Procureurs du Bien Public
(Terms of Office) (Jersey) Law 2013
A LAW to make provision as to the terms of office of Procureurs du Bien
Public; and for related matters
Commencement [see endnotes]
1 Interpretation
In
this Law, “Procureur” means Procureur du Bien Public.
2 Terms of office of Procureurs du Bien Public
(1) In each parish, the
term of office of one Procureur shall expire on 12th March 2014, and the
term of office of the other Procureur shall expire on 9th September 2015,
whether there are 2, one or no Procureurs in office immediately before 12th
March 2014 or 9th September 2015.
(2) After that, in each
parish, in separate cycles of 3 years –
(a) the
term of office of one Procureur shall expire on the second Wednesday of the
month of March that falls 3 years after the month of March in which a
previous term of office of a Procureur expired; and
(b) the
term of office of the other Procureur shall expire on the second Wednesday of
the month of September that falls 3 years after the month of September in
which a previous term of office of a Procureur expired.
(3) The Schedule applies to
determine which term of office is to expire on 12th March 2014 and which
is to expire on 9th September 2015, in the case where there are one or
2 Procureurs in office in a parish immediately before 12th March 2014.
(4) For the purposes of
this Article and the Schedule, if a Procureur is elected to fill a vacancy in
the office of Procureur during the relevant term of office, the election of the
Procureur shall be taken to have occurred at the start of that term of office.
(5) However, paragraph (4)
does not apply in reckoning aggregate time for the purpose of clause (a)
or (b) of sub-paragraph (1) of paragraph 3 of the Schedule.
(6) This Article and the
Schedule shall have effect in relation to a term of office of a Procureur, even
if the term would have expired on a different day if this Law had not been
enacted.
3 Elections
of Procureurs du Bien Public
An election of a Procureur shall be held on each day on which the
term of office of a Procureur expires on or after 12th March 2014 and
otherwise when a vacancy occurs in the office of Procureur.
4 Continuation
in office pending election
(1) Despite the expiry of a
Procureur’s term of office, the Procureur shall remain in office until
the return date for the election of a Procureur held on that expiry.
(2) The reference in
paragraph (1) to the return date for an election of a Procureur is a
reference to the date fixed by the Royal Court, pursuant to Article 17(2)(c)
of the Elections (Jersey)
Law 2002, for the person elected as Procureur to appear in the Royal Court
to take his or her oath.[1]
5 Regulations
to amend expressions of time
The States may by Regulations amend any expression of time
(including any date) in Article 2 or 3 or the Schedule.
6 Citation
This Law may be cited as the Procureurs du Bien Public (Terms of
Office) (Jersey) Law 2013.
SCHEDULE
(Article 2)
order of election
1 Schedule
applies to terms of office of existing Procureurs
This Schedule applies to
the most recent terms of office, as Procureurs in any one parish, of the
persons who, immediately before 12th March 2014, are Procureurs in that
parish.
2 Date
of expiry of term of office of existing Procureur
(1) A
term of office shall expire –
(a) on
12th March 2014, in the case of the term of office of the Procureur who
was first elected to his or her present term of office (or who is the only
Procureur in office); or
(b) on
9th September 2015, in the case of the term of office of the other
Procureur.
(2) However,
if –
(a) there
are 2 Procureurs in office in a parish immediately before
12th March 2014;
(b) the
2 Procureurs agree; and
(c) the Connétable
of the parish consents,
the order set out in sub-paragraph (1)
may be reversed.
3 Notional
order of elections for the purposes of paragraph 2(1)
(1) If,
immediately before 12th March 2014, 2 Procureurs are in office in a
parish and they were elected at the same time, then for the purpose of
paragraph 2(1), the order in which they were elected shall be reckoned as
follows –
(a) the
Procureur who has served the longer aggregate time in one or more terms of
office as Procureur in that parish shall be taken to have been first elected;
or
(b) if
the 2 Procureurs have served the same aggregate time in one or more terms
of office as Procureur in that parish, the Procureur in that parish who has
served the longer aggregate time as the holder of one or more honorary offices in
that parish shall be taken to have been first elected.
(2) The
reference in sub-paragraph (1)(b) to honorary offices in a parish means
any office in the parish to which a person is sworn by the Royal Court, and
includes the office of Procureur.
(3) For
the purpose of sub-paragraph (1)(a) or (b), it does not matter whether the
terms of office were consecutive or not.