States of Jersey
Law 2005
A LAW regarding the constitution and
proceedings of the States, to declare and define the powers, privileges and
immunities of the States, and to establish a ministerial system of government.
Commencement [see endnotes]
WHEREAS it is recognized that Jersey has
autonomous capacity in domestic affairs;
AND WHEREAS it is further recognized that there is an increasing
need for Jersey to participate in matters of international affairs;
AND
WHEREAS Jersey wishes to
enhance and promote democratic, accountable and responsive governance in the
island and implement fair, effective and efficient policies, in accordance with
the international principles of human rights –
THE
STATES,
subject to the sanction of Her Most Excellent Majesty in Council, have adopted
the following Law –
Part 1
Introductory
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“Assistant Minister”
means a person appointed as such under Article 25;
“Chief Minister”
means the person appointed as such under Article 19;
“Council of
Ministers” shall be construed in accordance with Article 18(1);
“document”
includes accounts, deeds, papers, records, writings and information recorded in
any form and, in relation to information recorded otherwise than in legible
form, references to its provision or production include references to providing
or producing a copy of the information in legible form;
“elected member”
means a Senator, Connétable or Deputy;
“lodge” means
lodge au Greffe in accordance with standing orders;
“member of the
States” shall be construed in accordance with Article 2(1);
“Minister”
means a person appointed as such under Article 19 or 23;
“officer of the
States” means the Greffier of the States, the Deputy Greffier of the
States, an Acting Greffier of the States or the Viscount;
“precincts of the
States” means –
(a) the
States’ Chamber;
(b) any
rooms whilst provided for the exclusive use or accommodation of members of the
States;
(c) the
galleries and places provided for the use or accommodation of strangers,
members of the public and representatives of the press,
and, while the States are
meeting, includes those parts of the building giving direct access to the
States’ Chamber;
“prescribed”
means prescribed in standing orders;
“standing orders”
means standing orders made under Article 48;
“stranger”
means any person other than the Deputy Bailiff, a member of the States or an
officer of the States.
(2) A
reference to an administration of the States includes any committee or panel
established by standing orders, other than a committee of inquiry.
(3) The
States may by Regulations amend the definition “precincts of the
States” in paragraph (1).
PART 2
CONSTITUTION OF STATES
2 Constitution
of the States
(1) The
States of Jersey are constituted as follows –
the Bailiff;
the Lieutenant-Governor;
8 Senators, elected as
provided by this Law;
the Connétables of
the 12 Parishes of Jersey, who are members of the States by virtue of their
office;
29 Deputies, elected as provided
by this Law;
the Dean of Jersey;
the Attorney General;
the Solicitor General.[1]
(2) All
members of the States shall have the right to speak in the Assembly.
(3) Only
elected members shall have the right to vote in the Assembly.
3 Presidency
of the States
(1) The
Bailiff shall be President of the States.
(2) If
both the Bailiff and Deputy Bailiff are unable to preside at a meeting of the
States, the Bailiff shall choose an elected member, the Greffier of the States
or the Deputy Greffier of the States to preside at the meeting.
(3) Subject
to standing orders, the person chosen to preside at a meeting of the States
under paragraph (2) shall, while presiding at the meeting, have the same
powers as the Bailiff when presiding at such a meeting.
(4) An
elected member presiding at a meeting of the States shall not have the right to
vote.
4 Constituencies
(1) For
the purpose of the election of Senators, Jersey shall be a single constituency.
(2) For
the purpose of the election of Deputies –
(a) Jersey
shall be divided into the constituencies mentioned in column 1 of Schedule 1;
and
(b) each
such constituency shall return the number of Deputies specified in column 2 of Schedule 1
in relation to that constituency.
(3) The
States may by Regulations amend Schedule 1 so as to alter, combine, split
and rename the constituencies there mentioned and, subject to paragraph (4),
amend the number of Deputies there specified in relation to a constituency.
(4) The
total number of Deputies specified shall remain 29.
4A [2]
5 Term
of office of Senators and Deputies[3]
(1) Senators
and Deputies shall be elected for a term of 4 years.
(2) Notwithstanding
the term of office stated in paragraph (1), a Senator or Deputy shall
retire on his or her place being filled by an ordinary election.
(3) The
places of Senators and Deputies are filled upon the persons elected at the
ordinary elections taking the oath of their office.
(4) This
Article is subject to Article 6A.
6 Ordinary
elections for Senators and Deputies[4]
(1) An
ordinary election for Senators shall be held in the period of 7 days
beginning on 16th May in every 4th year, commencing in May 2018.
(2) An
ordinary election for Deputies shall be held in the period of 7 days
beginning on 16th May in every 4th year, commencing in May 2018.
(3) The
States may by Regulations amend paragraphs (1) and (2) so as to alter the
periods, in every 4th year, within which ordinary elections must be held, both
as to their duration and the day they begin.
(4) This
Article is subject to Article 6A.
6A Transitional
arrangements for ordinary elections in 2011 and 2014[5]
(1) There
shall be held, in the period of 7 days beginning on 15th October 2011
–
(a) an
ordinary election to elect 4 Senators, for a term expiring upon the
persons elected as Senators at the ordinary election in October 2014 taking the
oath of their office;
(b) an
ordinary election to elect Deputies, for a term expiring upon the persons
elected as Deputies at the ordinary election in October 2014 taking the oath of
their office.
(2) There
shall be held, in the period of 7 days beginning on 15th October 2014, an
ordinary election to elect 8 Senators, for a term expiring upon the
persons elected as Senators at the ordinary election in May 2018 taking the
oath of their office.
(3) There
shall be held, in the period of 7 days beginning on 15th October 2014, an
ordinary election to elect Deputies, for a term expiring upon the persons
elected as Deputies at the ordinary election in May 2018 taking the oath of
their office.
(4) Article 17(1)
of the Public
Elections (Jersey) Law 2002 shall apply to an election required under this
Article as it applies to an election required under Article 6.
7 Qualification
for election as Senator or Deputy
(1) A
person shall, unless disqualified by paragraph (2) or Article 8(1) or
any other enactment, be qualified for election as a Senator or a Deputy if he
or she –
(a) is of
full age; and
(b) is a
British citizen who has been –
(i) ordinarily
resident in Jersey for a period of at least 2 years up to and including the day
of the election, or
(ii) ordinarily
resident in Jersey for a period of 6 months up to and including the day of the
election, as well as having been ordinarily resident in Jersey at any time for
an additional period of, or for additional periods that total, at least 5
years.
(2) A
person shall be disqualified for election as a Senator or Deputy, if he or she
is a paid officer in the service of the States or any administration of the
States, unless he or she is permitted, by or under the Employment of States of
Jersey Employees (Jersey) Law 2005, to stand for election as a Senator
or Deputy.[6]
(3) A
retiring Senator or Deputy who is not disqualified by this Law or any other
enactment shall be eligible for re-election.
8 Disqualification
for office as Senator or Deputy
(1) A
person shall be disqualified for election as or for being a Senator or Deputy
if that person –
(a) holds
any paid office or other place of profit under the Crown;
(b) is a
member of the States of Jersey Police Force;
(c) is
detained in an approved establishment or is subject to guardianship under the Mental Health (Jersey)
Law 2016;
(d) is a
person in respect of whom a delegate has been appointed under Part 4 of
the Capacity and
Self-Determination (Jersey) Law 2016;
(e) has
an attorney without whom he or she may not act in matters movable or immovable;
(f) subject
to paragraphs (3) and (4), has become bankrupt or made a composition or
arrangement with his or her creditors;
(g) has
been convicted of an offence under the Corruption (Jersey)
Law 2006 by virtue of that person being, within the meaning of that
Law, a public official or a member, officer or employee of a public body; or
(h) within
the 7 years immediately preceding the date of his or her election, or
since his or her election, has been convicted, whether in Jersey or elsewhere,
of any offence and ordered to be imprisoned for a period of not less than
3 months, without the option of a fine.[7]
(2) A
person shall be disqualified for being a Senator or Deputy upon –
(a) ceasing
to be a British citizen; or
(b) not
being resident in Jersey for a period of more than 6 months.
(3) The
disqualification attaching to a person by reason of his or her having become
bankrupt shall cease –
(a) if
the person pays his or her debts in full on or before the conclusion of the
bankruptcy proceedings, on the day the proceedings are concluded;
(b) in
any other case, on the expiry of 5 years from the day the proceedings are
concluded.
(4) The
disqualification attaching to a person by reason of his or her having made a
composition or arrangement with his or her creditors shall cease –
(a) if
the person pays his or her debts in full, on the day on which the payment is
completed;
(b) in any
other case, on the expiry of 5 years from the day on which the terms of
the composition or arrangement are fulfilled.
9 Declaration
to be made when nominated
(1) Subject
to paragraph (1A), a person seeking election as a Senator or Deputy shall,
at the time of his or her nomination, be required to make a declaration, in
writing –
(a) that
he or she is qualified for being elected by virtue of this Law or any other
enactment;
(b) of
his or her convictions, whether in Jersey or elsewhere, which are not spent
convictions;
(c) notwithstanding
the Rehabilitation of
Offenders (Jersey) Law 2001, of his or her spent convictions, whether
in Jersey or elsewhere, for any of the following offences –
(i) treason,
(ii) murder,
(iii) manslaughter,
(iv) any
offence that is a relevant offence within the meaning of the Sex Offenders (Jersey)
Law 2010,
(v)
(vi)
(vii) any offence
committed when the person seeking election was of full age, against another
person who was not, at the time of the offence, of full age,
(viii) fraud or any like
offence,
(ix) obtaining
property by false pretences,
(x) theft,
(xi) perjury,
(xii) perverting
the course of justice,
(xiii) an offence
mentioned in the definition “drug trafficking” in Article 1(1)
of the Misuse of
Drugs (Jersey) Law 1978,
(xiv) an offence of
attempt to commit any of the offences in clauses (i) to (xiii),
(xv) an offence
of conspiracy or incitement to commit any of the offences in clauses (i)
to (xiii),
(xvi) an offence of
aiding, abetting, counselling or procuring any of the offences in clauses (i)
to (xv).[8]
(1A) The
person is not required to make a declaration of a conviction for the offence of
sodomy (whether the conviction is spent or unspent) if the act to which the
conviction relates –
(a) was
committed before 12th January 2007; and
(b) if
committed on or after that date, would not have been an offence.[9]
(2) The
person presiding at a nomination meeting convened under Article 20 of the Public Elections
(Jersey) Law 2002 shall read out to the meeting the declaration made
under paragraph (1) by a person proposed as a candidate.
(3) A
person who knowingly makes a false declaration under paragraph (1) shall
be guilty of an offence and liable to a fine of level 3 on the standard
scale.[10]
(4) The
States may by Regulations amend paragraph (1)(c) so as to vary, add or
omit any description of offence for which a spent conviction must be disclosed.
(5) The
form and content of the declaration required by paragraph (1) may be
prescribed.
(6) In
this Article, “spent conviction” has the same meaning as in the Rehabilitation of
Offenders (Jersey) Law 2001.
10 Disqualification
of elected member for holding certain offices or employments
(1) A
person who becomes an elected member, on taking oath of the office to which he
or she is elected, shall cease to hold any paid office or employment in the
service of the States or any administration of the States or in the service of
any parochial authority.
(2) An
elected member shall be disqualified for appointment to any paid office or
employment in the service of the States or any administration of the States or
in the service of any parochial authority.
11 Oath
of office
The oath of office of
Senators and Deputies shall be in the form set out in Part 1 of Schedule 2.
12 Resignation
of Senator or Deputy
(1) A
Senator or Deputy may, at any time, resign his or her office by notice in
writing signed by him or her and delivered to the Bailiff.
(2) The
Bailiff shall inform the States of such a resignation at their next meeting.
(3) A
resignation shall take effect when the States are informed of it under
paragraph (2).
13 Casual
vacancy in office of Senator or Deputy
(1) This
Article applies where a casual vacancy occurs in the office of Senator or
Deputy, being a vacancy occurring otherwise than upon retirement of the
officeholder under Article 5.
(2) The
Bailiff shall forthwith inform the Attorney General of the vacancy.
(3) The
Attorney General, on being informed of the vacancy, shall forthwith notify the
Royal Court.
(4) The
Royal Court, on being informed of the vacancy, shall subject to paragraph (5),
make an order under the Public Elections
(Jersey) Law 2002 for an election to fill the vacancy to be held as
soon as is convenient and, in any case, no later than the expiry of such period
following the occurrence of the vacancy as may be prescribed.
(5) Where
the vacancy occurs less than 6 months before the ordinary election at which the
Senator or Deputy would otherwise have retired under Article 5 –
(a) the
Royal Court shall not order an election to fill the vacancy; and
(b) the
vacancy shall be filled at the next ordinary election.[11]
(6) Where,
under paragraph (5)(b), an election to fill one or more casual vacancies
in the office of Senator is combined with an ordinary election of
Senators –
(a) where
the election is contested –
(i) the persons who
are elected by the smallest number of votes shall be deemed elected to fill the
casual vacancies,
(ii) in
the case of an equality of votes between the persons who are elected by the
smallest number of votes, the persons who shall be deemed elected to fill the
casual vacancies shall be determined by lot,
(iii) if
the persons elected to fill the casual vacancies will hold office for different
periods, the person elected by the smallest number of votes, or, if the votes
are equal, such person as is determined by lot, shall be deemed elected to hold
office for the shorter period;
(b) where
the election is not contested, the persons who shall be deemed elected to fill
the casual vacancies shall be determined by lot.
(7) Where
under this Article any question is required to be determined by lot, the lots
shall be drawn at the sitting of the Royal Court convened for the taking of
oath of office by the persons elected in the election.
(8) The
States may by Regulations amend the period in paragraph (5).[12]
14 Term
of office of person filling casual vacancy
A person elected to fill
a casual vacancy in the office of Senator or Deputy shall hold office until the
day on which the person in whose place he or she is elected would have retired
under Article 5 or 6A, and shall then retire.[13]
Part 3
Proceedings of the States
15 Quorum
The States shall be
lawfully constituted and may conduct any business which it is in their power to
conduct if there are present no less than one half of the elected members.[14]
16 Decisions
(1) Subject
to this Law and any other enactment, whenever passed, all matters coming or
arising before the States shall be done and decided by a majority of the
members present and voting on them.
(2) If,
on any matter before the States, the votes are equally divided, the matter
shall be determined in the negative.
17 Validity
of acts and proceedings
(1) The
acts and proceedings of any person elected to the States and acting as a member
of the States shall, notwithstanding that person’s want of qualification
or disqualification, be valid and effectual as if that person had been qualified.
(2) The
proceedings of the States shall not be invalidated by any vacancy among their
number or by any defect in the election or qualification of any member of the
States.
Part 4
Ministers
18 Council
of Ministers
(1) There
shall be a Council of Ministers whose members shall be the Chief Minister and
at least 7 Ministers.[15]
(2) The
functions of the Council of Ministers shall be –
(a) co-ordinating
the policies and administration for which they are responsible as Ministers;
(b) discussing
and agreeing policy which affects 2 or more of them;
(c) discussing
and agreeing their common policy regarding external relations;
(d) prioritizing
executive and legislative proposals;
(e) agreeing
and, within 4 months of their appointment under Article 19(7), lodging
for referral to one or more Scrutiny Panels established under standing orders
and approval by the States, a statement of their common strategic policy; and
(f) such
other matters as the Chief Minister or the Council of Ministers may determine.[16]
(3) The
functions of the Chief Minister shall include –
(a) co-ordinating,
through the Council of Ministers, the discharge of the common functions
described in paragraph (2);
(b) conducting
external relations in accordance with the common policy agreed by the Council
of Ministers.
(3A) The
Chief Minister and Ministers shall –
(a) for
the purpose of reaching policy decisions, provide policy direction to officers,
having given fair consideration and due weight to informed and impartial advice
from such officers; and
(b) agree
and, within 3 months of being appointed to office under Article 19(7),
present to the States a code of conduct and a code of practice for Ministers
and Assistant Ministers.[17]
(3B) The
Council of Ministers may, after consultation with a Minister, give the Minister
directions concerning a policy for which the Minister is responsible, where the
policy –
(a) falls
within the functions of the Council of Ministers, described in paragraph (2);
and
(b) appears
to the Council of Ministers to affect the public interest.[18]
(3C) Directions
may not be given as to the exercise of any function conferred by an
enactment, or so as to influence the exercise of such a function.[19]
(3D) A
Minister shall comply with directions given to him or her under paragraph (3B).[20]
(4) The
minutes of the proceedings of a meeting of the Council of Ministers shall
be –
(a) drawn
up and entered, by an officer provided by the Greffier of the States, in a book
kept for that purpose by the Greffier of the States; and
(b) signed
at the same or an ensuing meeting of the Council by the person presiding at the
meeting.
(5) The
minutes so drawn up and entered in the book shall be complete and accurate in
all material particulars.
(6) The
States may by Regulations amend the minimum number of Ministers in paragraph (1).[21]
19 Selection
and appointment of Council of Ministers
(1) The
States shall, in accordance with the prescribed procedures and within the
prescribed period following any of the events described in paragraph (2),
select an elected member for appointment as Chief Minister.
(2) The
events are –
(a) each
ordinary election for Deputies;
(b) the
Chief Minister ceasing to be an elected member;
(c) the
resignation from office of the Chief Minister;
(d) the
death of the Chief Minister;
(e) the
Chief Minister being incapacitated, by reason of any illness or injury, so as
to be unable to discharge the functions of his or her office, for a period
exceeding 8 weeks;
(f) a
decision that the States have no confidence in the Chief Minister or in the
Council of Ministers;
(g) a
person ceasing to be Chief Minister designate (otherwise than upon his or her
appointment as Chief Minister).
(3) The
Chief Minister designate shall, within the prescribed period and in accordance
with the prescribed procedures –
(a) nominate
elected members for appointment as Ministers; and
(b) propose
the Ministerial office to which each nominee would be assigned.[22]
(4) An
elected member –
(a) may,
within the prescribed period and in accordance with the prescribed procedures, nominate
one or more elected members for appointment as Ministers; and
(b) shall,
when making such a nomination, propose the Ministerial office to which the
nominee would be assigned.[23]
(5) The
States shall then, in accordance with the prescribed procedures, select, for
each Ministerial office, from the persons nominated and proposed for assignment
to that office, an elected member for appointment as a Minister and assignment
to that office.[24]
(6) The
Chief Minister designate may, at any time before his or her appointment to
office under paragraph (7), inform the States of his or her wish to step
down and, upon doing so, shall cease to be Chief Minister designate.[25]
(7) Upon
the States making the last selection under paragraph (5) required to
complete the constitution of the Council of Ministers, the Chief Minister
designate and the persons selected are appointed to office.[26]
(8) Where
one of the events described in paragraph (2)(b) to (f) occurs within the
period of 8 weeks preceding an ordinary election for Deputies, the States may
decide not to make any selection and appointment following the event.
(9) In
this Article, “Chief Minister designate” means a person selected
under paragraph (1) but not yet appointed as Chief Minister.
(10) The
States may by Regulations amend the period mentioned in paragraph (8).
20 Chief
Minister ineligible for other ministerial office[27]
The Chief Minister shall
be ineligible for appointment as a Minister or Assistant Minister.
21 Term
of office and dismissal of Ministers
(1) Subject
to this Article –
(a) the
Chief Minister shall continue in office until a further appointment takes
effect under Article 19(7);
(b) an
elected member shall continue in a Ministerial office until –
(i) he or she is
appointed to another Ministerial office under Article 23,
(ii) the
Ministerial office is abolished, or
(iii) a
further appointment takes effect under Article 19(7).[28]
(2) The
Chief Minister shall cease to hold office upon his or her ceasing to be a
Senator or Deputy by reason of disqualification for office.
(3) Any
other Minister shall cease to hold office upon –
(aa) his or her
resignation under Article 22;
(a) his
or her dismissal under paragraph (4);
(b) his
or her ceasing to be an elected member; or
(c) the
States voting that they have no confidence in the Minister.[29]
(4) Only
the Chief Minister may dismiss a Minister.[30]
(5) The
Chief Minister shall take steps, as soon as possible, to inform the following
persons of the dismissal of a Minister –
(a) the
Minister dismissed;
(b) other
States members; and
(c) States
employees working in any administration of the States for which the dismissed
Minister was assigned responsibility.[31]
(6)[32]
(7)[33]
21A [34]
22 Resignation
of Minister
(1) The
Chief Minister may resign from his or her office by notice in writing, signed
by the Chief Minister and delivered to the Bailiff.
(2) The
Bailiff shall inform the States of the resignation of the Chief Minister at the
next meeting of the Assembly.
(3) Any
other Minister may resign from his or her office by notice in writing signed by
that Minister and delivered to the Chief Minister.
(4) The
Chief Minister shall inform the States of the resignation of a Minister at the
next meeting of the Assembly.
23 Subsequent
appointment of Minister
(1) Where
a Minister resigns or a vacancy arises in the office of Minister the Chief
Minister shall, within the prescribed period, nominate an elected member for
appointment as Minister, proposing also the Ministerial office to which that
person would be assigned.
(2) The
Chief Minister shall not be required to make a nomination under paragraph (1)
where, within the prescribed period following the resignation or vacancy, the
States are required to make a selection under Article 19(1).
(3) Where
a nomination has been made under paragraph (1), an elected member may,
within the prescribed period, nominate an elected member for appointment as
Minister for assignment to the Ministerial office proposed under paragraph (1).[35]
(4) The
States shall then, in accordance with the prescribed procedures, select, from
the persons nominated, an elected member for appointment as a Minister and
assignment to the Ministerial office proposed and, upon the selection being
made, the person selected is appointed to office.[36]
24 Appointment
and dismissal of Deputy Chief Minister
(1) The
Chief Minister –
(a) shall
appoint one of the Ministers to be Deputy Chief Minister; and
(b) may
dismiss the person so appointed.
(2) The
Chief Minister shall inform the States of any such appointment or dismissal.
25 Appointment
and dismissal of Assistant Ministers
(1) The
Chief Minister and Ministers may each –
(a) appoint
one or more elected members as his or her Assistant Ministers; and
(b) dismiss
any of his or her Assistant Ministers.[37]
(2) A
Minister may only appoint or dismiss an Assistant Minister with the prior
consent of the Chief Minister.
(3) [38]
(4) An
Assistant Minister may resign from his or her office by notice in writing
signed by that Assistant Minister and delivered to the Minister that he or she
assists.
(5) An
Assistant Minister shall cease to hold office upon the Minister whom he or she
assists ceasing, for any reason, to hold office.[39]
(6) [40]
25A Limit on number of
Ministers and Assistant Ministers[41]
(1) The
aggregate of the Chief Minister, Ministers and Assistant Ministers shall not
exceed the prescribed number of individuals.
(2) An
appointment of a Minister or Assistant Minister that would cause the prescribed
number of individuals to be exceeded shall be of no effect.
26 Status of Minister
(1) Each Minister shall be
a corporation sole having –
(a) subject
to Article 29A, perpetual succession;
(b) an
official seal, which shall be authenticated by the signature of the Minister or
of any person authorized by the Minister to act in that behalf;
(c) the
power to –
(i) enter into
agreements for any purpose of his or her office,
(ii) acquire,
hold and dispose of movable property,
(iii) do
any other thing which the Minister can do by virtue of his or her office, and
(iv) do
anything reasonably necessary or expedient for or incidental to any of the
matters referred to in the foregoing clauses.
(2) A Minister may, in the
name of his or her office –
(a) sue
and be sued in any civil proceedings; and
(b) be
charged with an offence and defend criminal proceedings.
(3) The official seal of a
Minister shall be judicially noticed.
(4) Every document
purporting to be an instrument made or issued by a Minister and to be sealed
with the Minister’s official seal, authenticated in accordance with paragraph (1)(b),
shall be –
(a) received
in evidence; and
(b) deemed
to be so made or issued without further proof, unless the contrary is shown.
(5) A certificate signed by
the Minister that any instrument purporting to be made or issued by the
Minister was so made or issued shall be conclusive evidence of that fact.
(6) The senior officer in
any administration of the States for which a Minister is assigned
responsibility shall be accountable to that Minister in respect of policy
direction.
(7) In this
Article –
“Minister” includes the Chief Minister;
“officer” means a States’ employee within the
meaning of the Employment of States of Jersey Employees
(Jersey) Law 2005.[42]
27 Power
for Minister to act in the absence of another Minister
(1) The Deputy Chief
Minister shall discharge the functions of the Chief Minister
during –
(a) the
temporary absence or incapacity of the Chief Minister; or
(b) a
vacancy in the office of Chief Minister.
(1A) If it appears to the Chief Minister
that both he or she and the Deputy Chief Minister will or might be temporarily
absent or incapacitated at the same time, the Chief Minister may designate
another Minister to discharge the functions of the Chief Minister during the
period of the Chief Minister’s and Deputy Chief Minister’s absence
or incapacity.[43]
(1B) If –
(a) the
Chief Minister is temporarily absent or incapacitated;
(b) it
appears to the Deputy Chief Minister that he or she will or might be
temporarily absent or incapacitated at the same time; and
(c) the Chief
Minister has not, under paragraph (1A), designated another Minister to
discharge the functions of the Chief Minister in that event,
the Deputy Chief Minister may designate another Minister to
discharge the functions of the Chief Minister during the period of the Chief
Minister’s and Deputy Chief Minister’s absence or incapacity.[44]
(1C) If the Chief Minister is
temporarily absent or incapacitated and, at the same time, the Deputy Chief
Minister is temporarily absent or incapacitated, but a designation has not been
made by either of them under paragraph (1A) or (1B), the functions of the
Chief Minister shall, during the absence or incapacity of both of them, be
discharged by the Minister described in paragraph (1E).[45]
(1D) If the office of Chief Minister is
vacant, and the person appointed as Deputy Chief Minister is temporarily absent
or incapacitated or ceases to hold office as a Minister, the functions of the
Chief Minister shall be discharged by the Minister described in paragraph (1E)
during the absence or incapacity of the Deputy Chief Minister or, as the case
requires, until the next Chief Minister takes office.[46]
(1E) The Minister is –
(a) the
Minister who has held office as a Minister for the longest period of time;
(b) if 2
or more Ministers have held office as a Minister for the same period of time
and, disregarding the other or others of them, that period would be the longest
period of time – whichever of them has held office as an elected
member for the longest period of time; or
(c) if 2
or more Ministers –
(i) have held office
as a Minister for the same period of time and, disregarding the other or others
of them, that period would be the longest period of time, and
(ii) have
held office as an elected member for the same period of time and, disregarding
the other or others of them, that period would be the longest period of time,
whichever of them would be called first in the roll of elected
members, in accordance with standing orders.[47]
(1F) For the purposes of paragraph (1E) –
(a) a
Minister’s period of office as a Minister includes such office held in a
previous Council of Ministers; and
(b) a
Minister’s period of office as an elected member includes such office
held in a previously constituted States.[48]
(2) The Chief Minister may,
during the temporary absence or incapacity of a Minister or a vacancy in the
office of Minister –
(a) personally
discharge the functions of that Minister; or
(b) designate
another Minister to discharge the functions of that Minister.
(3) The functions that a
Minister may discharge under this Article shall include the power to make
enactments.
(4) The temporary discharge
by one Minister of the functions of another Minister shall not affect any
delegation made by that other Minister under Article 28.
28 Power
of Minister to delegate functions
(1) A Minister may
delegate, wholly or partly, functions conferred upon or vested in the Minister
by or under this Law or any other enactment or any enactment of the United
Kingdom having effect in Jersey, to –
(a) one
of his or her Assistant Ministers;
(b) an
officer.
(1A) A Minister shall not delegate to an
Assistant Minister any function the delegation of which is wholly prohibited by
an enactment.[49]
(1B) Where a Minister delegates to an
Assistant Minister a power to make an enactment, paragraphs (4) and (5) of
Article 26 shall apply to the making of an enactment by the Assistant
Minister, in exercise of the delegated power, as they would apply to the making
of the enactment by the Minister.[50]
(2) A Minister shall not
delegate to an officer –
(a) any
power to make an enactment;
(b) any
power to decide an appeal under an enactment;
(c) any
function the delegation of which is prohibited wholly, or to an officer, by an
enactment.[51]
(3) The delegation of
functions by a Minister under this Article shall not prevent the Minister
exercising those functions personally.
(4) Where
any licence, permit or authorization is granted in purported exercise of
functions delegated under paragraph (1), no criminal proceedings shall lie
against any person for any act done, or omitted to be done, in good faith and
in accordance with the terms of the licence, permit or authorization, by reason
that the functions had not been delegated, or that any requirement attached to
the delegation of the functions had not been complied with.
(5) In
this Article –
“Minister” includes the Chief
Minister;
“officer” means a States’ employee within the
meaning of the Employment of States of Jersey Employees (Jersey)
Law 2005 and includes a member of the States of Jersey
Police Force and an officer appointed under paragraph 1(1) of Part 1
of Schedule 2 to the Immigration Act 1971 as
extended to Jersey by the Immigration (Jersey)
Order 1993.[52]
(6) The
States may by Regulations amend the definition “officer” in
paragraph (5).
29 Powers
to move Ministers[53]
The Chief Minister may,
after giving not less than 2 weeks’ notice to the States, move a
Minister from one Ministerial office to another, provided that, before the date
of such notice, not less than 6 months have elapsed after the date
Ministers are appointed to office under Article 19(7).
29A Powers relating to
changes to Ministerial offices[54]
(1) The
Chief Minister may by Order do any of the following –
(a) establish
and abolish Ministers;
(b) determine
the name by which an existing Minister is described;
(c) make
provision relating to a Minister’s responsibilities and functions
(including their transfer from one Minister to another).
(2) An
Order made under paragraph (1) may include such supplemental, incidental,
consequential, transitional and savings provisions as he or she considers
necessary or expedient for the purpose of giving full effect to that Order,
including provisions –
(a) relating
to property, resources (including funding) and liabilities;
(b) amending
any enactment (including this one);
(c) construing
any legislation made outside Jersey which has effect in Jersey; and
(d) construing
and adapting any contract, instrument or other document.
(3) Before
making an Order under paragraph (1), the Chief Minister shall give not
less than 2 weeks’ notice to the States.
30 Ministerial
delegations to be presented to States[55]
(1) A
Minister who delegates functions under Article 28 shall present to the
States a report specifying the functions delegated and to whom.
(2) A
Minister shall not be required to present a report under paragraph (1)
where the delegation is so immediate and of such brief duration that it is not
practicable to present the report before the delegation ends.
30A List of
delegations to be published[56]
(1) The Chief Minister
shall cause to be established, maintained and published a consolidated list
of –
(a) the
functions for the time being discharged by the Chief Minister and by each
Minister;
(b) the
functions for the time being delegated by the Chief Minister and each Minister
under Article 28, and to whom.
(2) The list shall also
specify which Minister is discharging, for the time being, the functions of
another Minister under Article 27(1) or (2).
(3) The information
described in paragraph (1)(b) or (2) is not required to be incorporated in
the list where the period for which the delegation has effect or for which one
Minister’s functions are being discharged by another is so immediate and
of such brief duration that it is not practicable to amend and publish the list
to incorporate the information before the end of the period.
(4) It shall be sufficient
if the list is published on a website.
31 Duty
to refer certain matters to the States
(1) Where
it is proposed –
(a) that
any provision of a draft Act of the Parliament of the United Kingdom should
apply directly to Jersey; or
(b) that
an Order in Council should be made extending to Jersey –
(i) any provision of
an Act of the Parliament of the United Kingdom, or
(ii) any
Measure, pursuant to the Channel Islands (Church Legislation)
Measures 1931 and 1957,
the Chief Minister shall
lodge the proposal in order that the States may signify their views on it.
(2) Where,
upon transmission of an Act of the Parliament of the United Kingdom containing
a provision described in paragraph (1)(a) or of an Order in Council
described in paragraph (1)(b) to the Royal Court for registration, it
appears to the Royal Court that the States have not signified their agreement
to the substance of the provision or Order in Council –
(a) the
Royal Court shall refer the provision or Order in Council to the Chief
Minister; and
(b) the
Chief Minister shall, in accordance with paragraph (1), refer it to the
States.
32 Construction
of enactments
In any enactment passed
or made before or after this Law, unless the context otherwise
requires –
“Chief Minister”
shall be construed in accordance with this Law;
“Council of
Ministers” shall be construed in accordance with this Law;
“a Minister”
and “any Minister” shall mean any Minister appointed under this
Law, including the Chief Minister;
“the Minister”,
without further description, shall mean the Minister for the time being
assigned responsibility for the functions of the Minister in the enactment in
which the expression appears.
Part 5
Powers, Privileges and
Immunities
33 Entry
to States
(1) Subject
to paragraph (3), no stranger shall be entitled, as of right, to enter or
to remain in the precincts of the States.
(2) Subject
to paragraph (3), the Bailiff may at any time order any stranger to
withdraw from the precincts of the States.
(3) Paragraphs (1)
and (2) shall not apply to a Jurat or an officer of the Bailiff’s
Department or Judicial Greffe passing through those parts of the building
giving direct access to the States’ chamber.
(4) A
person who –
(a) fails
to withdraw from the precincts of the States when ordered to do so by the
Bailiff; or
(b) contravenes
any provision of standing orders regulating the entry of strangers to or
requiring the withdrawal of strangers from the precincts of the States,
shall be guilty of an
offence and liable to imprisonment for a term of 3 months and a fine of level 2
on the standard scale.
34 Immunity
from legal proceedings
No civil or criminal
proceedings may be instituted against any member of the
States –
(a) for
any words spoken before or written in a report to the States or a committee or
panel established under standing orders; or
(b) by
reason of any other matter or thing brought by the member before or within the
States or any such committee or panel by petition, proposition or otherwise.
35 Minutes
of States etc. to be evidence
A copy of any minutes of
the States or of any committee or panel established under standing orders
signed by the Greffier of the States or as otherwise provided by standing
orders, shall be received in evidence without further proof.
36 Evidence
of proceedings not to be given without leave
(1) Subject
to this Part and standing orders, no member of the States or officer of the
States and no person employed to take minutes before the States or any
committee or panel established under standing orders shall give evidence
elsewhere –
(a) in
respect of the contents of such minutes or the contents of any document laid before
any of those bodies; or
(b) in
respect of any proceedings or examinations held before any of those bodies,
without the prior consent
of the body concerned.
(2) During
any period of the year when the States are not in session, the consent of the
States may be given by the Greffier of the States.
37 Offence
of printing false documents
(1) It
shall be an offence for a person –
(a) to
print or cause to be printed a copy of any enactment or other document as
purporting to have been printed by order or under the authority of the States
or of a committee or panel established under standing orders and the same is
not so printed;
(b) to
tender in evidence any such copy as purporting to be so printed, knowing that
the same was not so printed.
(2) A
person guilty of an offence under paragraph (1) shall be liable to
imprisonment for a term of 3 years and to a fine.
38 Protection
of persons responsible for States and other publications
(1) This
Article applies to civil or criminal proceedings instituted for or on account
or in respect of the publication by the defendant or the defendant’s
servant of any enactment or other document by order or under the authority of
the States or of a committee or panel established under standing orders.
(2) The
defendant may, on giving to the plaintiff or the person presenting the case or
prosecutor, as the case may be, not less than 24 hours written notice of his or
her intention, bring before the court in which such proceedings are taken a
certificate conforming to paragraph (3) and an affidavit conforming to
paragraph (4).
(3) The
certificate shall be signed by the Greffier of the States and shall state that
the enactment or document to which the proceedings relate was published by the
defendant or the defendant’s servant by order or under the authority of
the States or the committee or panel, as the case may be.
(4) The
affidavit shall verify the certificate.
(5) Upon
the defendant bringing the certificate and affidavit before the
court –
(a) the
court shall stay the proceedings; and
(b) the
proceedings shall be deemed to be finally determined.
39 Protection
in civil proceedings for publication without malice
(1) This
Article applies to civil proceedings instituted for publishing any account or
summary of or any extract from or abstract of any document published by order
or under the authority of the States or of a committee or panel established
under standing orders or any proceedings of any such body.
(2) The
court shall enter judgment for the defendant if satisfied that such account,
summary, extract or abstract was published bona fide
and without malice.
40 Exercise
of jurisdiction by courts
No person shall be
subject to the jurisdiction of any court in respect of the exercise of any
power conferred on or vested in that person by or under this Part.
Part 6
Officers of the States
41 Greffier
of the States
(1) There
shall be a Greffier of the States, who is the clerk of the States.
(2) There
shall be a Deputy Greffier of the States, who is the clerk-assistant of the
States.
(3) The
Greffier of the States shall be appointed by the Bailiff with the consent of
the States.
(4) The
Deputy Greffier of the States shall be appointed by the Greffier of the States
with the consent of the Bailiff.
(5) The
Greffier of the States and the Deputy Greffier of the States shall be appointed
on such terms and conditions as to salary, allowances, pensions or gratuities,
if any, as are determined by the States Employment Board after negotiation with
the Greffier of the States and the Deputy Greffier of the States respectively.[57]
(6) A
sufficient number of officers, who shall be persons who are States’
employees within the meaning of the Employment of States of
Jersey Employees (Jersey) Law 2005, shall be appointed to ensure the
service of the Greffier of the States and Deputy Greffier of the States.[58]
(7) An
officer shall not be appointed under paragraph (6) except with the consent
of the Greffier of the States.[59]
(8) An
officer who is appointed under paragraph (6) –
(a) shall
not have that appointment suspended or terminated; and
(b) while
so appointed shall not have his or her employment by the States Employment
Board suspended or terminated,
except with the consent of
the Greffier of the States.[60]
(9) An
officer who is appointed under paragraph (6) –
(a) shall
discharge his or her duties under that appointment under the direction and
general supervision of the Greffier of the States; and
(b) shall
not be directed or supervised in the discharge of those duties by the Chief
Executive Officer, the States Employment Board, a Minister or a person acting
on behalf of such a person.[61]
(10) The
Greffier of the States, Deputy Greffier of the States and officers appointed
under paragraph (6) shall be known as the States Greffe.
(11) The
Greffier of the States –
(a) may
be suspended from office by the Bailiff, who shall refer the matter to the
States at their next meeting; and
(b) may
be dismissed by the States.
(12) Any
discussion by the States with regard to the appointment, suspension or
dismissal of the Greffier of the States shall take place in camera.
(13) The
Deputy Greffier of the States may be suspended or dismissed by the Greffier of
the States with the consent of the Bailiff.
(14) In
the event of the absence or incapacity of the Greffier of the States the
functions of that office shall be discharged by the Deputy Greffier of the
States.
(15) In
the event of the absence or incapacity of the Greffier of the States and Deputy
Greffier of the States the functions of those offices shall be discharged by an
officer of the States Greffe appointed by the Bailiff as Acting Greffier of the
States.
(16) The
Greffier of the States and Deputy Greffier of the States shall, on assuming
office, take oath before the States in the form set out in Part 2 of
Schedule 2.
(17) An
Acting Greffier of the States shall, on assuming office, take oath before the
Bailiff in the form set out in Part 2 of Schedule 2.
(18) Notwithstanding
anything in any enactment the Deputy Greffier of the States, on the authority
of the Greffier of the States, may discharge any function appertaining to the
office of Greffier of the States.
42 Viscount
(1) The
Viscount is the executive officer of the States.
(2) The
Viscount shall, for the purposes of the enforcement of this Law and standing
orders have all the powers and enjoy all the privileges of a Centenier.
(3) The
Viscount shall not be subject to the jurisdiction of any court in respect of
the exercise of any power conferred on or vested in that person by this Law.
Part 7
supplementary
43 Powers
and Committees abolished
(1) There
shall be abolished any power of the Bailiff to dissent to a resolution of the
States.
(2) There
shall be abolished any power of the Lieutenant-Governor to veto a resolution of
the States.
(3) Subject
to any transitional provisions and savings made under Article 50(1)(c),
there shall be abolished any Committee of the States in existence immediately
before this Law comes into force.
44 Remuneration
of elected members[62]
(1) No
scheme, agreement or other arrangement whatsoever for the remuneration of, or
the payment of any allowance to, elected members out of the consolidated fund
shall provide for different elected members to be entitled to receive different
amounts of remuneration or allowance.
(2) In
paragraph (1), “remuneration” does not include payments out of
the consolidated fund –
(a) into
a superannuation fund or pension scheme, for the benefit of an elected member;
(b) to an
elected member, as an allowance in respect of his or her contributions to a
superannuation fund or pension scheme for his or her benefit.
45 [63]
46 [64]
47 Offence
of blackmail, menace or compulsion
A person who blackmails
or attempts to blackmail or who offers any threat, assault, obstruction or
molestation or attempt to compel by force or menace any member of the States,
member of a committee of inquiry established under standing orders or officer
of the States in order to influence him or her in his or her conduct as such
member or officer, or for, or in respect of the promotion of or of opposition
to any matter, proposition, question, bill, petition or other thing submitted
or intended to be submitted to the States, the Council of Ministers, the Chief
Minister, any other Minister, an Assistant Minister or any committee or panel
established under standing orders, or who is a party to such an offence, shall
be guilty of an offence and liable to imprisonment for a term of 5 years
and a fine.
48 Standing
orders
(1) The
States shall make standing orders to give effect to this Law and to regulate
their proceedings and business and the conduct of elected members.
(2) Standing
orders made under paragraph (1) shall –
(a) establish
a Privileges and Procedures Committee;
(b) require
the States to appoint an elected member, who is neither a Minister or Assistant
Minister, to be its chairman;
(c) require
the States to appoint to be members of such Committee –
(i) 4 elected members
who are not Ministers or Assistant Ministers, and
(ii) 2
elected members who are Ministers or Assistant Ministers;
(d) state
the terms of reference of such Committee.
(3) Standing
orders made under paragraph (1) shall –
(a) establish
a Public Accounts Committee;
(b) require
the States to appoint an elected member who is not a Minister or an Assistant
Minister to be chairman of such committee;
(c) require
the States to appoint at least 4 persons to be members of such Committee
of whom –
(i) 50% shall be
elected members, who are not Ministers or Assistant Ministers, and
(ii) 50%
shall be persons who are not members of the States;
(d) state
the terms of reference of such Committee.
(3A) Standing
orders made under paragraph (1) shall –
(a) establish
a Planning Committee;
(b) require
the States to appoint an elected member, who is not a Minister, to be its
chairman; and
(c) require
the States to appoint to be members of that Panel at least 3 and no more
than 9 elected members who are not Ministers.[65]
(4) Standing
orders made under paragraph (1) shall make provision for scrutiny, which
shall include provision for the agreement of a code of practice for engagement,
for the purposes of scrutiny, between elected members conducting scrutiny and
Ministers and Assistant Ministers.[66]
(5) Standing
orders made under paragraph (1) –
(a) shall
include provision requiring minutes of decisions of the States to be taken and
kept; and
(b) shall
include provision requiring written transcripts of proceedings of the States to
be prepared and kept.
(6) Standing
orders made under paragraph (1) may establish committees of inquiry, whose
members may or may not be members of the States.
(7) Standing
orders made under paragraph (1) may, but not by way of
limitation –
(a) prescribe
anything that shall or may be prescribed under this Law;
(b) establish
committees in addition to the committees described in the foregoing paragraphs;
(c) establish
the procedure for any appointment or dismissal under this Law or standing
orders;
(d) restrict
the eligibility of an elected member for any appointment under this Law or
standing orders;
(e) regulate
the entry of strangers to and require the withdrawal of strangers from the
precincts of the States.
(8) Notwithstanding
Article 3(1) of the Official Publications
(Jersey) Law 1960, the Greffier of the States shall not be required to
publish in the Jersey Gazette a notice relating to the passing of standing
orders.
(9) In
this Article “Minister” includes the Chief Minister.
49 Regulations:
powers, privileges and immunities
The States may by
Regulations –
(a) confer
on members of committees established by or in accordance with standing orders who
are not members of the States immunity from civil and criminal proceedings in
their capacity as members of such committees;
(b) disapply
Article 36(1) to evidence given before a committee or panel established by
or in accordance with standing orders;
(c) confer
powers on any committee or panel established by or in accordance with standing
orders to require any person to –
(i) appear
before it, and
(ii) give
evidence and produce documents to it;
(d) make
it an offence liable to imprisonment for a term of up to 2 years and to a
fine of up to level 3 on the standard scale for any person to –
(i) disobey
any lawful order made by a committee or panel established by or in accordance
with standing orders for attendance or for production of documents, or
(ii) refuse
to be examined before, or to answer any lawful and relevant question put by a
committee or panel established by or in accordance with standing orders;
(e) confer
on persons appearing before any committee or panel established by or in
accordance with standing orders immunity from civil and criminal proceedings
for words spoken before or in a written report to the committee or panel;
(f) confer
on persons appointed by any committee or panel established by or in accordance
with standing orders to advise the committee or panel on any technical matter,
immunity from civil and criminal proceedings when questioning persons appearing
before the committee or panel.[67]
50 Regulations:
transition and implementation
(1) The
States may by Regulations –
(a) provide
for the transfer, on the coming into force of Article 43(3), of functions
vested in Committees of the States to Ministers and, where appropriate, to the
Privileges and Procedures Committee and Public Accounts Committee established
by standing orders;
(b) amend
enactments, and provide for the construction of enactments of the United
Kingdom having effect in Jersey, for the purpose of implementing the repeal of
the States of Jersey Law 1966 and its replacement with this Law, in
particular, the abolition of Committees of the States and the establishment of
a ministerial system of government by this Law and of a Privileges and
Procedures Committee and Public Accounts Committee by standing orders; and
(c) make
such transitional provisions and savings as may be required upon the repeal the
States of Jersey Law 1966 and the coming into force of this Law.
(2) Regulations
made under paragraph (1)(a) may include provisions –
(a) for the transfer of any movable property
held, any rights enjoyed and any liabilities (whether civil or criminal)
incurred by a Committee of the States in connection with any function
transferred, including any such rights and liabilities in respect of which, at
the time of transfer, no claim has been made or no proceedings have been
commenced;
(b) for the carrying on and completion by or
under the authority of the Minister or Committee to whom functions are
transferred of anything commenced, before the Regulations have effect, by or
under authority of the Committee of the States from whom the functions are
transferred;
(c) without prejudice to the generality of
paragraph (1)(b), for the amendment of enactments relating to any
functions;
(d) without prejudice to the generality of
paragraph (1)(b), for the construction of enactments of the United Kingdom
having effect in Jersey relating to any functions transferred;
(e) for the construction and adaptation of any
instrument, contract or legal proceedings (whether civil or criminal) made or
commenced before the Regulations have effect.
(3) Without
prejudice to the generality of paragraph (1)(c), the States may by
Regulations modify Article 19 in its application to the first selection
and appointment of a Chief Minister and Ministers which takes place after this
Law comes into force.
(4) Regulations
made under this Article may include such ancillary, consequential and
supplementary provision as the States think fit.
51 Authority
for prosecutions
No prosecutions for an
offence under this Law or standing orders shall be instituted except by or with
the consent of the Attorney General.
51A Service of
documents on Ministers[68]
(1) The
Chief Minister shall by Order specify –
(a) the proper
address for the Chief Minister; and
(b) in
relation to each other Minister, the proper
address for that Minister.
(2) An
address specified by Order under paragraph (1) in relation to the Chief
Minister or a Minister is, for all purposes (including any enactment, whenever
passed or made) the proper address for service of documents on the Chief
Minister or that Minister.
52 Amendments
Schedule 3 shall
have effect to amend Orders in Council applicable to Jersey.
53 Citation
This Law may be cited as
the States of Jersey Law 2005.