Reform (Guernsey) (Amendment) Law, 2009

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PROJET DE LOI

ENTITLED

The Reform (Guernsey) (Amendment) Law, 2009

THE STATES, in pursuance of their Resolutions of the 28^th September, 2007[a] and the 30^th September, 2009[b], have approved the following provisions which, subject to the Sanction of Her Most Excellent Majesty in Council, shall have force of law in the Islands of Guernsey, Herm and Jethou:-

Amendment of Law of 1948.

1. The Reform (Guernsey) Law, 1948, as amended[c] is further amended as follows.

2. In Article 3 -

(a) in paragraph (1) -

(i) for "paragraphs (2), (3), (4) and (5)" substitute "paragraphs (4) and (5)",

(ii) for "twenty members" substitute "a number of voting Members equal to the nearest whole number above one half of the number of voting Members for the time being specified in Article 1",

(b) paragraphs (2) and (3) are repealed, and

(c) in paragraphs (4) and (5) for "Notwithstanding the provisions of paragraphs (1), (2) and (3)" substitute "Without prejudice to paragraph (1)".

3. In Article 20F(2)(e)(i)[d] after "a reprimand" insert "or caution".

Amendment of Law of 1972.

4. The Reform (Amendment) (Guernsey) Law, 1972, as amended[e] is further amended as follows.

5. For section 16 substitute the following -

"States employees and public officers may not be States Members.

16. (1) A States employee or public officer who is elected under the provisions of the principal Law to hold office as a member of the States of Deliberation may not take before the Royal Court the oaths required to be taken under Article 19 of the principal Law unless and until he ceases to be a States employee or public officer (as the case may be).

(2) A member of the States of Deliberation who has taken the oaths referred to in subsection (1) must resign as such a Member before commencing employment as a States employee or commencing office as a public officer.".

6. In section 18 -

(a) after the definition of "office of the States" insert the following definition -

""public officer" means a person who is -

(a) the holder of judicial office in any court in the island of Guernsey,

(b) a member of the regular armed forces,

(d) the Director General of the Guernsey Financial Services Commission,

(e) the Director General of Utility Regulation,

(f) the Data Protection Commissioner,

(g) the Public Trustee, or

(h) the holder of any other office specified by Ordinance of the States,", and

(b) in the definition of "States employee" after the words "employed by the States of Guernsey" insert "(whether on a full time or part time basis)".

Citation.

7. This Law may be cited as the Reform (Guernsey) (Amendment) Law, 2009.

[a]	Article XVIII of Billet d'État No. XX of 2007.
[b]	Article XI of Billet d'État No. XXI of 2009.
[c]	Ordres en Conseil Vol. XIII, p. 288; Vol. XIV, p. 407; Vol. XV, p. 279; Vol. XVI, p. 178; Vol. XVIII, p. 275; Vol. XIX, p. 84; Vol. XIX, p. 140; Vol. XXII, p. 122; Vol. XXIII, p. 476; Vol. XXV, p. 326; Vol. XXVI, p. 255; Vol. XXIX, p. 56; Vol. XXX, p. 16; Vol. XXXI, p. 164; Vol. XXXII, p. 41; Vol. XXXIV, p. 397; Vol. XXXVI, p. 478; No. III of 1998; No. X of 1998; No. XIII of 2003; No. III of 2004; No's. II and XX of 2007; No. XIII of 2008; the Royal Court (Reform) (Guernsey) Law, 2008 (No. XXII of 2008); also amended by Recueil d'Ordonnances Tome XXIX, p. 406; and Ordinance XXVI of 2008.
[d]	Article 20F was inserted by No. II of 2007.
[e]	Ordres en Conseil Vol. XXIII, p. 476; Vol. XXVI, p. 255; Vol. XXXIV, p. 397; and No. XIII of 2003; also amended by Recueil d'Ordonnances Tome XXIX, p. 427; and Tome XXXI, p. 666.