R&O – 154/2003
Transfer of
Functions (Economic Development Committee) (No. 2)
(Jersey) Act 2003
Made 9th December 2003
Coming into force 1st
January 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 –
“liabilities” means any liabilities, debts or obligations (whether present
or future and whether vested or contingent);
“receiving Committee” means the Economic Development Committee;
“rights”
means any rights, powers, privileges or immunities (whether present or future
and whether vested or contingent);
“transferring Committee” means the Telecommunications Board.
2 Residual
functions transferred
There are transferred to the receiving Committee the functions, if
any, of the transferring Committee.
3 Construction
and transitional provisions
(1) Subject
to paragraph (2), in any enactment, 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 enactment, judgment, award,
contract, certificate 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 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 (Economic
Development Committee) (No. 2) (Jersey) Act 2003 and shall come into force on
1st January 2004.
M.N. DE LA HAYE
Greffier of the States.