Employment of
States of Jersey Employees (Transitional and Savings Provisions) (Jersey) Regulations
2005[1]
PART 1
INTRODUCTORY PROVISION
1 Interpretation
In these Regulations –
“commencement day”
means the 9th December 2005;
“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shall be enforceable or exercisable as if the contract had been originally made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it had been originally made by or on behalf of the States Employment Board with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, 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;
(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 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 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 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;
(b) the Civil
Service Administration (Pensions) (Interchange with United Kingdom Civil
Service) (Jersey) Rules 1956;
(c) the Pensionable
Employments (Interchange with British Local Government) (Jersey)
Rules 1961;
(d) the Civil
Service Administration (Pensions) (Jersey) Rules 1963;
(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 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
CONCLUDING PROVISION
8 Citation
These Regulations may be
cited as the Employment of States of Jersey Employees (Transitional and Savings
Provisions) (Jersey) Regulations 2005.