AI-assisted research summary: This amendment lets the Bailiff appoint qualified Commissioners to preside over the Royal Court and sets rules for their qualifications, oath, term, termination, and pay.
Jersey Law 1/1985 ROYAL COURT (AMENDMENT No. 4) (JERSEY) LAW, 1985. ____________ A LAW to amend further the Royal Court (Jersey) Law, 1948 sanctioned by Order of Her Majesty in Council of the 22nd day of november , 1984. ____________ (Registered on the 11th day of January, 1985). ____________ STATES OF JERSEY. ____________ The 25th day of September, 1984. ____________ T HE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law: - ARTICLE 1 After Part I of the Royal Court (Jersey) Law, 1948, as amended 1 (hereinafter referred to as “the principal Law”) there shall be inserted the following new Part – “PART IA ARTICLE 10A Appointment of Commissioners (1) The Bailiff may from time to time appoint qualified persons, to be known as Commissioners, to preside over the Royal Court. (2) No person shall be qualified to be appointed a Commissioner unless he – (a) holds or has held judicial office in the Commonwealth; or (b) has been at least ten years in practice – (i) at the Bar; or (ii) as a Solicitor (‘Ecrivain’) of the Royal Court, in the Island, whether as a Law Officer of the Crown or otherwise; or (c) has been at least ten years in practice at the Bar in England and Wales, Scotland, Northern Ireland, Guernsey or the Isle of Man. (3) An appointment under paragraph (1) of this Article may be made for the purposes of the hearing of such civil, criminal or mixed causes or matters as the Bailiff thinks fit and may be made for – (a) the hearing of a particular cause or matter; or (b) a specified term. (4) Where an appointment under paragraph (1) of this Article is made for the hearing of a particular cause or matter such appointment shall continue for the duration of the hearing of that cause or matter. (5) Where an appointment under paragraph (1) of this Article is made for a specified term the appointment shall specify the term for which the person is appointed as a Commissioner and the frequency and duration of the occasions during that term on which he will be required to be available to undertake the duties of a Commissioner. (6) In the case of an appointment referred to in paragraph (5) of this Article the Bailiff may – (a) vary the frequency and duration of the occasions on which a Commissioner will be required to be available to undertake the duties of a Commissioner; and (b) with the agreement of the Commissioner concerned, extend for such period as he thinks appropriate the term for which that Commissioner was appointed. (7) The Bailiff may if he thinks fit terminate the appointment of any Commissioner on the ground of incapacity or misbehaviour, and, in the case of an appointment referred to in paragraph (5) of this Article, on the ground of failure to comply with any requirement in the terms of his appointment. (8) Commissioners shall receive such remuneration as may be prescribed, after consultation with the Bailiff, by Act of the States, and shall be entitled to reimbursement of all travelling and other expenses incurred by them in the discharge of their functions under this Article. (9) Monies payable under paragraph (8) of this Article shall be defrayed out of the annual income of the States. ARTICLE 10B Oath of Commissioner (1) Every Commissioner appointed by the Bailiff shall, before he enters upon the discharge of his duties, take, on the motion of Her Majesty’s Attorney General, oath of office before the Superior Number of the Royal Court in accordance with the form of oath set out in the Second Schedule to this Law. (2) If a Commissioner so appointed fails or refuses to take oath of office, the Court shall, on the motion of Her Majesty’s Attorney General, declare the appointment null and void. ARTICLE 10C Powers of Commissioners Where a Commissioner presides over the Royal Court the powers of the Bailiff specified in Article 13 of this Law shall be exercised by that Commissioner.”. ARTICLE 2 At the end of the Second Schedule to the principal Law 2 shall be inserted the following form of oath – “Oath of Office of Commissioner You swear and promise before God that well and faithfully you will exercise the office of Commissioner; that you will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law; that you will uphold and maintain the laws and usages and the privileges and freedoms of this Island and that you will vigorously oppose whomsoever may seek to destroy them; that you will administer justice to all manner of persons without favour or partiality; and that you will take heed of the good advice and counsel of the Jurats as the case may require.” ARTICLE 3 This Law may be cited as the Royal Court (Amendment No. 4) (Jersey) Law, 1985. R.S. GRAY Deputy Greffier of the States. 1 Tome VII, page 502. 2 Tome VII, page 516.