Machinery of Government (Miscellaneous Amendments) (Jersey) Law 2018

Machinery of Government (Miscellaneous Amendments) (Jersey) Law 2018 Arrangement Article part 1 3 OPENING 3 1 Interpretation . 3 part 2 3 Accountable officers – public finances law amended 3 2 Article 1 amended . 3 3 Articles 37 to 38A and cross heading substituted . 4 4 Article 39 amended . 8 5 Article 69A amended . 8 6 Schedule 2 amended . 8 7 Amendments to other enactments consequential on this Part 9 part 3 9 Budget transfers – public finances law amended 9 8 Article 18 amended . 9 part 4 9 status of JERSEY MINISTERS – states of jersey law amended 9 9 Article 26 substituted . 9 10 Article 27 amended . 11 11 Article 28 substituted . 11 12 Article 30A substituted . 12 part 5 12 Other provisions relating to ministers – states of jersey law amended 12 13 Article 18 amended . 12 14 Article 25 amended . 12 15 Article 29 substituted . 13 16 Article 29A inserted . 13 part 6 14 standing orders amended 14 17 Standing order 112 amended . 14 part 7 14 GENERAL AND closing 14 18 Consequential Regulations . 14 19 Citation and commencement 14 SCHEDULE 15 consequential amendments 15 1 Employment of States of Jersey Employees (Jersey) Law 2005 . 15 2 Public Finances (Transitional Provisions) (No. 2) (Jersey) Regulations 2005 . 15 3 States of Jersey Police Force Law 2012 . 15 Machinery of Government (Miscellaneous Amendments) (Jersey) Law 2018 A LAW to amend further the Public Finances (Jersey) Law 2005, the States of Jersey Law 2005 and related legislation Adopted by the States 20th March 2018 Sanctioned by Order of Her Majesty in Council 23rd May 2018 Registered by the Royal Court 1st June 2018 THE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – part 1 OPENING 1 Interpretation In this Law – “Public Finances Law” means the Public Finances (Jersey) Law 2005 [1] ; “States of Jersey Law” means the States of Jersey Law 2005 [2] . part 2 Accountable officers – public finances law amended 2 Article 1 amended In Article 1 of the Public Finances Law – (a) before the definition “capital head of expenditure” there shall be inserted the following definition – “ ‘accountable officer’ has the meaning given by Article 38A(1);”; (b) after the definition “central planning vote” there shall be inserted the following definition – “ ‘Chief Executive Officer’ has the same meaning as in the Employment of States of Jersey Employees (Jersey) Law 2005 [3] ;”; (c) after the definition “Panel” there shall be inserted the following definition – “ ‘PAO’ means the Principal Accountable Officer under Article 37;”; (d) after the definition “standing orders” there shall be inserted the following definition – “ ‘States aided independent body’ means a body (including an individual and a corporation sole), whether or not incorporated, that in a financial year receives an amount of money from the States to aid it to carry out its activities;”; (e) after the definition “States Assembly” there shall be inserted the following definitions – “ ‘States body’ has the meaning given by Article 37(2)(a); ‘States fund’ has the meaning given by Article 37(2)(b);”; (f) the definition “States aided independent body” after the definition “strategic reserve fund” shall be deleted; (g) the definition “strategic reserve fund” shall be placed after the definition “States trading operation.”. 3 Articles 37 to 38A and cross heading substituted For the cross heading before Article 37 in the Public Finances Law and for Articles 37, 38 and 38A there shall be substituted the following cross heading and Articles – “Accountable officers 37 Principal Accountable Officer (1) The Chief Executive Officer shall be the Principal Accountable Officer with functions, as provided in this Part, in relation to – (a) States funded bodies excluding non-Ministerial States funded bodies; (b) independently audited States bodies; (c) States aided independent bodies; and (d) any fund established by Part 2, any special fund, any States income, any money derived from taxation or any money forming part of trust assets. (2) In this Law – (a) ‘States body’ means any body included in paragraph (1)(a) to (c) for which an accountable officer has been appointed by the PAO under Article 38(1)(c) or deemed to have been so appointed under Article 38B(1); (b) ‘States fund’ means any fund, income or money referred to in paragraph (1)(d). (3) Where – (a) the Chief Executive Officer is unable to discharge the functions of the PAO for any reason, including, without prejudice to the generality of the foregoing, illness, injury or absence; or (b) there is no person holding the post of Chief Executive Officer, the Minister may, having first consulted the Chief Minister, appoint another person to discharge the functions of PAO until, as the case requires, the Chief Executive Officer is able to discharge such functions or that post is filled. 38 Functions of PAO (1) The PAO has the following functions and is answerable to the States and is accountable to the Council of Ministers for the exercise of those functions – (a) ensuring the propriety and regularity of the finances of States bodies and States funds; (b) ensuring that the resources of States bodies and States funds are used economically, efficiently and effectively; (c) subject to paragraphs (2), (3), (4) and (5), appointing accountable officers for such of any of the following as the PAO may specify – (i) bodies included in Article 37(1)(a) to (c) (other than non-Ministerial States funded bodies), or (ii) States funds; (d) determining the functions of accountable officers; (e) ensuring the performance of the functions of accountable officers; (f) exercising the functions of an accountable officer of a States body or States fund in respect of which the accountable officer is unable, for any reason, to act; and (g) making publicly available a list of the names or descriptions of States bodies and States funds and their accountable officers. (2) Paragraph (1)(c) does not apply in relation to a body included in Article 37(1)(a) to (c) or to a States fund if the effect of an enactment, whether expressly or by implication and whether or not in force at the time of commencement of Part 2 of the Machinery of Government (Miscellaneous Amendments) (Jersey) Law 2018 [4] , provides for a person other than a person appointed under this Part to carry out functions similar or equivalent to those of an accountable officer. (3) An appointment of an accountable officer under paragraph (1)(c) for a body included in Article 37(1)(a) shall be with the concurrence of either – (a) the Minister responsible for that body; or (b) the Council of Ministers. (4) In determining the functions of an accountable officer for a body included in Article 37(1)(a), under paragraph (1)(d), the PAO must consult with either – (a) the Minister responsible for that body; or (b) the Council of Ministers. (5) The PAO must not appoint an accountable officer for a body which is an independently audited States body or a States aided independent body unless that body is specified in paragraph (10). (6) Any functions of an accountable officer determined by the PAO under paragraph (1)(d) are without prejudice to any specific functions specified in any enactment or act of the States that apply to that accountable officer. (7) The functions that may be determined by the PAO under paragraph (1)(d), without prejudice to the generality of that provision, include, in particular – (a) ensuring the propriety and regularity of the finances of the States body or States fund for which the accountable officer is responsible; and (b) ensuring that the resources of that States body or States fund are used economically, efficiently and effectively. (8) The PAO may determine different functions under paragraph (1)(d) for different accountable officers. (9) Financial directions may specify the application of the PAO’s functions and how they are to be carried out and, accordingly, those functions must be applied and carried out in accordance with those directions. (10) For the purpose of paragraph (5), the specified bodies are – (a) Andium Homes Limited, registered on 13th May 2014 under registration number 115713; (b) Jersey Post International Limited, registered on 22nd September 2005 under registration number 91247; (c) JT Group Limited, registered on 22nd October 2002, under registration number 84230 (including its subsidiary companies); (d) Jersey Overseas Aid Commission, established under the Jersey Overseas Aid Commission (Jersey) Law 2005; (e) Ports of Jersey Ltd, established under the Air and Sea Ports (Incorporation) (Jersey) Law 2015; (f) States of Jersey Development Company Limited, registered on 21st February 1996 under registration number 64345 (including its subsidiary companies). (11) The Minister may, by Order, amend paragraph (10). 38A Accountable officers (1) In this Law, except where specified otherwise, ‘accountable officer’ means any person who is appointed under Article 38(1)(c) or deemed to be so appointed under Article 38B. (2) An accountable officer has the following functions – (a) exercising the functions that apply to that accountable officer (if any) determined by the PAO under Article 38(1)(d); and (b) exercising functions that apply to that accountable officer (if any) specified in any relevant enactment or act of the States. (3) Except to the extent that an enactment specifies otherwise, an accountable officer is answerable to – (a) the States; and (b) in the case of a body included in Article 37(1)(a), the Minister responsible for that body, for the exercise of the functions that apply to that accountable officer under paragraph (2). (4) Financial directions may specify how the functions of an accountable officer must be carried out and, accordingly, an accountable officer must carry out those functions in accordance with those directions. (5) In making an appointment under Article 38(1)(c) the PAO shall have regard to any relevant act of the States. (6) A person appointed under Article 38(1)(c) must be a States’ employee within the meaning of Article 2 of the Employment of States of Jersey Employees (Jersey) Law 2005 [5] , or otherwise an employee of the States body or States fund for which he or she is appointed. (7) An appointment under Article 38(1) must be by written notice and has effect when the appointed person receives a copy of the notice. (8) A copy of the notice must also be sent to the Comptroller and Auditor General and to the Minister, if any, with responsibility to the States for the States body or States fund, as the case may be. 38B Transitional and savings provisions (1) A person who is – (a) by virtue of being a senior States’ employee in a Ministerial department, an accounting officer under Article 37(1) or (2) or Article 38A of this Law immediately before the commencement of Part 2 of the Machinery of Government (Miscellaneous Amendments) (Jersey) Law 2018; or (b) an accounting officer for the purposes of this Law under an express provision to that effect in any enactment, immediately before the commencement of Part 2 of the Machinery of Government (Miscellaneous Amendments) (Jersey) Law 2018, shall be deemed to be appointed by the PAO as an accountable officer under Article 38 in compliance with the provisions for appointment under Article 38A. (2) In relation to a non-Ministerial States funded body, Articles 37, 38 and 39 of this Law shall continue to apply to the extent they applied to such a body immediately before the commencement of Part 2 of the Machinery of Government (Miscellaneous Amendments) (Jersey) Law 2018. (3) In relation to any other States funded body which does not have an accounting officer as described in paragraph (1), Articles 37, 38 and 39 of this Law shall continue to apply to the extent they applied to such a body immediately before the commencement of Part 2 of the Machinery of Government (Miscellaneous Amendments) (Jersey) Law 2018 until such time (if at all) as an accountable officer is appointed under Part 5.”. 4 Article 39 amended In Article 39 of the Public Finances Law – (a) after paragraph (d) the word “or” shall be deleted; (b) for paragraph (e) there shall be substituted the following paragraph – “(e) the PAO or an accountable officer,”. 5 Article 69A amended In Article 69A of the Public Finances Law – (a) in paragraph (1), for the words “3 and 4” there shall be substituted the words “3, 4 and 5”; (b) in paragraph (3), for the words “of Part 3 or 4” there shall be substituted “3, 4 or 5”. 6 Schedule 2 amended In Schedule 2 to the Public Finances Law in paragraph 1(1)(b) and (2)(a) for the words “accounting officer” there shall be substituted the words “accountable officer”. 7 Amendments to other enactments consequential on this Part The Schedule shall have effect. part 3 Budget transfers – public finances law amended 8 Article 18 amended In Article 18 of the Public Finances Law – (a) after paragraph (1A) there shall be inserted the following paragraphs – “(1B) The Minister shall, after consulting the Chief Minister and PAO, give the States Assembly at least 2 weeks’ notice before an amount is transferred under paragraph (1)(c) or (1A). (1C) Before giving notice under paragraph (1B), the Minister shall, in relation to any States funded body, consult the Minister responsible for that body.”; (b) in paragraph (2) – (i) after sub-paragraph (aa) there shall be inserted the word “or”, (ii) after sub-paragraph (b), for the words “; or” there shall be substituted a full-stop, (iii) paragraph (c) shall be deleted; (c) paragraph (2A) shall be repealed. part 4 status of JERSEY MINISTERS – states of jersey law amended 9 Article 26 substituted For Article 26 of the States of Jersey Law there shall be substituted the following Articles – “26 Status and functions of the Government of Jersey (1) The Ministers, including the Chief Minister, shall be referred to collectively as the Government of Jersey. (2) The Government of Jersey shall be a corporation aggregate, capable of – (a) entering into agreements; (b) acquiring, holding and disposing of property; (c) suing and being sued in civil proceedings; (d) being charged with an offence and defending criminal proceedings; and (e) doing anything reasonably necessary, expedient for, or incidental to, its functions or anything referred to in sub-paragraphs (a) to (d). (3) Functions (whether or not statutory functions) may be conferred on the Government of Jersey by that name. (4) Functions (whether or not statutory functions) referred to in paragraph (3) shall be exercisable by any Minister or by any Assistant Minister if, in the case of an Assistant Minister, those functions have been delegated to him or her under paragraph (5). (5) Functions referred to in paragraph (3) may be delegated to an Assistant Minister and any reference in this Law or any other enactment to any act (however described) of an Assistant Minister refers to an Assistant Minister acting in the course of exercising such delegated functions. (6) The Government of Jersey shall have an official seal. (7) Every document purporting to be an instrument made or issued by the Government of Jersey sealed with the Government of Jersey’s official seal, shall be received in evidence and deemed to be so made or issued without further proof, unless the contrary is shown. 26A Property and liabilities of the Government of Jersey (1) Property may be held by the Government of Jersey by that name. (2) Property acquired by, or transferred to, the Government of Jersey shall belong to, and liabilities incurred by the Government of Jersey shall be liabilities of, the Government of Jersey for the time being. (3) In relation to property to be acquired by, or transferred to, or belonging to, the Government of Jersey or liabilities incurred by the Government of Jersey, references to ‘Government of Jersey’ in any document, including any contract or other document registered in the Public Registry or with the Royal Court, shall be read in accordance with paragraph (2). (4) Subject to paragraph (5), any act or omission of, or in relation to, any Minister or Assistant Minister shall be treated as an act or omission of, or in relation to, the Government of Jersey and any property acquired, or liability incurred by any Minister or Assistant Minister shall be treated accordingly. (5) Paragraph (4) shall not apply to any act or omission by the Chief Minister exercising functions conferred on the Chief Minister by that name (whether or not exercised by him or her or on his or her behalf and whether the functions are statutory or otherwise). (6) A document shall be validly executed by the Government of Jersey if it is executed by any Minister or Assistant Minister. 26B References to a Minister and powers to make Regulations (1) Any reference in legislation to a named Minister, other than to the Chief Minister, shall be deemed to refer to the Government of Jersey. (2) Notwithstanding paragraph (1), the States may, by Regulations, preserve the functions and responsibilities of any Minster in addition to the Chief Minister. (3) The States, may, by Regulations, amend any enactment, including this Law in consequence of, or to give effect to, paragraphs (1) and (2), Articles 26 and 26A. (4) Regulations under paragraphs (2) and (3) may contain such transitional, consequential, incidental, supplementary and savings provisions as the States consider necessary or expedient for the purposes of the Regulations.”. 10 Article 27 amended In Article 27 of the States of Jersey Law – (a) before paragraph (1) there shall be inserted the following paragraph – “(A1) In this Article, references to the functions of the Chief Minister are to any function which is conferred on the Chief Minister by that name.”; (b) Paragraphs (2) and (4) shall be repealed. 11 Article 28 substituted For Article 28 of the States of Jersey Law there shall be substituted the following Article – “28 Powers of the Government of Jersey to delegate functions (1) The Government of Jersey may delegate, wholly or partly, functions conferred upon or vested in the Government of Jersey by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to an officer. (2) The Government of Jersey shall not delegate to an officer – (a) any power to make an enactment; (b) any power to decide an appeal under an enactment; (c) any function the delegation of which is prohibited wholly, or to an officer, by an enactment. (3) The delegation of functions by the Government of Jersey under this Article shall not prevent a Minister or Assistant Minister from exercising those functions personally on behalf of the Government of Jersey. (4) Where any licence, permit or authorization is granted in purported exercise of functions delegated under paragraph (1), no criminal proceedings shall lie against any person for any act done, or omitted to be done, in good faith and in accordance with the terms of the licence, permit or authorization, by reason that the functions had not been delegated, or that any requirement attached to the delegation of the functions had not been complied with. (5) In this Article ‘officer’ means a States’ employee within the meaning of the Employment of States of Jersey Employees (Jersey) Law 2005 [6] and includes a member of the States of Jersey Police Force and an officer appointed under paragraph 1 of Schedule 2 to the Immigration Act 1971 as extended to Jersey by the Immigration (Jersey) Order 1993 [7] and amended by the Immigration (Jersey) (Amendment) Order 2017 [8] . (6) The States may by Regulations amend the definition ‘officer’ in paragraph (5).”. 12 Article 30A substituted For Article 30A there is substituted the following Article – “30A List of Ministerial responsibilities to be published (1) The Chief Minister shall cause to be established, maintained and published a consolidated list of the responsibilities for the time being of each Minister and Assistant Minister. (2) It shall be sufficient if the list is published on a website.”. part 5 Other provisions relating to ministers – states of jersey law amended 13 Article 18 amended In Article 18(3A) of the States of Jersey Law, for sub-paragraph (a) substitute the following sub-paragraph – “(a) for the purpose of reaching policy decisions, provide policy direction to officers, having given fair consideration and due weight to informed and impartial advice from such officers; and”. 14 Article 25 amended Article 25(6) of the States of Jersey Law shall be repealed. 15 Article 29 substituted For Article 29 of the States of Jersey Law there shall be substituted the following Article – “29 Powers to move Ministers The Chief Minister may, after giving not less than 2 weeks’ notice to the States, move a Minister from one Ministerial office to another, provided that, before the date of such notice, not less than 6 months have elapsed after the date Ministers are appointed to office under Article 19(7).”. 16 Article 29A inserted After Article 29 of the States of Jersey Law there shall be inserted the following Article – “29A Powers relating to changes to Ministerial offices (1) The Chief Minister may by Order do any of the following – (a) establish and abolish Ministers; (b) determine the name by which an existing Minister is described; (c) make provision relating to a Minister’s responsibilities and functions (including their transfer from one Minister to another). (2) An Order made under paragraph (1) may include such supplemental, incidental, consequential, transitional and savings provisions as he or she considers necessary or expedient for the purpose of giving full effect to that Order, including provisions – (a) relating to property, resources (including funding) and liabilities; (b) amending any enactment (including this one); (c) construing any legislation made outside Jersey which has effect in Jersey; and (d) construing and adapting any contract, instrument or other document. (3) Before making an Order under paragraph (1), the Chief Minister shall give not less than 2 weeks’ notice to the States.”. part 6 standing orders amended 17 Standing order 112 amended In the table in standing order 112 of the Standing Orders of the States of Jersey [9] , in the column under the heading “When” – (a) for the number “21” there shall be substituted the number “19”; and (b) for the number “2” there shall be substituted the number “5”. part 7 GENERAL AND closing 18 Consequential Regulations The States may, by Regulations, amend any enactment for the purpose of making such transitional, consequential, incidental, supplementary and savings provisions as they consider necessary or expedient in consequence of any provision of this Law. 19 Citation and commencement (1) This Law may be cited as the Machinery of Government (Miscellaneous Amendments) (Jersey) Law 2018. (2) Parts 1, 2, 3, 5, 6 and this Part shall come into force 7 days after this Law is registered. (3) Part 4 shall come into force on such day as the States may by Act appoint. l.-m. hart Deputy Greffier of the States SCHEDULE (Article 7) consequential amendments 1 Employment of States of Jersey Employees (Jersey) Law 2005 In the Employment of States of Jersey Employees (Jersey) Law 2005 [10] – (a) in Article 3(5)(a), clause (i) shall be deleted; (b) in Article 10A(1) and (3) for the words “accounting officer” there shall be substituted the words “accountable officer”. 2 Public Finances (Transitional Provisions) (No. 2) (Jersey) Regulations 2005 In the Public Finances (Transitional Provisions) (No. 2) (Jersey) Regulations 2005 [11] for the words “accounting officer” there shall be substituted the words “accountable officer” in the following provisions – (a) Regulation 17(2)(a); (b) Regulation 19(1) in each place those words occur; (c) Article 19(2); (d) Article 19(3)(a) in each place those words occur; (e) Article 19(3)(b) in each place those words occur; (f) Article 20(1) in each place those words occur. 3 States of Jersey Police Force Law 2012 For Article 17(5) of the States of Jersey Police Force Law 2012 [12] there shall be substituted the following paragraph – “(5) The Chief Officer, or any person carrying out the functions of the Chief Officer under Article 8, shall be the accountable officer of the States Police Force for the purposes of the Public Finances (Jersey) Law 2005 [13] .”. [1] chapter 24.900 [2] chapter 16.800 [3] chapter 16.325 [4] L.18/2018 [5] chapter 16.325 [6] chapter 16.325 [7] chapter 21.700 [8] L.23/2017 [9] chapter 16.800.15 [10] chapter 16.325 [11] chapter 24.900.81 [12] chapter 23.820 [13] chapter 24.900