Police Force (Jersey) Law 1974

POLICE FORCE (JERSEY) LAW 1974

Revised Edition

23.375

Showing the law as at 1 January 2007 This is a revised edition of the law

Police Force (Jersey) Law 1974  Arrangement

POLICE FORCE (JERSEY) LAW 1974

Arrangement

Article

PART 1  5

GENERAL  5

1 Interpretation...................................................................................................5 2 Duty of police officer......................................................................................6 3 Power of police officer....................................................................................6

PART 2  6

THE HONORARY POLICE  6

4 Composition of Honorary Police.....................................................................6 5 Jurisdiction......................................................................................................7 6 Prescribed offences .........................................................................................7 7 Report of occurrences......................................................................................7

PART 3  8

THE STATES OF JERSEY POLICE FORCE  8

8 Duties and powers of Minister ........................................................................8 9 The Chief Officer and Deputy Chief Officer ..................................................8

10. Jurisdiction......................................................................................................9
11. The Police Negotiating Board.........................................................................9

PART 4  9

PORT CONTROL UNIT  9

12. Interpretation...................................................................................................9
13. Establishment of Port Control Unit.................................................................9
14. Duties and powers of Minister ........................................................................9
15. Jurisdiction....................................................................................................10
16. Duty of Port Control Officer.........................................................................10
17. Powers of Port Control Officer .....................................................................10
18. Property in possession of Port Control Officer .............................................11

Arrangement  Police Force (Jersey) Law 1974

19. Offences........................................................................................................11 PART 5  11 MISCELLANEOUS  11

20. Property in possession of Police ...................................................................11
21. Remedies against members of the Force and Port Control Officers.............12
22. Remedies against members of the Honorary Police .....................................12
23. Impersonation etc. of police officer..............................................................13
24. Wasting Police time......................................................................................13
25. Oath of Office...............................................................................................14
26. Restriction on taking other employment.......................................................14
27. Associations..................................................................................................14
28. Orders............................................................................................................14
29. Attendance at meetings of the Minister ........................................................14
30. Citation..........................................................................................................15

SCHEDULE 1  16

FORMS  16

Oath of Office of member of Force..............................................................................16 Oath of Office of Port Control Officer.........................................................................16

SCHEDULE 2  17

THE POLICE NEGOTIATING BOARD  17

1 Constitution...................................................................................................17 2 Functions.......................................................................................................18 3 Officers .........................................................................................................18 4 Conduct of business......................................................................................18 5 Failure to agree .............................................................................................19 6 Conciliation...................................................................................................19 7 Arbitration.....................................................................................................19 8 Conclusion of pay negotiations.....................................................................20

Supporting Documents

ENDNOTES  21

Table of Legislation History.........................................................................................21 Table of Renumbered Provisions.................................................................................21 Table of Endnote References .......................................................................................22

POLICE FORCE (JERSEY) LAW 19741

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 20032 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 20055.6

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 –

1. the customary right of search;
2. the granting of bail to any person;
3. 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. Members  of  the  Honorary  Police  shall  continue  to  be  elected  in  the manner specified prior to the coming into force of this Law.

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.8

5  Jurisdiction

1. A member of the Honorary Police shall be empowered to act within the territorial limits of the parish for which the member of the Honorary Police is elected and, for this purpose, the headquarters for the time being of the Force, any police station for the time being used by the Force, any designated  Customs  custody  facility,  any  building for  the  time  being designated by the States as a place for use by the Magistrate's Court, the General Hospital and the States of Jersey Prison at La Moye and any new prison which may hereafter be built shall be deemed to form part of the said limits:

Provided that the member of the Honorary Police shall be empowered –

1. 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
2. to continue investigations into any matter in any other parish where those investigations started in the parish for which the member of the Honorary Police is elected. 9

2. A Connétable may request a Connétable of another parish (who shall to the best of the Connétable 's ability comply with such request) to place at the Connétable 's disposal members of the Honorary Police of that parish for the purpose of meeting any special demand on the resources of the Honorary Police of the Connétable 's parish and any members so placed shall for the time being possess the powers of a member of the Honorary Police of that parish.

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 –

1. provide and maintain such buildings, structures and premises and make  such  alterations  to  any  buildings,  structures  or  premises already provided, as may be required;
2. 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 –

1. the retirement of members of the Force and for the payment of pensions and gratuities;
2. the qualifications for appointment and promotion of members of the Force. 10

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 which 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.11
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.12
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.13

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.[14]

PART 415

PORT CONTROL UNIT

12 Interpretation16

For the purposes of this Part of this Law –

"aerodrome" has the meaning assigned to it by the Aerodromes (Administration) (Jersey) Law 1952;17

"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 196118 and includes a person acting under that Law as the Harbour Master.

13 Establishment of Port Control Unit19

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.

1. provide and maintain such buildings, structures and premises and make  such  alterations  to  any  buildings,  structures  or  premises already provided, as may be required;
2. 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.21

15  Jurisdiction22

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 Officer23

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 Officer24

1. Subject to the provisions of Article 15 –

1. 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;

2. 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;
3. 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 Officer25

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  Offences26

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 Officers27

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 –

1. 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
2. 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 Police28

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 –

1. 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

2. 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.

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 time29

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 Office30

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 employment31

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  Associations32

1. There shall be a –

1. States of Jersey Police Association; and
2. 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 Connétable s of Jersey.

2. The  Subordinate  Legislation  (Jersey)  Law 1960,33 shall  apply  to  any Order made under this Law.

29  Attendance at meetings of the Minister34

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 135 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.36

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 237

(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 –

1. 2 shall be appointed by the Minister; and
2. 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 –

1. the pay, terms and conditions of service for all members of the force represented by the Association; and
2. 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 –

1. the  Board  fails  to  reach  agreement  on  a  recommendation  for submission to the States Employment Board; or
2. 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.

ENDNOTES

Table of Legislation History

Table of Renumbered Provisions

Endnotes  Police Force (Jersey) Law 1974

Table of Endnote References

1 This Law has been amended by the States of Jersey (Amendments and

Construction Provisions No. 7) (Jersey) Regulations 2005. The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government. This Law has also been amended by the Public Finances (Consequential Amendments) (Jersey) Regulations 2005. The amendments are consequential upon the repeal of the Public Finances (Administration) (Jersey) Law1967and its replacement by the Public Finances (Jersey) Law 2005.

This Law has also been amended by the Employment of States of Jersey Employees (Consequential, Amendment, Repeal, Transitional and Savings Provisions) (Jersey) Regulations 2005. The amendments are consequential upon the repeal of the Civil Service (Administration) (Jersey) 1948 and its replacement by the Employment of States of Jersey Employees (Jersey) Law 2005.

2 chapter 23.750

3 Article 1  definition "Port Control Officer" inserted by L.15/1982

4 Article 1  definition "Port Control Unit" inserted by L.15/1982

5 chapter 16.325

6 Article 1  amended by L.31/2003

7 Article 3(5)  inserted by L.14/1986, amended by L.11/1993

8 Article 4(4)  amended by L.4/1999

9 Article 5(1)  amended by L.9/1987, L.31/2003

10 Article 8  amended by L.15/1982, L.11/1993, L.4/1999

11 Article 9(3)  amended by L.14/1986

12 Article 9(5)  inserted by L.35/1998

13 Article 9(6)  inserted by L.35/1998

14 Article 11  inserted by L.30/2000; former Article repealed by L.15/1982

15 Part 4, heading  inserted by L.15/1982

16 Article 12  inserted by L.15/1982

17 chapter 03.035

18 chapter 19.060

19 Article 13  inserted by L.15/1982

20 Article 14  inserted by L.15/1982

21 Article 14(4)  amended by L.4/1999

22 Article 15  inserted by L.15/1982

23 Article 16  inserted by L.15/1982

24 Article 17  inserted by L.15/1982

25 Article 18  inserted by L.15/1982

26 Article 19  inserted by L.15/1982

27 Article 21  inserted by L.10/1997

28 Article 22  inserted by L.10/1997

29 Article 24  inserted by L.20/1979

30 Article 25  inserted by L.15/1982, amended by L.30/2000

31 Article 26  inserted by L.15/1982

32 Article 27  inserted by L.15/1982

33  chapter 15.720

34 Article 29  inserted by L.15/1982

35 Schedule 1  substituted by L.15/1982, renumbered by L.30/2000

36 Schedule 1  Form 1 substituted by L.9/2004

37 Schedule 2  inserted by L.30/2000