Police Force
(Jersey) Law 1974[1]
A LAW to make provision in relation to the policing of Jersey
Commencement
[see endnotes]
PART 1
General
1 Interpretation
In this Law, unless the context
otherwise requires –
“Chief Officer” means the Chief Officer of
the Force;
“designated Customs custody
facility” means any place that may be used for the purpose of detaining
arrested persons, by the Agent of the Impôts or any officer of the
Impôts, by virtue of the application of Article 33 of the Police
Procedures and Criminal Evidence (Jersey) Law 2003[2] by an Order made under Article 107 of that Law;
“Force” means the States of Jersey Police
Force;
“Minister” means the
Minister for Home Affairs;
“police officer” means a member of the
Honorary Police or a member of the Force;
“Port Control Officer” means a member of the
Port Control Unit;[3]
“Port Control Unit” means the Port Control
Unit established by Article 13 of this Law;[4]
“prescribed” means prescribed by Order;
“States Employment
Board” has the meaning assigned by Article 1 of the Employment of States
of Jersey Employees (Jersey) Law 2005[5].[6]
2 Duty
of police officer
It shall be the duty of a police
officer to the best of his or her power to cause the peace to be kept and preserved
and prevent all offences, whether common law or statutory, against the person
and property of Her Majesty’s subjects and to take all such lawful
measures as may be necessary for the purposes of bringing offenders with all
due speed to justice.
3 Power
of police officer
(1) Where
a police officer with reasonable cause suspects that any person has committed,
is committing or is about to commit, an offence the police officer may arrest
that person.
(2) There
shall be expressly reserved to a Connétable and a Centenier the powers
of –
(a) the customary right of search;
(b) the granting of bail to any person;
(c) the formal charging of any person with an
offence, without prejudice to the customary powers of the Attorney General in
the prosecution of offences.
(3) Subject
to the provisions of paragraph (2), a police officer shall have all other
powers and privileges relating to policing which a Connétable or
Centenier has by virtue of the common law or of any enactment for the time
being in force.
(4) Where
a Connétable or, in the Connétable’s absence, a Centenier
declines to charge any person, a member of the Force may refer the matter to
the Attorney General, who may give such directions to such persons as the
Attorney General thinks appropriate.
(5) The
Minister may make an agreement with a police force in any other part of the
British Islands, whereby there will, on request, be placed at the
Minister’s disposal members of that force for the purpose of enabling the
Force to meet any special demand on its resources, and in any such case those
members shall, during their period of duty in Jersey, carry out the duties and
possess the powers and privileges of a police officer.[7]
PART 2
The Honorary Police
4 Composition
of Honorary Police
(1) The
Honorary Police shall comprise, as hitherto, one Connétable for each parish
in Jersey and such number of Centeniers, Vingteniers and Constable’s
Officers for each parish or Vingtaine as the States shall specify by law.
(2) Except
as provided in the Centeniers (Terms of Office) (Jersey) Law 2007[8]
and the Connétables (Jersey) Law 2008[9], members of the Honorary Police shall continue to be elected in the
manner specified prior to the coming into force of this Law.[10]
(3) Subject
to paragraph (4), the Honorary Police shall be under the general supervision
of the Attorney General.
(4) The
States may make Regulations as to the administration and conditions of service
of members of the Honorary Police and in particular, but without prejudice to
the generality of the foregoing, as to the qualifications for election, and the
retirement of members of the Honorary Police.[11]
5 Jurisdiction[12]
(1) A
member of the Honorary Police of a parish shall be empowered to act within the
territorial limits of that parish.
(2) For
the purposes of paragraph (1), the territorial limits of a parish
include –
(a) the headquarters for the time being of the
Force;
(b) any police station for the time being used
by the Force;
(c) any designated Customs custody facility;
(d) any building for the time being designated
by the States as a place for use by the Magistrate’s Court;
(e) the General Hospital;
(f) the prison (as defined in the Prison
(Jersey) Law 1957[13]).
(3) A
member of the Honorary Police of a parish shall also be empowered –
(a) to pursue into any other parish and there
arrest any person who has committed, or whom the member of the Honorary Police
has reasonable cause to suspect of having committed, or of having been about to
commit, any offence; and
(b) to continue investigations into any matter
in any other parish, where those investigations started in the parish for which
he or she is such a member.
(4) A
member of the Honorary Police of a parish shall also be empowered to exercise
the powers of a member of the Honorary Police of another parish if the member,
whilst in that other parish –
(a) encounters a person whom the member
reasonably believes is in the act of committing an offence against another
person or against another person’s property or to have just committed
such an offence; or
(b) is at the scene of an incident and
reasonably believes that the immediate exercise of those powers is necessary in
the interests of public order or safety.
(5) A
member of the Honorary Police who decides to exercise the powers conferred by
paragraph (4) shall inform the Connétable or a Centenier of the
parish in which the powers are to be exercised –
(a) before acting upon that decision or,
(b) where it is not practicable to do so before
so acting, as soon as possible afterwards.
5A Requests
for assistance[14]
(1) The
Connétable or a Centenier of a parish (the ‘requesting
parish’) may request the Connétable or a Centenier of another
parish (the ‘assisting parish’) to place at the disposal of the
requesting parish members of the Honorary Police of the assisting parish, for
the purpose of meeting any policing need in the requesting parish.
(2) A
Centenier of a requesting parish shall, no later than 24 hours after he or
she has made a request under paragraph (1), inform the Connétable
and (unless the Centenier is the Chef de Police) the Chef de Police of the
requesting parish.
(3) A
Centenier of an assisting parish who accedes to a request under
paragraph (1) shall, no later than 24 hours after doing so, inform
the Connétable and (unless the Centenier is the Chef de Police) the Chef
de Police of the assisting parish.
(4) A
member of the Honorary Police of an assisting parish shall, from the time when
he or she is placed at the disposal of a requesting parish to the time when he
or she is ordered to stand down, have all the powers and duties of a member of
the Honorary Police of the requesting parish.
(5) The
Connétable or a Centenier of an assisting parish may, at any time when a
member of the Honorary Police of that parish is placed at the disposal of a
requesting parish, request the Connétable or the Chef de Police of the
requesting parish to order the member to stand down.
(6) A
Connétable or Chef de Police shall comply with a request made under
paragraph (5) as soon as is practicable.
(7) The
Connétable or Chef de Police of a requesting parish may order a member
of the Honorary Police who has been placed at the disposal of the requesting
parish to stand down before the policing need is fully met.
(8) A
Connétable or Chef de Police who orders a member of the Honorary Police
to stand down under paragraph (7) shall, no later than 24 hours after
doing so, inform the Connétable or Chef de Police of the assisting
parish of the order.
6 Prescribed
offences
Where a member of the Honorary
Police on investigating any occurrence has cause to believe that any prescribed
offence has been or is about to be committed the member of the Honorary Police
shall immediately request the assistance of the Force.
7 Report
of occurrences
(1) The
Chief Officer shall inform a Connétable as soon as may be of the details
of any occurrence in his or her parish which required action by the Force and
of any investigations which are being conducted by the Force in the Connétable’s
parish.
(2) The
Connétable of each parish shall inform the Chief Officer as soon as may
be of the details of any occurrence (other than one of a trivial nature) in the
Connétable’s parish which required action by the Honorary Police.
PART 3
The States of Jersey Police
Force
8 Duties
and powers of Minister
(1) It
shall be the duty of the Minister to secure the maintenance of an adequate and
efficient Force in Jersey and for this purpose the Minister may –
(a) provide and maintain such buildings,
structures and premises and make such alterations to any buildings, structures
or premises already provided, as may be required;
(b) provide and maintain such vehicles,
apparatus, clothing, equipment and other articles as may be required.
(2) The
Minister shall determine the ranks in the Force and the number of persons of
each rank which is to constitute the establishment of the Force.
(2A) The
States Employment Board shall under this paragraph determine the pay,
conditions and gratuities of the members of the Force, other than the Chief Officer
and the Deputy Chief Officer.
(3) The
Minister may by Order make provision for any matter which it considers
necessary for the proper administration of the Force and generally for the
purpose of carrying this Law into effect and, in particular, but without
prejudice to the generality of the foregoing, may make provision for –
(a) the retirement of members of the Force and
for the payment of pensions and gratuities;
(b) the qualifications for appointment and
promotion of members of the Force. [15]
9 The
Chief Officer and Deputy Chief Officer
(1) The
Chief Officer shall be appointed by the States on such terms as to salary and
conditions of service as the States Employment Board may from time to time
determine.
(2) The
Chief Officer may be suspended from office by the Minister who shall refer the
matter to the States at their next Sitting and may be dismissed from office by
the States.
(3) The
Chief Officer shall be responsible to the Minister for the general
administration and the discipline, training and organisation of the Force and
of the Port Control Unit.[16]
(4) Any
discussion in the States regarding the appointment, suspension or dismissal of
the Chief Officer shall take place in camera.
(5) The
Deputy Chief Officer shall be appointed by the Minister on such terms as to
salary and conditions of service as the States Employment Board may, from time
to time, determine.[17]
(6) In
the event of the absence, incapacity, suspension or vacancy in the office of
the Chief Officer, the functions of that office shall be discharged by the
Deputy Chief Officer.[18]
10 Jurisdiction
A member of the Force shall be
empowered to act within the territorial limits of Jersey.
11 The Police
Negotiating Board
The Police Negotiating Board (the
Board), to which the provisions of Schedule 2
shall apply, is established.[19]
PART 4[20]
Port
Control Unit
12 Interpretation[21]
For the purposes of this Part of
this Law –
“aerodrome” has the
meaning assigned to it by the Aerodromes
(Administration) (Jersey) Law 1952;[22]
“Airport Director”
has the meaning it has in the Aerodromes
(Administration) (Jersey) Law 1952 and includes a person appointed
to act as a Deputy Airport Director under Article 2(4) of that Law;
“harbour” means any
harbour, whether natural or artificial, and includes any port, dock, pier,
jetty or quay;
“Harbour Master” has
the meaning it has in the Harbours
(Administration) (Jersey) Law 1961[23] and includes a person acting under that Law as the Harbour Master.
13 Establishment of
Port Control Unit[24]
There is established by this Law a
Port Control Unit (in this Part of this Law referred to as the “Unit”)
comprised of Port Control Officers having the duties and powers specified in Articles 16
and 17.
14 Duties and powers
of Minister[25]
(1) The
Minister may for the purpose of maintaining an adequate and efficient Unit –
(a) provide and maintain such buildings,
structures and premises and make such alterations to any buildings, structures
or premises already provided, as may be required;
(b) provide and maintain such vehicles,
apparatus, clothing, equipment and other articles as may be required.
(2) The
Minister shall determine the number of persons which is to constitute the
establishment of the Unit.
(3) The
Minister may determine a rank structure for the Unit and the number of persons
in each rank.
(3A) The
States Employment Board shall determine the scale of pay for each rank and the
conditions of members of the Unit.
(4) The
Minister may by Order make provision for any matter which it considers
necessary for the proper administration of the Unit and generally for carrying
this Part of this Law into effect and, in particular, but without prejudice to
the generality of the foregoing, for the qualifications for appointment and
promotion of Port Control Officers.[26]
15 Jurisdiction[27]
A Port Control Officer shall be
empowered to act within the limits of every aerodrome and harbour in Jersey:
Provided that the Port Control
Officer shall be empowered to pursue beyond those limits and there arrest any person
who has committed, or whom the Port Control Officer has reasonable cause to
suspect of having committed, or having been about to commit, an offence within
those limits, and has absconded.
16 Duty of Port
Control Officer[28]
(1) It
shall be the duty of a Port Control Officer within the limits of the Port
Control Officer’s jurisdiction and subject to the provisions of paragraph (2)
and Article 17, to the best of his or her power to cause the peace to be
kept and preserved and prevent all offences, whether common law or statutory,
against the person and property of Her Majesty’s subjects.
(2) A
Port Control Officer shall act in accordance with directions given by or on
behalf of the Chief Officer and shall obey a lawful order of any police officer
of the rank of sergeant or above.
17 Powers of Port
Control Officer[29]
(1) Subject
to the provisions of Article 15 –
(a) if a Port Control Officer with reasonable
cause suspects that any person has committed, is committing, or is about to
commit an offence the Port Control Officer shall demand that the person
furnishes to the officer the person’s name and address and shall report
the matter to a member of the Force and the Airport Director or the Harbour
Master, as the case may be;
(b) if a person whom a Port Control Officer with
reasonable cause suspects has committed, is committing, or is about to commit,
an offence, refuses, on being so required by that officer, to give the person’s
name and address, or gives a name and address which the officer believes to be
false or tries to abscond, the officer may arrest that person and shall
immediately inform a member of the Force and the Airport Director or the
Harbour Master, as the case may be, of the action the Port Control Officer has
taken;
(c) a Port Control Officer may arrest a person
whom the officer, with reasonable cause, suspects to have committed, or to be
committing, or to be about to commit a serious offence and shall immediately
inform a member of the Force and the Airport Director or the Harbour Master, as
the case may be, of the action the Port Control Officer has taken.
(2) For
the purposes of paragraph (1) –
“serious offence”
means an offence for which the sentence is fixed by law or for which a person,
not previously convicted, may be sentenced to a term of imprisonment.
18 Property in possession
of Port Control Officer[30]
Any property which comes into the
possession of a Port Control Officer in the course of the officer’s
duties, and the owner of which cannot be ascertained or found, shall immediately
be forwarded to the headquarters for the time being of the Force, and the
provisions of Article 20 shall apply to such property.
19 Offences[31]
(1) Article 23
shall apply to a Port Control Officer as it applies to a police officer, and Article 24
shall apply to the Port Control Unit as it applies to the police.
(2) Any
person who fails to comply with the lawful orders or directions of a Port
Control Officer shall be guilty of an offence and liable to a fine not
exceeding £50.
PART 5
Miscellaneous
20 Property in possession
of Police
(1) The
States may make Regulations for the disposal of property which has come into
the possession of a police officer in cases where the owner of the property
cannot be ascertained or found.
(2) Without
prejudice to the generality of paragraph (1), any such Regulations may
include a power to dispose of such property by sale and for the proceeds of
such sale to be credited to such account as the Regulations may specify.
21 Remedies against members
of the Force and Port Control Officers[32]
(1) The
Chief Officer shall be liable in respect of torts committed by members of the
Force and Port Control Officers in the performance or purported performance of
their functions in the same manner as a master is liable in respect of torts
committed by the master’s servants in the course of their employment, and
shall in respect of any such tort be treated for all purposes as a joint
tortfeasor.
(2) There
shall be paid out of funds provided by the Minister –
(a) any
damages or costs awarded against the Chief Officer in any proceedings brought
against the Chief Officer by virtue of this Article and any costs incurred by the
Chief Officer in any such proceedings so far as not recovered by the Chief
Officer in the proceedings; and
(b) any
sum required in connection with the settlement of any claim made against the
Chief Officer by virtue of this Article, if the settlement is approved by the Minister.
(3) Any
proceedings in respect of a claim made by virtue of this Article shall be
brought against the Chief Officer for the time being, or in the case of a
vacancy in that office, against the person for the time being performing the
functions of the Chief Officer; and references in paragraphs (1) and (2)
to the Chief Officer shall be construed accordingly.
(4) The
Minister may, in such cases and to such extent as the Minister thinks fit, pay
any damages or costs awarded against a member of the Force or a Port Control Officer
in proceedings for a tort committed by the member of the Force or the Port Control
Officer, any costs incurred and not recovered by the member of the Force or the
Port Control Officer in any such proceedings, and any sum required in
connection with the settlement of any claim that has or might have given rise
to such proceedings; and any sum required for making a payment under this paragraph
shall be paid out of funds provided by the Minister.
22 Remedies against members
of the Honorary Police[33]
(1) The
Connétable of each parish shall be liable in respect of torts committed
by members of the Honorary Police of the Connétable’s parish in
performance or purported performance of their functions in the same manner as a
master is liable in respect of torts committed by the master’s servants
in the course of their employment, and shall in respect of any such tort be
treated for all purposes as a joint tortfeasor.
(2) There
shall be paid out of funds provided by each parish –
(a) any
damages or costs awarded against the Connétable of the parish in any
proceedings brought against the Connétable by virtue of this Article
and any costs incurred by the Connétable in any such proceedings
so far as not recovered by the Connétable in the proceedings; and
(b) any
sum required in connection with the settlement of any claim made against the
Connétable of the parish by virtue of this Article if the settlement is
approved by the Procureurs du Bien Public of the parish.
(3) Any
proceedings in respect of a claim made by virtue of this Article shall be
brought against the Connétable for the time being or, in the case of a
vacancy in that office, against the senior officer of the Honorary Police of
the parish; and references in paragraphs (1) and (2) to the
Connétable shall be construed accordingly.
(4) A
parish may, in such cases and to such extent as the Parish Assembly shall think
fit, pay any damages or costs awarded against a member of the Honorary Police
of that parish, in proceedings for a tort committed by the member of the
Honorary Police, any costs incurred and not recovered by the member in such
proceedings, and any sum required in connection with the settlement of any
claim that has or might have given rise to such proceedings; and any sum
required for making a payment under this paragraph shall be paid out of funds
provided by that parish.
(5) In
this Article –
(a) any reference to a member of the Honorary
Police of a parish includes a reference to a member of the Honorary Police of
another parish whilst he or she is placed at the disposal of the
first-mentioned parish pursuant to Article 5A; and
(b) any reference to a tort committed by a
member of the Honorary Police of a parish includes, where the member of the
Honorary Police is acting as described in sub-paragraph (a), a reference
to a tort committed by that member whilst so acting.[34]
23 Impersonation
etc. of police officer
(1) Any
person who with intent to deceive impersonates a police officer, or makes any
statement or does any act calculated falsely to suggest that the person is a
police officer, shall be guilty of an offence and liable to imprisonment for a
term not exceeding 6 months or to a fine not exceeding £100, or to both.
(2) Any
person who, not being a police officer, wears any article of police uniform in
circumstances where it gives the person an appearance so nearly resembling that
of a police officer as to be calculated to deceive, shall be guilty of an
offence and liable to a fine not exceeding £100.
(3) Any
person who, not being a police officer, has in his or her possession any article
of police uniform shall, unless the person proves that he or she obtained
possession of that article lawfully and has possession of it for a lawful
purpose, be guilty of an offence and liable to a fine not exceeding £20.
(4) In
this Article “article of police uniform” means any article of uniform
or any distinctive badge or mark or document of identification usually issued
to a police officer or anything having the appearance of such an article,
badge, mark or document.
24 Wasting Police time[35]
(1) Any
person who causes any wasteful employment of the police by knowingly making to
any person a false report tending to show that an offence has been committed,
or to give rise to apprehension for the safety of any persons or property, or
tending to show that the person has information material to any police inquiry,
shall be guilty of an offence and shall be liable to imprisonment for not more
than 6 months or to a fine of not more than £200, or both.
(2) No
proceedings shall be instituted for an offence under this Article except by or
with the consent of the Attorney General.
25 Oath of Office[36]
(1) A
member of the Force shall, on taking office, take oath in the form set out in
Form 1 in Schedule 1.
(2) A
Port Control Officer shall, on being appointed, take oath in the form set out
in Form 2 in Schedule 1.
26 Restriction on taking
other employment[37]
No member of the Force or Port Control
Officer shall engage in any undertaking, trade, profession, occupation or
employment of any nature without the consent of the Chief Officer.
27 Associations[38]
(1) There
shall be a –
(a) States of Jersey Police Association; and
(b) Port Control Officers’ Association,
for the purposes of representing
members of the Force or Port Control Officers, as the case may be, in all
matters affecting their welfare and efficiency, other than questions of
discipline and promotion affecting individuals.
(2) Subject
to the provisions of paragraph (1), no member of the Force or Port Control
Officer shall be a member of any trade union, or of any association having for
its object, or one of its objects, to control or influence the pay, pensions or
conditions of service of the Force or the Port Control Unit as the case may be.
28 Orders
(1) The
Minister may make Orders for any matter which by this Law is to be prescribed:
Provided that no Order shall be
made under Article 6 except after consultation with the Connétables
of Jersey.
(2) The
Subordinate Legislation (Jersey)
Law 1960,[39] shall apply to any Order made under this Law.
29 Attendance at meetings
of the Minister[40]
The Attorney General and the
Solicitor General shall be entitled to attend, in a consultative capacity, any
meeting of the Minister at which any matter arising under this Law is to be
considered.
30 Citation
This Law may be cited as the Police
Force (Jersey) Law 1974.
SCHEDULE 1[41]
FORMS
(Article 25)
FORM 1
Oath of Office of member of
Force
You swear and promise before God
that well and faithfully you will exercise the office of a Member of the States
of Jersey Police Force, that you will faithfully serve Her Majesty Queen
Elizabeth the Second, her heirs and successors according to law, and that you
will carry out your duties with courage, fairness and integrity, protecting
human rights and according equal respect to all people. You will to the best of
your ability uphold the laws and usages of Jersey, cause the peace to be kept,
prevent offences against people and property and seek to bring offenders to
justice according to law.[42]
FORM 2
Oath of Office of Port Control
Officer
You swear and promise before God
that well and faithfully you will discharge the duties of a Port Control Officer
and that you will be faithful and bear true allegiance to Her Majesty Queen
Elizabeth the Second, her heirs and successors, according to law.
SCHEDULE 2[43]
(Article 11)
The Police Negotiating
Board
1 Constitution
(1) The
Board consists of an Official Side and a Staff Side.
(1A) The
Official Side shall consist of 4 members of whom –
(a) 2 shall be appointed by the Minister; and
(b) 2 shall be appointed by the States
Employment Board.
(1B) The
Staff Side shall consist of 4 members appointed by the States of Jersey Police
Association (the “Association”) from among the members of the
Association.
(2) If
a member of the Board is unable to attend any meeting, the body which appointed
the member shall be entitled to appoint a substitute for that meeting who shall
have all the powers of a member, but if no substitute is appointed the
proceedings of the Board at that meeting will not be invalidated as a result.
(3) A
member of the Official Side shall hold office for 3 years from the triennial
election by the States of Jersey of a new Council of Ministers and is eligible
for re-appointment and a member of the Staff Side shall hold office for a
period determined by the Association.
(4) A
member may resign his or her office by giving written notice to the body which
appointed the member and may be removed from office by that body.
(5) Any
casual vacancy shall be filled by appointment of a new member by the body which
appointed the member who has vacated the member’s office and the new
member shall hold office until the next election of a new Council of Ministers,
if a member of the Official Side, or for a period determined by the
Association, if a member of the Staff Side.
(6) The
Chief Officer of the Force, or the Chief Officer’s deputy, are not
eligible for membership of the Board but may attend any meeting and shall
provide independent advice and information at the request of either Side.
(7) Each
Side may appoint an adviser or advisers to attend meetings and assist the Board
on specific matters and an adviser may take part in discussions on the specific
matter in question but is not a member of the Board.
2 Functions
(1) The
functions of the Board are to negotiate and make recommendations to the States
Employment Board on –
(a) the pay, terms and conditions of service for
all members of the force represented by the Association; and
(b) any other related matters that the States
Employment Board and the Association agree should be referred to the Board for
a recommendation.
(2) The
functions of the Board are limited to making non-binding recommendations on the
matters referred to in sub-paragraph (1) for consideration by the States
Employment Board.
3 Officers
(1) The
Board shall appoint Joint Secretaries and any other officers as may be
necessary.
(2) Until
secretaries are appointed the Director of Employee Relations, Human Resources
Department, shall act as the Official Side Secretary and a member of the Staff
Side shall act as the Staff Side Secretary.
4 Conduct of business
(1) The
quorum of the Board shall be 2 members from each Side.
(2) Every
question before the Board is to be decided by the opinion of a majority of the
members of the Board present.
(3) Other
than the matters provided for by sub-paragraphs (1) and (2) the Board
may regulate its own procedure.
(4) For
each pay period the Association shall submit a written claim, for consideration
by the States Employment Board, or receive a written offer from the States
Employment Board.
(5) Unless
the claim or offer is agreed by both the Association and the States Employment
Board beforehand, a meeting of the Board shall take place within one month of
the claim or offer being put forward.
(6) Any
other matter which the States Employment Board and the Association agree to be
referred to the Board shall be notified to the Board and the Joint Secretaries
shall convene a meeting of the Board to discuss the matter not more than one
month after the matter has been notified.
(7) At
the end of each meeting, the decisions of the Board shall be verbally agreed
and recorded by the representatives of both Sides and those decisions shall be
subsequently confirmed in correspondence between the Joint Secretaries as soon
as practicable but not later than 2 weeks after the meeting.
(8) Once
the Board has reached an agreement on a recommendation for consideration by the
States Employment Board, the Joint Secretaries shall prepare and sign a report
for submission to the States Employment Board.
(9) The
States Employment Board shall consider the recommendation of the Board and
determine, where appropriate, any variation in the appropriate scales of pay or
other terms and conditions of service.
(10) The
new scales of pay or terms and conditions of service shall take effect from a
date determined by the States Employment Board.
5 Failure to agree
(1) The
procedures set out below are to be followed in the event that –
(a) the Board fails to reach agreement on a
recommendation for submission to the States Employment Board; or
(b) the States Employment Board determines
scales of pay or other terms and conditions of service which differ from the
recommendation of the Board or which are not acceptable to the Association.
(2) The
Board shall be reconvened in order to identify common ground and seek any
further opportunities for a negotiated settlement but if there is no agreement,
either Side may declare a “dispute”, whereupon the Board shall
attempt to determine and recommend agreed terms to the States Employment Board
for independent conciliation.
6 Conciliation
(1) An
independent conciliator shall be appointed by the Board to liaise with both
Sides of the Board and preside at meetings of the Board with a view to
achieving an agreed settlement but the independent conciliator will not have a
vote at any meeting.
(2) Where
the Board is able to identify an agreed recommendation with the assistance of
the conciliator, the procedures set out in paragraph 4 shall be followed.
(3) All
reasonable expenses incurred in connection with the conciliation shall be met
by the States Employment Board.
7 Arbitration
(1) Where
the Board fails to reach agreement through conciliation on a recommendation for
submission to the States Employment Board or the States Employment Board
determines scales of pay or other terms and conditions of service which differ
from the recommendation of the Board following conciliation or which are not
acceptable to the Association, either Side shall have the right of recourse to
independent arbitration.
(2) The
Board shall recommend the terms of reference for independent arbitration to the
States Employment Board.
(3) Arbitration
shall be by a panel consisting of an independent Chairman recommended by the
Board and appointed by the States Employment Board and one member nominated by
each Side.
(4) The
procedures for the arbitration shall be determined by the independent Chairman.
(5) The
arbitration shall commence within 2 months of the Chairman’s appointment,
unless the Board decides otherwise.
(6) All
reasonable expenses incurred in connection with the arbitration shall be met by
the States Employment Board.
(7) The
States Employment Board is not bound by the award of an arbitration panel, but the
States Employment Board shall take that award into account in the exercise of its
functions under this Law to determine the appropriate scale of pay for each
rank and other terms and conditions of service and shall only decide not to
implement the arbitration award, or any part of it, in exceptional
circumstances.
(8) The
findings of the arbitration panel shall be binding on the Association.
8 Conclusion of pay
negotiations
The Joint Secretaries of the Board
shall jointly sign a document setting out any variation to existing scales of
pay or terms and conditions of service of the Force and any new scales of pay
applicable, which shall be ratified by the States Employment Board.