Sark Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2017

THE STATES POLICY & RESOURCES COMMITTEE, in exercise of the powers conferred upon the States by sections 1 and 3 of the Public Functions (Transfer and Performance) (Bailiwick of Guernsey) Law, 1991[a] and all other powers enabling the States in that behalf, and in exercise of the powers conferred on the Committee by Article 66A(1) of the Reform (Guernsey) Law, 1948[b], as amended, hereby orders:-

1.      The functions, rights and liabilities of a committee named in column 2 of the Schedule and of its Chairman arising under or by virtue of any relevant enactment are transferred to and vested in, respectively, the committee named in relation to that committee in column 3 of the Schedule and its Chairman.

2.      For any reference in any relevant enactment to a committee named in column 2 of the Schedule or its Chairman, however expressed, there is substituted a reference to the committee named in relation to that committee in column 3 of the Schedule or (as the case may be) its Chairman.

3.      Anything done before the date of the commencement of this Ordinance or in the process of being done on that date by or in relation to a committee named in column 2 of the Schedule or its Chairman, under or by virtue of any relevant enactment, shall have effect as if done or (as the case may be) may be continued by or in relation to the committee named in relation to that committee in column 3 of the Schedule or (as the case may be) its Chairman.

4.      The provisions of sections 1, 2 and 3 also apply in relation to any subordinate legislation made or having effect as if made under a relevant enactment as they apply to a relevant enactment; and the provisions of the relevant enactment under which the subordinate legislation was made are varied insofar as is necessary to give effect to this section.

5.      (1)      In this Ordinance the expression "relevant enactment" means-

(a)      any Law, and any Act of Parliament extended to the Bailiwick, other than one applicable only in Sark or Alderney,

(b)      any Ordinance of the States of Deliberation of Guernsey, and

(c)      any subordinate legislation made by any department, council or committee (however called) of the States of Guernsey,

and "subordinate legislation" means any regulation, rule, order, rule of court, resolution, scheme, byelaw or other instrument (including any provision or portion of any such regulation, rule, order, rule of court, resolution, scheme, byelaw or other instrument) made under any relevant enactment and having legislative effect.

(2)      The Interpretation (Guernsey) Law, 1948[c] shall apply to the interpretation of this Ordinance.

6.      This Ordinance may be cited as the Sark Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2017.

7.      This Ordinance shall come into force on 18^th January, 2017.