Official
Analyst (Jersey) Law 2022
A LAW to provide for the establishment
and functions of an office of Official Analyst to the States of Jersey; and for
connected purposes.
Commencement [see
endnotes]
1 Interpretation
In this Law –
“2005 Law” means the Employment of States of
Jersey Employees (Jersey) Law 2005;
“2018 Law” means the States of Jersey
(Appointment Procedures) (Jersey) Law 2018;
“2019 Law” means the Public Finances (Jersey)
Law 2019;
“functions of the Official
Analyst” means the function set out in Article 5 and functions conferred on the
Official Analyst by any other enactment;
“Minister” means the Chief
Minister;
“office of the Official
Analyst” means the staff, services, equipment and accommodation provided to the
Official Analyst in accordance with Article 7;
“Official Analyst” means
the Official Analyst appointed under Article 2.
2 Appointment of Official
Analyst
(1) The
Minister must appoint an officer as the Official Analyst for the discharging of
the functions of the Official Analyst.
(2) Before
appointing an Official Analyst the Minister must consult and take into account
the views of the Jersey Appointments Commission
established under Article 17 of the 2005 Law.
(3) Article
2 of the 2018 Law (which requires advance notice of
the appointment to be given to the States) applies to the appointment of
the Official Analyst.
(4) The
Official Analyst must hold and vacate office in accordance with the terms and
conditions of the Official Analyst’s appointment.
(5) The
Minister may appoint a person as the Official Analyst only if the person –
(a) holds a Mastership in
Chemical Analysis awarded by the Royal Society of Chemistry; or
(b) both –
(i) demonstrates the necessary level of
knowledge, skill and experience in analytical chemistry and microbiological
examination necessary to perform the functions of the Official Analyst under
Jersey legislation, and
(ii) holds a qualification in
analytical chemistry.
(6) If
the Minister appoints a person who does not satisfy paragraph (5)(a), the
Minister must –
(a) include in the advance
notice required under Article 2 of the 2018 Law the qualifications the
person has and the reasons the Minister determines that it is reasonable to
appoint someone who does not satisfy that paragraph; and
(b) set out in writing the
reasons why the Minister determines that it is reasonable to appoint someone
who does not satisfy that paragraph and publish those reasons.
(7) The
Minister may, by Order, amend paragraph (5)(a).
3 Dismissal from office
as Official Analyst
(1) The
Minister may dismiss the Official Analyst only if the Official Analyst –
(a) is incapacitated by
physical or mental illness;
(b) has, without reasonable
excuse, failed to discharge the functions of the Official Analyst;
(c) has otherwise behaved in
a way that is not compatible with the Official Analyst continuing in office; or
(d) is otherwise unable or
unfit to discharge the functions of the Official Analyst.
(2) Before
dismissing the Official Analyst, the Minister must provide the Official Analyst
with an opportunity to respond to the allegations and must take account of any
response.
(3) Where
the Minister is considering whether to dismiss the Official Analyst, the
Minister may suspend the Official Analyst from office until the Minister has
decided whether to dismiss the Official Analyst.
(4) If
the Minister decides not to dismiss the Official Analyst, the Official Analyst
must be restored to office without loss of remuneration or any other benefits.
(5) Article
3 of the 2018 Law (which requires notice of the
termination to be presented to the States) applies to the dismissal of the
Official Analyst under paragraph (1).
(6) Within
6 months of the commencement of this Law, or before exercising the powers
under this Article if earlier, the Minister must commission an independent
evaluation of the procedure for dismissing the Official Analyst under this
Article and present it to the States as
soon as practicable after receiving it.
4 Termination of office as Official Analyst
The Official Analyst
ceases to hold office –
(a) if the Official Analyst resigns
by giving, in writing, such notice as is required under the terms and
conditions of appointment;
(b) if the Minister has
dismissed the Official Analyst under Article 3; or
(c) on the expiry of the term
of office, if any, stated in the terms and conditions of appointment.
5 Function of the
Official Analyst
(1) The function of the Official Analyst is to use chemical and
microbiological analysis to advise on and investigate matters where it is in
the public interest to do so, including in relation to –
(a) law and order;
(b) public health and safety;
(c) environmental protection;
(d) consumer interests;
(e) government policies and
functions.
(2) Where, in the exercise of the functions of
the Official Analyst, the Official Analyst considers that a matter poses a risk
to public health, the Official Analyst must inform the Medical Officer of
Health appointed under the Loi (1934) sur la Santé Publique of that risk as soon as
practicable.
6 Independence of the
Official Analyst
The Official Analyst, or
a person discharging or performing the functions of the Official Analyst, must
not be directed on how any function of the Official Analyst, or the office of
the Official Analyst, is to be carried out.
7 Office of the Official
Analyst
(1) The
Minister must make an annual assessment of the funding required to ensure that
the Official Analyst is provided with the financial and
administrative resources, and other support, including staff, services,
equipment and accommodation, necessary to enable the Official Analyst to
discharge the functions of the Official Analyst economically, effectively and
efficiently.
(2) Before
the Council of Ministers includes a statement in a government plan under
Article 10(2) of the 2019 Law that relates to an amount submitted by the office
of the Official Analyst, the Minister must consult the Official Analyst.
(3) A
States’ employee (within the meaning of the 2005 Law) provided under paragraph (1)
is a member of the Official Analyst’s staff for the purposes of this Article
if, under the direction of the Official Analyst, that employee performs, or
assists in the performance of, a function of the Official Analyst.
(4) The
Official Analyst may delegate any of the functions of the Official Analyst to a
member of the Official Analyst’s staff.
(5) The
Official Analyst may designate as a deputy Official Analyst a member of the
Official Analyst’s staff.
8 Acting Official Analyst
(1) The
Minister may appoint an acting Official Analyst responsible for discharging the
functions of the Official Analyst if the Official Analyst –
(a) dies;
(b) is incapacitated;
(c) is suspended under Article 3(3);
(d) has been dismissed under
Article 3(1);
(e) has resigned; or
(f) is unable for any reason
to discharge the functions of the Official Analyst.
(2) The
appointment of an acting Official Analyst ends with the appointment of a new
Official Analyst.
9 Annual report
(1) The
Official Analyst must produce an annual report on the performance of the functions
of the Official Analyst for each financial year.
(2) The
report must –
(a) set out why the work undertaken
in the financial year is in the public interest;
(b) comply with the Public
Finances Manual issued under Article 31 of the 2019 Law as it applies
to the annual reports of public bodies listed in Schedule 6 to that Law;
(c) include the accounts of
the office of the Official Analyst included in the financial statement under
Article 37 of the 2019 Law; and
(d) set out the fees
prescribed under Article 12 (if any) that have been charged in the financial
year.
(3) The
Official Analyst must present the report to the Minister as soon as practicable
after the end of the financial year to which it relates.
(4) The
Minister must present a copy of the report to the States as soon as is
practicable after receiving it.
(5) The
Minister may, by Order, amend the requirements set out in paragraph (2).
10 Other reports
(1) The
Minister may request that the Official Analyst prepare a report upon any
aspect of the functions of the Official Analyst or the work undertaken in discharge
of those functions.
(2) Where
the Minister requests a report under paragraph (1), the Official Analyst
must prepare a report and submit it to the Minister.
(3) The
Official Analyst may prepare and publish reports on any aspect of the functions
of the Official Analyst or the work undertaken in discharge of those functions.
11 Limitation of liability
(1) The Official Analyst or any person working under the
Official Analyst’s direction is not liable in damages for anything done or
omitted in the discharge of any function under this Law unless it is shown that
the act or omission was in bad faith.
(2) Paragraph (1) does not apply so as to
prevent an award of damages in respect of the act or omission on the ground
that it was unlawful as a result of Article 7(1) of the Human Rights (Jersey) Law 2000.
12 Fees
(1) The Minister may, by Order, provide that
the Official Analyst may charge such fees as the Order prescribes in the
discharge of the functions of the Official Analyst.
(2) Without limiting paragraph (1), the
Order may prescribe that the fee is payable in advance.
13 Transitional provisions
(1) The
appointment of the Official Analyst appointed under the Food Safety (Jersey) Law 1966
continues under this Law.
(2) Anything
done by the Official Analyst under the Food Safety (Jersey) Law 1966
is to be treated as having been done under this Law.
14 [1]
15 [2]
16 Consequential amendments
(1) [3]
(2) The
States may by Regulations make such amendments to any enactment as appear to
the States to be expedient –
(a) for the general purposes,
or any particular purpose, of this Law; or
(b) in consequence of any
provision made by or under this Law.
17 Citation and commencement
This Law may be cited as
the Official Analyst (Jersey) Law 2022 and comes into force 7 days after the
day on which it is registered.