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STATES OF JERSEY
JERSEY CONSUMER COUNCIL: AMENDMENTS TO THE CONSTITUTION
Presented to the States on 22nd July 2014 by the Minister for Economic Development
STATES GREFFE
2014 Price code: C R.104
REPORT
Background
The Jersey Consumer Council (JCC) was originally established by Act of the States on 25th April 1995. In February 2011, the States adopted P.182/2010, which set out a new mandate for the JCC. It included for the first time a provision that the Chairman would be paid an honorarium and would not need to be a States member. Part of the proposition also required the Minister for Economic Development to take the necessary steps to establish the JCC as an appropriate legal entity. Subsequently in July 2011, the States adopted P.89/2011, which recommended that the JCC be established as an Incorporated Association under Article 4 of the Loi (1862) sur les teneures en fidéicommis et l'incorporation d'associations. The benefits of achieving this included greater independence, as well as the ability to enter into employment, research and consultancy contracts in its own right.
Following legal work on drafting a formal constitution, the Royal Court granted an Act of Incorporation on 11th November 2011 and directed that a copy of the Constitution be lodged with the Judicial Greffe.
On 31st January 2012 the States approved the appointment of Advocate Rose Colley as the second chairman of the JCC since its inception, and most significantly the first non-States member to undertake the role.
Constitution amendments
The Constitution sets out the legal structure of the JCC, including definitions, functions, responsibilities and membership. Article 8 deals specifically with amendments, and for ease of reference Article 8.1(c) reads as follows –
no amendment may be made without prior written notice to the Minister of the details of the proposed amendment.'
In early February 2014, the JCC Chairman and Executive Officer met with the Minister to set out initial ideas on reforming the membership Board and the reasons for the proposals. The key amendment was to remove the guaranteed seats available to specific organisations. It was accepted that, provided the JCC Board was in agreement with the changes, in particular from the organisations that would be relinquishing their guaranteed seats, the Minister would support the proposals.
Further to the February meeting and in line with Article 8.1(c), formal written notice of the proposed amendments to the Constitution has now been received by the Minister. Whilst the Constitution does not require the Minister to inform the States Assembly of the changes, it is nevertheless appropriate that the amendments are communicated to States members.
The report provided to the Minister by the JCC, as well as a copy of the amended Constitution, are attached for information.