Island Planning (Amendment No. 9) (Jersey) Law 2005

L.34/2005 Island Planning (Amendment No. 9) (Jersey) Law 2005 A LAW to amend further the Island Planning (Jersey) Law 1964 to provide for the Minister with responsibility for that Law to delegate certain functions under that Law to the Planning Applications Panel, to provide for the establishment of that Panel and its functions and to provide for related matters. Adopted by the States 19th July 2005 Sanctioned by Order of Her Majesty in Council 15th November 2005 Registered by the Royal Court 9th December 2005 THE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – 1 Articles 6A to 6G inserted After Article 6 of the Island Planning (Jersey) Law 1964 [1] there shall be inserted the following Articles – “6A Delegation of certain functions to Planning Applications Panel (1) The Minister may delegate, either wholly or partly, the functions conferred upon or vested in the Minister under – (a) Articles 6, 9 and 22; (b) an Order made under Article 13; and (c) an Order made under Article 23, to the Panel established under Article 6B and may attach any condition, exception or qualification to the delegation that he or she considers appropriate. (2) Where the Minister delegates a function in accordance with this Article, he or she shall notify the States accordingly and specify the functions so delegated. (3) The power of the Minister under paragraph (1) to delegate a function is in addition, and without prejudice, to the power of the Minister under Article 27 of the States of Jersey Law 2005. [2] (4) The delegation of any functions under this Article shall not prevent the Minister from exercising those functions personally. (5) A delegation of any functions under this Article (or any condition, exception or qualification attached to a delegation) may be amended at any time. 6B Planning Applications Panel (1) There is established a Planning Applications Panel (the “Panel”) which shall carry out the functions delegated to it in accordance with Article 6A. (2) The Panel shall, subject to Article 6C(8), consist of the following members (‘Panel members’) – (a) an Assistant Minister appointed under Article 6C(1)(a); and (b) 2 persons who are elected members and appointed under Article 6C(1)(b), and shall, subject to this Law, regulate its own procedures by standing orders or otherwise. (3) The quorum for the Panel shall be 3. (4) Civil proceedings in respect of a decision of the Panel that is made in exercise of a function of the Minister delegated to the Panel under Article 6A shall be instituted against the Minister. 6C Appointment to, and terms of membership of, Panel (1) The Minister shall – (a) subject to the agreement of the Chief Minister, appoint an Assistant Minister to the Panel; and (b) subject to the approval by the States of the nominations made under paragraph (2), appoint 2 elected members to the Panel. (2) The Minister shall nominate to the States 2 elected members for appointment to the Panel and the States shall either approve or reject each such nomination and – (a) if the States approves a nomination, the Minister shall appoint the elected member concerned to the Panel under paragraph (1); or (b) if the States rejects a nomination, the Minister shall make a new nomination for the vacancy. (3) The period of membership of the Panel for a Panel member shall be 3 years. (4) The Minister may revoke the appointment of a Panel member – (a) subject to the agreement of the Chief Minister, in the case of an appointment under paragraph (1)(a); and (b) subject to the approval of the States, in the case of an appointment under paragraph (1)(b). (5) A Panel member may resign from the Panel. (6) Where a vacancy occurs that is caused by the resignation, death, revocation of appointment or expiry of the period of appointment of a Panel member or the Panel member ceasing to be an elected member – (a) paragraph (1) shall apply to the appointment to fill that vacancy; and (b) if that vacancy is a single vacancy to which Article 6B(2)(b) applies, paragraphs (1) and (2) shall be construed accordingly. (7) There shall be 2 reserve members of the Panel (‘reserve members’) who shall be appointed by the Minister and the Minister shall, for that purpose, nominate to the States 2 elected members for appointment as reserve members and the States shall either approve or reject each such nomination and – (a) if the States approves a nomination, the Minister shall appoint the elected member concerned as a reserve member; or (b) if the States rejects a nomination, the Minister shall make a new nomination for the vacancy. (8) A reserve member shall, in accordance with the procedures of the Panel, sit on the Panel as a Panel member in either of the following circumstances – (a) if a Panel member is unable to attend a meeting of the Panel; (b) if a vacancy specified in paragraph (6) occurs, during the period between the vacancy occurring and the appointment to fill that vacancy. (9) The period of appointment as a reserve member shall be 3 years and – (a) the Minister may revoke an appointment and paragraph (4) shall apply to the revocation and be construed accordingly; (b) a reserve member may resign; and (c) where a reserve member resigns, dies, has his or her appointment revoked or his or her period of appointment expires or he or she ceases to be an elected member, paragraph (7) shall apply to the appointment to fill that vacancy and shall be construed accordingly. (10) An appointment as a Panel member or a reserve member shall expire if the member ceases to be an elected member. (11) A Panel member and a reserve member shall be eligible for re-appointment. (12) In this Article – ‘Assistant Minister’ has the meaning assigned to it by the 2005 Law; ‘elected member’ has the meaning assigned to it by the 2005 Law; ‘2005 Law’ means the States of Jersey Law 2005. 6D Immunity from legal proceedings for Panel members No civil or criminal proceedings may be instituted against a Panel member (including a reserve member) – (a) for any words, arising out of the exercise of a function delegated to the Panel, spoken or written by a Panel member (including a reserve member); or (b) by reason of any other matter or thing brought by the Panel member (including a reserve member) to the Panel. 6E Immunity from criminal proceedings for certain persons Where any permission or authorization is granted in purported exercise of a function delegated under Article 6A, 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 permission or authorization by reason that the functions had not be delegated, or that any requirement attached to a delegation of the functions had not been complied with. 6F Minutes of Panel to be evidence A copy of any minutes of the Panel signed in accordance with the procedures of the Panel shall be received in evidence without further proof. 6G Protection in civil proceedings for publication without malice (1) This Article applies to civil proceedings instituted for publishing any account or summary of or any extract from or abstract of any document published under the authority of the Panel or any of its proceedings. (2) The court shall enter judgement for the defendant if satisfied that such account, summary, extract or abstract was published bona fide and without malice.”. 2 Citation and commencement This Law may be cited as the Island Planning (Amendment No. 9) (Jersey) Law 2005 and shall come into force on the same date as Article 42(3) of the States of Jersey Law 2005. m.n. de la haye Greffier of the States. [1] chapter 22.225 [2] chapter 16.800