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Notice in accordance with Article 29A(3) of the States of Jersey Law 2005 of the intention to make an Order to transfer legislative functions from the Chief Minister to the Minister for External Relations

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STATES OF JERSEY

NOTICE IN ACCORDANCE WITH ARTICLE 29A(3) OF THE STATES OF JERSEY LAW 2005 OF THE INTENTION TO MAKE AN ORDER TO TRANSFER LEGISLATIVE FUNCTIONS FROM THE CHIEF MINISTER TO THE MINISTER FOR EXTERNAL RELATIONS

Presented to the States on 10th May 2019 by the Chief Minister

STATES GREFFE

2019  R.53

2

REPORT

A number of changes have been announced to ministerial responsibilities since the formation of the new Government, supporting the Council of Ministers to deliver on its priorities.

These changes have included the transfer of responsibilities for financial services to the Minister for External Relations.

This is designed to better protect and promote internationally our financial services industry, especially in a Brexit and post-Brexit environment, recognising the industry's importance as the Island's largest employer and a mainstay of our economy.

The Minister for External Relations will also assume responsibilities for the Charities (Jersey) Law 2014 and related policy, noting his expertise in the area.

In accordance with Article 29A(3) of the States of Jersey Law 2005, the Chief Minister now wishes to present the draft Order to the States, so as to provide 2 weeks' notice of the intention to make the Order and thereby transfer statutory responsibilities for the legislation listed within it to the Minister for External Relations.

The Order is therefore attached for the information of Members as the Appendix to this Report.

R.53/2019

APPENDIX

DRAFT STATES OF JERSEY (TRANSFER OF RESPONSIBILITIES AND FUNCTIONS)

(CHIEF MINISTER TO EXTERNAL RELATIONS) ORDER 201-

Explanatory Note

This Order transfers the responsibilities and functions of the Chief Minister under various  finance-  and  business-related  enactments  to  the  Minister  for  External Relations.

Article 1 defines the Chief Minister as the "transferring Minister" and the Minister for External Relations as the "receiving Minister".

Article 2  effects  the  transfer  to  the  receiving  Minister  of  the  responsibilities  and functions under enactments set out in Schedule 1, and also refers to the amendments set out in Schedule 2 which are consequential to that transfer.

Article 3 transfers to the receiving Minister any rights enjoyed and liabilities incurred by  the  transferring  Minister  in connection  with the  responsibilities  and  functions transferred by Article 2.

Article 4 provides for the continuity of any appointment, approval or other decision made,  or  authority  to  do  anything  given,  by  the  transferring  Minister  under  the enactments  covered  by  this  Order  and  substitutes  the  receiving  Minister  for  the transferring Minister in any ongoing legal proceedings.

Article 5 sets out the name by which this Order may be cited.

Under Article 1(6) of the Interpretation (Jersey) Law 1954, this Order comes into force on the day it is made.

Functions) (Chief Minister to External Relations) Order 201-  Arrangement

DRAFT STATES OF JERSEY (TRANSFER OF RESPONSIBILITIES AND FUNCTIONS)

(CHIEF MINISTER TO EXTERNAL RELATIONS) ORDER 201-

Arrangement

Article

1  Interpretation ...................................................................................................5 2  Responsibilities and functions transferred ......................................................5 3  Connected rights and liabilities transferred .....................................................5 4  Transitional provisions ....................................................................................6 5  Citation ............................................................................................................6

SCHEDULE 1  7 ENACTMENTS  7

SCHEDULE 2  8 CONSEQUENTIAL AMENDMENTS  8

1  Definitions of "Minister" amended .................................................................8 2  Various enactments amended ..........................................................................9 3  Definition of "Minister" inserted into Limited Liability Partnerships

(Jersey) Law 2017 ...........................................................................................9 4  Proceeds of Crime (Jersey) Law 1999 amended .............................................9 5  Money Laundering (Jersey) Order 2008 amended ..........................................9

Functions) (Chief Minister to External Relations) Order 201-  Article 1

DRAFT STATES OF JERSEY (TRANSFER OF RESPONSIBILITIES AND FUNCTIONS)

(CHIEF MINISTER TO EXTERNAL RELATIONS) ORDER 201-

Made  [date to be inserted] Coming into force  [date to be inserted]

THE CHIEF MINISTER, in pursuance of Article 29A of the States of Jersey Law 2005, orders as follows –

1  Interpretation

In this Order –

"receiving Minister" means the Minister for External Relations; "transferring Minister" means the Chief Minister.

2  Responsibilities and functions transferred

  1. There are transferred to the receiving Minister the responsibilities and functions of the transferring Minister under the enactments set out in Schedule 1.
  2. Schedule 2 contains consequential amendments.

3  Connected rights and liabilities transferred

  1. All rights enjoyed and liabilities incurred by the transferring Minister in connection with the responsibilities and functions transferred by Article 2 are  transferred  to  the  receiving  Minister  and  become  the  rights  and liabilities of the receiving Minister.
  2. A provision of a contract or other instrument that specifies that a right or liability of the transferring Minister is incapable of transfer is, to the extent that it applies to a right or liability transferred by paragraph (1), of no effect.
  3. The operation of paragraph (1) is not to be regarded –
  1. as a breach of contract or confidence or otherwise as a civil wrong;

Article 4  Functions) (Chief Minister to External Relations) Order 201-

  1. as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of rights or liabilities; or
  2. 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  Transitional provisions

  1. The transfers effected by Article 2 do not prejudice the operation of any appointment, approval, authorisation, consent, delegation, determination, direction, instruction, requirement or other thing that is, before this Order comes into force, made, given or done by the transferring Minister in relation  to  the  responsibilities,  functions,  rights  and  liabilities  so transferred, but any such matter, if then in force, continues in force to the like extent and subject to the like provisions as if it had been duly made, given or done by the receiving Minister.
  2. Anything commenced before this Order comes into force by or under the authority of the transferring Minister may, so far as it relates to any of the responsibilities, functions, rights and liabilities transferred by Article 2, be carried on and completed by or under the authority of the receiving Minister.
  3. Where, on commencement of this Order, any legal proceeding is pending to which the transferring Minister is  a  party and  the  proceeding has reference to any of the responsibilities, functions, rights and liabilities transferred  by  Article 2,  the  receiving  Minister  is  substituted  in  the proceeding for the transferring Minister and the  proceeding does not abate by reason of the substitution.

5  Citation

This Order may be cited as the States of Jersey (Transfer of Responsibilities and Functions) (Chief Minister to External Relations) Order 201-.

Functions) (Chief Minister to External Relations) Order 201-  SCHEDULE 1

SCHEDULE 1 (Article 2(1))

ENACTMENTS

Alternative Investment Funds (Jersey) Regulations 2012

Bank (Recovery and Resolution) (Jersey) Law 2017

Banking Business (Jersey) Law 1991

Bankruptcy (Désastre) (Jersey) Law 1990

Charities (Jersey) Law 2014

Collective Investment Funds (Jersey) Law 1988

Companies (Jersey) Law 1991

Companies (Takeovers and Mergers Panel) (Jersey) Law 2009 Control of Borrowing (Jersey) Law 1947

Dormant Bank Accounts (Jersey) Law 2017

EU Legislation (Payment Services – SEPA) (Jersey) Regulations 2015 Financial Services (Jersey) Law 1998

Financial Services Commission (Jersey) Law 1998

Forfeiture of Assets (Civil Proceedings) (Jersey) Law 2018 Foundations (Jersey) Law 2009

Incorporated Limited Partnerships (Jersey) Law 2011

Insurance Business (Jersey) Law 1996

Limited Liability Companies (Jersey) Law 2018

Limited Liability Partnerships (Jersey) Law 2017

Limited  Liability  Partnerships  (Dissolution  and  Winding  Up)  (Jersey) Regulations 2018

Limited Partnerships (Jersey) Law 1994

Non-Profit Organizations (Jersey) Law 2008

Proceeds of Crime (Jersey) Law 1999

Proceeds of Crime and Terrorism (Miscellaneous Provisions) (Jersey) Law 2014 Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008

Registration of Business Names (Jersey) Law 1956

Security Interests (Jersey) Law 2012

Separate Limited Partnerships (Jersey) Law 2011

SCHEDULE 2  Functions) (Chief Minister to External Relations) Order 201-

SCHEDULE 2 (Article 2(2))

CONSEQUENTIAL AMENDMENTS 1  Definitions of "Minister" amended

In the definition "Minister" in each of the following enactments, for "Chief Minister" there is substituted "Minister for External Relations" –

  1. Article 2 of the Alternative Investment Funds (Jersey) Regulations 2012;
  2. Article 1 of the Bank (Recovery and Resolution) (Jersey) Law 2017;
  3. Article 1 of the Banking Business (Jersey) Law 1991;
  4. Article 1(1) of the Bankruptcy (Désastre) (Jersey) Law 1990;
  5. Article 1(1) of the Charities (Jersey) Law 2014;
  6. Article 1(1) of the Collective Investment Funds (Jersey) Law 1988;
  7. Article 1(1) of the Companies (Jersey) Law 1991;
  8. Article 1(1) of the Companies (Takeovers and Mergers Panel) (Jersey) Law 2009;
  9. Article 1(1) of the Control of Borrowing (Jersey) Law 1947;
  10. Article 1(1) of the Dormant Bank Accounts (Jersey) Law 2017;
  11. Article 1(1) of the EU Legislation (Payment Services – SEPA) (Jersey) Regulations 2015;
  12. Article 1(1) of the Financial Services (Jersey) Law 1998;
  13. Article 1(1) of the Financial Services Commission (Jersey) Law 1998;
  14. Article 1(1)  of  the  Forfeiture  of  Assets  (Civil  Proceedings)  (Jersey) Law 2018;
  15. Article 1 of the Incorporated Limited Partnerships (Jersey) Law 2011;
  16. Article 1(1) of the Insurance Business (Jersey) Law 1996;
  17. Article 1(1) of the Limited Liability Companies (Jersey) Law 2018;
  18. Article 1 of the Limited Partnerships (Jersey) Law 1994;
  19. Article 3(1) of the Non-Profit Organizations (Jersey) Law 2008;
  20. Article 1(1)  of  the  Proceeds  of  Crime  (Supervisory  Bodies)  (Jersey) Law 2008;
  21. Article 1(1) of the Registration of Business Names (Jersey) Law 1956;
  22. Article 1 of the Security Interests (Jersey) Law 2012;
  23. Article 1 of the Separate Limited Partnerships (Jersey) Law 2011.

Functions) (Chief Minister to External Relations) Order 201-  SCHEDULE 2

2  Various enactments amended

In the following enactments, "Chief", wherever it appears, is deleted –

  1. Article 127GB(3)(a) of the Companies (Jersey) Law 1991;
  2. Article 53(3)(a) of the Foundations (Jersey) Law 2009;
  3. in the Limited Liability Partnerships (Jersey) Law 2017 –
  1. the definition "prescribed" in Article 1(1),
  2. Article 11(6),
  3. Article 25(2),
  4. Article 37(2)(b),
  5. Article 38(8)(a),
  6. Article 39;
  1. in  the  Limited  Liability  Partnerships  (Dissolution  and  Winding  Up) (Jersey) Regulations 2018 –
  1. Article 41,
  2. Article 42,
  3. Article 44 (including the heading),
  4. Article 45,
  5. Article 46.

3  Definition of "Minister" inserted into Limited Liability Partnerships

(Jersey) Law 2017

In the Limited Liability Partnerships (Jersey) Law 2017, in Article 1(1), after the definition "loss" there is inserted –

" "Minister" means the Minister for External Relations;".

4  Proceeds of Crime (Jersey) Law 1999 amended

In the Proceeds of Crime (Jersey) Law 1999 –

  1. in  Article 34(1)(b)(v),  for  "by  the  Chief  Minister  under"  there  is substituted "under Article 6 of";
  2. in Article 37(1), for "Chief Minister" there is substituted "Minister for External Relations";
  3. in Article 43(1), for "Chief Minister" there is substituted "Minister for External Relations".

5  Money Laundering (Jersey) Order 2008 amended

In the Money Laundering (Jersey) Order 2008, in Article 23(4) –

  1. in  sub-paragraph (f),  "by  the  Chief  Minister  or  the  Commission"  is deleted;
  2. in sub-paragraph (j), "by the Chief Minister" is deleted.

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