 to the Marriage and Civil Status (Jersey) Law 2001[23] for the words “Health and Social Services Committee”
there shall be substituted the words “Minister for Health and Social
Services”.
23 Jersey
Legal Information Board (Incorporation) Law 2004 – amended
In Articles 3(1) and 5(2)
and (4) of the Jersey Legal Information Board (Incorporation) Law 2004,[24] for the words “Finance and Economics Committee”, in
each place where they appear, there shall be substituted the words
“Minister for Treasury and Resources”.
24 Postal
Services (Jersey) Law 2004 – amended
In Schedule 2 to the Postal
Services (Jersey) Law 2004[25] –
(a) for paragraphs 5, 6 and 7 there shall be
substituted the following paragraphs –
Any proceedings by or against the Minister for Economic Development in
respect of that Minister’s functions under the Post Office (Jersey) Law
1969 and which have not been concluded when that Law is repealed may be
continued by or against the company.
6 References
to postal services
(1) A
reference in any enactment, agreement, or other document, in force immediately
before the day when this paragraph comes into force, to a postal service
provided by the Committee for Postal Administration or by the Minister for
Economic Development shall, on and from that day, become –
(a) a
reference to the equivalent postal service, whether provided by the company or
not; or
(b) such
other reference as the States may prescribe instead by Regulations.
(2) This
paragraph is subject to any express provision, or implication, to the contrary
in that or any other enactment, agreement or other document.
(1) A
postage stamp issued by the Committee for Postal Administration or the Minister
for Economic Development, and still valid immediately before the liability of
that Minister in respect of the stamp is transferred to the company, shall be
taken to have been issued by the company at the moment of the transfer.
(2) If
a postage stamp is taken because of sub-paragraph (1) to have been issued
by the company, but is invalidated by the company before the anniversary of the
transfer, the company shall exchange the stamp for another stamp of equivalent
face value if the stamp is surrendered to the company within 6 months
after the invalidation.”;
(b) for paragraph 10(1) there shall be
substituted the following sub-paragraph –
“(1) The
States may, by Regulations, make provision of a saving or transitional nature
consequent on the enactment of this Law, and (without affecting the generality
of the preceding words) on the taking up of functions of (or of services
provided by) the Minister for Economic Development under the Post Office
(Jersey) Law 1969 by the company, the Authority, a Minister or any
administration of the States.”.
25 Public
Employees (Retirement) (Validation and Amendment) (Jersey) Law
2005 – amended
In Article 6(4) of the
Public Employees (Retirement) (Validation and Amendment) (Jersey) Law 2005[26] for the words “Policy and Resources Committee” there
shall be substituted the words “Chief Minister”.
26 Competition
(Jersey) Law 2005 – amended
(1) In this Regulation, a reference to a
provision is a reference to the provision in the Competition (Jersey) Law 2005.[27]
(2) In Article 1 –
(a) in the definition “commercial
entity” for the words “Committee of the States” there shall
be substituted the word “Minister”;
(b) the definition “Committee” shall
be deleted;
(c) before the definition “officer”
there shall be inserted the following definition –
“‘Minister’ means the Minister for Economic
Development;”;
(d) in the definition “prescribed”
for the word “Committee” there shall be substituted the word
“Minister”;
(e) in paragraph (b) of the definition
“States Authority” for the words “Committee of the
States” there shall be substituted the word “Minister”.
(3) For Article 4 there shall be substituted the
following Article –
“4 Application to
the States and other persons
This Law applies to the States, a Minister, a body created by Act of
the States and to any States Authority in so far as the States, Minister, body
or States Authority is carrying on a business, but it does not apply to the
States or such a Minister, body or States Authority when acting in any other
capacity.”.
(4) In the following provisions, for the word
“Committee”, in each place where it appears, there shall be
substituted the word “Minister” –
(a) Article 10(1), (3) and (4);
(b) Article 11(1), (3)(e) and (6);
(c) Article 13;
(d) Article 19;
(e) Article 20(3) and
(4);
(f) Article 24;
(g) Article 26(2);
(h) Article 39(3);
(i) Article 43(6);
(j) Article 57(1), (2), (3), (4) and
(5).
(5) In Article 10(2) for the words “When
advising the Committee, the Authority shall, in particular, advise it”
there shall be substituted the words “When advising the Minister, the
Authority shall, in particular, advise him or her”.
(6) For Article 12 there shall be substituted
the following Article –
“12 Exemption by Minister on
grounds of public policy (Part 2)
(1) The
Minister may, after consulting the Authority, exempt an arrangement from
Article 8(1).
(2) The
Minister shall not do so unless satisfied that there are exceptional and
compelling reasons of public policy that make it desirable to do so.
(3) When,
in accordance with paragraph (1), the Minister consults the Authority on a
proposed exemption –
(a) the
Authority must publish the advice it gives to the Minister; and
(b) the
Minister must publish his or her reasons for granting or refusing to grant the
exemption, as the case may be.”.
(7) For Article 18 there shall be substituted
the following Article –
“18 Exemption by Minister on
grounds of public policy (Part 3)
(1) The
Minister may, after consulting the Authority, exempt an undertaking or
undertakings from Article 16(1).
(2) The
Minister shall not do so unless satisfied that there are exceptional and
compelling reasons of public policy that make it desirable to do so.
(3) When,
in accordance with paragraph (1), the Minister consults the Authority on a
proposed exemption –
(a) the
Authority must publish the advice it gives to the Minister; and
(b) the
Minister must publish his or her reasons for granting or refusing to grant the
exemption, as the case may be.”.
(8) For Article 23 there shall be substituted
the following Article –
“23 Exemption by Minister on
grounds of public policy (Part 4)
(1) The
Minister may, after consulting the Authority, exempt a merger or acquisition of
a type prescribed by an Order made under Article 20(3) from the
requirement that it be approved by the Authority before execution.
(2) The
Minister shall not do so unless satisfied that there are exceptional and
compelling reasons of public policy that make it desirable to do so.
(3) When,
in accordance with paragraph (1), the Minister consults the Authority on a
proposed exemption –
(a) the
Authority must publish the advice it gives to the Minister; and
(b) the
Minister must publish his or her reasons for granting or refusing to grant the
exemption, as the case may be.”.
(9) For Article 61 there shall be substituted
the following Article –
(1) The
Minister may make Orders to carry this Law into effect and, in particular, to
prescribe any matter that shall or may be prescribed under this Law.
(2) If
the Minister considers that an Order should be made he or she may direct the
Authority to make recommendations in respect of the proposed Order to the Minister.”.
27 Regulation
of Investigatory Powers (Jersey) Law 2005 – amended
(1) In this Regulation, a reference to a
provision is a reference to the provision in the Regulation of Investigatory
Powers (Jersey) Law 2005.[28]
(2) In Article 1(1) –
(a) the definition “Committee” shall
be deleted;
(b) after the definition “legal
proceedings” there shall be inserted the following
definition –
“‘Minister’ means the Minister for Home
Affairs;”;
(c) in the definition “prescribed”
for the word “Committee” there shall be substituted the word
“Minister”.
(3) In the following provisions, for the word
“Committee”, in each place where it appears, there shall be
substituted the word “Minister” –
(a) Article 5(4)(c);
(b) Article 9(2);
(c) Article 16(1), (3), (6)(b) and (c),
(8), (9) and (10);
(d) Article 17(1), (2)
and (3);
(e) Article 27(9);
(f) Article 35(6);
(g) Article 40(8);
(h) Article 41(4);
(i) Article 46(3)(c);
(j) Article 47(2);
(k) Article 48(8);
(l) Article 51(1),
(3), (4), (5) and (6);
(m) Article 53(2);
(n) Article 54(b);
(o) Article 55;
(p) paragraph 5(2)(c) of Schedule 4,
in the matter to be inserted as Article 101(4) of the Police Procedures
and Criminal Evidence (Jersey) Law 2003.
(4) In Article 16(2) for the word
“Committee’s” there shall be substituted the word
“Minister’s”.
(5) In the following provisions, for the word
“it”, in each place where it appears, there shall be substituted
the words “the Minister” –
(a) Article 9(2);
(b) Article 16(9)(a) and (10);
(c) Article 51(3) and (4);
(d) Article 53(2)(b);
(e) paragraph 3(1) of Schedule 3;
(f) paragraph 5(2)(c) of Schedule 4,
in the matter to be inserted as Article 101(4)(b) in the Police Procedures
and Criminal Evidence (Jersey) Law 2003.
(6) In the following provisions, for the words “Committee
of the States”, in each place where they appear, there shall be
substituted the word “Minister” –
(a) Article 9(5)(a);
(b) Article 21(3)(b);
(c) Article 23(2)(b);
(d) Article 26(2)(f);
(e) Article 34(3)(f);
(f) Article 35(3)(f);
(g) Article 44(1)(a);
(h) Article 49(7)(a).
(7) In Articles 43(4) and 45(6) for the words
“Finance and Economics Committee” there shall be substituted the
words “Minister for Treasury and Resources”.
(8) In Article 43(5) for the words
“The Committee, after consultation with the Finance and Economics
Committee” there shall be substituted the words “The Minister,
after consultation with the Minister for Treasury and Resources”.
(9) In Article 54(b) for the word
“its” there shall be substituted the words “his or
her”.
(10) In Schedule 3 –
(a) in paragraph 2 for the words
“Finance and Economics Committee determine” there shall be
substituted the words “Minister for Treasury and Resources
determines”;
(b) in paragraph 3(1) for the words
“Finance and Economics Committee” there shall be substituted the
words “Minister for Treasury and Resources”.
28 Planning
and Building (Amendment) (Jersey) Law 2005 – amended
In Article 4 of the Planning
and Building (Amendment) (Jersey) Law 2005,[29] for Article 106(1) and (2) (as to be substituted in the Planning
and Building (Jersey) Law 2002) there shall be substituted the following
paragraphs –
“(1) In
this Part “persons interested in the appeal”, in respect of an
appeal under this Part, means –
(a) the
Minister;
(b) the
appellant; and
(c) any
other person who made a submission to the Minister in respect of the matter the
subject of the appeal prior to the Minister’s making his or her decision
in respect of that matter.
(2) For
the purpose of paragraph (1)(c) a person who has made a submission to the
Minister includes any highway authority, any Minister, or a body or person
created by statute that has commented on an application as a result of the
Minister’s compliance with Article 14, 15, 16 or 17.”.
29 Planning
and Building (Amendment No. 2) (Jersey) Law 2005 – amended
(1) In this Regulation, a reference to a
provision is a reference to the provision in the Planning and Building
(Amendment No. 2) (Jersey) Law 2005.[30]
(2) In Article 2, in Article 109(1) and (2)(a),
(b), (c), (d), (e), (f), (g), (h) and (i) (as to be substituted in the Planning
and Building (Jersey) Law 2002), for the word “Committee”, in each
place where it appears, there shall be substituted the word
“Minister”.
(3) In Article 3(1), for Article 114(1) and
(2), as to be substituted in the Planning and Building (Jersey) Law 2002, there
shall be substituted the following paragraphs –
“(1) This
Article applies to a decision by the Minister to grant planning permission on
an application made to the Minister in accordance with Article 9(1) if a
submission was made to the Minister in respect of the application prior to the Minister’s
making the decision by a person (other than the applicant) who –
(a) has
an interest in land; or
(b) is
resident on land,
any part of which is within 50 metres of any part of the site
to which the planning permission relates.
(2) For
the purposes of paragraph (1), a person who has made a submission to the Minister
includes a body or person created by statute (other than a Minister) that has
commented on the application as a result of the Minister’s compliance
with Article 17.”.
(4) In Article 4(1), in
Article 117(3)(b), as to be substituted in the Planning and Building
(Jersey) Law 2002, for the word “Committee” there shall be
substituted the word “Minister”.
(5) In Article 4(2), for Article 117(7),
as to be substituted in the Planning and Building (Jersey) Law 2002, there
shall be substituted the following paragraph –
“(7) If
the Royal Court determines, in the case of an entry to a building and the
undertaking of work to which paragraph (2) applies, that all or any of the
actions taken by the Minister were unreasonable having regard to all the
circumstances of the case, the Minister shall not be entitled to recover his or
her costs in accordance with Article 71(4) and Article 72 shall not
apply in this case.”.
30 Jersey
Overseas Aid Commission (Jersey) Law 2005 – amended
In clause 1.1 of Schedule 1
to the Jersey Overseas Aid Commission (Jersey) Law 2005,[31] for the definition “overseeing authority” there shall
be substituted the following definition –
“‘overseeing authority’ means the Minister for
Treasury and Resources or another person, or a body, designated from time to
time by the States.”.
31 Amendments to subordinate enactments
The Schedule shall have
effect to amend subordinate enactments.
32 Citation and
commencement
(1) These Regulations may be cited as the States
of Jersey (Amendments and Construction Provisions No. 12) (Jersey)
Regulations 2005.
(2) These Regulations shall come into force on
the date on which Article 42(3) of the States of Jersey Law 2005 comes
into force.
m.n. de la haye
Greffier of the States.
SCHEDULE
(Regulation 31)
SUBORDINATE ENACTMENTS AMENDED
1 Prison
(Jersey) Rules 1957 – amended
In Rule 78(1) of the Prison (Jersey) Rules 1957[32] for the words
“Committee either” there shall be substituted the words
“Minister either”.
2 Motor
Vehicles (International Circulation) (Jersey) Regulations 1958 – amended
In Regulation 1(1) of the Motor Vehicles (International
Circulation) (Jersey) Regulations 1958[33] for the words “the Committee”
there shall be substituted the words “the Minister”.
3 Road
Racing (General Provisions) (Jersey) Order 1959 – amended
In Article 5 of the Road
Racing (General Provisions) (Jersey) Order 1959[34] for the words “Environment and Public Services
Committee” there shall be substituted the words “Minister for Transport
and Technical Services”.
4 Road
Traffic (Prohibition of Waiting) (Clearways) (Jersey) Order 1963 – amended
In Article 1 of the Road Traffic (Prohibition of Waiting) (Clearways)
(Jersey) Order 1963,[35] in the definition “main carriageway”, for the word
“Committee” there shall be substituted the words “Minister
for Transport and Technical Services”.
5 Food
Hygiene (General Provisions) (Jersey) Order 1967 – amended
In Article 1(1) of the Food Hygiene (General Provisions)
(Jersey) Order 1967,[36] for the definition
“market” there shall be substituted the following
definition –
“‘market’
means a public market under the administration of the Minister for Transport
and Technical Services;”.
6 Boats
and Surf-Riding (Control) (Jersey) Regulations 1969 – amended
In Regulations 1, 4, 7 and 31(1) of the Boats and Surf-Riding
(Control) (Jersey) Regulations 1969[37] before the definition “registered”
in each case there shall be inserted the following definition –
“‘Minister’
means the Minister for Economic Development;”.
7 Ancillary Dental Workers
(Jersey) Regulations 1974
In Regulation 12 of
the Ancillary Dental Workers (Jersey) Regulations 1974,[38] for the words “Health and Social Services Committee”
there shall be substituted the words “Minister for Health and Social
Services”.
8 Social
Security (Classification) (Jersey) Order 1974
In the Social Security
(Classification) (Jersey) Order 1974,[39] in column B of item 8 of Part 2 of Schedule 1
for the words “under the Committee for Postal Administration” there
shall be substituted the words “in the provision of postal
services”.
9 Road
Traffic (Saint Ouen) (Jersey) Order 1979 – amended
In Schedule 2 to the Road
Traffic (Saint Ouen) (Jersey) Order 1979,[40] in the entry in the second
column, opposite the entry “The approach road to Greve de Lecq
Pier” in the first column –
(a) for
the words “Environment and Public Services Committee” there shall
be substituted the words “Minister for Transport and Technical
Services”; and
(b) for
the words “Harbours and Airport Committee” there shall be
substituted the words “Minister for Economic Development”.
10 Road
Traffic (Disabled Persons) (Badges for Motor Vehicles) (Jersey) Order
1982 – amended
In Article 1 of the Road Traffic (Disabled Persons) (Badges for
Motor Vehicles) (Jersey) Order 1982[41] in the definition
“authority” for the words “Committee” and “its
behalf” there shall be substituted the words “Minister for Transport
and Technical Services” and “the Minister’s behalf”
respectively.
11 Road
Traffic (Pedestrian Crossings) (Jersey) Order 1982 – amended
In Article 1(1) of the Road Traffic (Pedestrian Crossings)
(Jersey) Order 1982[42] –
(a) the
definition “Committee” shall be deleted;
(b) there
shall be inserted after the definition “Law” the following
definition –
“‘Minister’
means the Minister for Transport and Technical Services;”.
12 Teachers’
Superannuation (General Provisions) (Jersey) Order 1986 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Teachers’ Superannuation (General Provisions) (Jersey) Order 1986.[43]
(2) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article 1(1),
definition “accepted school”;
(b) Article 1(1),
definition “Actuary”;
(c) Article 1(1),
definition “agreed”;
(d) Article 1(1),
definition “approved”;
(e) Article 1(8)(a)
and (b) and (9)(b);
(f) Article 3(1),
(2), (3) and (6);
(g) Article 4(1)(b),
(2), (3) and (5);
(h) Article 5(5);
(i) Article 6(2)(a)
and (b);
(j) Article 7(3);
(k) Article 10(2);
(l) Article 11(2)(b);
(m) Article 13;
(n) Article 18(1)
and (2)(a);
(o) Article 22(4)
and (10);
(p) Article 23(2)
and (3)(b);
(q) Article 27(5)(i);
(r) Article 28(1)(a)(i),
(4) and (6);
(s) Article 29(1)
and (4);
(t) Article 31(3);
(u) Article 35(2);
(v) Article 39(2)
and (3);
(w) the
heading to Article 41;
(x) Article 41(1)
and (3);
(y) Article 42(2);
(z) Article 44(c)
and (d);
(aa) Article 46(4);
(ab) Article 47(1)(b);
(ac) Article 50;
(ad) Article 52(5);
(ae) Article
53(2)(b);
(af) Article 54(8);
(ag) Article 63(2)(a);
(ah) Article 66(b);
(ai) Article 67(1);
(aj) Article 68(4),
(5) and (6);
(ak) Article 69;
(al) Article 70(2)(a)
and (b);
(am) Article 72(1)(d);
(an) Article 73(4),
(6) and (7);
(ao) Article 76(1),
(2) and (4);
(ap) Article 77;
(aq) Article 79(1);
(ar) Article 80;
(as) Article 84(1)
and (5);
(at) Article 85;
(au) Article 86(3)(b);
(av) Article 87;
(aw) Article 88;
(ax) Schedule
1, Part 1, paragraph 5(1) and (2);
(ay) Schedule
1, Part 1, paragraph 6(8);
(az) Schedule
1, Part 2, paragraph 3(2);
(ba) Schedule
2, Table 3, including notes 1 and 2;
(bb) Schedule
4, paragraph 3;
(bc) Schedule
4, paragraph 4(1) and (2);
(bd) Schedule
4, paragraph 5(1), (2) and (3);
(be) Schedule
4, Table to paragraph 6;
(bf) Schedule
5, Part 2, paragraph 1;
(bg) Schedule
5, Part 2, paragraph 2;
(bh) Schedule
5, Part 2, paragraph 3(i) and (ii).
(3) In
the following provisions, for the word “its”, in each place where
it appears, there shall be substituted the word “the
Minister’s” –
(a) Article 3(6);
(b) Article 5(5);
(c) Article
7(3);
(d) Article 88.
(4) In
the following provisions, for the word “it”, in each place where it
appears, there shall be substituted the word “the
Minister” –
(a) Article 50;
(b) Article 52(5);
(c) Article 69;
(d) Article 77;
(e) Schedule
4, paragraph 3(c);
(5) In Article
83 –
(a) in
paragraph (1) for the words “Committee such reports and returns, and
give it such information relating to such persons, as it may require for the
purposes of its functions” there shall be substituted the words “Minister
such reports and returns, and give the Minister such information relating to
such persons, as the Minister may require for the purposes of his or her
functions”;
(b) in
paragraph (2) for the words “Committee as it may require for the
purposes of its functions” there shall be substituted the words “Minister
as the Minister may require for the purposes of his or her functions”.
(6) In Article 84(5),
for the words “it thinks fit” there shall be substituted the words
“the Minister thinks fit”.
13 Road
Traffic (Saint Lawrence) (Jersey) Order 1990 – amended
In Article 8(1) of the Road Traffic (Saint Lawrence) (Jersey)
Order 1990,[44] in the definition
“parking card”, for the word “Committee” there shall be
substituted the words “Minister for Transport and Technical
Services”.
14 Road
Traffic (Saint Helier) (Jersey) Order 1996 – amended
In Article 2(1) of the Road Traffic (Saint Helier) (Jersey) Order 1996[45] –
(a) the
definition “Committee” shall be deleted;
(b) after
the definition “keep” there shall be inserted the following
definition –
“‘Minister’
means the Minister for Transport and Technical Services;”.
15 Teachers’
Superannuation (Financial Provisions) (Jersey) Order 1996 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Teachers’ Superannuation (Financial Provisions) (Jersey) Order 1996.[46]
(2) In
Article 1 –
(a) the
definition “Committee” shall be deleted;
(b) in
the definition “proper advice” for the word “Committee”
there shall be substituted the words “Minister for Treasury and
Resources”.
(3) For
Article 2 there shall be substituted the following Article –
The Minister for Treasury and
Resources shall meet once a year with the Minister for Education, Sport and
Culture and one representative of each association of teachers and retired
teachers recognized by the latter Minister for the purposes of the
Teachers’ Superannuation (Jersey) Law 1979, to discuss the management of
the Fund.”.
(4) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the words “Minister for
Treasury and Resources” –
(a) Article 3(a)
and (b);
(b) Article 4(b)(i);
(c) Article
5.
(5) In
Article 4(b)(ii) for the words “the Committee” there shall be
substituted the words “that Minister.
16 Medicines
(Applications for Manufacturer’s and Wholesale Dealer’s Licences)
(Jersey) Order 1997
In Article 8 of the Medicines
(Applications for Manufacturer’s and Wholesale Dealer’s Licences)
(Jersey) Order 1997,[47] for the word
“Committee” in each place where it appears there shall be
substituted the word “Minister”.
17 Motor
Vehicles (Construction and Use) (Jersey) Order 1998 – amended
In Article 108(2)(e) of the Motor Vehicles (Construction and
Use) (Jersey) Order 1998[48] for the words “Public
Services Committee” there shall be substituted the words “Minister
for Transport and Technical Services”.
18 Road
Traffic (Public Parking Places) (Jersey) Order 2004 – amended
In Article 1(1) of the Road
Traffic (Public Parking Places) (Jersey) Order 2004[49] –
(a) the
definition “Committee” shall be deleted;
(b) in
the definition of “controlling body” for paragraph (b) there
shall be substituted the following paragraph –
“(b) the Minister for Education,
Sport and Culture in the case of the
parking places STH6 and STH21;
and”;
(c) in
the following definitions for the word “Committee” in each place
where it appears there shall be substituted the words “Minister for Transport
and Technical Services” –
(i) definition
of “controlling body”, paragraph (c),
(ii) definition
of “excess charge notice”,
(iii) definition
of “pay card”,
(iv) definition
of “permit”,
(v) definition
of “season ticket”.
19 Royal
Court Rules 2004 – amended
In the Royal Court Rules 2004[50] –
(a) for
Rule 5/9 there shall be substituted the following Rule –
“5/9 Personal
service on the States, a Minister or an administration of the States
Personal service of a
document on the States, a Minister or an administration of the States may, in
cases where provision is not otherwise made by any enactment, be effected by
serving it in accordance with Rule 5/7 on the Greffier of the States.”;
(b) for
Rule 15/1 there shall be substituted the following Rule –
“15/1 Application
and interpretation
(1) Except where provision is otherwise made,
this Part applies to appeals to the Court from an administrative decision of a
person, or body, in exercise of a right of appeal conferred by or under any
enactment (including an Act of the Parliament of the United Kingdom or
instrument thereunder extended by Order in Council to, or otherwise having
effect in, Jersey).
(2) In this Part, unless the context otherwise
requires –
“appeal” means an
appeal to which this Part applies and “appellant” shall be
construed accordingly;
“the respondent”
means the person, or body, whose decision is appealed from.”;
(c) for
note (1) to Schedule 4 there shall be substituted the following note –
“(1) Insert the name of the person,
or body, whose decision is appealed from.”.
20 Community
Provisions (Burma/Myanmar Sanctions) (Jersey) Order 2005 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Community Provisions (Burma/Myanmar Sanctions) (Jersey) Order 2005.[51]
(2) In
Article 1(1) –
(a) the
definition “Committee” shall be deleted;
(b) in
paragraph (b) of the definition “competent authorities” for the
word “Committee” there shall be substituted the word
“Minister”;
(c) after
the definition “funds” there shall be inserted the following
definition –
“‘Minister’
means the Chief Minister;”;
(3) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article 5(1);
(b) Article 8(1)
and (2);
(c) Article 10(2);
(d) the
heading to Article 11;
(e) Article 11(1)(b);
(f) Article 13(1)
and (2);
(g) Article 16(2).
(4) In
Article 13(2)(b) for the word “Committee’s” there shall
be substituted the word “Minister’s”.
(5) For
Article 16(1) there shall be substituted the following paragraph –
“(1) The Minister may, to such
extent and subject to such restrictions and conditions as he or she thinks
proper, delegate or authorize the delegation of any of his or her functions
under this Order to a person, or class or description of person, approved by the
Minister.”.
21 Financial
Services (General Insurance Mediation Business (Registration and Fees))
(Jersey) Order 2005 – amended
In Article 2(1) of the Financial Services (General Insurance
Mediation Business (Registration and Fees)) (Jersey) Order 2005[52] for the word
“Committee” there shall be substituted the word
“Minister”.
22 Shipping
(Safety Codes) (Jersey) Order 2005 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Shipping (Safety Codes) (Jersey) Order 2005.[53]
(2) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article 5(1)
and (2);
(b) Article 6.
(3) In
Article 5(2) for the word “Committee’s” there shall be
substituted the word “Minister’s”.
(4) In
Article 8, in the definition “Memorandum of Understanding”,
for the word “Committee” there shall be substituted the words
“Harbours and Airport Committee”.
23 Community
Provisions (Animal Feeding) (Jersey) Regulations 2005 – amended
In Regulation 1 of the Community Provisions (Animal Feeding)
(Jersey) Regulations 2005,[54] in the definition
“inspector”, for the words “Environment and Public Services
Committee” there shall be substituted the words “Minister for
Planning and Environment”.
24 Employment
Tribunal (Jersey) Regulations 2005 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Employment Tribunal (Jersey) Regulations 2005.[55]
(2) For
Regulation 1 there shall be substituted the following
Regulation –
In these Regulations, unless
the context otherwise requires –
‘member’ means
the Chairman, the Deputy Chairman or any other member of the Tribunal;
‘Minister’ means
the Minister for Social Security.”.
(3) In
Regulation 3(2), for the words “Employment and Social Security
Committee” there shall be substituted the word “Minister”.
(4) In
the following provisions, for the word “Committee”, in each place
where it appears, there shall be substituted the word
“Minister” –
(a) Article
5(1);
(b) Article
6(2);
(c) Article
10(1) and (2).
25 States
of Jersey (Amendments and Construction Provisions No. 1) (Jersey)
Regulations 2005 – amended
Regulations 3 and 4 of the States of Jersey (Amendments and
Construction Provisions No. 1) (Jersey) Regulations 2005[56] shall be deleted.
26 States
of Jersey (Amendments and Construction Provisions No. 2) (Jersey)
Regulations 2005 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the States of Jersey (Amendments and Construction Provisions No. 2)
(Jersey) Regulations 2005.[57]
(2) Regulation
2(5) shall be deleted.
(3) Regulation
7(2)(b) shall be deleted.
27 States
of Jersey (Amendments and Construction Provisions No. 4) (Jersey) Regulations
2005 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the States of Jersey (Amendments and Construction Provisions No. 4)
(Jersey) Regulations 2005.[58]
(2) Regulation
1(2), (3) and (4) shall be deleted.
(3) Regulation
11 shall be deleted.
(4) Regulation
38(15) shall be deleted.
(5) Regulation
39(20) and (21) shall be deleted.
(6) In
the Schedule, paragraph 18(9) shall be deleted.
28 States
of Jersey (Amendments and Construction Provisions No. 5) (Jersey)
Regulations 2005 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the States of Jersey (Amendments and Construction Provisions No. 5)
(Jersey) Regulations 2005.[59]
(2) Regulation
10(6)(b) shall be deleted.
(3) Regulation
12 shall be deleted.
(4) Regulation
13(12) shall be deleted.
(5) Regulations
26(43)(c) and (50) shall be deleted.
(6) In
Schedule 1 –
(a) paragraph
3(2) shall be deleted;
(b) paragraph
12(5) shall be deleted;
(c) paragraph
24 shall be deleted;
(d) paragraph
36 shall be deleted.
29 States
of Jersey (Amendments and Construction Provisions No. 6) (Jersey) Regulations
2005 – amended
Paragraph 1 of the Schedule to the States of Jersey (Amendments
and Construction Provisions No. 6) (Jersey) Regulations 2005[60] shall be deleted.
30 States
of Jersey (Amendments and Construction Provisions No. 7) (Jersey) Regulations
2005 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the States of Jersey (Amendments and Construction Provisions No. 7) (Jersey)
Regulations 2005.[61]
(2) The
following provisions shall be deleted –
(a) Regulation
2;
(b) Regulation
12;
(c) Regulation
41(d);
(d) Schedule
1, item 8;
(e) Schedule
2, paragraph 4(2);
(f) Schedule
2, paragraph 7(2);
(g) Schedule
2, paragraph 9;
(h) Schedule
2, paragraph 13;
(i) Schedule
2, paragraph 14;
(j) Schedule
2, paragraph 16(2);
(k) Schedule
2, paragraph 19(2);
(l) Schedule
2, paragraph 25(2);
(m) Schedule
2, paragraph 27(3);
(n) Schedule
2, paragraph 39.
31 States
of Jersey (Amendments and Construction Provisions No. 8) (Jersey) Regulations
2005 – amended
Regulations 7(4) and 26(a) of the States of Jersey (Amendments and
Construction Provisions No. 8) (Jersey) Regulations 2005[62] shall be deleted.
32 Education
(Discretionary Grants) (Jersey) Order 2005 – amended
(1) In
this paragraph, any reference to a provision is a reference to the provision in
the Education (Discretionary Grants) (Jersey) Order 2005.[63]
(2) In
the following provisions for the word “Committee” in each place
where it appears there shall be substituted the word “Minister” –
(a) Article
3(1)(a) and (2);
(b) Article
5(5);
(c) Article
9;
(d) Article
10(2)(b) and (4);
(e) Article
11(1);
(f) Article
12(2), (3) and (4);
(g) Article
13(1);
(h) Article
14(2), (3) and (5);
(i) Article
15(2), (5), (6), (7), (10) and (11);
(j) Article
16;
(k) Schedule
1, paragraph 2(4) and (5)(b).
(3) In
Article 6(3) for the word “Committee’s” there shall be
substituted the word “Minister’s”.
(4) In
Article 12(3) for the words “its option” there shall be
substituted the words “the Minister’s option”.
(5) In
Article 15(7)(a) for the words “it thinks fit” there shall be
substituted the words “the Minister thinks fit”.
(6) In
Article 15(10) for the words “it has not been provided with such
information as it may require” there shall be substituted the words “the
Minister has not been provided with such information as he or she may require”.
(7) In
Article 17, for paragraphs (1) and (2) there shall be substituted the
following paragraphs –
“(1) This Article applies where,
under Article 27 of the States of Jersey Law 2005, the Minister delegates
any of his or her functions under this Order to an officer.
(2) A panel shall be established to hear appeals
made under this Article, of which the members shall be –
(a) subject to paragraph (3), the Director
of Education within the meaning of the Education (Jersey) Law 1999 or an
officer in an administration of the States for which the Minister is assigned
responsibility who is nominated from time to time by the Director of Education;
(b) the Minister or a person who is nominated
from time to time by the Minister; and
(c) a person, independent of an administration
of the States for which the Minister has been assigned responsibility, who is
nominated from time to time by the Minister.”.
(8) For
Article 17(10) there shall be substituted the following paragraph –
“(10) In this Article, ‘officer’
has the same meaning as in Article 27 of the States of Jersey Law
2005.”.
(9) In
paragraph 2(5)(c) of Schedule 1 for the words “Health and
Social Services Committee, made under the Children (Jersey) Law 1969”
there shall be substituted the words “Minister for Health and Social
Services made under the Children (Jersey) Law 2002”.