Merchant Seamen's Benefit Society: Repeals Law.

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A decision made (04/09/2006) regarding Merchant Seamen's Benefit Society: Repeals Law.

Subject:	Merchant Seamen’s Benefit Society: Repeals Law
Decision Reference:	MD-C-2006-0039		Exempt clause(s):	n/a
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:	n/a
Written report – Title	Merchant Seamen’s Benefit Society: Lois sur la Société de Bienfaisance de la Marine Marchande de Jersey (Repeals) (Jersey) Law 200-
Written report – Author (name and job title)	Jeremy Harris, Policy Adviser
Decision(s): To approve a draft law, entitled the ‘Lois sur la Société de Bienfaisance de la Marine Marchande de Jersey (Repeals) (Jersey) Law 200-‘, for consideration by the States. The effect of this draft Law would be – (a) to repeal – (i) the Law of 1894 by which the Society was granted its original Act of Incorporation; and (ii) the Law of 1938 governing the administration of the funds and business of the Society; and (b) to provide for the property, rights and liabilities of the Society to be transferred to the “Jersey Merchant Seaman’s Benefit Society Incorporated” to be incorporated by the Royal Court.
Reason(s) for decision: It is planned that changes should be made to the rules governing the administration of the Society, but it is considered that it would be much too cumbersome to continue using primary legislation for this purpose. It is therefore proposed that the Society should instead seek incorporation by acte of the Royal Court, as this means that future changes to the constitution and administration of the Society would no longer require the vehicle of primary legislation.
Action required: JH to arrange with the States Greffe for the draft law to be lodged ‘au Greffe’ for consideration by the States on 24th October 2006.
Signature: Chief Minister		Date of Decision: 4 September 2006

Merchant Seamen's Benefit Society: Repeals Law.

REPORT TO CHIEF MINISTER

Merchant Seamen’s Benefit Society:

Lois sur la Société de Bienfaisance de la Marine Marchande de Jersey (Repeals) ( Jersey ) Law 200-

Introduction:

The Chief Minister is asked to approve the draft ‘Lois sur la Société de Bienfaisance de la Marine Marchande de Jersey (Repeals) (Jersey) Law 200-‘ for consideration by the States.

Discussion:

The background to the proposed change is set out in the report accompanying the draft law. The draft law relates to the Jersey Merchant Seamen’s Benefit Society, which was founded in 1835 with the aim of relieving financial hardship suffered by merchant seamen or their families. The Society was formally incorporated by law in 1894, and a further law was passed in 1934 in order to make changes to the Society’s rules.

Circumstances have of course changed radically since the 1934 Law was enacted, and it is planned that further changes should be made to the rules governing the administration of the Society and its funds. It is considered that it would be much too cumbersome to continue using primary legislation to determine the rules for the administration for the Society, and it is therefore proposed that the Society should instead seek incorporation by acte of the Royal Court. If the Society were to be incorporated under the Court, future changes to the constitution and administration of the Society would no longer require the vehicle of primary legislation.

The effect of this legislation, therefore, is to pave the way for the Society to be incorporated by the Royal Court.

This proposal does not have any resource implications, as confirmed below –

Financial: Nil

Manpower: Nil

Property: Nil

ICT: Nil

Law Drafting: Nil (the draft legislation has already been drafted and is attached to this report).

The draft Law has been considered by the Legislation Advisory Panel and it has their support. The Panel’s recommendation to the Chief Minister is that it should be approved and lodged ‘au Greffe’ for consideration by the States.

Recommendation:

It is recommended that the Chief Minister should approve the draft Law and agree that it be lodged ‘au Greffe’ for consideration by the States on 24th October 2006.

Jeremy Harris,

Policy Adviser

24th August 2006