Employment of States of Jersey Employees (Jersey) Law 2005

L.26/2005 Employment of States of Jersey Employees (Jersey) Law 2005 Arrangement Article PART 1 645 PRELIMINARY MATTERS 645 1 Interpretation . 645 2 Meaning of “States’ employee” . 646 3 Chief Executive Officer 647 PART 2 647 STATES EMPLOYMENT BOARD 647 4 States Employment Board . 647 5 Membership of States Employment Board . 647 6 Meetings of States Employment Board . 648 7 Liability . 649 part 3 649 EMPLOYMENT OF MEMBERS OF PUBLIC SERVICE 649 8 Functions of States Employment Board . 649 9 Powers of States Employment Board . 649 10 Delegation . 650 11 Annual Report 650 12 Only States Employment Board to employ persons on behalf of States . 650 13 Statutory offices . 650 PART 4 651 JERSEY APPOINTMENTS COMMISSION 651 Application of Part 651 14 Interpretation . 651 15 This Part may be extended to apply to independent bodies . 651 16 Senior States’ offices . 651 Establishment of Jersey Appointments Commission 651 17 Jersey Appointments Commission established . 651 18 Membership of Commission . 652 19 Removal from office of member of Commission . 652 20 Deputy Chairman and Secretary and Executive Officer of Commission . 653 21 Meetings of the Commission . 653 22 Minutes of meetings of the Commission . 654 Powers and function of Commission 654 23 Function of Commission . 654 24 Guidelines . 654 25 Audit of recruitment practices . 655 26 Recruitment of persons to senior States’ offices . 655 27 Report to be made to States Employment Board in certain circumstances . 656 28 Reports . 656 29 States may direct Commission . 657 PART 5 657 AMENDMENTS TO OTHER ENACTMENTS 657 30 Amendment of Loi (1937) sur l’atténuation des peines et sur la mise en liberté surveillée 657 31 Amendment of Aerodromes (Administration) (Jersey) Law 1952 . 658 32 Amendment of Prison (Jersey) Law 1957 . 659 33 Amendment of Fire Service (Jersey) Law 1959 . 659 34 Amendment of Harbours (Administration) (Jersey) Law 1961 . 660 35 Amendment of the Departments of the Judiciary and the Legislature (Jersey) Law 1965 661 36 Amendment of Education (Jersey) Law 1999 . 662 37 Amendment of Public Library (Jersey) Regulations 2003 . 663 38 Amendment of States of Jersey Law 2005 . 663 39 Repeal etc. Regulations . 664 PART 6 664 CONCLUDING PROVISION 664 40 Citation and commencement 664 SCHEDULE 665 Employment of States of Jersey Employees (Jersey) Law 2005 A LAW relating to the establishment of the States Employment Board, the employment under contract of persons by that Board on behalf of the States or an administration of the States, the determination by the Board of the terms and conditions of such contracts of employment, the establishment of the Appointments Commission to oversee the appointment of persons to significant public positions and determine procedures for the appointment of States’ employees and certain persons employed by other persons on behalf of the States, to amend various enactments and for connected purposes. Adopted by the States 6th July 2005 Sanctioned by Order of Her Majesty in Council 12th October 2005 Registered by the Royal Court 21st October 2005 THE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – PART 1 PRELIMINARY MATTERS 1 Interpretation In this Law, unless the context otherwise requires – “administration of the States” means – (a) a department established on behalf of the States; and (b) a body, office, or unit of administration, established on behalf of the States (including under an enactment), other than an independent body ; “Chief Executive Officer” has the meaning assigned by Article 3; “Commission” means the Jersey Appointments Commission established by Article 17; “Commissioner” means a person appointed under Article 18 to be a Commissioner and includes the Chairman of the Commission appointed under that Article; “contract of employment” includes a contract of apprenticeship; “independent body” means a body, office, or unit of administration – (a) that is established on behalf of the States (including under an enactment); and (b) in relation to which a person or body other than the States Employment Board employs under a contract of employment the staff of the body, office or unit; “member” in relation to the States Employment Board, means a person appointed under Article 5(1)(b) to be a member of the Board and includes – (a) the Chief Minister; or (b) if the Chief Minister nominates a person under Article 5(1)(a) to be a member of the Board in the Chief Minister’s place – that person; “public service” means the service consisting of States’ employees; “recruitment” includes, but is not limited to including – (a) the determination of the duties, responsibilities and pre-requisites for employment as the holder of an office; (b) the determination of the publications in which advertisements seeking applications for employment as the holder of an office are to be placed or other methods by which applicants for such employment are to be sought, and the timing of placement in such publications or the use of such methods; (c) the timing and conduct of interviews of prospective candidates for employment as the holder of an office; and (d) the selection of a person to be employed as the holder of an office; “senior States’ office” means an office that is prescribed or determined under Article 16(1) or (2); “States’ employee” has the meaning assigned by Article 2 . 2 Meaning of “States’ employee” (1) In this Law, unless the context otherwise requires, “States’ employee” means – (a) a person who is employed under a contract of employment made between the person and the States Employment Board; and (b) a person who is within a class of persons prescribed under paragraph (2), but does not include a person who is within a class of persons prescribed under paragraph (3). (2) The Chief Minister may prescribe by Order a class of persons to be States’ employees for the purposes of this Law. (3) The Chief Minister may prescribe by Order a class of persons to not be States’ employees for the purposes of this Law. (4) A person shall not be a States’ employee for the purposes of this Law if he or she is – (a) the holder of an office specified in the Schedule; (b) appointed by the Crown; (c) a member of the States of Jersey Police Force; or (d) otherwise an officer of the Crown. 3 Chief Executive Officer (1) There shall be a Chief Executive Officer. (2) The Chief Executive Officer shall be the person employed under this Law as the Chief Executive to the Council of Ministers and Head of the Public Service . (3) The Chief Executive Officer shall be responsible for the administration and general management of the public service. PART 2 STATES EMPLOYMENT BOARD 4 States Employment Board (1) The States Employment Board shall be established. (2) The States Employment Board shall be a body corporate with perpetual succession and may – (a) sue and be sued in its corporate name; and (b) so far is as possible for a body corporate, exercise the rights, powers and privileges and incur the liabilities and obligations of a natural person of full age and capacity. 5 Membership of States Employment Board (1) The States Employment Board shall be constituted by – (a) the Chief Minister or a member of the Council of Ministers who is nominated by the Chief Minister to be a member of the Board in his or her place; and (b) not less than 2 other members of the Council of Ministers who are appointed in writing by the Council of Ministers to be members of the Board. (2) The Chief Minister or, if the Chief Minister nominates a person under paragraph (1) to be a member of the Board in his or her place, that person, shall be the Chairman of the States Employment Board. 6 Meetings of States Employment Board (1) At a meeting of the States Employment Board – (a) the States Employment Board may appoint a person to be the Vice-Chairman; (b) the quorum of the States Employment Board shall be constituted by half of its members or if the number of its members is 3, 5, 7 or 9, shall be constituted by 3, 3, 4 or 5 members respectively; (c) the Chairman, or, in the absence of the Chairman, the Vice-Chairman, or in the absence of both the Chairman and the Vice-Chairman, another member of the States Employment Board who is present at the meeting and is elected by the members of the States Employment Board who are present, shall preside; (d) each member shall have one vote on each matter for deliberation; (e) a decision shall be made by a majority of the votes of the members of the States Employment Board present at the meeting at which the decision is made; and (f) if the votes on a matter are equal, the person presiding over the meeting in accordance with sub-paragraph (c) shall have a casting vote in addition to his or her own vote. (2) A resolution shall be a valid resolution of the States Employment Board, even though it was not passed at a meeting of the States Employment Board, if – (a) it is signed or assented to by a majority of the members of the States Employment Board; and (b) notice of the proposed resolution was given in accordance with paragraph (6) to all the members of the States Employment Board. (3) The States Employment Board shall keep minutes of its proceedings. (4) The States Employment Board shall meet when convened by the Chairman. (5) The Chairman – (a) may convene a meeting of the States Employment Board of his or her own motion; and (b) shall convene a meeting of the States Employment Board if requested to do so by notice in writing signed by at least one of the members of the States Employment Board. (6) Subject to this Law, the States Employment Board may regulate its own proceedings (including the period of notice to be given of any meeting of the Board) and may adopt or amend rules for that purpose. (7) The States Employment Board may invite any person to attend, and to speak at, a meeting of the States Employment Board. 7 Liability (1) No person to whom this Article applies shall be liable in damages for anything done or omitted in the discharge of any functions under this Law, unless the act or omission was in bad faith. (2) This Article applies to the States Employment Board, any member of the States Employment Board, or any person who is under this Law a delegate of the States Employment Board or the Chief Executive Officer or otherwise acting with the authority of the States Employment Board. part 3 EMPLOYMENT OF MEMBERS OF PUBLIC SERVICE 8 Functions of States Employment Board (1) The States Employment Board shall have the following functions – (a) to determine policy relating to the employment of, and the terms and conditions of employment of, States’ employees, other than procedures for recruitment of States’ employees; (b) to ensure that the public service conducts itself with economy, efficiency, probity and effectiveness; and (c) to ensure the health, safety and well-being of States’ employees. (2) The States Employment Board shall also have the following functions – (a) to employ persons on behalf of the States and administrations of the States; (b) where appropriate, to consult or negotiate with States’ employees, or representatives of States’ emplo yees, collective agreements as to the terms and conditions of employment of States’ employees; (c) to determine the employee training and development needs of States’ employees and appropriate procedures for appraisal and transfer of States’ employees; (d) to discipline, suspend, or terminate the employment of, States’ employees; (e) to determine salaries, allowances, pensions and gratuities as required under the Departments of the Judiciary and the Legislature (Jersey) Law 1965; [1] (f) to determine other matters that may reasonably be considered necessary for the proper administration and management of States’ employees; (g) any other function conferred on it by or under an enactment. 9 Powers of States Employment Board (1) The States Employment Board has the powers necessary to perform its functions. (2) Without limiting the generality of paragraph (1), the States Employment Board has the power to enter into contracts of employment of persons and to enter into contracts for the provision of services, including by consultants. 10 Delegation (1) The States Employment Board may, by instrument in writing, delegate to any of its members, or to the Chief Executive Officer, any of its powers or functions under this Law. (2) If a power or function has been delegated under paragraph (1) to a member of the States Employment Board, the member may, with the approval of the States Employment Board, delegate b y instrument in writing the power or function to the Chief Executive Officer. (3) If a power or function has been delegated under paragraph (1) or (2) to the Chief Executive Officer, he or she may, with the approval of the States Employment Board, delegate by instrument in writing the power or function to another person who is – (a) a person approved by the States Employment Board; or (b) a member of a class of persons approved by the States Employment Board. 11 Annual Report The States Employment Board shall provide to the States, within 3 months after the end of each calendar year, a report in respect of the States Employment Board’s activities under this Law during the year. 12 Only States Employment Board to employ persons on behalf of States (1) Subject to any other enactment, whether in force before or after this Law comes into force, no person or body other than the States Employment Board may enter into contracts of employment with persons on behalf of the States or an administration of the States. (2) The States may, by Regulation, specify that paragraph (1) shall not apply in relation to the employment of a person or persons to an office, or a class of offices, prescribed by the Regulation. 13 Statutory offices Nothing in this Law apart from Part 5 shall be taken to affect a power, if any, under an enactment of the States to appoint a person to an office or to terminate under such an enactment the appointment of a person to an office, including but not limited to an office specified in the Schedule. PART 4 JERSEY APPOINTMENTS COMMISSION Application of Part 14 Interpretation In this Part – “former Appointments Commission” means the Appointments Commission established by Act of the States on 28th May 2002; “States’ employee” includes the holder of an office that is prescribed under Article 15 for the purposes of this Part. 15 This Part may be extended to apply to independent bodies The States may, by Regulation, prescribe to be States’ employees for the purposes of this Part the holders from time to time of prescribed offices, or prescribed classes of offices, who are employed under contracts of employment by independent bodies and who would not otherwise be States’ employees for the purposes of this Part. 16 Senior States’ offices (1) The States may prescribe, by Regulation, the offices of States’ employees, or the classes of offices of States’ employees, that are to be senior States’ offices for the purposes of this Part. (2) The Commission may, in writing, determine the offices of States’ employees, or the classes of offices of States’ employees, that are to be senior States’ offices for the purposes of this Part, in addition to the offices or classes, if any, prescribed under paragraph (1). Establishment of Jersey Appointments Commission 17 Jersey Appointments Commission established (1) The Jersey Appointments Commission shall be established. (2) The Commission shall consist of – (a) a Chairman; and (b) not more than 4 other Commissioners, appointed under Article 18. (3) The former Appointments Commission shall cease to exist on and from the date on which this Article comes into force. 18 Membership of Commission (1) Commissioners shall be appointed by the States on the recommendation of the Chief Minister. (2) The Chief Minister may only recommend a person under paragraph (1) with the approval of the States Employment Board. (3) The States Employment Board may only approve a person for the purposes of paragraph (2) if it is of the opinion that the person has expertise and experience in – (a) recruitment within the public or private sectors; (b) management at a senior level in the public, private, academic or voluntary sectors; or (c) other matters relevant to the powers and functions of a Commissioner. (4) Subject to this Article and Article 19, the Chairman shall hold office for 4 years but may be re-appointed. (5) A Commissioner (other than the Chairman) shall hold office, subject to this Law, for the period of not more than 4 years that is specified in his or her instrument of appointment, but may be re-appointed. (6) A person shall not be appointed to be a Commissioner if he or she is a States’ employee or a member of, or an employee of, the States, an administration of the States or an independent body. (7) A person shall not be re-appointed as a Commissioner if the re-appointment would have the effect that he or she would be a Commissioner for more than 8 consecutive years, unless he or she is the Chairman during the subsequent years for which he or she would be re-appointed. (8) A person shall not be appointed to be the Chairman for more than 8 consecutive years. (9) For the purposes of paragraphs (7) and (8), any period before the commencement of this Law during which a person was a Commissioner, or the Chairman, of the former Appointments Commission shall be taken to be a period of appointment as a Commissioner, or the Chairman, as the case may be, under this Law. (10) A Commissioner shall be appointed on the terms and conditions specified by the States Employment Board. (11) The remuneration of a Commissioner shall not be reduced during the period of his or her appointment. (12) No term or condition of the appointment of a Commissioner shall be altered during the period of the appointment without the agreement of the Commissioner. 19 Removal from office of member of Commission (1) The States may dismiss a Commissioner on the grounds it thinks fit. (2) The Commission may notify the Chief Minister that it is of the opinion that the States should dismiss a Commissioner because – (a) the Commissioner, without reasonable cause and without giving reasonable notice to the Commission, failed to attend 3 consecutive meetings of the Commission; (b) the Commission is of the opinion that the Commissioner is incompetent or incapable of carrying out the Commissioner’s functions under this Law; or (c) the Commission is of the opinion, on reasonable grounds, that the Commissioner is not capable of exercising independent judgment in relation to the appointment of States’ employees. (3) The Chief Minister shall inform the States of an opinion of which he or she has been notified under paragraph (2). (4) A person shall cease to hold the office of Commissioner if he or she becomes a States’ employee or a member of, or an employee of, the States, an administration of the States or an independent body. (5) A Commissioner may, by notice in writing to the Chief Minister, resign as a Commissioner. 20 Deputy Chairman and Secretary and Executive Officer of Commission (1) The Commission shall appoint one of its members to be the Deputy Chairman, to act as the Chairman in the absence of the Chairman. (2) The Commission shall appoint a person to be the Secretary and Executive Officer of the Commission. 21 Meetings of the Commission (1) The Commission shall meet at least 4 times each year. (2) At a meeting of the Commission – (a) the quorum shall be constituted by 3 Commissioners; (b) one of the Commissioners at the meeting shall be – (i) the Chairman, (ii) in the absence of the Chairman, the Deputy Chairman, or (iii) in the absence of the Chairman and the Deputy Chairman, a person nominated at the meeting to carry out the functions of the Chairman at the meeting; (c) the Chairman, or, in the absence of the Chairman, the Deputy-Chairman, or in the absence of both the Chairman and the Deputy-Chairman, the person nominated under sub-paragraph (b)(iii), shall preside; (d) each Commissioner shall have one vote on each matter for deliberation; (e) a decision of the Commission shall be made by a majority of the votes of the Commissioners present at the meeting at which the decision is made; and (f) if the votes on a matter are equal, the person presiding over the meeting in accordance with sub-paragraph (c) shall have a casting vote in addition to his or her own vote. (3) A decision under paragraph (2) at a meeting is of no effect unless each Commissioner was given at least 24 hours prior notice of the meeting of the Commission or all the Commissioners are present at the meeting. (4) The Commission may invite any person to attend at, and to speak at, a meeting of the Commission. 22 Minutes of meetings of the Commission (1) The Secretary and Executive Officer of the Commission shall prepare draft minutes of each meeting of the Commission and ensure they are laid before the Commission at its next meeting. (2) The Commission shall, at the next meeting of the Commission, adopt minutes of the previous meeting. (3) The Secretary and Executive Officer of the Commission shall retain copies of minutes adopted under paragraph (2) and ensure that the minutes may be examined, on demand, by a Commissioner. Powers and function of Commission 23 Function of Commission The function of the Commission is to oversee the recruitment of States’ employees so as to ensure that, as far as practicable – (a) the recruitment of persons as States’ employees is fair, efficient and conducted in accordance with best practice principles and procedures; (b) States’ employees are appointed on merit; and (c) members of the States are only involved in the recruitment of States’ employees in accordance with guidelines made under Article 24 or otherwise in circumstances where, in the opinion of the Commission, it is appropriate that they be involved. 24 Guidelines (1) The Commission shall from time to time produce and review guidelines that are to apply in relation to the recruitment of States’ employees. (2) Guidelines produced under paragraph (1) shall contain details as to – (a) how recruitment of States’ employees is to be performed; (b) the grounds on which States’ employees are to be selected; and (c) the circumstances in which a member of the States may be involved in the recruitment of States’ employees. (3) The Commission shall ensure that guidelines produced under paragraph (1) are available for viewing by any person. (4) The Commission shall take all reasonable steps to ensure that guidelines produced under paragraph (1) are followed in relation to the recruitment of States’ employees. 25 Audit of recruitment practices (1) The Commission may carry out, or order to be carried out, an audit of the recruitment practices in relation to – (a) States’ employees of an administration of the States; or (b) States’ employees of an independent body. (2) The Commission may require a person to provide information to the Commission, or to another person, carrying out an audit under paragraph (1). (3) The Commission shall, within 3 months of the completion of an audit under paragraph (1) in relation to a States’ employee of an administration of the States, produce a report in relation to the audit and provide a copy of the report to – (a) the States Employment Board ; (b) the Chief Executive Officer; and (c) the head of the administration of the States. (4) The Commission shall, within 3 months of the completion of an audit under paragraph (1) in relation to States’ employees of an independent body, produce a report in relation to the audit and provide a copy of the report – (a) to the head of the independent body to which the audit relates; and (b) if an administration of the States is accountable to the States in relation to the independent body – to the head of the administration of the States. (5) A report under paragraph (3) or (4) may contain recommendations arising from the audit conducted under paragraph (1) to which the report relates. (6) A person who fails, without reasonable excuse, to comply with a requirement under paragraph (2) commits an offence and shall be liable to a penalty of level 2 on the standard scale. 26 Recruitment of persons to senior States’ offices (1) The Commission may give a notice in writing under this paragraph to – (a) the Chief Executive Officer; (b) the head of an administration of the States; or (c) the head of an independent body . (2) A notice under paragraph (1) shall require the person to whom it is given to give, to a person nominated by the Commission in the notice to be an observer, 14 days notice before the commencement of recruitment of a person to be employed as the holder of – (a) a senior States’ office; or (b) an office that is a member of a class of senior States’ offices. (3) The head of an administration of the States, or of an independent body, to whom a notice is given under paragraph (1) shall, unless otherwise advised by the Commission, ensure that the person nominated in the notice to be an observer is informed of any meeting taking place relating to the recruitment of a person to be employed as the holder of a senior States’ office to which the notice relates. (4) A person nominated by the Commission in a notice under paragraph (1) to be an observer is entitled to attend any meeting that takes place relating to the recruitment of a person to be employed as the holder of a senior States’ office to which the notice relates. (5) In this paragraph, “meeting” includes, but is not limited to including – (a) a meeting at which persons decide who is to be interviewed or who is to be employed as the holder of an office; and (b) a meeting at which a candidate for employment as the holder of an office is interviewed or assessed following an interview. 27 Report to be made to States Employment Board in certain circumstances (1) The Commission shall produce a report, and provide a copy of the report to the States Employment Board, if the Commission is not satisfied that – (a) the recruitment of a States’ employee was in accordance with the principles set out in Article 23; or (b) Article 26 has been complied with. (2) A report under paragraph (1) shall set out the reasons why the Commission is dissatisfied and the facts on which those reasons are based. 28 Reports (1) The States may direct the Commission – (a) to prepare a report in relation to a matter specified in the direction within the period specified in the direction; or (b) to include in a report for the purposes of paragraph (4) a report in relation to a matter specified in the direction. (2) The Commission shall comply with a direction under paragraph (1). (3) A report prepared in accordance with a direction under paragraph (1)(a) shall be delivered to the States Employment Board. (4) The Commission shall, within 3 months after the end of each calendar year, prepare and deliver to the States Employment Board, a report on – (a) the Commission’s activities during that calendar year; (b) any matter in relation to which a report has been given under Article 25 or 27 during that calendar year; (c) any matter specified in a direction under paragraph (1)(b) to be a matter that is to be included in the Commission’s report for that calendar year; and (d) other matters the Commission thinks fit. (5) The Chief Minister shall, within 30 days after a report is delivered to the States Employment Board in accordance with paragraph (3) or (4), lay the report before the States. 29 States may direct Commission (1) The States may direct the Commission to carry out under this Part any of its functions, or exercise any of its powers, in relation to – (a) an administration of the States specified by the States in the direction; or (b) an independent body. (2) A direction under paragraph (1) may specify the action that the Commission shall take under this Law. (3) The Commission shall comply with a direction of the States under paragraph (1). PART 5 AMENDMENTS TO OTHER ENACTMENTS 30 Amendment of Loi (1937) sur l’atténuation des peines et sur la mise en liberté surveillée In Article 7 of the Loi (1937) sur l’atténuation des peines et sur la mise en liberté surveillée for paragraphs (4), (5) and (6) there shall be substituted the following paragraphs – “(4) Un délégué aura la qualité d’employé des Etats (‘States’ employee’) dans le sens de l’Article 1 de la Loi dite Employment of States of Jersey Employees (Jersey) Law 200-. (5) Nonobstant qu’il est un employé des Etats, un délégué ne pourra ê tre suspendu de son emploi que par Monsieur le Bailli et ne pourra ê tre destitué de son emploi que par une décision du Nombre Supérieur de la Cour Royale. (6) Ni – (a) le Directeur Exécutif; ni (b) le Conseil de l’Emploi des Etats; ni (c) un Ministre; ni (d) une personne agissant de la part d’aucun d’iceux, ne pourra diriger en aucune façon l’exécution des devoirs d’un délégué.”. 31 Amendment of Aerodromes (Administration) (Jersey) Law 1952 (1) In this Article, any reference to a provision is a reference to the provision in the Aerodromes (Administration) (Jersey) Law 1952. [2] (2) In Article 1 – (a) for the definition “Airport Director” there shall be substituted the following definition – “ ‘Airport Director’ means the person who is, under Article 2, the Airport Director;”; (b) for the definition “Harbour Master” there shall be substituted the following definition – “ ‘Harbour Master’ has the meaning it has in the Harbours (Administration) (Jersey) Law 1961 [3] and includes a person acting under that Law as the Harbour Master;”. (3) For Article 2 there shall be substituted the following Article – “2 Airport Director (1) There shall be an Airport Director. (2) The Airport Director shall be the person employed under the Employment of States of Jersey Employees (Jersey) Law 200- as the Airport Director . (3) The Airport Director shall – (a) police, control and administer the aerodromes in Jersey; and (b) perform any other duties he or she is directed to perform in relation to air navigation by the Minister. (4) The States Employment Board within the meaning of the Employment of States of Jersey Employees (Jersey) Law 200- may appoint a States’ employee within the meaning of that Law to act as the Airport Director during any time when the Airport Director is not on duty, is absent from Jersey or is suspended from the office of Airport Director or there is a vacancy in the office of the Airport Director. (5) A person appointed under paragraph (4) has, while acting as the Airport Director, the powers and functions of the Airport Director under this or any other enactment. (6) The Airport Director shall, on or as soon as practicable after becoming Airport Director, take oath before the Royal Court to well and faithfully discharge his or her duties as Airport Director. (7) A person appointed under paragraph (4) to act as the Airport Director shall, on or as soon as practicable after being so appointed, take oath before the Royal Court to well and faithfully discharge the duties of the Airport Director while acting as the Airport Director.”. 32 Amendment of Prison (Jersey) Law 1957 (1) In this Article, any reference to a provision is a reference to the provision in the Prison (Jersey) Law 1957. [4] (2) In Article 1(1) – (a) after the definition “attendance centre order” there shall be inserted the following definition – “ ‘Governor’ means the person employed under the Employment of States of Jersey Employees (Jersey) Law 200- as the Governor for the purposes of this Law;”; (b) after the definition “prisoner” there shall be inserted the following definition – “ ‘prison officer’ means a person employed under the Employment of States of Jersey Employees (Jersey) Law 200- as a prison officer for the purposes of this Law;”. (3) In Article 3(1), after the word “contracts” there shall be inserted the words “, other than contracts of employment,”. (4) For Article 7 there shall be substituted the following Article – “7 Chaplain and medical officer The Minister for Home Affairs shall appoint for the prison – (a) a chaplain who is a clergyman of the Church of England; and (b) a medical officer who shall be a doctor.”. 33 Amendment of Fire Service (Jersey) Law 1959 (1) In this Article, any reference to a provision is a reference to the provision in the Fire Service (Jersey) Law 1959. [5] (2) In Article 1, for the definition “Chief Officer” there shall be substituted the following definition – “ ‘Chief Officer’ means the person who is, under Article 2A, the Chief Officer of the Fire Service;”. (3) In Article 2, paragraphs (2) and (3) shall be deleted. (4) After Article 2 there shall be inserted the following Articles – “2A Chief Officer (1) There shall be a Chief Officer of the Fire Service. (2) The Chief Officer shall be the person employed under the Employment of States of Jersey Employees (Jersey) Law 200- as the Chief Officer of the Fire Service. 2B Acting Chief Officer (1) The Minister may appoint a States’ employee within the meaning of the Employment of States of Jersey Employees (Jersey) Law 200- to act as the Chief Officer during any time when the Chief Officer is not on duty, is absent from Jersey or is suspended from the office of Chief Officer or there is a vacancy in the office of the Chief Officer. (2) A person appoin ted under paragraph (1) has, while acting as the Chief Officer, all the pow ers and functions of the Chief Officer under this or any other enactment. 2C Fire service officers Persons, other than the Chief Officer, who are employed under the Employment of States of Jersey Employees (Jersey) Law 200- as members of the Fire Service shall be fire service officers for the purposes of this Law.”. 34 Amendment of Harbours (Administration) (Jersey) Law 1961 (1) In this Article, any reference to a provision is a reference to the provision in the Harbours (Administration) (Jersey) Law 1961. [6] (2) In Article 1 – (a) for the definition “Harbour Master” there shall be substituted the following definition – “ ‘Harbour Master’ means the person who is, under Article 2, the Harbour Master;”; (b) for the definition “officer” there shall be substituted the following definition – “ ‘officer’ means a States’ employee within the meaning of the Employment of States of Jersey Employees (Jersey) Law 200-;”. (3) For Article 2 there shall be substituted the following Articles – “2 Harbour Master (1) There shall be a Harbour Master. (2) The Harbour Master shall be the person employed under the Employment of States of Jersey Employees (Jersey) Law 200- as the Harbour Master . (3) The Harbour Master shall be responsible for – (a) the policing, operational control and safety of the harbours and territorial waters of Jersey; and (b) such other matters as the Minister entrusts to the Harbour Master for the carrying into effect of any legislation that is in force from time to time relating to shipping and sea navigation. 2A Acting Harbour Master (1) The States Employment Board within the meaning of the Employment of States of Jersey Employees (Jersey) Law 200- may appoint one or more employees within the meaning of that Law to act as the Harbour Master – (a) in relation to matters in respect of which the Harbour Master has directed the employee to act as the Harbour Master, whether the matters arise in relation to this Law or any other Law; and (b) during any time when the Harbour Master is not on duty, is absent from Jersey or is suspended from the office of Harbour Master or there is a vacancy in the office of the Harbour Master. (2) A person appointed under paragraph (1) has, during the period of his or her appointment – (a) while acting as the Harbour Master under paragraph (1)(a), the powers and functions of the Harbour Master under this or any other enactment in relation to matters in respect of which the Harbour Master has directed the employee to act as the Harbour Master; and (b) while acting as the Harbour Master under paragraph (1)(b), the powers and functions of the Harbour Master under this or any other enactment. 2B Oaths (1) The Harbour Master shall, on or as soon as practicable after becoming Harbour Master, take oath before the Royal Court to well and faithfully discharge his or her duties as Harbour Master. (2) A person appointed under Article 2A to act as the Harbour Master shall, on or as soon as practicable after being so appointed, take oath before the Royal Court to well and faithfully discharge, while acting as the Harbour Master, his or her duties as the Harbour Master under that Article.”. 35 Amendment of the Departments of the Judiciary and the Legislature (Jersey) Law 1965 (1) In this Article, any reference to a provision is a reference to the provision in the Departments of the Judiciary and the Legislature (Jersey) Law 1965. [7] (2) In Article 1 – (a) in paragraph (1) for the words “officers (within the meaning of the Civil Service Administration (Jersey) Law 1953, as amended)” there shall be substituted the words “officers who shall be persons who are States’ employees within the meaning of the Employment of States of Jersey Employees (Jersey) Law 200-”; (b) for paragraph (2) there shall be substituted the following paragraphs – “(2) An officer shall not be appointed under paragraph (1) to the Bailiff’s Department, the Law Officers Department, the Viscount’s Department or the Judicial Greffe, except with the consent of the Bailiff, the Attorney General, the Viscount or the Judicial Greffier, respectively. (2A) An officer who is appointed under paragraph (1) to the Bailiff’s Department, the Law Officers Department, the Viscount’s Department or the Judicial Greffe – (a) shall not have that appointment suspended or terminated; and (b) while so appointed shall not have his or her employment by the States Employment Board suspended or terminated, except with the consent of the Bailiff, the Attorney General, the Viscount or the Judicial Greffier, respectively. (2B) An officer who is appointed under paragraph (1) to the Bailiff’s Department, the Law Officers Department, the Viscount’s Department or the Judicial Greffe shall not be directed or supervised in the discharge of his or her duties as such an officer by the Chief Executive Officer, the States Employment Board, a Minister or a person acting on behalf of such a person.”. (3) In Article 8(1), for the words “by the Policy and Resources Committee” there shall be substituted the words “by the States Employment Board”. 36 Amendment of Education (Jersey) Law 1999 (1) In this Article, any reference to a provision is a reference to the provision in the Education (Jersey) Law 1999. [8] (2) In Article 1(1), there shall be inserted before the definition of “child” the following definition – “ ‘Chief Officer’ means the person employed under the Employment of States of Jersey Employees (Jersey) Law 200- as the Chief Officer of the administration of the States relating to education;”. (3) In Articles 31(4), 36(2) and (3) and Schedule 5, paragraph 5(1), for the words “Director of Education” in each place where they appear there shall be substituted the words “Chief Officer”. (4) Articles 55 and 56 shall be repealed. 37 Amendment of Public Library (Jersey) Regulations 2003 (1) In this Article, any reference to a provision is a reference to the provision in the Public Library (Jersey) Regulations 2003. [9] (2) In Regulation 3 – (a) paragraph (1) shall be deleted; (b) for paragraph (3) there shall be substituted the following paragraph – “(3) The Chief Librarian shall be the person employed under the Employment of States of Jersey Employees (Jersey) Law 200- as the Chief Librarian.”. (3) In Regulation 4, for paragraph (1) there shall be substituted the following paragraph – “(1) The States Employment Board within the meaning of the Employment of States of Jersey Employees (Jersey) Law 200- may appoint such other States’ employees (within the meani n g of that Law ) and other employees as it thinks fit to assist the Chief Librarian.”. 38 Amendment of States of Jersey Law 2005 (1) In this Article, any reference to a provision is a reference to the provision in the States of Jersey Law 2005. [10] (2) In Article 25(7), for the definition “officer” there shall be substituted the following definition – “ ‘officer’ means a States’ employee within the meaning of the Employment of States of Jersey Employees (Jersey) Law 200-.”. (3) In Article 27(5), for the definition “officer” there shall be substituted the following definition – “ ‘officer’ means a States’ employee within the meaning of the Employment of States of Jersey Employees (Jersey) Law 200- and includes a member of the States of Jersey Police Force and an officer appointed under paragraph 1(1) of Part 1 of Schedule 2 to the Immigration Act 1971 as extended to Jersey by the Immigration (Jersey) Order 1993 . [11] ”. (4) In Article 40 – (a) after paragraph (4) there shall be inserted the following paragraph – “(4A) The Greffier of the States and the Deputy Greffier of the States shall be appointed on such terms and conditions as to salary, allowances, pensions or gratuities, if any, as are determined by the States Employment Board after negotiation with the Greffier of the States and the Deputy Greffier of the States respectively.”; (b) in paragraph (5) for the word “officers” there shall be substituted the words “officers, who shall be person who are States’ employees within the meaning of the Employment of States of Jersey Employees (Jersey) Law 200-,”; (c) after paragraph (5) there shall be inserted the following paragraphs – “(5A) An officer shall not be appointed under paragraph (5) except with the consent of the Greffier of the States. (5B) An officer who is appointed under paragraph (5) – (a) shall not have that appointment suspended or terminated; and (b) while so appointed shall not have his or her employment by the States Employment Board suspended or terminated, except with the consent of the Greffier of the States. (5C) An officer who is appointed under paragraph (5) – (a) shall discharge his or her duties under that appointment under the direction and general supervision of the Greffier of the States; and (b) shall not be directed or supervised in the discharge of those duties by the Chief Executive Officer, the States Employment Board, a Minister or a person acting on behalf of such a person.”. 39 Repeal etc. Regulations The States may by Regulations – (a) amend this Law; and (b) make such repeal, amendment, transitional and savings provisions in relation to other enactments as are necessary or convenient upon the coming into effect of this Law. PART 6 CONCLUDING PROVISION 40 Citation and commencement (1) This Law may be cited as the Employment of States of Jersey Employees (Jersey) Law 2005. (2) Article 1, this Article and Article 39 shall come into force 7 days after this Law is registered in the Royal Court. (3) The remaining provisions of this Law shall come into force on such day or days as the States by Act appoint. a.h. harris Deputy Greffier of the States. SCHEDULE (Articles 2(4) and 13) OFFICES THE HOLDERS OF WHICH ARE NOT STATES’ EMPLOYEES Bailiff Deputy Bailiff Attorney General Solicitor General Viscount Deputy Viscount Judicial Greffier Deputy Judicial Greffier Greffier of the States Deputy Greffier of the States Master of the Royal Court [1] Chapter 16.300. [2] Chapter 03.035. [3] Chapter 19.060. [4] Chapter 23.775. [5] Chapter 23.175. [6] Chapter 19.060. [7] Chapter 16.300. [8] Chapter 10.800. [9] Chapter 10.200.30. [10] L.8/2005. [11] Chapter 21.700.