Administrative Decisions (Review) (Amendment No. 2) (Jersey) Law 2006

Administrative Decisions (Review) (Amendment No. 2) (Jersey) Law 2006 Arrangement Article 1 Interpretation . 129 2 Article 1 replaced . 129 3 Article 3 replaced . 130 4 Article 4 amended . 131 5 Article 5 amended . 131 6 Article 6 replaced . 131 7 Article 6A inserted . 132 8 Article 8 amended . 132 9 Article 9 amended . 132 10 Article 10 replaced . 133 11 Savings and transitional 133 12 Citation and commencement 134 Administrative Decisions (Review) (Amendment No. 2) (Jersey) Law 2006 A LAW to amend further the Administrative Decisions (Review) (Jersey) Law 1982. Adopted by the States 14th February 2006 Sanctioned by Order of Her Majesty in Council 7th June 2006 Registered by the Royal Court 23rd June 2006 THE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – 1 Interpretation In this Law, the “principal Law” means the Administrative Decisions (Review) (Jersey) Law 1982. [1] 2 Article 1 replaced For Article 1 of the principal Law there shall be substituted the following Article – “1 In this Law – ‘Board’ means a States of Jersey Complaints Board constituted in accordance with Article 6; ‘Greffier’ means the Greffier of the States or the Deputy Greffier of the States; ‘Panel’ means the States of Jersey Complaints Panel constituted in accordance with Article 5.”. 3 Article 3 replaced For Article 3 of the principal Law there shall be substituted the following Article – “ 3 (1) On receipt of any such application the Greffier shall, with the least possible delay, enquire into the facts of the matter and then present to the Chairman (or one of the Deputy Chairmen) of the Panel a report on that enquiry. (2) The Chairman (or Deputy Chairman) shall, on the basis of that report (or, in the case of a matter referred under paragraph (6), on the basis of that reference) and of any other information he or she may have or obtain, decide whether the circumstances justify a review of the matter by a Board. (3) If the Chairman (or Deputy Chairman) decides that a review of the matter by a Board is justified, he or she may nevertheless first attempt informal resolution of the matter and in that case may use whatever means that he or she considers reasonable in the circumstances to achieve such a resolution. (4) If the Chairman (or Deputy Chairman) decides that a review of the matter is justified and that informal resolution of the matter is not appropriate or has failed (or proved not to be satisfactory), the Greffier shall cause to be constituted a Board, and the Chairman (or Deputy Chairman) shall refer the complaint to the Board so constituted. (5) If the Chairman (or Deputy Chairman) decides that a review of the matter is not justified, he or she shall set out in writing the reasons for that decision and the Greffier shall then forward to the applicant notice of the decision and include in that notice those reasons as so set out. (5A) An applicant may, within one month of receiving notice of a decision described in paragraph (5), apply to the Greffier to have the decision reviewed. (5B) The Greffier shall inform the Chairman and Deputy Chairmen of an application under paragraph (5A) and – (a) where the decision to be reviewed was taken by the Chairman, the review of it shall be undertaken by both Deputy Chairmen; (b) where the decision to be reviewed was taken by a Deputy Chairman, the review of it shall be undertaken by the other Deputy Chairman and the Chairman. (5C) If the persons undertaking a review of a decision described in paragraph (5) do not uphold that decision, paragraphs (3) and (4) shall apply, with the necessary modifications, as if they had decided that the matter justified a review. (6) Notwithstanding paragraph (1) if – (a) the matter complained of relates to any matter of administration by the States Greffe or by any person acting on behalf of the States Greffe; or (b) the complainant is an officer of the States Greffe, the Greffier shall, without enquiring into the facts of the matter for the purposes of this Article, forthwith refer the matter to the Chairman (or one of the Deputy Chairmen) of the Panel for such action as the Chairman or Deputy Chairman might consider necessary.”. 4 Article 4 amended In Article 4 of the principal Law – (a) for the words “The Greffier shall not refer any complaint to a Board if in the Greffier’s opinion” there shall be substituted the words “The Chairman (or a Deputy Chairman) of the Panel shall not decide that any circumstances justify a review of any matter by a Board if in his or her opinion”; (b) in paragraph (b) for the word “Greffier” there shall be substituted the words “Chairman (or Deputy Chairman)”. 5 Article 5 amended In Article 5 of the principal Law – (a) paragraph (1) shall be deleted; (b) after paragraph (2) add the following paragraphs – “(3) The Panel shall issue rules of practice and procedure which shall apply in matters arising under this Law. (4) The Greffier shall ensure that all parties to a complaint are made aware of the rules issued under paragraph (3).”. 6 Article 6 replaced For Article 6 of the principal Law there shall be substituted the following Article – “6 “(1) A States of Jersey Complaints Board shall be constituted from the States of Jersey Complaints Panel. (2) A Board shall be composed of 3 persons selected from the Panel by the Chairman of the Panel, and one of those persons shall be the Chairman of the Panel or one of the Deputy Chairmen of the Panel.”. 7 Article 6A inserted After Article 6 of the principal Law there shall be inserted the following Article – “6A (1) Notwithstanding Articles 3, 4 and 6, a person shall not decide whether a review of a matter is justified, review such a decision or select persons to comprise a Board to review a matter or, as a member of a Board, undertake such a review, if he or she is the complainant in respect of the matter or is otherwise connected with, or was involved in, the matter. (2) Where, by virtue of paragraph (1), the Chairman cannot do any thing under this Law that he or she could otherwise do and neither of the Deputy Chairmen can act in his or her place, the Greffier shall appoint a member of the Panel to so act. (3) Where, by virtue of paragraph (1), a Deputy Chairman cannot do any thing under this Law that he or she could otherwise do and neither the Chairman nor the other Deputy Chairman can act in his or her place, the Greffier shall appoint a member of the Panel to so act.”. 8 Article 8 amended In Article 8 of the principal Law, for the words “call for documents from” there shall be substituted the words “require any document or information to be provided within one month (or such longer time as the Board, or the Greffier, respectively may allow) by”. 9 Article 9 amended In Article 9 of the principal Law – (a) in paragraph (1) after the words “person concerned” there shall be inserted the words “and present a copy of its report to the Privileges and Procedures Committee”; (b) for paragraph (4) there shall be substituted the following paragraphs – “(4) The Board shall provide the Privileges and Procedures Committee and the complainant with a copy of the information given under paragraph (3). (5) The complainant may, within one month of the information being provided, request the Board to consider reconvening. (6) The Board may reconvene, of its own motion or following a request under paragraph (5) if, in its opinion, the information provided under paragraph (3) and, where a request has been made, any representations made with it, justify further consideration. (7) On reconvening, the Board may exercise the powers in Article 8. (8) In any case where a Board requested reconsideration of any matter, the Board may, if it considers that its findings have been insufficiently considered or implemented, present a report to that effect to the Privileges and Procedures Committee. (9) The Privileges and Procedures Committee shall present to the States a copy of any information or report that it receives under this Article.”. 10 Article 10 replaced For Article 10 of the principal Law there shall be substituted the following Article – “ 10 (1) The Panel shall present in every year a report to the Privileges and Procedures Committee on the following – (a) the complaints received under this Law; (b) the results of any attempt at informal resolution of the subject matter of such a complaint; (c) a summary of the findings of any Board; (d) the steps taken by the relevant Minister, Department or person when a Board has requested a reconsideration of the matter of such a complaint. (2) The Privileges and Procedures Committee shall present a copy of the report to the States. (3) The Privileges and Procedures Committee may examine the Panel on the contents of the Panel’s report and may present to the States the Committee’s own comments on the report.”. 11 Savings and transitional (1) An application made under the principal Law as in force on the day immediately before the commencement day, and not, at that day, referred by the Greffier to a Board of Administrative Appeal, shall be taken to have been made under the principal Law as amended by this Law and shall be dealt with accordingly. (2) A Board of Administrative Appeal constituted under the principal Law before the commencement day and that, at that day, is still in existence and has not made its decision on any matter already referred to it may continue to deal with that matter and make its decision on that matter in accordance with the principal Law as in force immediately before that day. (3) However, for the purposes of Articles 9 and 10 of the principal Law as amended or replaced by this Law, the decision shall be taken to be a decision of a Board under the principal Law as amended by this Law. (4) The Administrative Appeals Panel, if appointed under the principal Law before the commencement day and still in existence on that day, shall be taken on and from that day to be the States of Jersey Complaints Panel appointed under the principal Law as amended by this Law. (5) In this Article, “commencement day” means the day on which this Law comes into force. 12 Citation and commencement (1) This Law may be cited as the Administrative Decisions (Review) (Amendment No. 2) (Jersey) Law 2006. (2) This Law shall come into force on such day as the States may by Act appoint. d.c.g. filipponi Assistant Greffier of the States [1] chapter 16.025