AI-assisted research summary: This amendment law changes how Commissioners are appointed and can exercise the Bailiff’s functions, and it starts 7 days after registration.
L.15/2005 Royal Court (Amendment No. 11) (Jersey) Law 2005 Arrangement Article 1 Interpretation . 507 2 Article 10A amended . 507 3 Article 10C replaced . 508 4 Article 13 amended . 508 5 Article 17A inserted . 508 6 Citation and commencement 509 Royal Court (Amendment No. 11) (Jersey) Law 2005 A LAW to make further provision about questions of procedure and about the functions of Commissioners appointed by the Bailiff. Adopted by the States 2nd March 2005 Sanctioned by Order of Her Majesty in Council 7th June 2005 Registered by the Royal Court 8th July 2005 THE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – 1 Interpretation In this Law, a reference to the principal Law is a reference to the Royal Court (Jersey) Law 1948. [1] 2 Article 10A amended For Article 10A(5) – (7) of the principal Law [2] there shall be substituted the following paragraphs – “(5) Where the appointment is made for a term, the term shall be specified in the instrument of appointment. (6) In the case of a Commissioner appointed for a term, the Bailiff – (a) may, with the agreement of the Commissioner, extend the term for such period as the Bailiff thinks appropriate; and (b) may from time to time authorize or require the Commissioner to exercise, whether for the purposes of this Law or for any other purposes, such other judicial functions of the Bailiff as the Bailiff specifies. (7) Notwithstanding the other provisions of this Article, the Bailiff may, if the Bailiff thinks fit, terminate the appointment of a Commissioner on the ground of incapacity or misbehaviour.”. 3 Article 10C replaced For Article 10C of the principal Law [3] there shall be substituted the following Article – “10C Powers of Commissioners (1) Where a Commissioner presides over the Royal Court the powers of the Bailiff specified in Article 13 shall be exercised by that Commissioner. (2) A Commissioner appointed by the Bailiff for a specified term may exercise, whether for the purposes of this Law or for any other purposes, such other judicial functions of the Bailiff as the Bailiff may from time to time authorize or require.”. 4 Article 13 amended After Article 13(1) of the principal Law [4] there shall be added the following paragraph – “(1A) For the purposes of this Law, a question of procedure is one of law.”. 5 Article 17A inserted After Article 17 of the principal Law [5] there shall be inserted the following Article – “17A Savings and transitional provision (1) Articles 10A(6) and (7) and 10C, as substituted by the Royal Court (Amendment No. 11) (Jersey) Law 2005, [6] shall, in addition to their application in relation to any Commissioner appointed under Article 10A after the time when that Law comes into force, also apply in relation to any Commissioner appointed under Article 10A before that time whose appointment is still in force at that time. (2) Except as provided in this Article, the amendments made to this Law by the Royal Court (Amendment No. 11) (Jersey) Law 2005 shall not affect the terms of any appointment under Article 10A still in force at the time when the latter Law comes into force or the functions of any Commissioner appointed under that Article before that time. (3) Article 13A(1A), as inserted by the Royal Court (Amendment No. 11) (Jersey) Law 2005, shall, from the time when that Law comes into force, apply to any proceedings that commence or continue after that time. (4) The amendment of this Law by the Royal Court (Amendment No. 11) (Jersey) Law 2005 shall not invalidate any proceedings that have commenced, but not been concluded, at the time when the latter Law comes into force, or anything done before that time in respect of any proceedings.”. 6 Citation and commencement This Law may be cited as the Royal Court (Amendment No. 11) (Jersey) Law 2005 and shall come into force on the seventh day following its registration. D.C.G. FILIPPONI Assistant Greffier of the States. [1] Tome VII, page 502, Volume 1979-1981, page 195, Volume 1984-1985, page 175, Volume 1990-1991, pages 113 and 855, Volume 1992-1993, page 461, Volume 1996-1997, pages 147 and 667, Volume 1998, page 659 and Volume 2001, page 7. [2] Tome VII, page 510 and Volume 1984-1985, page 175. [3] Tome VII, page 510 and Volume 1984-1985, page 175. [4] Tome VII, page 512. [5] Tome VII, page 514. [6] Volume 2005, page 505.