States of Jersey
(Transfer of Functions – Regulation of Care) (Jersey) Order 2018
Made 20th December 2018
Coming into force 1st
January 2019
THE CHIEF MINISTER, in pursuance of Article 29A of the States of Jersey Law 2005[1], orders as follows –
1 Interpretation
In this Order –
“receiving Minister” means the Chief Minister;
“transferring Minister” means the Minister Health and
Social Services.
2 Functions
of Minister of Health and Social Services transferred
(1) There
are transferred from the transferring Minister to the receiving Minister the
functions with respect to the making of Orders under the following enactments
(as in the case of that mentioned in sub-paragraph (c) it is amended by Schedule 2
to the Regulation of Care (Regulated Activities) (Jersey) Regulations 2018[2]) with respect to the making
of Orders –
(a) the
Health Care (Registration) (Jersey) Law 1995[3];
(b) the
Medical Practitioners (Registration) (Jersey) Law 1960[4] other than Article 10C;
(c) the
Nursing Homes (Jersey) Law 1994[5];
(d) the
Opticians (Registration) (Jersey) Law 1962[6];
(e) the
Piercing and Tattooing (Jersey) Law 2002[7].
(2) The
Schedule has effect for the purposes of the amendment of the enactments listed
in paragraph (1).
3 Connected
rights and liabilities transferred
(1) All
rights enjoyed and liabilities incurred by the transferring Minister in
connection with the functions transferred by Article 2 are transferred to
the receiving Minister 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 transferring Minister is incapable of transfer is, to the
extent that it applies to a right or liability transferred by paragraph (2),
of no effect.
(3) The
operation of paragraph (1) is not 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
transfer effected by Article 2 does not prejudice the operation of any
appointment, approval, authorization, 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 functions, rights and liabilities so transferred, but 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 functions, rights
and liabilities transferred by Regulations 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
functions, rights and liabilities transferred by Articles 2 and 3, the
receiving Minister is substituted in the proceeding for the transferring
Minister and the proceeding shall not abate by reason of the substitution.
5 Citation
and commencement
This Order may be cited as
the States of Jersey (Transfer of Functions – Regulation of Care)
(Jersey) Order 2018 and comes into force on 1st January 2019.
Senator J.A.N. Le Fondré
Chief Minister
SCHEDULE
(Article 2)
amendment of enactments
1 Health
Care (Registration) (Jersey) Law 1995
(1) The
Health Care (Registration) (Jersey) Law 1995[8] is amended as follows.
(2) In Article 1(1)
in the definition “prescribed” for the word “Minister”
there are substituted the words “Chief Minister”.
(3) In Article 17(2)
and (3)(c) for the word “Minister” there are substituted the words
“Chief Minister”.
2 Medical
Practitioners (Registration) (Jersey) Law 1960
(1) The
Medical Practitioners (Registration) (Jersey) Law 1960[9] is amended as follows.
(2) In Article 1(1)
for the word “Minister” in the definition “prescribed”
there are substituted the words “Chief Minister”.
(3) In Article 12A
for the word “Minister” there are substituted the words
“Chief Minister”.
3 Nursing
Homes (Jersey) Law 1994
(1) The
Nursing Homes (Jersey) Law 1994[10] is amended as follows.
(2) In Article 1(1)
for the word “Minister” in the definition “prescribed”
there is substituted the words “Chief Minister”.
(3) In Article 3(2)(b)
for the word “Minister” there are substituted the words
“Chief Minister”.
(4) In Article 15(1),
(2) (where it first appears) and (3) for the word “Minister” there
are substituted the words “Chief Minister”.
4 Opticians
(Registration) (Jersey) Law 1962
(1) The
Opticians (Registration) (Jersey) Law 1962[11] is amended as follows.
(2) In Article 1(1)
in the definition “prescribed” for the word “Minister”
there are substituted the words “Chief Minister”.
(3) In Articles 7(1)
(where it first appears) and 18(1), (2) and (3) for the word
“Minister” there are substituted the words “Chief
Minister”.
5 Piercing
and Tattooing (Jersey) Law 2002
(1) The
Piercing and Tattooing (Jersey) Law 2002[12] is amended as follows.
(2) In Article 1(1)
in the definition “prescribed”, for the word “Minister”
there are substituted the words “Chief Minister”.
(3) In Article 12(1)
and (3) for the word “Minister” there are substituted the words
“Chief Minister”.