Government of Alderney (Amendment) Law, 2000

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Please note that this Law has been repealed by Order in Council No. III of 2005 - Government of Alderney Law, 2004.

The Government of Alderney (Amendment) Law, 2000

THE STATES, in pursuance of their Resolutions of the 1st May, 1991, the 5th March, 1993, the 1st September, 1993, the 20th July, 1994 and the 6th November, 1996, have approved the following provisions which, subject to the Sanction of Her Most Excellent Majesty in Council, shall have force of law in the Island of Alderney.

Amendment to Law of 1987.

1. In the Government of Alderney Law, 1987, as amended[a]-

(a) section 15 is repealed;

(b) after section 38(2) insert the following subsection-

"(2A) A person shall also vacate the office of member of the States or President in the event of his legal disability or insolvency; and for the purposes of this subsection a person shall be deemed to be insolvent-

(a) if he has been declared to be insolvent pursuant to the provisions of the Law entitled "Loi ayant rapport aux Débiteurs et à la Renonciation" of 1929[b];

(b) if a Commissioner or Committee of Creditors has been appointed under that Law to supervise or secure his estate;

(c) if his affairs have been declared in a state of "désastre" by his arresting creditors at a meeting held before a Commissioner; or

(d) if a preliminary vesting order has been made against him in respect of any of his real property in the Bailiwick.";

"(3) For the avoidance of doubt, any statement made by a member of the States or by the President in the course of the proceedings of a meeting of the States shall, for the purposes of the laws of defamation, enjoy qualified privilege.";

(d) in section 42(1) for the words "a meeting of the electorate" substitute "a meeting open to the public";

(e) after section 42(1) insert the following subsection-

"(1A) Only a member of the electorate may speak at a people's meeting.";

(f) after section 43(1) insert the following subsection-

"(1A) The person presiding over a meeting of the States shall have the same powers in relation to the meeting as are conferred on a convener by section 42(3) in relation to a people's meeting.";

(g) after section 46 insert the following section-

"Establishment by Ordinance of Alderney Special

Constabulary.

46A. (1) There shall be established a special constabulary which shall be known as the "Alderney Special Constabulary" and the members of which shall be known as "special constables".

(2) The States may by Ordinance make provision in relation to the establishment and composition of the Alderney Special Constabulary and the powers and duties of special constables, including (without limitation)-

(a) the nomination, appointment, resignation and removal from office of special constables;

(b) the form of oath or affirmation to be taken by any person appointed as a special constable prior to entering on the functions of that office;

Provided always that a special constable may, subject to the provisions of any Ordinance under this section, be appointed with functions which are limited, whether by reference to their nature, the area in which they are to be performed or otherwise;

(d) the training, discipline, direction and control of special constables;

(e) the administration of the Alderney Special Constabulary;

(f) the issue to special constables, and the recovery from them, of badges, uniforms and other equipment.

(3) An Ordinance under this section-

(a) may be amended or repealed by a subsequent Ordinance hereunder;

(b) may contain such consequential, incidental, supplementary, transitional and savings provisions as may appear to the States to be necessary or expedient;

(c) may make provision for its enforcement, including provision in relation to the creation, trial and punishment of offences.";

(h) in section 59 for "7th day of April" substitute "7th May (or such other date as the States may by Ordinance appoint)";

(i) in section 62(1) in the definition of the expression "special constable" for the words "by the Court under section 15(1)" substitute "pursuant to an Ordinance made under section 46A";

(j) after paragraph (a)(v) of Schedule 2 insert the following subparagraph-

"(vi) all matters in relation to the disposal or destruction of the carcases of animals;";

(k) at the end of paragraph (k) of Schedule 2 insert the following words-

", and the regulation of the provision and use of bicycles as hired bicycles";

(l) at the end of paragraph (l) of Schedule 2 insert the following words-

"and all matters in relation to the repair, maintenance and improvement of public highways and signs thereon";

(m) after paragraph (p) of Schedule 2 insert the following paragraph-

"(pp) in relation to elections-

(i) the casting of votes by proxy;

(ii) the destruction of ballot papers;".

Statutory references to special constables.

2. For any reference in any enactment, statutory instrument or rule of court, however expressed, to a special constable appointed by the Court of Alderney under section 15 of the Government of Alderney Law, 1987 there shall be substituted a reference to a special constable appointed or deemed to be appointed pursuant to the provisions of an Ordinance made under section 46A of that Law (as inserted by section 1(g) of this Law).

Citation.

3. This Law may be cited as the Government of Alderney (Amendment) Law, 2000.

Commencement.

4. This Law shall come into force as follows-

(a) paragraphs (a), (g) and (i) of section 1, and section 2, shall come into force on the day appointed by Ordinance of the States; and

(b) the remainder of this Law shall come into force on the day of registration on the records of the Island of Guernsey.

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[a]	Ordres en Conseil Vol. XXX, p. 37; Vol. XXXI, pp. 83 and 306; No. XI of 1993; No. IX of 1995; No. IV of 1996; and No. IV of 1998.
[b]	Ordres en Conseil Vol. VIII, p. 310.