Notice under Article 29A(3) of the States of Jersey Law 2005: Transfer of Financial Services.

STATES OF JERSEY

NOTICE UNDER ARTICLE 29A(3) OF THE STATES OF JERSEY LAW 2005: TRANSFER OF FINANCIAL SERVICES

Presented to the States on 14th March 2023 by the Chief Minister

STATES GREFFE

2023  R.38

2

REPORT

Article 29A(3) of the States of Jersey Law 2005 requires the Chief Minister to present a report to the States for a 14-day period before making an Order to amend the name by which a Minister is described and/or to make provision relating to a Minister's functions (including their transfer from one Minister to another).

The Chief Minister intends to transfer legal responsibility for financial services from the Minister for External Relations and Financial Services to the Chief Minister. As a consequence, the title of the current Minister for External Relations and Financial Services would be amended to "Minister for External Relations".

Accordingly, this report appends a draft Order that would achieve this intention and commences a notice period of 14-days, after which the Order will be finalised and made.

Appendix 1 – Draft States of Jersey (Transfer of Financial Services functions – External Relations to Chief Minister) Order 202-

R.38/2023

Relations to Chief Minister) Order 202-  Contents

DRAFT STATES OF JERSEY (TRANSFER OF FINANCIAL SERVICES FUNCTIONS – EXTERNAL RELATIONS TO CHIEF MINISTER) ORDER 202-

Contents

Article

1  Minister for External Relations and Financial Services renamed as Minister

for External Relations ......................................................................................3 2  Amendments to transfer financial services functions to Chief Minister ........3 3  Citation and commencement..........................................................................3

SCHEDULE 1  4

CONSEQUENTIAL, INCIDENTAL AND SUPPLEMENTARY AMENDMENTS ON RENAMING AS MINISTER FOR EXTERNAL RELATIONS  4

1  Substitution of names .....................................................................................4 2  States of Jersey Law 2005 and States of Jersey (Minister for External

Relations and Financial Services) (Jersey) Regulations 2013 amended ..........5

SCHEDULE 2  6 TRANSFER OF FUNCTIONS TO CHIEF MINISTER  6

1  Transfer of functions from Minister for External Relations to Chief Minister 6 2  Consequential deletion of redundant references to Chief Minister ...............7

LDOE.1096556 AxternalRelatiHEo nStatestoChsoifJerefMiseny)O(Trdraner20sfer2o-_fFDrinaft 2ancia l2S3e/rvi02c/e2s3F u1n4c:1ti3o ns- Page - 1

Relations to Chief Minister) Order 202-  Article 1

DRAFT STATES OF JERSEY (TRANSFER OF FINANCIAL SERVICES FUNCTIONS – EXTERNAL RELATIONS TO CHIEF MINISTER) ORDER 202-

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

THE CHIEF MINISTER makes this Order under Article 29A of the States of Jersey Law 2005 –

1  Minister for External Relations and Financial Services renamed as

Minister for External Relations

1. The Minister for External Relations and Financial Services is renamed as the Minister for External Relations.
2. Accordingly, in Article 1 of the  States of Jersey (Ministerial Offices) Order 2022 for "Minister for External Relations and Financial Services" there is substituted "Minister for External Relations".
3. Schedule  1  makes  further  amendments  that  are  consequential  on,  or incidental or supplementary to, that renaming.

2  Amendments to transfer financial services functions to Chief Minister

Schedule 2 makes amendments to transfer financial services functions to the Chief Minister.

3  Citation and commencement

This Order may be cited as the States of Jersey (Transfer of Financial Services Functions – External Relations to Chief Minister) Order 202- and comes into force 7 days after it is made.

LDOE.1096xtern556 AalRelatiHEo nStatestoChsoifJerefMiseny)O(Trdraner20sfer2o-_fFDrinaft 2ancial2S3e/rvi02c/e2s3F u1n4c:1ti3o ns- Page - 3

 SCHEDULE 1

(Article 1(3))

CONSEQUENTIAL, INCIDENTAL AND SUPPLEMENTARY AMENDMENTS ON RENAMING AS MINISTER FOR EXTERNAL RELATIONS

1  Substitution of names

In each provision in the following table for "Minister for External Relations and Financial Services" there is substituted "Minister for External Relations" –

Relations to Chief Minister) Order 202-  Schedule 1

2  States of Jersey Law 2005 and States of Jersey (Minister for External

Relations and Financial Services) (Jersey) Regulations 2013 amended

In relation to the renaming of the Minister for External Relations and Financial Services as the Minister for External Relations –

1. in Article 18(3)(b) of the States of Jersey Law 2005 for "conducting external relations in accordance" there is substituted "conducting external  relations,  concurrently  with  the  Minister  for  External Relations, in accordance";
2. the States of Jersey (Minister for External Relations and Financial Services) (Jersey) Regulations 2013 are repealed; and
3. Article 3 of the States of Jersey (Ministerial Offices) Order 2022 is deleted.

SCHEDULE 2

(Article 2)

TRANSFER OF FINANCIAL SERVICES FUNCTIONS TO CHIEF MINISTER

1  Transfer of functions from Minister for External Relations to Chief

Minister

1. In Article 1(1) of the Foundations (Jersey) Law 2009 after the definition "functions" there is inserted –

" "Minister" means the Chief Minister;".

2. In Article 1(1) of the Limited Liability Companies (Jersey) Law 2018, in the definition "Minister", for "Minister for External Relations" there is substituted "Chief Minister".
3. In  Article 2(2)  and  (3)  of  the  Proceeds  of  Crime  and  Terrorism (Miscellaneous  Provisions)  (Jersey)  Law 2014 for  "Minister"  there  is substituted "Chief Minister".
4. In  each  provision  in  the  following  table,  for  "Minister  for  External Relations and Financial Services" there is substituted "Chief Minister" –

Relations to Chief Minister) Order 202-  Schedule 2

2  Consequential deletion of redundant references to Chief Minister

In each provision in the following table, "Chief" is deleted –