States of Jersey Police Force Law 2012 (Appointed Day) (No. 2) Act 201-

Information about the publication of Ministerial Decisions

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demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
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A decision made 16 May 2014:

Decision Reference: MD-HA-2014-0036
Decision Summary Title :	States of Jersey Police Force Law 2012 (Appointed Day) (No.2) Act 201-		Date of Decision Summary:	14 May 2014
Decision Summary Author:	Executive Officer Home Affairs		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	States of Jersey Police Force Law 2012 (Appointed Day) (No.2) Act 201-		Date of Written Report:	14 May 2014
Written Report Author:	Chief Officer Home Affairs		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: States of Jersey Police Force Law 2012 (Appointed Day) (No.2) Act 201-.
Decision(s): The Minister approved the draft Appointed Day Act (No.2) in respect of the States of Jersey Police Force Law 2012.
Reason(s) for Decision: The draft Appointed Day Act (No.2) will bring into force on 1 August 2014 the remaining articles of the States of Jersey Police Force Law 2012 that were not brought into force on 24 July 2013 by the first Appointed Day Act.
Resource Implications: There are no additional manpower or financial implications that arise from bringing into force the remaining articles of the Law. The costs associated with the Police Authority, which is already in operation, were set out in the report accompanying the first Appointed Day Act.
Action required: The Executive Officer, Home Affairs to request the Greffier of the States to arrange for the draft States of Jersey Police Force Law 2012 (Appointed Day) (No.2) Act to be lodged ‘au Greffe’ for consideration by the States 1 July 2014.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

States of Jersey Police Force Law 2012 (Appointed Day) (No. 2) Act 201-

Report to accompany the second Appointed Day Act

States of Jersey Police Force Law 2012

The States of Jersey Police Force Law 2012 (‘the 2012 Law’) was adopted by the States on 15 May 2012, sanctioned by Order of Her Majesty in Council on 17 October 2012 and registered by the Royal Court on 26 October 2012. As the 2012 Law was adopted by the States two years ago, members may wish to refer to the covering Report at P182/2011 which explains its purpose and provisions.

A number of articles were brought into force on the 24th July 2013 by the first Appointed Day Act at P78/2012 to facilitate the establishment of the Jersey Police Authority. These are Articles 1, 2, 3(1) to 4, 4 to 7, 17(1) to (4), 18 to 20, 34 and Schedule 1 paragraph 11(9). The Jersey Police Authority has since been constituted by the Minister for Home Affairs through the appointment of its Chairman and Members. The purpose of this second Appointed Day Act is to bring into force all the remaining articles of the Law.

A number of articles provide for the introduction of new Regulations or Orders. Instructions for this subordinate legislation have been submitted, some having required extensive legal advice beforehand. However, a number of issues remain to be resolved and this, together with the drafting time involved, has meant that most of the subordinate legislation cannot be brought forward at this time. The Department is aiming to achieve this in the next States session. Notwithstanding the delay, the remaining articles of the 2012 Law are able to be brought into force if accompanied by the States of Jersey Police Force (Transitional Provisions) (Jersey) Order 201- which the Minister for Home Affairs will make in due course.

Transitional provisions are required in relation to Article 9 of the Police Force (Jersey) Law 1974 which makes provision for the appointment, suspension and dismissal of the Chief Officer and the appointment of the Deputy Chief Officer. These provisions will be treated as if they remain in force until such time as Regulations under Article 9 of the 2012 Law are made. Transitional provisions are also required in relation to the Police Force (General Provisions) (Jersey) Order 1974 and the Police Force (Disposal of Property) (Jersey) Regulations 1974. The 1974 Order will remain in force until such time as an Order under Article 10 (appointment of other officers) and Article 13 (general orders) of the 2012 Law comes into force. The 1974 Regulations will continue to apply until such time as an Order under Article 28 (property in possession of police officers) of the 2012 Law comes into force.

There are also Regulation-making powers under Articles 24, 26 and 27 of the 2012 Law; however, these are permissive and do not prevent the remaining articles of the Law being brought into force. In relation to Article 24, a minor amendment is being lodged separately in order to clarify that the Police may make a charge, subject to conditions set out in Regulations, for goods and services.

Financial and Manpower Implications

There are no further financial and manpower implications of bringing the remainder of the 2012 Law into force.