SCHEDULE 1
(Article 3(2))
CONSTITUTION
TABLE OF PROVISIONS
1. Interpretation
2. Incorporation
3. Objects
4. Powers
of Commission
5. Membership
of Commission
6. Vacancy
in office of Commissioner
7. Filling
of vacancies in office of Commissioner
8. Proceedings
of Commission
9. Expenses
of Commissioners
10. Appointment
and remuneration of staff and agents
11. Accounts
12. Accountability
to States of Jersey
____________________________
1 Interpretation
1.1. In this Constitution, unless the
context otherwise requires –
“Commission” means the Jersey Overseas Aid Commission;
“Commissioner” includes the Chairman of the Commission;
“Law”
means the Jersey Overseas Aid Commission (Jersey) Law 2005;
“overseeing
authority” means the Minister for Treasury and Resources or another person, or a body, designated from
time to time by the States.
2 Incorporation
2.1 The
Jersey Overseas Aid Commission is incorporated by the Jersey Overseas Aid
Commission (Jersey) Law 2005.
3 Objects
3.1 The
objects of the Commission are to manage and administer the monies voted by the
States of Jersey for overseas aid, so as to enable humanitarian aid to be
provided overseas for the purposes of –
(a) assisting
in the reduction of poverty;
(b) providing
medical and health care and education;
(c) providing
effective education and training;
(d) providing
safe drinking water and food; and
(e) assisting
in emergency and disaster needs, including the subsequent restoration of
facilities,
and
other purposes, relating to the provision of humanitarian aid overseas, that
the Commission may from time to time consider appropriate.
4 Powers
of Commission
4.1 The Commission shall have
the following powers –
(a) to
have and to use a special seal to certify all acts, contracts, agreements and
undertakings;
(b) to
take, acquire, hold and possess all kinds of movable and immovable property,
whether in perpetuity or on lease, to receive, hold and possess all kinds of
gifts and legacies of movable and immovable property which may be made to it
and to lease, sell or otherwise dispose of such property;
(c) to
borrow the amounts that it may from time to time consider necessary or
desirable, provided that –
(i) the
Commission shall not, without
the prior written consent of the overseeing authority, borrow an amount which
will cause the total debt of the Commission to be more than £5,000, and
(ii) the
Commission shall not, without the prior written consent of the Treasurer of the
States, borrow an amount which will cause the total debt of the Commission to
be more than £500; and
(d) all
other powers necessary to achieve its objects.
5 Membership
of Commission
5.1 The
Commission shall consist of –
(a) a
Chairman;
(b) 2
States Commissioners; and
(c) 3
Non-States Commissioners.
5.2 A
person shall not be appointed as –
(a) the
Chairman or a States Commissioner unless he or she is an elected member of the
States; or
(b) a
Non-States Commissioner unless he or she is not an elected member of the States.
5.3 A
person shall not be appointed as a Commissioner if –
(a) he
or she is an employee or agent of the Commission; or
(b) he
or she holds an honorary office with the Commission.
5.4 For
the duration of his or her appointment each Commissioner shall be an officer of
the Commission.
5.5 A
person who has been a Commissioner is eligible for reappointment as a
Commissioner.
5.6 The
Commissioners shall appoint a Vice-Chairman from amongst their number.
6 Vacancy
in office of Commissioner
6.A1 Clauses
6.1 and 6.4 do not apply to the expiration of the Chairman’s term of
office.[2]
6.1 Subject
to paragraph 2 of Part 1 of Schedule 2 of the Law and this
clause, the term of office of the Chairman and the States Commissioners shall
expire on the day on which the States are reconstituted after the next ordinary
elections for Deputies following the appointment of the Chairman and the States
Commissioners.
6.2 [3]
6.3 A
Commissioner, other than the Chairman, may resign by giving notice in writing
to the Chairman or to another person whom the Commission may from time to time
designate to receive notices of resignation.
6.4 A Commissioner shall cease
to hold office if –
(a) he
or she becomes bankrupt;
(b) under
Part 4 of the Capacity
and Self-Determination (Jersey) Law 2016, a delegate is
appointed in relation to his or her property and affairs;
(c) the
Commissioner appoints an attorney without whom the Commissioner may not act in
matters real and personal;
(d) he
or she is sentenced to a term of imprisonment by a court of competent
jurisdiction;
(e) he
or she ceases to be ordinarily resident in Jersey;
(f) if
he or she becomes an employee or agent of the Commission or becomes the holder
of an honorary office with the Commission;
(g) in
the case of a States Commissioner or the Chairman – he or she ceases
to be an elected member of the States; or
(h) in
the case of a Non-States Commissioner – he or she becomes a member
of the States.[4]
7 Filling
of vacancies in office of Commissioner
7.1 If
the office of Chairman becomes vacant the States shall by ballot appoint to be
the Chairman an elected member of the States.
7.2 If
the office of a States Commissioner becomes vacant the States shall, on the recommendation of the Chairman, appoint a person as
a States Commissioner.
7.3 If
the office of a Non-States Commissioner becomes vacant, the Commission shall
cause to be published in the Jersey Gazette a notice stating that the office
has become vacant and inviting persons to nominate themselves for appointment
to the office.
7.4 If
the office of a Non-States Commissioner becomes vacant because the term of the
office has expired, the States shall, on the recommendation of the Chairman,
appoint as a Non-States Commissioner a person who has nominated himself or
herself for appointment to the office.
7.5 A
Commissioner appointed under clause 7.4 holds office for a period of
3 years on and from the date of his or her appointment.
7.6 If
the office of a Non-States Commissioner becomes vacant otherwise than because
the term of the office has expired, the States shall, on the recommendation
of the Chairman, appoint as a Non-States Commissioner a person who has
nominated himself or herself for appointment to the office.
7.7 The
States is not required to (but may choose to) appoint a Non-States Commissioner
under clause 7.6 if the balance of the period of the term of office of the
person who last vacated the office is less than 8 weeks.
7.8 A
Commissioner appointed under clause 7.6 holds office, on and from the date
of his or her appointment, for the balance of the period of the term of office of
the person who last vacated the office.
7.9 In
making recommendations for appointment to the office of Commissioner the Chairman
shall use his or her best endeavours to ensure that the Commissioners shall be
a diverse and balanced group of people in terms of gender, age, experience and
skills, who share a commitment to the promotion of the objects of the
Commission.
8 Proceedings
of Commission
8.1 At a meeting of the
Commission –
(a) 4 Commissioners shall form
a quorum;
(b) the
Chairman, or, in the absence of the Chairman, the Vice-Chairman, or in the
absence of both the Chairman and the Vice-Chairman, another Commissioner who is
present at the meeting and is elected by the Commissioners present, shall
preside;
(c) each
Commissioner shall have one vote on each matter for deliberation; and
(d) if
the votes on a matter are equal, the person presiding over the meeting in
accordance with sub-clause (b) shall have a casting vote in addition to
his or her own vote.
8.2 A
resolution shall be a valid resolution of the Commission, even though it was
not passed at a meeting of the Commission, if –
(a) it
is signed or assented to by a majority of the Commissioners; and
(b) proper
notice of the proposed resolution was given to all the Commissioners.
8.3 The
Commission shall keep proper minutes of its proceedings, including minutes of
any business transacted in accordance with paragraph 8.2.
8.4 The
Commission shall meet not less than once every 3 months and otherwise as
convened by the Chairman.
8.5 The
Chairman –
(a) may
convene a meeting of the Commission of his or her own motion; and
(b) shall
convene a meeting of the Commission if requested to do so by notice in writing
signed by not less than one third of the Commissioners (or the nearest number
to that number, if the number of Commissioners at the material time is not divisible
by 3).
8.6 Subject
to this Constitution, the Commission may regulate its own proceedings (including
the period of notice, which shall not be less than 24 hours, to be given
of any meeting of the Commission) and may adopt, alter, amend or vary rules for
that purpose.
9 Expenses
of Commissioners
9.1 Commissioners
may be reimbursed for all reasonable out-of-pocket or other expenses occasioned
in the course of carrying out their duties.
9.2 Except
in accordance with clause 9.1, a Commissioner shall not be remunerated.
10 Appointment
and remuneration of staff, agents and honorary officers
10.1 The
Commission may employ the persons, and appoint the agents and honorary
officers, that it considers necessary for carrying out its objects.
10.2 The
Commission may make the arrangements it thinks fit concerning the remuneration,
expenses, pensions and other conditions of the employees, agents and honorary
officers of the Commission.
11 Accounts
11.1 The
Commission shall keep accounts in a form that is acceptable to the overseeing
authority.
12 Accountability
to States of Jersey
12.1 The
Chairman shall present annually to the States –
(a) a
report of the activities of the Commission during the previous year; and
(b) the
audited accounts for the previous year.
SCHEDULE 2
(Articles 4 and 5)
TRANSITIONAL PROVISIONS
PART
1 – COMMENCEMENT OF COMMISSION MEMBERSHIP
1 Interpretation
In this Schedule –
“authorized revenue
expenditure” has the meaning it has in the Public Finances
(Administration) (Jersey) Law 1967;
“Committee’s
functions” means the functions of the Overseas Aid Committee in so far as
those functions are, on the commencement day, objects of the Commission that
are specified in the Constitution;
“liabilities”
means any liabilities, debts, or obligations, whether present or future and
whether vested or contingent;
“rights” means
any rights, powers, privileges, or immunities, whether present or future and
whether vested or contingent.
2 Establishment of initial
membership of Commission
(1) The
Greffier of the States shall cause to be published in the Jersey Gazette a
notice stating that the offices of Non-States Commissioners under the
Constitution are required to be filled and inviting persons to nominate
themselves for appointment to those offices.
(2) The
States shall, by ballot, appoint an elected member of the States to be the
Chairman Designate of the Commission on and from the date of the appointment
until the commencement day.
(3) The
States shall, on the recommendation of the Chairman Designate of the
Commission –
(a) appoint
to be States Commissioners for the purposes of the Constitution 2 elected
members of the States; and
(b) appoint
to be Non-States Commissioners for the purposes of the Constitution
3 persons who are not members of the States and who have nominated
themselves for appointment to the office of Non-States Commissioner.
(4) A person shall not be appointed under
sub-paragraph (2) or (3) as the Chairman Designate of the Commission or a
Commissioner if at the time of the appointment he or she is an employee or
agent of, or holds an honorary office with, the Overseas Aid Committee.
(5) The
States shall appoint under sub-paragraph (3)(b) one of the Non-States
Commissioners for a period of 3 years, one for a period of 2 years
and one for a period of one year.
(6) In
making recommendations for the appointment of Commissioners the Chairman
Designate shall use his or her best endeavours to ensure that the Commissioners
shall be a diverse and balanced group of people in terms of gender, age,
experience and skills, who share a commitment to the promotion of the objects
of the Commission.
(7) On
and from the commencement day, the Chairman Designate shall become the Chairman
of the Commission for the purposes of the Constitution.
(8) The
Chairman, and each States Commissioner, who is appointed under this paragraph,
shall hold office on and from the commencement day until the date on which the
States are first reconstituted after the first ordinary elections for Deputies
that are held after the 2005 elections for Deputies, unless his or her
office becomes vacant earlier under the Constitution.
(9) A
person appointed to be a Non-States Commissioner under sub-paragraph (3)
shall hold office on and from the commencement day for the period specified by
the States under sub-paragraph (5) as his or her period of appointment.
PART 2 – TRANSFER
OF COMMITTEE’S FUNCTIONS
3 Construction
and transitional provisions
(1) In
an enactment, a reference to the Overseas Aid Committee in relation to the Committee’s
functions shall be construed as a reference to the Commission.
(2) In
the construction of, and for the purposes of, any enactment, judgment, award,
contract, certificate or other document passed or made before the commencement
day, anything that is, or is to be construed as, a reference to the Overseas
Aid Committee or its officers and relates to the Committee’s functions
shall be construed as a reference to the Commission or its officers.
(3) Nothing
in this Law shall prejudice the operation of any appointment, determination,
direction, instruction, approval, consent, requirement, authorization or other
thing made, given or done by the Overseas Aid Committee in relation to the
Committee’s functions before the commencement day.
(4) A
matter referred to in sub-paragraph (3) shall, if it is in force immediately
before the commencement day, continue in force after the commencement day to
the like extent and subject to the like provisions as if it had been duly made,
given or done by the Commission.
(5) The
rights and liabilities enjoyed or incurred by the Overseas Aid Committee in
connection with the Committee’s functions before the commencement day
shall, after the commencement day, by virtue of this Schedule become the rights
and liabilities of the Commission.
(6) The
operation of sub-paragraph (5) 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.
(7) For
the purposes of sub-paragraph (6), to the extent that a contract, or other
instrument, which creates or passes a right or liability of the Overseas Aid
Committee specifies that it is incapable of transfer or assignment, the
contract or instrument shall be of no effect.
(8) Anything
that is, before the commencement day, commenced by or under the authority of
the Overseas Aid Committee may, so far as it relates to the Committee’s functions,
or its rights or liabilities in relation to the Committee’s functions, be
carried on and completed by or under the authority of the Commission on or
after the commencement day.
(9) The
amount, if any, of the authorized revenue expenditure of the Overseas Aid
Committee in relation to the Committee’s functions that has not, on the
commencement day, been expended by the Committee, shall be transferred to the
Commission on the commencement day.
(10) If
any legal proceeding to which the Overseas Aid Committee is a party is pending on
the commencement day and relates to the Committee’s functions, or to the
Committee’s rights or liabilities in relation to the Committee’s
functions, the Commission shall be substituted in the proceeding for the
Overseas Aid Committee and the proceeding shall not abate by reason of the
substitution.