States of Jersey (Amendment No. 7) Law 2014

States of Jersey (Amendment No. 7) Law 2014 Arrangement Article 1 Interpretation . 3 2 Article 18 amended . 3 3 Article 21 amended . 4 4 Article 21A repealed . 4 5 Article 25 amended . 5 6 Article 25A inserted . 5 7 Article 28 amended . 5 8 Articles 48 and 49 amended . 6 9 States of Jersey (Miscellaneous Provisions) Law 2011 amended . 6 10 Citation and commencement 6 States of Jersey (Amendment No. 7) Law 2014 A LAW to amend further the States of Jersey Law 2005 and to make consequential amendments to other enactments Adopted by the States 20th May 2014 Sanctioned by Order of Her Majesty in Council 16th July 2014 Registered by the Royal Court 25th July 2014 THE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – 1 Interpretatio n In this Law a reference to an Article or Schedule by number is a reference to the Article or Schedule of that number in the States of Jersey Law 2005 [1] . 2 Article 18 amended In Article 18 – (a) for paragraph (1) there shall be substituted the following paragraph – “(1) There shall be a Council of Ministers whose members shall be the Chief Minister and at least 7 Ministers.”; (b) in paragraph (2)(f) after the words “such other matters as” there shall be inserted the words “the Chief Minister or”; (c) after paragraph (3) there shall be inserted the following paragraphs – “(3A) The Chief Minister and Ministers shall – (a) adhere to the principle of collective responsibility; and (b) agree and, within 3 months of being appointed to office under Article 19(7), present to the States a code of conduct and a code of practice for Ministers and Assistant Ministers. (3B) The Council of Ministers may, after consultation with a Minister, give the Minister directions concerning a policy for which the Minister is responsible, where the policy – (a) falls within the functions of the Council of Ministers, described in paragraph (2); and (b) appears to the Council of Ministers to affect the public interest. (3C) Directions may not be given as to the exercise of any function conferred by an enactment, or so as to influence the exercise of such a function. (3D) A Minister shall comply with directions given to him or her under paragraph (3B).”; (d) after paragraph (5) there shall be added the following paragraph – “(6) The States may by Regulations amend the minimum number of Ministers in paragraph (1).”. 3 Article 21 amended In Article 21 – (a) for paragraph (1)(b) there shall be substituted the following sub-paragraph – “(b) an elected member shall continue in a Ministerial office until – (i) he or she is appointed to another Ministerial office under Article 23, (ii) the Ministerial office is abolished, or (iii) a further appointment takes effect under Article 19(7).”; (b) in paragraph (3), before sub-paragraph (a) there shall be inserted the following sub-paragraph – “(aa) his or her resignation under Article 22;”; (c) for paragraphs (4) to (7) there shall be substituted the following paragraphs – “(4) Only the Chief Minister may dismiss a Minister. (5) The Chief Minister shall take steps, as soon as possible, to inform the following persons of the dismissal of a Minister – (a) the Minister dismissed; (b) other States members; and (c) States employees working in any administration of the States for which the dismissed Minister was assigned responsibility.”. 4 Article 21A repealed Article 21A shall be repealed. 5 Article 25 amended In Article 25 – (a) in paragraph (1) for the words “no more than 2” there shall be substituted the words “one or more”; (b) paragraphs (3) and (5) shall be repealed; (c) after paragraph (4) there shall be added the following paragraphs – “(5) An Assistant Minister shall cease to hold office upon the Minister whom he or she assists ceasing, for any reason, to hold office. (6) An Assistant Minister shall adhere to the principle of collective responsibility, as it applies to the assistance to be given by an Assistant Minister to the Minister by whom he or she was appointed.”. 6 Article 25A inserted After Article 25 there shall be inserted the following Article – “25A Limit on number of Ministers and Assistant Ministers (1) The aggregate of the Chief Minister, Ministers and Assistant Ministers shall not exceed the prescribed number of individuals. (2) An appointment of a Minister or Assistant Minister that would cause the prescribed number of individuals to be exceeded shall be of no effect.”. 7 Article 28 amended In Article 28 – (a) after paragraph (1) there shall be inserted the following paragraphs – “(1A) A Minister shall not delegate to an Assistant Minister any function the delegation of which is wholly prohibited by an enactment. (1B) Where a Minister delegates to an Assistant Minister a power to make an enactment, paragraphs (4) and (5) of Article 26 shall apply to the making of an enactment by the Assistant Minister, in exercise of the delegated power, as they would apply to the making of the enactment by the Minister.”; (b) in paragraph (2) – (i) after the words “A Minister shall not delegate” there shall be inserted the words “to an officer”, (ii) for sub-paragraph (c) there shall be substituted the following sub-paragraph – “(c) any function the delegation of which is prohibited wholly, or to an officer, by an enactment.”. 8 Articles 48 and 49 amended (1) In Article 48, for paragraph (4) there shall be substituted the following paragraph – “(4) Standing orders made under paragraph (1) shall make provision for scrutiny, which shall include provision for the agreement of a code of practice for engagement, for the purposes of scrutiny, between elected members conducting scrutiny and Ministers and Assistant Ministers.”. (2) In Article 49, for the words “established by standing orders”, in each place that they appear, there shall be substituted the words “established by or in accordance with standing orders”. 9 States of Jersey (Miscellaneous Provisions) Law 2011 amended Article 5 of the States of Jersey (Miscellaneous Provisions) Law 2011 [2] is repealed. 10 Citation and commencement This Law may be cited as the States of Jersey (Amendment No. 7) Law 2014 and shall come into force on such day or days as the States may by Act appoint. m.n. de la haye Greffier of the States [1] chapter 16.800 [2] L.13/2011 (incorporated in chapters 16.800 and 16.250)