Employment of
States of Jersey Employees (Consequential, Amendment, Repeal, Transitional and
Savings Provisions) (Jersey) Regulations 2005
Made 1st November 2005
Coming into force in
accordance with Regulation 51
THE STATES, in pursuance of Article 39 of the Employment of States of Jersey
Employees (Jersey) Law 2005[1] and Article 49 of the States of
Jersey Law 2005,[2] have made the following
Regulations –
PART 1
INTRODUCTORY PROVISION
1 Interpretation
In these Regulations –
“commencement day”
means the day on which Part 2 of the Law comes into force;
“Law” means the Employment of States of
Jersey Employees (Jersey) Law 2005.
PART 2
TRANSFER OF EMPLOYMENT OF CERTAIN PERSONS
2 Transfer
to States Employment Board of employment etc. of certain persons
(1) Subject
to this Part, on and from the commencement day –
(a) each
person who, immediately before the commencement day, was employed by the States
or a Committee of the States under a contract of employment shall become an
employee of the States Employment Board under the Law;
(b) the
person’s contract of employment, as in force immediately before the
commencement day, with the States or the Committee shall have effect under the
Law as if it had originally been made under that Law between the person and the
States Employment Board on the date on which it was actually made;
(c) all
rights, powers, duties and liabilities under or in connection with the contract
shall be enforceable or exercisable as if the contract had been originally made
under the Law between the person and the States Employment Board;
(d) any
collective agreement made by a Committee (or otherwise on behalf of the States)
with a representative body that is recognized, by that Committee or otherwise
on behalf of the States, as acting on behalf of such a person, being an
agreement that still has effect in respect of the person immediately before the
commencement day, shall continue to have effect in respect of the person as if
it had been originally made by or on behalf of the States Employment Board with
that representative body on the date on which it was actually made; and
(e) anything
done before the commencement day by or in relation to the Committee or
otherwise on behalf of the States under or in respect of the contract or a collective
agreement referred to in sub-paragraph (d) or in respect of the person
shall be taken to have been done by or in relation to the States Employment
Board on the date when it was actually done.
(2) On
and from the commencement day –
(a) each
person who, immediately before the commencement day, was a
“delegué” within the meaning of Article 7 of the Loi (1937)
sur l’atténuation des peines et sur la mise en liberté
surveillée,[3] and who had signed a
document (“the document”) that specifies the document is a contract
of employment between the person and the Probation Board of the Royal Court,
shall become an employee of the States Employment Board;
(b) the
document shall have effect under the Law as if it had originally been a
contract of employment made under the Law between the person and the States
Employment Board on the date on which the document was signed;
(c) all
rights, powers, duties and liabilities under or in connection with the document
on and from the commencement day shall be enforceable or exercisable as if the
document signed had originally been a contract of employment made between the
person and the States Employment Board under the Law;
(d) any
collective agreement made by the Probation Board of the Royal Court (or
otherwise on behalf of the States) with a representative body that is
recognized, by that Board or otherwise on behalf of the States, as acting on
behalf of such a person, being an agreement that still has effect in respect of
the person immediately before the commencement day, shall have, or shall
continue to have, effect in respect of the person as if it had been originally
made by or on behalf of the States Employment Board with that representative
body on the date on which it was actually made;
(e) anything
done before the commencement day by or in relation to the Probation Board or
otherwise on behalf of the States under or in respect of the contract or a
collective agreement referred to in sub-paragraph (d) or in respect of the
person shall be taken to have been done by or in relation to the States
Employment Board on the date when it was actually done; and
(f) if
the document contains a clause to the effect that the employment or appointment
of the person is subject to the Civil Service Administration (General) (Jersey)
Rules 1949 or to the Administration Rules, Regulation 3 shall apply in relation
to the person as if –
(i) the reference in
paragraph (1) of that Regulation to a contract of employment were a reference
to the document, and
(ii) the reference in
paragraph (1) of that Regulation to a person being an employee of a Committee
of the States were a reference to the person being an employee of the Probation
Board of the Royal Court.
(3) Nothing
in this Regulation shall be taken to prevent or restrict the amendment of a
contract or a collective agreement referred to in paragraph (1) or (2) if the
amendment is made –
(a) by
a competent tribunal or a court; or
(b) in
accordance with the contract or with the agreement, including by way of a
collective agreement, of both parties to the contract.
(4) For
the avoidance of doubt, paragraph (1) does not apply to any person who,
immediately before the commencement day, was a member of the States of Jersey
Police Force (including the Chief Officer and the Deputy Chief Officer of the
States of Jersey Police Force).
3 Certain
provisions of Civil Service Administration (General) (Jersey) Rules 1949
to remain part of contract of employment
(1) If, in a contract of employment that was in
force immediately before the commencement day and that relates to the
employment of a person as an employee of the States or a Committee of the
States, there is a term to the effect that the employment or appointment of the
person is subject to the Civil Service Administration (General) (Jersey) Rules 1949
or to the Administration Rules –
(a) Parts 3, 4, 5 and 6 of the Civil Service
Administration (General) (Jersey) Rules 1949 and Schedule 3, as those Parts and
Schedule are in force immediately before the commencement day, shall, with the
modifications made in accordance with paragraph (2), be taken on and from the
commencement day to comprise a document forming part of the contract;
(b) any reference in the contract to either of
those Rules shall be taken to be a reference to that document; and
(c) despite Regulation 2, the provisions of the
Civil Service Administration (General) (Jersey) Rules 1949 as in force
immediately before the commencement day shall not, on and from that day, form
part of the contract.
(2) The Rules referred to in paragraph (1)(a)
shall be modified as follows –
(a) for Rule 9 there shall be substituted the
following clause –
If the officer is approached in any manner indicating an attempt at
bribery, the officer shall report the fact to the head of the administration of
the States for the purposes of which the officer is employed, or, if the
officer is the head, the Chief Executive Officer.”;
(b) in Rule 10, for the words
“administering authority” there shall be substituted the words
“head of the administration of the States for the purposes of which the
officer is employed, or, if the officer is the head, the Chief Executive
Officer”;
(c) in Rule 11(1), for the words “the
Committee of the States concerned” there shall be substituted the words
“the head of the administration of the States for the purposes of which
the officer is employed, or, if the officer is the head, the Chief Executive
Officer”;
(d) in Rule 12, for the words “the
Committee” there shall be substituted the words “the head of the
administration of the States for the purposes of which the officer is employed,
or, if the officer is the head, the Chief Executive Officer”;
(e) for Rule 13 there shall be substituted the
following clause –
Where the officer has occasion to deal in an official capacity with
any matter in which the officer has a private or business interest, the officer
shall disclose that interest to the head of the administration of the States
for the purposes of which the officer is employed, or, if the officer is the
head, the Chief Executive Officer.”;
(f) for Rule 16 there shall be substituted
the following clause –
An officer wishing to join the Reserve Armed Forces of the Crown
shall apply for permission to the head of the administration of the States for
the purposes of which the officer is employed, or, if the officer is the head,
the Chief Executive Officer.”;
(g) in Rules 17 and 18, for the words
“civil service” there shall be substituted the words “public
service”;
(h) Rule 21 shall be deleted;
(i) for Rule 23 there shall be substituted
the following clause –
An officer wishing to submit any matter to the States Employment
Board shall do so by letter addressed to the head of the administration of the
States for the purposes of which the officer is employed, or, if the officer is
the head, the Chief Executive Officer.”;
(j) Rules 25(3) shall be deleted;
(k) in Rule 26(2), for the word
“Committee” there shall be substituted the words “head of the
administration of the States for the purposes of which the officer is employed,
or, if the officer is the head, the Chief Executive Officer,”;
(l) in Rule 27(3), for the words
“Chief Officer of the department for which the officer works, or a
nominee of that Chief Officer,” there shall be substituted the words
“head of the administration of the States for the purposes of which the
officer is employed (or, if the officer is the head, the Chief Executive
Officer), as the case may be,”;
(m) in Rule 27(4), for the words “Chief Officer
or nominee” there shall be substituted the words “head of the
administration or Chief Executive Officer, as the case may be,”;
(n) in Rule 27(6), for the word
“Committee” there shall be substituted the words “head of the
administration of the States for the purposes of which the officer is employed,
or, if the officer is the head, the Chief Executive Officer”;
(o) in Rule 27(7), for the word
“Committee” there shall be substituted the words “head of the
administration of the States for the purposes of which the officer is employed,
or, if the officer is the head, the Chief Executive Officer,”;
(p) in Rule 28(2), for the words “head of
the department or the Committee, as the case may be” there shall be
substituted the words “head of the administration of the States for the
purposes of which the officer is employed, or, if the officer is the head, the
Chief Executive Officer”;
(q) in Rule 28(3), for the words “head of
the department or the Committee, as the case may be” there shall be
substituted the words “head of the administration of the States for the
purposes of which the officer is employed, or, if the officer is the head, the
Chief Executive Officer”;
(r) Rule 28(5) shall be deleted;
(s) in Rule 28(7), for the word
“Committee” there shall be substituted the words “States
Employment Board”;
(t) in Rule 29(1), for the words
“Chief Officers” and “the Committee” there shall be
substituted the words “heads of administrations of the States” and
“the States Employment Board”, respectively;
(u) for Rule 30 there shall be substituted the
following clause –
This document may be cited as the States’ Employees General
Provisions.”;
(v) Schedules 1 and 2 shall be deleted;
(w) in the Rules, for the word “Rule”
there shall be substituted the word “clause”.
(3) Nothing in this Article shall be taken to
prevent or restrict the amendment of a document incorporated into a contract in
accordance with paragraph (1) if the amendment is made –
(a) by a competent tribunal or a court; or
(b) in accordance with the contract or with the
agreement, including by way of a collective agreement, of both parties to the
contract.
4 Certain
provisions of Prison Officers (Jersey) Regulations 1957 to remain part of
contract of employment
(1) If, in a contract of employment that was in
force immediately before the commencement day and that relates to the
employment of a person as an employee of the States or a Committee of the
States, there is a term to the effect that the employment or appointment of the
person is subject to the Prison Officers (Jersey) Regulations 1957 –
(a) the Prison Officers (Jersey) Regulations
1957, as in force immediately before the commencement day, shall, with the
modifications made in accordance with paragraph (2), be taken on and from the
commencement day to comprise a document forming part of the contract; and
(b) any reference in the contract to those
Regulations shall be taken to be a reference to that document.
(2) The Prison Officers (Jersey) Regulations
1957 shall be modified as follows –
(a) in Regulation 1 –
(i) the definition “Committee”
shall be deleted,
(ii) for the definition “staff”
there shall be substituted the following definition –
“ ‘staff’ means prison officers of the rank of
Deputy Governor, Senior Unit Manager, Unit Manager, Senior Officer, Officer
Support Grade or another rank determined by the Governor.”;
(b) Regulations 2, 3, 4, 8, 15, 18 and 24(1)
shall be deleted;
(c) in Regulation 20(4)(a), the words “,
in consultation with the Policy and Resources Committee” shall be
deleted;
(d) in Regulation 24(2), the words “in
conjunction with the Policy and Resources Committee” shall be deleted;
(e) in Regulation 25, the words “in
consultation with the Policy and Resources Committee” shall be deleted;
(f) Regulation 27 shall be deleted;
(g) Regulation 28 shall be deleted, if the
Regulations are to be taken under paragraph (1) to comprise a document
forming part of the contract of employment of a person who is a member of a
scheme established under the Public Employees (Retirement) (Jersey) Law 1967;[4]
(h) for Regulation 32 there shall be substituted
the following clause –
This document may be cited as the Prison Officers General
Provisions.”;
(i) Schedules 1 and 2 shall be deleted;
(j) in the Regulations, for the words
“the Committee” in each place where they appear there shall be
substituted the words “the States Employment Board”;
(k) in the Regulations, for the words
“these Regulations” and the word “Regulation”, there
shall be substituted the words “this document” and the word
“clause” respectively.
(3) Nothing in this Article shall be taken to prevent
or restrict the amendment of a document incorporated into a contract in
accordance with paragraph (1) if the amendment is made –
(a) by a competent tribunal or a court; or
(b) in accordance with the contract or with the
agreement, including by way of a collective agreement, of both parties to the
contract.
5 Director
of Education to be employed as Chief Officer of Education
(1) The
contract of employment in force immediately before the commencement day in
respect of the person who was, immediately before the commencement day, the
holder of the office of Director of Education under the Education (Jersey) Law
1999[5] shall be taken to specify
that the person is employed as the Chief Officer of the administration of the
States relating to education.
(2) Nothing
in this Article shall be taken to prevent or restrict the amendment of the
contract referred to in paragraph (1), if the amendment is made –
(a) by
a competent tribunal or a court; or
(b) in
accordance with the contract or with the agreement, including by way of a
collective agreement, of both parties to the contract.
6 Saving
of matters under Departments of the Judiciary and the Legislature (Jersey) Law
1965
(1) On
and from the commencement day –
(a) a
determination that was, on a particular date, made under Article 8 of the
Departments of the Judiciary and the Legislature (Jersey) Law 1965[6] in respect of the salaries
and allowances, pensions or gratuities of the holder of an office and that is a
determination that is still in force immediately before the commencement day,
shall be taken to be a determination made under that Law and on that particular
date by the States Employment Board;
(b) all
rights, powers, duties and liabilities under or in connection with the
determination shall be enforceable or exercisable as if the determination had
been originally made by the States Employment Board; and
(c) anything
done before the commencement day by or in relation to the Policy and Resources
Committee or otherwise on behalf of the States under or in respect of the
instrument or in respect of the holder of an office shall be taken to have been
done by or in relation to the States Employment Board at the time when it was
actually done.
(2) Nothing
in this Article prevents the States Employment Board from amending under the
Departments of the Judiciary and the Legislature (Jersey) Law 1965 a
determination referred to in this Article.
7 Saving
of rights relating to pensions
(1) The
repeal of the following enactments by virtue of the repeal of the Civil Service
Administration (Jersey) Law 1948[7] by Regulation 28 shall not
affect any entitlement to a pension or other payment, or any right, privilege,
obligation or duty, acquired, accrued or incurred by, a person immediately
before the commencement day under those enactments –
(a) the
Civil Service Administration (Allocation of Pension) (Jersey) Rules 1952;[8]
(b) the
Civil Service Administration (Pensions) (Interchange with United Kingdom Civil
Service) (Jersey) Rules 1956;[9]
(c) the
Pensionable Employments (Interchange with British Local Government) (Jersey)
Rules 1961;[10]
(d) the
Civil Service Administration (Pensions) (Jersey) Rules 1963;[11]
(e) the
Civil Service Administration (Pensions) (Amendment) (Jersey) Rules 1964;
(f) the
Civil Service Administration (Pensions) (Jersey) Rules 1963 (Amendment)
Order 1978.
(2) The
repeal, by Regulation 28 of these Regulations, of the Prison Officers (Jersey)
Regulations 1957[12] as in force immediately
before the commencement day shall not affect any entitlement to a pension or other
payment, or any right, privilege, obligation or duty, acquired, accrued or
incurred by, a person immediately before that day under the Prison Officers
(Jersey) Regulations 1957.
PART 3
CONSEQUENTIAL AMENDMENTS OF LAWS
8 Amendment
of Loi (1934) sur la santé publique
For Articles 10 and 11 of the Loi (1934) sur la santé
publique[13] there shall be substituted
the following Article –
Le
Ministre avec responsabilité pour la santé publique nommera un
Inspecteur Médical (‘Medical Officer of Health’) et un ou
plusieurs inspecteurs sanitaires dont les devoirs seront
déterminés par le Ministre.”.
9 Amendment
of Motor Traffic (Jersey) Law 1935
In Article 2 of the Motor Traffic (Jersey) Law 1935,[14] in paragraph (1), for the
words “officers within the meaning of the Civil Service Administration
(Jersey) Law 1948” there shall be substituted the words
“States’ employees within the meaning of Article 2 of the
Employment of States of Jersey Employees (Jersey) Law 2005”.
10 Amendment of
Harbour and Light Dues (Jersey) Law 1947
In Article 1(1) of the Harbour and Light Dues (Jersey) Law 1947,[15] for the definition
“Harbour Master” there shall be substituted the following
definition –
“ ‘Harbour
Master’ has the meaning it has in the Harbours (Administration) (Jersey)
Law 1961[16] and includes a person acting
under that Law as the Harbour Master and any person authorized to collect the
dues payable under this Law;”.
11 Amendment of
Public Health (Control of Building) (Jersey) Law 1956
In Article 10 of the Public Health (Control of Building) (Jersey)
Law 1956,[17] for paragraph (5) there
shall be substituted the following paragraph –
“(5) In this Article,
‘officer’ means a States’ employee within the meaning of Article 2
of the Employment of States of Jersey Employees (Jersey) Law 2005.”.
12 Amendment of Road
Traffic (Jersey) Law 1956
In Article 74 of the Road
Traffic (Jersey) Law 1956,[18] for paragraph (5) there shall be substituted the following
paragraph –
“(5) In
this Article, ‘traffic controller’ means –
(a) any
Police Officer or Traffic Officer; and
(b) any
States’ employee within the meaning of Article 2 of the Employment of
States of Jersey Employees (Jersey) Law 2005 who is designated
responsibility for the regulation of traffic on roads.”.
13 Amendment of
Income Tax (Jersey) Law 1961
For Article 5 of the Income Tax (Jersey) Law 1961[19] there shall be substituted
the following Article –
“5 Interpretation
of Part 3
In this Part,
‘officer’ means a States’ employee within the meaning of Article 2
of the Employment of States of Jersey Employees (Jersey) Law 2005.”.
14 Amendment of
Slaughter of Animals (Jersey) Law 1962
In Article 2 of the Slaughter of Animals (Jersey) Law 1962,[20] in paragraph (1), for
the words “An officer within the meaning of the Civil Service
Administration (Jersey) Law 1948” there shall be substituted the words
“A States’ employee within the meaning of Article 2 of the
Employment of States of Jersey Employees (Jersey) Law 2005”.
15 Amendment of Food
Safety (Jersey) Law 1966
In Article 1 of the Food Safety (Jersey) Law 1966,[21] in paragraph (1), for
the definition “officer” there shall be substituted the following
definition –
“ ‘officer’
means a States’ employee within the meaning of Article 2 of the
Employment of States of Jersey Employees (Jersey) Law 2005;”.
16 Amendment of
Public Employees (Retirement) (Jersey) Law 1967
In Article 1 of the Public Employees (Retirement) (Jersey) Law 1967[22] –
(a) in
paragraph (1), in the definition “contributory member”, after
the word “States” there shall be inserted the words “or the
States Employment Board”;
(b) in
paragraph (1) after the definition “scheme” there shall be
inserted the following definition –
“ ‘States
Employment Board’ means the States Employment Board established by the
Employment of States of Jersey Employees (Jersey) Law 2005;”;
(c) in
paragraph (2) for the word “States” there shall be substituted
the words “States Employment Board”.
17 Amendment of
Weights and Measures (Jersey) Law 1967
In Article 2 of the Weights and Measures (Jersey) Law 1967,[23] in paragraph (1), for
the words “officers within the meaning of the Civil Service
Administration (Jersey) Law 1953” there shall be substituted the words
“States’ employees within the meaning of Article 2 of the
Employment of States of Jersey Employees (Jersey) Law 2005”.
18 Amendment of
Health Insurance (Jersey) Law 1967
In Article 1 of the Health Insurance (Jersey) Law 1967,[24] in paragraph (1), for
the definition “officer” there shall be substituted the following
definition –
“ ‘officer’
means a States’ employee within the meaning of Article 2 of the
Employment of States of Jersey Employees (Jersey) Law 2005;”.
19 Amendment of
Police Force (Jersey) Law 1974
(1) In
this Regulation, any reference to a provision is a reference to the provision
in the Police Force (Jersey) Law 1974.[25]
(2) In
Article 1 –
(a) in
the definition “prescribed” for the word “Order.” there
shall be substituted the word “Order;”;
(b) at
the end there shall be added the following definition –
“States Employment
Board” has the meaning assigned by Article 1 of the Employment of States
of Jersey Employees (Jersey) Law 2005.”.
(3) In
Article 8 for paragraph (2) there shall be substituted the following
paragraphs –
“(2) The Minister shall determine
the ranks in the Force and the number of persons of each rank which is to
constitute the establishment of the Force.
(2A) The States Employment Board shall under this paragraph
determine the pay, conditions and gratuities of the members of the Force, other
than the Chief Officer and the Deputy Chief Officer.”.
(4) In
Article 9 –
(a) in
paragraph (1) for the words “service as the Committee” there
shall be substituted the words “service as the States Employment
Board”;
(b) in
paragraphs (2) and (3) for the word “Committee” there shall be
substituted the word “Minister”;
(c) in
paragraph (5) –
(i) for the words
“appointed by the Committee” there shall be substituted the words
“appointed by the Minister”,
(ii) for the words
“service as the Committee” there shall be substituted the words
“service as the States Employment Board”.
(5) In
Article 12 –
(a) for
the definition “Airport Director” there shall be substituted the
following definition –
“ ‘Airport
Director’ has the meaning it has in the Aerodromes (Administration)
(Jersey) Law 1952[26] and includes a person
appointed to act as a Deputy Airport Director under Article 2(4) of that
Law;”;
(b) for
the definition “Harbour Master” there shall be substituted the
following definition –
“ ‘Harbour
Master’ has the meaning it has in the Harbours (Administration) (Jersey)
Law 1961 and includes a person acting under that Law as the Harbour
Master.”.
(6) For
Articles 14(2) and (3) there shall be substituted the following
paragraphs –
“(2) The Minister shall determine
the number of persons which is to constitute the establishment of the Unit.
(3) The Minister may determine a rank structure
for the Unit and the number of persons in each rank.
(3A) The States Employment Board shall determine the scale of
pay for each rank and the conditions of members of the Unit.”.
(7) In
Schedule 2 –
(a) for
paragraph 1(1) there shall be substituted the following
sub-paragraphs –
“(1) The Board consists of an
Official Side and a Staff Side.
(1A) The Official Side shall consist of 4 members of
whom –
(a) 2
shall be appointed by the Minister; and
(b) 2
shall be appointed by the States Employment Board.
(1B) The Staff Side shall consist of 4 members appointed
by the States of Jersey Police Association (the ‘Association’) from
among the members of the Association.”;
(b) in
paragraph 1(3) and (5) for the words “of a new Committee”
there shall be substituted the words “of a new Council of
Ministers”;
(c) for
paragraph 4(9) there shall be substituted the following
paragraph –
“(9) The States Employment Board
shall consider the recommendation of the Board and determine, where
appropriate, any variation in the appropriate scales of pay or other terms and
conditions of service.”;
(d) in
each place where it occurs, for the word “Committee” there shall be
substituted the words “States Employment Board”.
20 Amendment
of Pilotage (Jersey) Law 1988
In Article 1(1) of the Pilotage (Jersey) Law 1988[27] for the definition
“Harbour Master” there shall be substituted the following
definition –
“ ‘Harbour
Master’ has the meaning it has in the Harbours (Administration) (Jersey)
Law 1961 and includes a person acting under that Law as the Harbour
Master;”.
21 Interception of
Communications (Jersey) Law 1993
In the Interception of
Communications (Jersey) Law 1993[28] –
(a) in Article 9 for paragraph (3)(a)
there shall be substituted the following paragraph –
“(a) every
person holding office in Jersey under the Crown or who is appointed to an
office by the States or who is a States’ employee within the meaning of
Article 2 of the Employment of States of Jersey Employees (Jersey) Law 2005;”;
(b) in
Article 10(1)(a) for clause (i) there shall be substituted the
following clause –
“(i) every
person holding office in Jersey under the Crown or who is appointed to an
office by the States or who is a States’ employee within the meaning of Article 2
of the Employment of States of Jersey Employees (Jersey) Law 2005;”.
22 Amendment
of Customs and Excise (Jersey) Law 1999
In Article 4 of the Customs and Excise (Jersey) Law 1999,[29] in paragraph (1), for
the words “officers within the meaning of the Civil Service
Administration (Jersey) Law 1953” there shall be substituted the words
“States’ employees within the meaning of Article 2 of the
Employment of States of Jersey Employees (Jersey) Law 2005”.
23 Amendment of
Trade Marks (Jersey) Law 2000
In Article 2 of the Trade Marks (Jersey) Law 2000,[30] for paragraph (4) there
shall be substituted the following paragraph –
“(4) In paragraph (3),
‘officer’ means a States’ employee within the meaning of
Article 2 of the Employment of States of Jersey Employees (Jersey) Law
2005.”.
24 Amendment of
Electronic Communications (Jersey) Law 2000
In Article 1(1) of the Electronic
Communications (Jersey) Law 2000,[31] in the definition “States entity”, for paragraphs (a)
and (b) there shall be substituted the following paragraphs –
“(a) an
administration of the States;
(b) an
officer of the States or a States’ employee within the meaning of Article 2
of the Employment of States of Jersey Employees (Jersey) Law 2005;”.
25 Amendment of Public
Records (Jersey) Law 2002
In Article 5(1)(g)(iii) of the Public Records (Jersey) Law 2002[32] for the words “a
Committee of the States” there shall be substituted the words “the
States Employment Board”.
26 Amendment
of Employment (Jersey) Law 2003
In Article 96(1) of the
Employment (Jersey) Law 2003,[33] in sub-paragraph (a), for the words “officers within the
meaning of the Civil Service Administration (Jersey) Law 1953” there shall be substituted the words “States’ employees
within the meaning of Article 2 of the Employment of States of Jersey
Employees (Jersey) Law 2005”.
27 Amendment of
Public Finances (Jersey) Law 2005
In Article 29 of the
Public Finances (Jersey) Law 2005,[34] for paragraph (2) there shall be substituted the following
paragraph –
“(2) Before
appointing a person to the office of Treasurer the Minister must take into
account the views and recommendations, if any, of the Appointments Commission
established under the Employment of States of Jersey Employees (Jersey) Law 2005
in relation to the appointment of the Treasurer.”.
PART
4
REPEAL
AND AMENDMENT OF REGULATIONS AND ORDERS
28 Repeal
of enactments
The enactments referred to
in the Schedule shall be repealed.
29 Amendment of
Public Employees (Contributory Retirement Scheme) (Jersey) Regulations 1967
In Regulation 1(1) of the Public Employees (Contributory
Retirement Scheme) (Jersey) Regulations 1967,[35] in the definition
“employer”, for paragraph (a) there shall be substituted the
following paragraph –
“(a) the States Employment Board
within the meaning of the Employment of States of Jersey Employees (Jersey) Law
2005, in respect of the States or any administration of the States; or”.
30 Amendment of
Public Health (Aircraft) (Jersey) Order 1971
In the Public Health (Aircraft) (Jersey) Order 1971,[36] in Article 1(1) –
(a) for
the definitions “Airport Director” and “airport
officer” there shall be substituted the following
definitions –
“ ‘Airport
Director’ has the meaning it has in the Aerodromes (Administration)
(Jersey) Law 1952;[37]
‘airport officer’
means the Airport Director or any other person appointed under Article 2(4)
of the Aerodromes (Administration) (Jersey) Law 1952;”;
(b) for
the definition “medical officer” there shall be substituted the
following definition –
“ ‘medical
officer’ means the Medical Officer of Health (Inspecteur
Médical) within the meaning of Article 10 of the Loi (1934) sur
la Santé Publique, or a duly qualified medical practitioner acting under
the Medical Officer’s direction for the purposes of executing this Order
or any of its provisions;”.
31 Amendment of
Police Force (General Provisions) (Jersey) Order 1974
In the Police Force (General Provisions) (Jersey) Order 1974[38] –
(a) in
Article 6(6) for the words “Committee, in consultation with the
Policy and Resources Committee” there shall be substituted the words
“States Employment Board”;
(b) in
Article 6(8)(b) for the words “Committee, in consultation with the
Policy and Resources Committee” there shall be substituted the words
“States Employment Board,”.
32 Amendment
of Public Health (Ships) (Jersey) Order 1971
In the Public Health (Ships) (Jersey) Order 1971,[39] in Article 1(1), for
the definition “harbour master” there shall be substituted the
following definition –
“ ‘harbour
master’ means the Harbour Master within the meaning of the Harbours
(Administration) (Jersey) Law 1961 and includes a person acting under that Law
as the Harbour Master;”.
33 Amendment of Port
Control Unit (General Provisions) (Jersey) Order 1983
In the Port Control Unit (General Provisions) (Jersey) Order 1983[40] –
(a) in
Article 3(6) for the words “Committee, in consultation with the
Policy and Resources Committee” there shall be substituted the words
“States Employment Board”;
(b) in
Article 3(7)(b) of for the words “Committee, in consultation with
the Policy and Resources Committee,” there shall be substituted the words
“States Employment Board”.
34 Amendment
of Pilotage (General Provisions) (Jersey) Regulations 1988
In Regulation 3(1)(b) of the Pilotage (General Provisions)
(Jersey) Regulations 1988,[41] for the words “one of
the officers appointed pursuant to Article 2(2) of the Harbours
(Administration) (Jersey) Law 1961, who is the holder of a licence of the
first or third category;” there shall be substituted the words “a
Deputy Harbour Master within the meaning of the Harbours (Administration)
(Jersey) Law 1961 who is the holder of a licence of the first or third
category;”.
35 Amendment of
Misuse of Drugs (General Provisions) (Jersey) Order 1989
In Article 21 of the Misuse of Drugs
(General Provisions) (Jersey) Order 1989,[42] for paragraph (2) there shall be substituted the following
paragraph –
“(2) Paragraph
(1) shall not apply to a doctor or therapist employed by the States Employment
Board within the meaning of the Employment of States of Jersey Employees
(Jersey) Law 2005 who in the course of his or her employment prescribes a
specified drug which is to be dispensed at the pharmaceutical department of the
general hospital.”.
36 Amendment of
Public Employees (Contributory Retirement Scheme) (General) (Jersey)
Regulations 1989
In the Public Employees (Contributory Retirement Scheme) (General)
(Jersey) Regulations 1989[43] –
(a) in
Regulation 1, in the definition “employer”, for paragraph (a)
there shall be substituted the following paragraph –
“(a) the States Employment Board
within the meaning of the Employment of States of Jersey Employees (Jersey) Law
2005, in respect of the States or any administration of the States;”;
(b) in
Regulation 9(4), for the word “States” there shall be
substituted the words “States or the States Employment Board”.
37 Amendment of
Public Employees (Contributory Retirement Scheme) (Existing Members) (Jersey)
Regulations 1989
In Regulation 1 of the Public Employees (Contributory
Retirement Scheme) (Existing Members) (Jersey) Regulations 1989,[44] in the definition
“employer”, for paragraph (a) there shall be substituted the
following paragraph –
“(a) the States Employment Board
within the meaning of the Employment of States of Jersey Employees (Jersey) Law
2005, in respect of the States or any administration of the States;”.
38 Public Employees
(Contributory Retirement Scheme) (New Members) (Jersey) Regulations 1989
In Regulation 1 of the
Public Employees (Contributory Retirement Scheme) (New Members) (Jersey)
Regulations 1989,[45] in the definition “employer”, for paragraph (a) there
shall be substituted the following paragraph –
“(a) the
States Employment Board within the meaning of the Employment of States of
Jersey Employees (Jersey) Law 2005, in respect of the States or any administration
of the States;”.
39 Amendment of
Public Employees (Contributory Retirement Scheme) (Former Hospital Scheme)
(Jersey) Regulations 1992
In Regulation 1 of the Public
Employees (Contributory Retirement Scheme) (Former Hospital Scheme) (Jersey) Regulations
1992[46] –
(a) in the definition “employer”,
for paragraph (a) there shall be substituted the following
paragraph –
“(a) the
States Employment Board within the meaning of the Employment of States of
Jersey Employees (Jersey) Law 2005;”;
(b) in the definition
“part-time” for the words “Policy and Resources
Committee” there shall be substituted the words “States Employment
Board”.
40 Amendment
of Road Traffic (Lighting) (Jersey) Order 1998
In Article 1(1) of the Road Traffic (Lighting) (Jersey) Order 1998[47] –
(a) for
the definition “Airport Director” there shall be substituted the
following definition –
“ ‘Airport
Director’ has the meaning it has in the Aerodromes (Administration)
(Jersey) Law 1952[48] and includes a person
appointed to act as the Airport Director under Article 2(4) of that
Law;”;
(b) for
the definition “Harbour Master” there shall be substituted the
following definition –
“ ‘Harbour
Master’ means the Harbour Master within the meaning of the Harbours
(Administration) (Jersey) Law 1961 and includes a person acting under that Law
as the Harbour Master;”.
41 Amendment of
Education (Discretionary Grants) (Jersey) Order 2001
In Article 17(2) of the Education (Discretionary Grants)
(Jersey) Order 2001,[49] for sub-paragraph (a)
there shall be substituted the following sub-paragraph –
“(a) subject to paragraph (3),
the head of the administration of the States relating to education or another
employee within the meaning of the Employment of States of Jersey Employees
(Jersey) Law 2005 nominated by the head;”.
42 Amendment of
Police Procedures and Criminal Evidence (Testing for Class A Drugs)
(Jersey) Order 2004
In the Police Procedures and Criminal Evidence (Testing for
Class A Drugs) (Jersey) Order 2004,[50] in Article 2, for
paragraph (b) there shall be substituted the following paragraph –
“(b) any States’ employee
within the meaning of Article 2 of the Employment of States of Jersey
Employees (Jersey) Law 2005 whose contractual duties are to provide
professional or technical support to the Force and include the taking of
samples pursuant to the aforementioned Article 59;”.
43 Amendment
of Postal Services (Jersey) Law 2004
In the Postal Services (Jersey) Law 2004,[51] in Article 31(5), for
sub-paragraph (b) there shall be substituted the following sub-paragraph –
“(b) a person employed by the
States Employment Board within the meaning of the Employment of States of Jersey
Employees (Jersey) Law 2005, but engaged in the performance of the functions of
the Minister for Economic Development under the Post Office (Jersey) Law 1969;[52] or”.
44 Amendment
of Public Employees (Retirement) (Additional Contributions –
Amendments) (Jersey) Regulations 2005
In Regulation 5 of the Public Employees (Retirement)
(Additional Contributions – Amendments) (Jersey) Regulations 2005,[53] in proposed Regulation 4A
of the Public Employees (Contributory Retirement Scheme) (General) (Jersey)
Regulations 1989[54] –
(a) for
the words “Chief Minister”, in each place where they appear, there
shall be substituted the words “States Employment Board”;
(b) for
the words “his or her”, in each place where they appear, there
shall be substituted the word “its”.
PART 5
AMENDMENTS TO STATES OF JERSEY
(AMENDMENTS AND CONSTRUCTION PROVISIONS) rEGULATIONS
45 Amendment
of States of Jersey (Amendments and Construction Provisions No. 1)
(Jersey) Regulations 2005
In the States of Jersey (Amendments and Construction Provisions No. 1)
(Jersey) Regulations 2005[55] the following provisions
shall be deleted –
(a) Regulation
1;
(b) Regulation
2;
(c) the
Schedule, paragraphs 1 to 9 (inclusive), 10(9)(a), (8)(a), 12(4)(a), 13(5)(a)
and 14(3)(a).
46 Amendment
of States of Jersey (Amendments and Construction Provisions No. 4)
(Jersey) Regulations 2005
In the States of Jersey (Amendments and Construction Provisions
No. 4) (Jersey) Regulations 2005,[56] in Regulation 39(11) the
words “31(5)(b),” shall be deleted.
47 Amendment
of States of Jersey (Amendments and Construction Provisions No. 6)
(Jersey) Regulations 2005
In the States of Jersey (Amendments and Construction Provisions
No. 6) (Jersey) Regulations 2005,[57] the following provisions
shall be deleted –
(a) Regulation
1(22) and (28)(aj);
(b) Regulation
2(3);
(c) the
Schedule, paragraph 2(4).
48 Amendment
of States of Jersey (Amendments and Construction Provisions No. 7) (Jersey)
Regulations 2005
In the States of Jersey (Amendments and Construction Provisions
No. 7) (Jersey) Regulations 2005[58] the following provisions
shall be deleted –
(a) Regulation
16;
(b) Regulation
17(10)(d);
(c) Regulation
18;
(d) Regulation
22;
(e) Regulation
23(6)(d) and (j);
(f) Schedule
2, paragraphs 5, 6, 11 and 17.
49 Amendment
of States of Jersey (Amendments and Construction Provisions No. 10)
(Jersey) Regulations 2005
In the States of Jersey (Amendments and Construction Provisions
No. 10) (Jersey) Regulations 2005[59] the following provisions
shall be deleted –
(a) Regulation
2(3) and (4);
(b) Regulation
5(3)(a).
PART 6
Amendment of law
50 Amendment
of Law
(1) In
this Regulation, any reference to a provision is a reference to the provision
in the Law.
(2) In
Article 1 –
(a) in
the definition “administration of the States” for paragraph (b)
there shall be substituted the following paragraph and words –
“(b) a body, office, or unit of
administration, established on behalf of the States (including under an
enactment),
the employees of which are
employed by the States Employment Board;”;
(b) for
the definition “independent body” there shall be substituted the
following definition –
“ ‘independent
body’ means an office, or a Tribunal, Commission, trust, fund, council,
panel, committee, or other body of persons (apart from the States Employment
Board) –
(a) that is an office or body established or
maintained by or on behalf of the States; and
(b) that is an office or body –
(i) which
employs persons under contracts of employment, or
(ii) in
relation to which persons are appointed, or elected, on terms and conditions
that are determined otherwise than in a contract of employment (whether or not
other persons also hold the office, or are also appointed or elected to the
body, under terms and conditions that are determined in a contract of
employment);”;
(c) in
the definition “recruitment” –
(i) for
the word “employment” in each case where it appears there shall be
substituted the words “employment or appointment”,
(ii) in
paragraph (d) for the word “employed” there shall be substituted
the words “employed or appointed”.
(3) In
Article 14 for the definition “States’ employee” there
shall be substituted the following definitions –
“ ‘States’
appointee’ means a person prescribed or determined under Article 15(3) or
(4) to be a States’ appointee for the purposes of this Part;
‘States’
employee means a person prescribed or determined under Article 15(1) or (2) to
be a States’ employee for the purposes of this Part;”.
(4) In
Article 15 –
(a) for
the words “The States” there shall be substituted the words
“(1) The States”;
(b) at
the end there shall be added the following paragraphs –
“(2) The Commission may, by
instrument in writing, determine to be States’ employees for the purposes
of this Part (in addition to the holders of offices or classes, if any,
prescribed under paragraph (1)) the holders from time to time of offices,
or classes of offices, that are specified in the instrument, who are employed
by independent bodies and who would not otherwise be States’ employees
for the purposes of this Part.
(3) The States may, by Regulation, prescribe to
be States’ appointees for the purposes of this Part the holders from time
to time of prescribed offices, or prescribed classes of offices, who are
appointed or elected to, or hold office with, independent bodies.
(4) The Commission may, by instrument in
writing, determine to be States’ appointees for the purposes of this Part
(in addition to the holders of offices or classes, if any, prescribed under
paragraph (3)) the holders from time to time of offices, or classes of
offices, that are specified in the instrument and who are appointed or elected
to, or hold office with, independent bodies.”.
(5) In
Article 16 after the words “States’ employees” in each
place where they appear there shall be inserted the words “or
States’ appointees”.
(6) In
Article 18(6) for all the words after “if he or she is” there
shall be substituted the words “a member of the States or a States’
employee.”.
(7) In
Article 19 –
(a) in
paragraph (2)(c) at the end there shall be added the words “or
States’ appointees”;
(b) in
paragraph (4) for all the words after “if he or she becomes”
there shall be substituted the words “a member of the States or a States’
employee.”.
(8) In
Articles 23 and 24 after the words “States’ employees”, in
each place where they appear, there shall be inserted the words “or
States’ appointees”.
(9) In
Article 25 –
(a) in
paragraph (1)(b) after the words “States’ employees”
there shall be inserted the words “, or States’ appointees,”;
(b) in
paragraph (3) for the words “a States’ employee” there
shall be substituted the words “, States’ employees,”;
(c) in
paragraph (4) after the words “States’ employees” there
shall be inserted the words “, or States’ appointees,”.
(10) In
Article 26 –
(a) for
the words “employed as”, in each place where they appear, there
shall be substituted the words “employed or appointed as”;
(b) in
paragraph (5)(b) for the word “employment” there shall be substituted
the words “employment or appointment”.
(11) In
Article 27(1)(a) after the words “States’ employee”
there shall be inserted the words “or States’ appointee”.
PART 7
CONCLUDING PROVISION
51 Citation and
commencement
(1) These
Regulations may be cited as the Employment of States of Jersey Employees
(Consequential, Amendment, Repeal, Transitional and Savings Provisions)
(Jersey) Regulations 2005.
(2) These
Regulations shall come into force on the commencement day.
a.h. harris
Deputy Greffier of the States.