Judgements (Reciprocal Enforcement) (Amendment No. 3) (Jersey) Act 201-

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

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
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 18 March 2010 regarding: Judgements (Reciprocal Enforcement) (Amendment No. 3) (Jersey) Act 201-.

Decision Reference: MD-C-2010-0027
Decision Summary Title :	Judgements (Reciprocal Enforcement) (Amendment No. 3) (Jersey) Act 201-		Date of Decision Summary:	8 March 2010
Decision Summary Author:	Project and Research Officer		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 :	Judgements (Reciprocal Enforcement) (Amendment No. 3) (Jersey) Act 201-		Date of Written Report:	8 March 2010
Written Report Author:	Law Officer’s Department		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Judgements (Reciprocal Enforcement) (Amendment No. 3) (Jersey) Act 201-
Decision(s): The Chief Minister agreed to lodge the Judgements (Reciprocal Enforcement) (Amendment No. 3) (Jersey) Act 201-
Reason(s) for Decision: Jersey is party to reciprocal enforcement agreements with several other jurisdictions, allowing Jersey judgments to be enforceable in such countries and their judgments to be enforced in our Royal Court. This Act updates references to superior courts in British Isles jurisdictions. The principal change is to include references to the Supreme Court of the United Kingdom in relation to England and Wales, Scotland and Northern Ireland, which has now assumed the judicial functions previously undertaken by the House of Lords. However, the reference to the House of Lords in relation to England and Wales has been retained for now because for some time yet there may be judgments of that court for which reciprocal enforcement may be sought in Jersey.
Resource Implications: There are no manpower or financial implications
Action required: Policy & Research Manager to arrange for the Regulations to be lodged ‘au greffe’
Signature:		Position: Senator Terry Le Sueur Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

Judgements (Reciprocal Enforcement) (Amendment No. 3) (Jersey) Act 201-

Judgments (Reciprocal Enforcement) (Amendment No. 3) (Jersey) Act 201-

Report

Jersey is party to reciprocal enforcement agreements with several other jurisdictions, thus allowing Jersey judgments to be enforceable in such countries and their judgments to be enforced in our Royal Court.

The Judgments (Reciprocal Enforcement) (Jersey) Law 1960 (“the Jersey Law”) gives the States the power, under Article 3(1), to direct by Act that the Jersey Law be extended to a jurisdiction that reciprocally enforces Jersey judgments.

The Schedule to the Judgments (Reciprocal Enforcement) (Jersey) Act 1973 (“the Jersey Act”) lists the jurisdictions that the Jersey Law extends to as;

England and Wales;

Scotland;

Northern Ireland;

Isle of Man; and

Guernsey.

The States are given the power, under Article 3(2) of the Jersey Law, to direct by Act which courts of those countries shall be deemed superior courts and therefore their judgments enforceable in the Royal Court. The Schedule to the Jersey Act lists the superior courts for the above listed countries.

Regarding England and Wales, Scotland and Northern Ireland, The Supreme Court of the United Kingdom (“the Supreme Court”) has, from 1 October 2009, assumed the judicial functions of the House of Lords, pursuant to Sections 23 and 24 of the Constitutional Reform Act 2005 (“the UK Act”). The Supreme Court is now the highest appellant court for civil cases in England and Wales, Scotland and Northern Ireland, and the highest appellant court for criminal cases in England and Wales, and Northern Ireland.

The Schedule to the Jersey Act as a result requires amending to include the Supreme Court as a superior court of England and Wales, Scotland and Northern Ireland, so as to render any judgments delivered by the Supreme Court, on appeal from these three jurisdictions, to be enforceable in the Royal Court.

Previous judgments made by the House of Lords will still be on record as House of Lords judgments and thus the House of Lords will remain listed as a superior court of England and Wales, in order that any judgments by the House of Lords will remain enforceable in Jersey. For Northern Ireland, Section 59(2) of the UK Act states that; “The Supreme Court of Judicature of Northern Ireland is renamed the Court of Judicature of Northern Ireland.” This is done so as to avoid confusion between the Court of Judicature of Northern Ireland and the Supreme Court of the United Kingdom. This amendment must therefore be reflected in the Schedule to the Act. There is no need to retain reference to the “Supreme Court of Judicature of Northern Ireland” in the same manner that reference to the House of Lords is being retained because the former has simply been renamed and its judgments will be enforceable under the Jersey Act as judgments of the “Court of Judicature of Northern Ireland.”

Financial and manpower implications

There are no financial or manpower implications for the States.

Explanatory Note

This Act updates references to superior courts in British Islands jurisdictions.

The principal change is to include references to the Supreme Court of the United Kingdom in relation to England and Wales, Scotland and Northern Ireland.

However, the reference to the House of Lords in relation to England and Wales has been retained for now because for some time yet there may be judgments of that court for which reciprocal enforcement may be sought in Jersey.

Judgments (Reciprocal Enforcement) (Amendment No. 3) (Jersey) Act 201-

Made [date to be inserted]

Coming into force [date to be inserted]

THE STATES, in pursuance of Article 3 of the Judgments (Reciprocal Enforcement) (Jersey) Law 1960, have made the following Act –

1 Schedule substituted

For the Schedule to the Judgments (Reciprocal Enforcement) (Jersey) Act 1973 there shall be substituted the Schedule set out in the Schedule to this Act.

2 Citation and commencement

(1) This Act may be cited as the Judgments (Reciprocal Enforcement) (Amendment No. 3) (Jersey) Act 201-.

(2) This Act shall come into force on the 7th day after it is made.

SCHEDULE

(Article 1)

substituted schedule

SCHEDULE

Reciprocating countries	Superior Courts
England and Wales	The Supreme Court of the United Kingdom, the House of Lords, the Court of Appeal and the High Court of Justice.
Scotland	The Supreme Court of the United Kingdom, the Court of Session and the Sheriff Court.
Northern Ireland	The Supreme Court of the United Kingdom and the Court of Judicature of Northern Ireland.
Isle of Man	Her Majesty’s High Court of Justice of the Isle of Man (including the Staff of Government Division).
Guernsey	The Royal Court of Guernsey and the Court of Appeal of Guernsey.

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Draft 4 – 13 January 2010