Notice under Article 29A of the States of Jersey Law 2005: changes to Ministerial Offices – Draft States of Jersey (Transfer of Functions) Order 202- and Charities (Jersey) Law 2014

REPORT

Draft States of Jersey (Transfer of Functions) (Jersey) Order 202-

The Order appended deals with the transfer of the Charities (Jersey) Law 2014 from the Minister for External Relations to the Chief Minister.

In  addition,  the  appended  Order  renames  the  Minister  for  Sustainable  Economic Development as the "Minister for Economic Development", as a minor simplification; renames the Minister for Environment as "Minister for Environment, Agriculture, and Fisheries",  to  more  completely  reflect  the  functions  and  transfers  to  them  the Agricultural Returns (Jersey) Law 1947 as a further tidying up exercise recognising that this statistical law relating to agriculture is best assigned to them.

Charities (Jersey) Law 2014

Introduction

The charitable sector is central to the fabric of our community.

Ministers are grateful for the dedication and commitment of all involved.

We wish to deliver a coordinated and supportive environment in which charities can flourish, strengthening the relationship between Government and the charitable sector. Currently, however, responsibility within government is divided.

The Minister for External Relations has responsibility for the Charities (Jersey) Law 2014; and the Minister for Social Security has responsibility for "promotion of the third sector". In addition, each Minister has responsibility for the charities in their own areas of responsibility.

This is a fragmented environment, and means that government is often tactical and responsive, rather than strategic in its approach.

As Chair of the Council of Ministers, the Chief Minister is responsible for coordinating the common functions of Government. The Chief Minister is therefore best placed to hold overarching responsibility for the charitable sector as an important partner for government.

Once transferred, the Chief Minister intends to delegate these responsibilities to Senator Miles in her capacity as an Assistant Chief Minister. This will provide a political champion for the sector at the heart of government.

Effective Accountability

Individual Ministers are, and will remain, responsible for managing relationships with the charities within their areas of responsibility, including any commissioning or grant arrangements and decisions.

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This maintains clear lines of accountability between the Minister, the responsibilities they hold, the charities and other organisations involved in their delivery, and the budgets allocated to them.

In addition, it is important that government acts consistently and in a coordinated manner. Having an assigned champion in government can help with:

• A more consistent tone when engaging with the sector

• More consistent processes and governance practices supporting sustainability and long-term development (including for funding requests, and service and grant agreements).

• An overarching strategic vision for the sector.

• Increased opportunities for promoting philanthropy.

This  does  not  remove  accountability  from  individual  Ministers.  They  remain responsible for decision making in their areas of responsibility. Rather, it provides a better environment in which they can make decisions.

Why transfer to the Chief Minister

When the Charities (Jersey) Law 2014 was lodged, responsibility for the Law rested with the Chief Minister. The purpose of the legislation was clear:

"...to put in place a modern legal framework that will support Jersey charities to flourish, in order that they are better placed to deliver their own aims and objectives and meet community need."

The Law was therefore part of a broader ambition to support a thriving charitable sector while maintaining public trust and confidence.

For several years, responsibility for both the Charities Law and the wider promotion and development of the charitable sector sat with the Chief Minister.

Following the 2018 election, responsibility for the Charities Law was transferred to the Minister for External Relations, while responsibility for the promotion of the charitable sector was assigned to the Minister for Social Security.

This division separated functions that are closely connected.

While there are synergies between charitable activity, philanthropy and the financial services  portfolio,  responsibility  for  the  Charities  (Jersey)  Law  2014  is  most appropriately discharged at the centre of Government.

The  Charities  Law,  administered  proportionally  and  sensitively,  is  a  fundamental element of supporting the sector. Returning responsibility to the Chief Minister better reflects the original purpose of the legislation and its role in supporting the charitable sector.

R.143/2026

Under the States of Jersey Law 2005, the Council of Ministers' functions include "co- ordinating the policies and responsibilities policies and administration for which they are responsible", and the Chief Minister's functions include "coordinating, through the Council of Ministers, the discharge of its common functions".

This change will therefore support coordination across ministerial portfolios and help ensure that Government's approach to charities is consistent, coherent and aligned with wider policy objectives.

Financial Implications

There are no anticipated financial implications of this transfer of functions. Process

Article 29A(3) of the States of Jersey Law 2005 requires the Chief Minister to present a report to the States Assembly for a 14-day notice period before making an Order to make provision relating to the transfer of functions from one Minister to another.

In this case, a longer period will be provided with the intention of making the Order in September, after the first sitting. The provides more time for relevant stakeholders to comment, should they wish, and for liaison with relevant Panels to take place.

Conclusion

The charitable sector has an essential role in responding to the challenges islanders face, including around the cost of living and wellbeing. This transfer seeks to demonstrate the commitment of government, amplifying the voice of the sector within government and supporting coordinated and consistent responses.

Draft States of Jersey (Transfer of Functions) Order 202-  Contents

DRAFT STATES OF JERSEY (TRANSFER OF FUNCTIONS) ORDER 202-

Contents

DRAFT STATES OF JERSEY (TRANSFER OF FUNCTIONS) ORDER 202-

Made  [for LDO use only] Coming into force  [for LDO use only]

THE CHIEF MINISTER makes this Order under Article 29A of the States of Jersey Law 2005 –

1  Transfer of functions from Minister for External Relations to Chief Minister

In Article 1 (interpretation) of the Charities (Jersey) Law 2014, for "Minister for External Relations" there is substituted "Chief Minister".

2  Transfer of functions from Minister for the Environment to Minister for

Planning and Regulation

1. In  the  Planning  and  Building  (General  Development)  (Jersey)  Order 2011, Schedule 1  (permitted  development),  Part 7  (demolition),  in  the  row  for "Conditions",  in  paragraph  A.4,  for  "Minister  for  the  Environment"  there  is substituted "Minister for Planning and Regulation".
2. In  the  Royal  Court  Rules  2004,  for  "Minister  for  the  Environment"  there  is substituted "Minister for Planning and Regulation" in the following places –

1. Rule 15A/1(2)(c);
2. Schedule 4A (form of notice of appeal under the High Hedges (Jersey) Law 2008), in the form;
3. Schedule 4B (form of notice of appeal under the  Planning and Building (Jersey) Law 2002), in the form.

3  Minister for Sustainable Economic Development renamed as Minister for

Economic Development

1. The Minister for Sustainable Economic Development is renamed as the Minister for Economic Development.
2. Accordingly, in Article 1 of the States of Jersey (Ministerial Offices) Order 2022, for "Minister for Sustainable Economic Development" there is substituted "Minister for Economic Development".

3. Schedule 1 makes further amendments that are consequential on, or incidental or supplementary to, that renaming.

4  Minister for the Environment renamed as Minister for Environment,

Agriculture and Fisheries

1. The Minister for the Environment is renamed as the Minister for Environment, Agriculture and Fisheries.
2. Accordingly, in Article 1 of the States of Jersey (Ministerial Offices) Order 2022, for "Minister for the Environment" there is substituted "Minister for Environment, Agriculture and Fisheries".
3. Schedule 2 makes further amendments that are consequential on, or incidental or supplementary to, that renaming.

5  Transfer of functions from Minister for Sustainable Economic Development to

the Minister for Environment, Agriculture and Fisheries

In Article 1(1) (interpretation and application) of the Agricultural Returns (Jersey) Law 1947, for "Minister for Sustainable Economic Development" there is substituted "Minister for the Environment, Agriculture and Fisheries".

6  Title

This Order is the States of Jersey (Transfer of Functions) Order 202-.

7  Commencement

1. Schedule 1, paragraph 1(2)(a) comes into force when Article 1(1) of the Alcohol Li censing (Jersey) Law 2026 comes into force.
2. Schedule 1, paragraph 1(2)(b) comes into force when  Article 3 of the Alcohol Li censing (Jersey) Law 2026 comes into force.
3. Schedule 1, paragraph 1(3) comes into force when Part 1 and Schedule 4 of the Cyber Security (Jersey) Law 2026 comes into force.
4. Schedule 1, paragraph 1(4) comes into force when Article 1 of the Heritage (Jersey) Law 2026 comes into force.
5. Schedule 2, paragraph 1(6) comes into force immediately after Article 6(1) of the States of Jersey (Ministerial Offices) Amendment Order 2026 comes into force.
6. Schedule 2, paragraph 1(7) comes into force when Article 1 of the Animal Welfare (Jersey) Law 2026 comes into force.
7. The rest of this Order comes into force 7 days after it is made.

SCHEDULE 1

(Article 3(3))

CONSEQUENTIAL, INCIDENTAL AND SUPPLEMENTARY AMENDMENTS ON RENAMING AS MINISTER FOR ECONOMIC DEVELOPMENT

1  Substitution of Minister's title

1. In each provision in the following table, for "Minister for Sustainable Economic Development" there is substituted "Minister for Economic Development" –

2. In the Alcohol Li censing (Jersey) Law 2026, for "Minister for Sustainable Economic Development" there is substituted "Minister for Economic Development" in –

1. Article 1(1);
2. Article 3(2)(a) and (3).

3. In  Article 1(1)  of  the  Cyber  Security  (Jersey)  Law 2026,  for  "Minister  for Sustainable Economic Development" there is substituted "Minister for Economic Development" in –

1. Article 1(1);
2. Schedule 4, paragraph 1, 2, 4 and 5.

4. In  Article 1  of  the  Heritage  (Jersey)  Law 2026,  for  "Minister  for  Sustainable Economic  Development"  there  is  substituted  "Minister  for  Economic Development".

SCHEDULE 2

(Article 4(3))

CONSEQUENTIAL, INCIDENTAL AND SUPPLEMENTARY AMENDMENTS ON RENAMING AS MINISTER FOR ENVIRONMENT, AGRICULTURE AND FISHERIES

1  Substitution of Minister's title

1. In each provision in the following table, for "Minister for the Environment" there is substituted "Minister for Environment, Agriculture and Fisheries" –

2. In the Animal Health (Jersey) Law 2016, in Article 1(1) for the definition of Minister there is substituted –

"Minister" means the Minister for Environment, Agriculture and Fisheries;

3. In the Endangered Species (CITES) (Jersey) Law 2012 –

1. in  Article  1(1),  in  the  definition  of  "Minister",  for  "Minister  for  the Environment" there is substituted "Minister for Environment, Agriculture and Fisheries";
2. in  Article  6(1),  for  "Minister  for  the  Environment"  there  is  substituted "Minister".

4. In the Export of Agricultural Produce (Jersey) Order 1972 –

1. in Article 1, after the definition of "licensee" there is inserted – "Minister" means the Minister for Environment, Agriculture and Fisheries;
2. in the following provisions, for "Minister for the Environment" there is substituted "Minister" –

1. Article 1 in the definitions of "field officer", "inspector" and "senior produce inspector";
2. Article 2(1) in the 4 places it occurs;
3. Article 3(1) in both places it occurs;
4. Article 4(1) and (2);
5. Article 5(2) in both places it occurs, (3) in both places it occurs, (4), (5)(g), (6) in both places it occurs, (8), (9), (10) in both places it occurs, (11), (12), (13), (14) and (15) in the 3 places it occurs;

6. Article 6(1), (2) in both places it occurs and (5);
7. Article 8(1) in both places, (2)(a) and (b);

(viii)  in Schedule 2 –

1. Part 2, in the paragraph headed "Presentation";
2. Part 5, in the paragraph headed "Presentation";
3. Part 7, in the paragraph headed "Grading" in the 4 places it occurs;
4. Part 8, in the paragraph headed "Covers and Markings".

5. In the Potatoes (Precautions against Blight) (Jersey) Order 1961 –

1. in Article 1, after the definition of "lifting" there is inserted – "Minister" means the Minister for Environment, Agriculture and Fisheries;
2. in the following provisions, for "Minister for the Environment" there is substituted "Minister" –

1. Article 1  in  the  definitions  of  "general  notice",  "inspector"  and "permit";
2. Article 2(1);
3. Article 4(4);
4. Article 6(1), (2) and (3) in both places it occurs;
5. Article 7(1), (2) and (3);
6. Article 8(1).

6. In  Article 1  of  the  Agriculture  and  Fisheries  (Loans)  (Jersey)  Law  2026,  for "Minister for the Environment" there is substituted "Minister for Environment, Agriculture and Fisheries".
7. In Article 1 of the Animal Welfare (Jersey) Law 2026, in the definition of "Minister" for "Minister for the Environment" there is substituted "Minister for Environment, Agriculture and Fisheries".

EXPLANATORY NOTE

This Order makes a series of transfers of functions between Ministers and renames 2 Ministers.

Article 1  transfers responsibility for the  Charities (Jersey) Law 2014  from the Minister for External Relations to the Chief Minister.

Article 2  makes  amendments  that  transfer  some  more  functions  of  the  Minister  for  the Environment to the Minister for Planning and Regulation (in addition to those already transferred by Schedule 1 of the States of Jersey (Ministerial Offices) Amendment Order 2026).

Article 3 renames the Minister for Sustainable Economic Development as the Minister for Economic Development and introduces Schedule 1, which amends other legislation to reflect the new name.

Article 4 renames the Minister for the Environment as the Minister for Environment, Agriculture and Fisheries and introduces Schedule 2, which amends other legislation to reflect the new name.

Article 5 transfers responsibility for the Agricultural Returns (Jersey) Law 1947 from the Minister for  Sustainable  Economic  Development  to  the  Minister  for  Environment,  Agriculture  and Fisheries.

Article 6 gives the title of the Order.

Article 7 states that this Order comes into force 7 days after it is made, except for amendments that are dependent on other legislation coming into force in the future.