States of Jersey
(Minister for External Relations and Financial Services) (Jersey)
Regulations 2013
1 Interpretation
In these Regulations “principal
Law” means the States of Jersey Law 2005.
2 Minister for External
Relations and Financial Services[3]
There is established a Minister for External Relations and Financial
Services.
3 Functions
of Minister for External Relations and Financial Services[4]
(1) The Minister for
External Relations and Financial Services shall, concurrently with the Chief
Minister, discharge the function described in Article 18(3)(b) of the
principal Law.[5]
(2) There shall be
transferred from the Chief Minister to the Minister for External Relations and
Financial Services the functions of the Chief Minister under the
following –
(a) the European
Communities Legislation (Implementation) (Jersey) Law 1996;
(b) the Community
Provisions (Restrictive Measures – North Korea) (Jersey)
Order 2007;
(c) the Taxation
(Agreements with European Union Member States) (Jersey) Regulations 2005;
(d) the Taxation (Double Taxation) (Jersey)
Regulations 2010;
(e) the Taxation (Exchange of Information with Third
Countries) (Jersey) Regulations 2008;
(f) the
Money Laundering and Weapons
Development (Directions) (Jersey) Law 2012;
(g) the Nuclear
Safeguards Act 2000 of the United Kingdom, as extended to Jersey by the Nuclear
Safeguards (Jersey) Order 2004;
(h) the Nuclear
Safeguards (Jersey) Order 2005;
(i) the
Terrorist Asset-Freezing
(Jersey) Law 2011;
(j) the
Crime and Security (Jersey)
Law 2003;
(k) the Iraq
(United Nations Sanctions) (Channel Islands) Order 2000 of the United
Kingdom;
(l) the
Iraq (United Nations Sanctions) (Channel Islands) Order 2003 of the United
Kingdom;
(m) the Al
Qa’ida and Taliban (United Nations Measures) (Channel Islands)
Order 2002 of the United Kingdom;
(n) the Democratic
Republic of the Congo (United Nations Sanctions) (Channel Islands)
Order 2003 of the United Kingdom;
(o) the
Democratic Republic of the Congo (United Nations Measures) (Channel Islands)
Order 2005 of the United Kingdom;
(p) the Lebanon
and Syria (United Nations Measures) (Channel Islands) Order 2006 of the
United Kingdom;
(q) the Liberia
(United Nations Sanctions) (Channel Islands) Order 2004 of the United
Kingdom;
(r) the
United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands)
Order 1996 of the United Kingdom;
(s) the Somalia
(United Nations Sanctions) (Channel Islands) Order 2002 of the United
Kingdom;
(t) the
Sudan (United Nations Measures) (Channel Islands) Order 2005 of the United
Kingdom;
(u) the Terrorism
(United Nations Measures) (Channel Islands) Order 2001 of the United
Kingdom;
(v) the Hong Kong Economic and Trade Office (Privileges
and Immunities) (Jersey) Law 1998;
(w) the Air
Navigation Order 2005 of the United Kingdom, as extended to Jersey by the Air
Navigation (Jersey) Order 2008;
(x) the Aviation
Security Act 1982 of the United Kingdom, as extended to Jersey by the Aviation
Security (Jersey) Order 1993;
(y) the Civil Aviation (Jersey) Law 2008.[6]
(3) All rights enjoyed and
liabilities incurred by the Chief Minister in connection with the functions
transferred by paragraph (2) shall be transferred to the Minister for
External Relations and Financial Services and become the rights and liabilities
of the Minister for External Relations and Financial Services.[7]
(4) A provision of a
contract or other instrument that specifies that a right or liability of the
Chief Minister is incapable of transfer shall, to the extent that it applies to
a right or liability transferred by paragraph (3), be of no effect.
(5) The operation of
paragraph (3) shall not be regarded –
(a) as a
breach of contract or confidence or otherwise as a civil wrong;
(b) as a
breach of any contractual provision prohibiting, restricting or regulating the
assignment or transfer of rights or liabilities; or
(c) as
giving rise to any remedy by a party to a contract or other instrument, as an
event of default under any contract or other instrument or as causing or
permitting the termination of any contract or other instrument, or of any obligation
or relationship.
4 Nuclear
Safeguards Act 2000 construed[8]
In the Nuclear Safeguards Act 2000 of the United Kingdom, as
extended to Jersey with modifications by the Nuclear Safeguards (Jersey)
Order 2004, a reference to the Policy and Resources Committee shall be
construed as a reference to the Minister for External Relations and Financial
Services.
5 United
Nations Measures and Sanctions – Orders in Council construed
(1) In the following
enactments of the United Kingdom, in the definition “licensing authority”,
a reference to the Policy and Resources Committee shall be construed as a
reference to the Minister for External Relations and Financial Services –
(a) article 4(1)
of the Iraq (United Nations Sanctions) (Channel Islands) Order 2003;
(b) article 2(1)
of the Al-Qa’ida and Taliban (United Nations Measures) (Channel Islands)
Order 2002;
(c) article 2(1)
of the Democratic Republic of the Congo (United Nations Sanctions) (Channel
Islands) Order 2003;
(d) article 2(1)
of the Democratic Republic of the Congo (United Nations Measures) (Channel
Islands) Order 2005;
(e) article 2(1)
of the Liberia (United Nations Sanctions) (Channel Islands) Order 2004;
(f) article 2(1)
of the Somalia (United Nations Sanctions) (Channel Islands) Order 2002;
(g) article 2(1)
of the Sudan (United Nations Measures) (Channel Islands) Order 2005; and
(h) article 2(1)
of the Terrorism (United Nations Measures) (Channel Islands) Order 2001.[9]
(2) In article 2 of
the Lebanon and Syria (United Nations Measures) (Channel Islands) Order 2006,
in the definition “relevant authority”, the reference to the Chief
Minister shall be construed as a reference to the Minister for External
Relations and Financial Services.[10]
(3) In article 2(1) of
the Iraq (United Nations Sanctions) (Channel Islands) Order 2000 as
amended by the Iraq (United Nations Sanctions) (Channel Islands)
Order 2003, in the definition “relevant enforcement
authority”, the reference to the Policy and Resources Committee shall be
construed as a reference to the Minister for External Relations and Financial
Services.[11]
(4) In the United Nations
Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands) Order 1996
a reference to the Policy and Resources Committee shall be construed as a
reference to the Minister for External Relations and Financial Services.[12]
6 Air
Navigation Order 2005 construed[13]
In the Air Navigation Order 2005 of the United Kingdom,
extended to Jersey with modifications by the Air Navigation (Jersey)
Order 2008, a reference to the Chief Minister shall be construed as a
reference to the Minister for External Relations and Financial Services.
7 Aviation
Security Act 1982 construed[14]
In the Aviation Security Act 1982 of the United Kingdom,
extended to Jersey with exceptions, adaptations and modifications by the Aviation
Security (Jersey) Order 1993, references to the Committee, other than the
references in section 21(6)(a) and in the definition “Airport
Director” in section 38(1), shall be construed as references to the Minister
for External Relations and Financial Services.
8 Citation[15]
These Regulations may be cited as the States of Jersey (Minister for
External Relations and Financial Services) (Jersey) Regulations 2013.