Honorary Police
(Jersey) Regulations 2005
THE STATES, in pursuance of Article 4
of the Police Force (Jersey) Law 1974, have made the following
Regulations –
Commencement [see endnotes]
part 1
preliminary
1 Interpretation
In these Regulations, unless the context
otherwise requires –
“Association” means the Honorary Police Association;
“Chef de Police” means the Centenier of a parish
appointed by the Connétable of that parish to be the Chef de Police for
that parish;
“Comité”
means Le Comité des Chefs de Police;
“Law” means the Honorary Police (Jersey) Law 1974;
“member of the Honorary Police” means a Centenier, a
Vingtenier or a Constable’s Officer.
part 2
honorary police
2 Qualification
for election or re-election to office[1]
(1) Subject to
this Regulation and Regulation 4A, a person shall only be qualified for
election or re-election to office as a member of the Honorary Police of a
parish if –
(a) the
person resides in the parish; and
(b) on
the day of nomination as a candidate for election or re-election, the person
has attained the age of 20 but has not attained the age of 70.
(2) The
requirement for residence in paragraph (1) is subject to the Parish of St. Helier (Qualifications for
Office) (Jersey) Law 1976.
(3) Notwithstanding the
upper age limit in paragraph (1)(b) but subject to paragraph (4), a
member of the Honorary Police of a parish is qualified –
(a) for re-election
to the same office; or
(b) whilst
in office, for election to another office in the Honorary Police of that parish,
if on the day of nomination as a candidate that member has attained
the age of 70.
(4) If a member of the
Honorary Police to whom paragraph (3) applies is re-elected or elected (as
the case may be), that member is disqualified –
(a) on
the expiry of his or her term of office, for further re-election to that
office; or
(b) whilst
in office, for election to another office in the Honorary Police of that
parish.
3 Declaration
by candidates for election
A person seeking election as a member of the Honorary Police shall,
at the time of nomination, make a declaration in writing to the
Connétable of the parish concerned that he or she is not disqualified,
by virtue of these Regulations or any other enactment, for being so elected.
4 Honorary
Police Association[2]
(1) There is established an
association known as the Honorary Police Association of which every member of
the Honorary Police shall be a member.
(2) The Association
shall –
(a) seek
to strengthen and uphold the Honorary Police by fostering and maintaining the
unity of its members; and
(b) represent
its members in matters affecting their welfare and efficiency.
(3) The Association
shall make rules to regulate its management, proceedings and business.
(4) Rules made under
paragraph (3) shall not conflict with the Law, these Regulations and any
Regulations made under the Police (Complaints and Discipline) (Jersey)
Law 1999.
(5) The Attorney General may set aside any
decision of the Association at any time.
4A Continuation
in and election to office after ceasing to reside in parish[3]
(1) Notwithstanding the
requirement for residence in Regulation 2(1), a member of the Honorary Police
who, during his or her term of office, ceases to reside in the parish for which
he or she was elected shall continue to hold that office until –
(a) his
or her resignation in accordance with Regulation 5; or
(b) his
or her discharge from office by the Royal Court.
(2) Notwithstanding the
requirement for residence in Regulation 2(1), a member of the Honorary Police
who has ceased to reside in the parish for which he or she was elected shall
not, by reason only of ceasing to be resident there, be
disqualified –
(a) for
re-election to that office; or
(b) whilst
in office as a member of the Honorary Police of that parish, for election to
another office in the Honorary Police of that parish.[4]
(3) Paragraphs (1) and
(2) do not permit a person to hold office as a member of the Honorary Police of
more than one parish.
5 Resignation
A member of the Honorary Police may resign from office of his or her
own volition only if –
(a) the member has notified
the Connétable of the parish concerned and the Attorney General of the
reasons for wishing to do so; and
(b) those reasons are
accepted by the Attorney General.
part 3
chefs de police
6 Appointment
(1) The power of a
Connétable to appoint a Chef de Police shall be exercised whenever the
office of Chef de Police for the parish concerned is vacant.
(2) The Chef de Police may
be appointed for a specified term (not exceeding the remainder of the
person’s term of office as Centenier).
(3) If no term is specified
in the appointment of a person as Chef de Police, the person is taken to have
been appointed for a term equal to the remainder of the person’s term of
office as Centenier.
(4) The Connétable
shall inform the Attorney General in writing of his or her appointment of a
Chef de Police within 7 days after the appointment.
6A Functions[5]
A Chef de Police
shall –
(a) in so far as
circumstances permit, deliver the key aims and objectives of any policies of
the Connétable of the parish for the effective policing of the parish
and to enhance the policing service in the parish; and
(b) supervise and manage the members and
resources of the Honorary Police of the parish.
7 Consultation
before appointment
(1) The Connétable
shall consult the members of the Honorary Police of the parish concerned before
appointing a Chef de Police.
(2) The Connétable
may conduct the consultation in any way that the Connétable thinks fit.
(3) The Connétable
shall consider the advice of the members of the Honorary Police on the
appointment, but is not bound to follow that advice.
7A Appointment
of Centenier to discharge functions of Chef de Police[6]
(1) A Connétable
may, at any time when the Connétable is satisfied that the Chef de
Police is, or is about to be, unable for any reason to discharge the functions
of the Chef de Police, appoint a Centenier to discharge those functions.
(2) A Centenier appointed under
paragraph (1) shall discharge the functions of the Chef de Police only for
so long as the Connétable is satisfied that the Chef de Police is unable
to do so.
(3) The Connétable
shall, as soon as may be practicable, inform the Attorney General in writing
of –
(a) the
appointment of a Centenier to discharge the functions of the Chef de Police and
the date from which the Centenier discharges those functions; and
(b) the
date from which the Chef de Police resumes the discharge of those functions.
8 Comité
des Chefs de Police
(1) There is established a
Committee, known as Le Comité des Chefs de Police of which every Chef de
Police shall be a member.
(2) The Comité
shall –
(a) foster
co-operation with the States of Jersey Police Force and work with all appropriate
States or other community organisations; and
(b) promote
consistency and high standards of operational practice between the Honorary
Police of each parish.[7]
(3) The Comité
shall make rules to regulate its management, proceedings and business.[8]
(4) Rules made under
paragraph (3) must not conflict with the Law, these Regulations and any
Regulations made under the Police (Complaints and Discipline) (Jersey) Law
1999.[9]
(5) The quorum for a meeting
of the Comité is 7 members.[10]
(6) A decision of the
Comité made in accordance with its rules binds all the members of the
Comité.
(7) The Attorney General
may set aside any decision of the Comité at any time.
9 Vacation
of office
(1) A person vacates office
as Chef de Police –
(a) if
the term of the office comes to an end;
(b) if
the person resigns from the office;
(c) if
the person is removed from the office by the Connétable of the parish
concerned after the Connétable has consulted the Attorney General; or
(d) if
the person ceases to be a Centenier of the parish concerned.[11]
(2) A Connétable who
removes a person from the office of Chef de Police shall inform the Attorney
General in writing of the removal and shall do so within 7 days after the
removal.
(3) A person who vacates
office as Chef de Police shall, while the person is a Centenier of the parish
concerned, be eligible for re-appointment as Chef de Police.
part 4
concluding provisions
10 Application
and saving
(1) Part 3 shall apply
to or in respect of an appointment to the office of Chef de Police made at any
time after commencement of Part 3 and to or in respect of a person who is
the subject of such an appointment so made.
(2) In addition,
Regulation 9 shall apply to or in respect of a person who, after
commencement of Part 3, holds the office of Chef de Police by virtue of an
appointment to that office made before such commencement, but shall not have
any effect during, or in respect of, the period before commencement.
(3) These Regulations do
not affect the operation of any rule of customary law that is not inconsistent
with them.
11 Consequential
provision
The Association of Centeniers and the Association of Vingteniers and
Constable’s Officers shall be dissolved.
12 Citation
These Regulations may be cited as the Honorary Police (Jersey)
Regulations 2005.