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Administrative Decisions (Review) (Guernsey) (Amendment) Law, 2018

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PROJET DE LOI
 
ENTITLED
 
The Administrative Decisions (Review) (Guernsey) (Amendment) Law, 2018
 
THE STATES, in pursuance of their Resolution of the 2nd day of March, 2016[a], 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.
 
Amendments to the 1986 Law.
1.      The Administrative Decisions (Review) (Guernsey) Law, 1986, is amended as follows -
 
(a)      in the arrangement of sections -
 
(i)      immediately after the entry "1. Application by complainant for review of administrative decisions.", insert entry "1A. The Complaints Panel.", and
 
(ii)      in entry 2, for the words "Chief Executive or Her Majesty's Greffier", substitute "the Complaints Panel",
 
(b)      in section 1 -
 
(i)      for "he may apply to the Chief Executive of the States of Guernsey", substitute "that person may apply to the Complaints Panel", and
 
(ii)      delete from ":" to the end of the section,
 
(c)      immediately after section 1, inserting the following section -
 
"The Complaints Panel.
1A.      (1)      The States shall, upon recommendation of the Policy & Resources Committee, appoint a panel to be called the Complaints Panel which shall consist of such number of persons as in the opinion of the States is necessary for the purpose of carrying out the functions of the Complaints Panel established under this Law.
 
(2)      The members of the Complaints Panel shall be persons who, in the opinion of the States, have sufficient experience and knowledge to enable them to decide matters likely to fall for decision by the Complaints Panel.
 
(3)      The States shall from time to time appoint a Panel Chair from amongst the members of the Complaints Panel.
 
(4)      The Panel Chair may appoint a Deputy Panel Chair from amongst the members of the Complaints Panel who may perform the functions of the Panel Chair.
 
(5)      The following may not be members of the Complaints Panel -
 
(a)      a Member of the States of Deliberation,
 
(b)      a member of a Committee who is not also a Member of the States of Deliberation,
 
(c)      a Dean for the time being of a Douzaine of one of the Parishes of the Island of Guernsey,
 
(d)      any person who holds appointment to any judicial office in the Bailiwick, or
 
(e)      an employee of the States.
 
(6)      The Panel Chair shall select 3 members of the Complaints Panel to exercise the functions of the Complaints Panel in relation to an application made under section 1 of this Law.
 
(7)      A member of the Complaints Panel may resign as Panel Chair or a member by serving a notice in writing on the Policy & Resources Committee.
 
(8)      Where, on the recommendation of the Policy & Resources Committee, the States resolves to dismiss a member of the Complaints Panel where that member is -
 
(a)      under a legal disability,
 
(b)      convicted of an indictable offence, or
 
(c)      otherwise unable or unfit to continue in office,      
 
that member shall forthwith no longer be a member of the Complaints Panel.
 
(9)      Any complaint or other document to be served on the Complaints Panel shall be served on the Panel Chair, care of the principal officer to the Panel.
 
(10)      The Policy & Resources Committee shall -
 
(a)      appoint a principal officer to the Complaints Panel on such terms and conditions and with such functions, and
 
(b)      provide such other officers and facilities,
 
as it thinks fit.",
 
                  (d)      in section 2 -                  
 
(i)      in the title, for the words "Chief Executive or Her Majesty's Greffier", substitute "the Complaints Panel",
 
(ii)      for the words "the Chief Executive of the States of Guernsey or Her Majesty's Greffier, as the case may be,", substitute "the Complaints Panel",
 
(iii)      for the words "his" and "he", substitute "its" and "it",
 
(iv)      in paragraph (i) of the proviso, for the words "him would in the opinion of the Chief Executive of the States of Guernsey or Her Majesty's Greffier, as the case may be,", substitute "the Chairman would in the opinion of the Complaints Panel", and
 
(v)      in paragraph (ii) of the proviso -
 
(A)      for the words "the Chief Executive of the States of Guernsey or Her Majesty's Greffier, as the case may be," substitute "the Complaints Panel", and
 
(B)      for "President", substitute "Presiding Officer",
 
(e)      in section 3 -
 
(i)      renumber the text of section 3 as subsection (1),
 
(ii)      in subsection (1) as renumbered -
 
(A)      for the words "The Chief Executive of the States of Guernsey or Her Majesty's Greffier, as the case may be,", substitute "The Complaints Panel",
 
(B)      for "his", substitute "its",
 
(C)      in paragraph (b), immediately before the words "the matter complained of", insert "unless subsection (2) applies",
 
(D)      in paragraph (d), immediately after "vexatious", insert ", unreasonable",
 
(E)      immediately after paragraph (e), insert the following paragraph -
 
"(ea)      the complainant has not exhausted the internal complaints procedures of the relevant Committee in respect of the matter complained of," ,
 
(F)      in paragraph (f) -
 
(aa)      for the words "the Chief Executive of the States of Guernsey or Her Majesty's Greffier, as the case may be,", substitute "the Complaints Panel", and
 
(ab)      for ".", substitute ", or", and
 
(G)      immediately after paragraph (f), insert the following paragraph -
 
"(g)      the complaint would require the Board to make a finding of medical negligence or malpractice in order to form an opinion for the purposes of section 7.", and
 
(iii)      immediately after subsection (1), insert the following subsection -
 
      "(2)      Where -
 
(a)      the matter complained of relates to a decision, act or omission of which the complainant has had knowledge for more than twelve months, but
 
(b)      the Complaints Panel is of the opinion that -
 
(i)      there are exceptional circumstances which justify the making of a complaint after twelve months have elapsed since the complaint had knowledge of the decision, act or omission, or
 
(ii)      it is otherwise in the interests of justice that the complaint should be referred to the Chairman,
 
the Complaints Panel may refer the complaint to the Chairman. ",
 
(f)      in section 4 -
 
(i)      in subsection (1)(a), delete "and",
 
(ii)      in subsection (1)(b), for ".", substitute ", and",
 
(iii)      immediately after subsection (1)(b), insert the following paragraph -
 
"(c)      persons who are not -
 
(i)      Members of the States of Deliberation, and
 
(ii)      the Dean of the Douzaine of any Parish of the Island of Guernsey,
 
appointed by the Chairman (hereinafter referred to as "the independent Members").",
 
(iv)      in subsection (2), for the words "every year", substitute "within 6 weeks of a General Election",
 
(v)      for subsection (3), substitute the following subsection -
 
"(3)      Subject to -
 
(a)      subsection (4), the Chairman and Deputy Chairman, and
 
(b)      subsection (5), the independent Members,
 
shall, unless that Member of the Panel resigns by serving a notice in writing on the Policy & Resources Committee, hold office until the date of the following General Election.",
 
(vi)      for subsection (4), substitute the following subsection -
 
"(4)      Where any Member of the Panel ceases to be qualified for membership of the Panel in accordance with the provisions of subsection (1)(a) or (b), that Member shall forthwith be deemed to have ceased to be a Member of the Panel, and, in that event, where a Member of the Panel holds also the office of Chairman or Deputy Chairman, that Member shall equally forthwith be deemed to have ceased to be Chairman or Deputy Chairman, as the case may be.", and
 
(vii)      immediately after subsection (4), insert the following subsections -
 
"(5)      Where the Chairman decides to dismiss one of the independent Members where that Member is -
 
                  (a)      under a legal disability,
 
(b)      convicted of an indictable offence, or
 
(c)      otherwise unable or unfit to continue,
 
that Member shall forthwith no longer be a member of the Panel.
 
(6)      Where -
 
(a)      the Chairman or Deputy Chairman resigns or ceases to be a Member of the Panel, the States shall appoint a replacement Chairman or Deputy Chairman (as the case may be), and
 
(b)      an independent Member of the Panel resigns or is dismissed, the Chairman may appoint a replacement Member.",
 
(g)      in section 5(1) -
 
(i)      for the word "three", substitute "four", and
 
(ii)      in paragraph (c), for "President", substitute "Presiding Officer",
 
(h)      in section 6 -
 
(i)      for the words ", the Chief Executive of the States of Guernsey and Her Majesty's Greffier, as the case may be,", substitute "and the Complaints Panel", and
 
(ii)      in paragraph (b) -
 
(A)      for the words ", the Chief Executive of the States of Guernsey or Her Majesty's Greffier", substitute "or the Complaints Panel", and
 
(B)      for the words immediately after the words "as if" until the end of the paragraph, substitute "that person was a witness before the Royal Court, in the same manner as set out in article 20E of the Reform (Guernsey) Law, 1948[b]",
 
(i)      in section 10(1) -
 
(i)      immediately after the entry ""complainant"", insert the following entry -
 
""the Complaints Panel" has the meaning assigned to it in section 1A of this Law,",
 
(ii)      immediately after the entry ""enactment"", insert the following entries -
 
""General Election" means a General Election for the office of People's Deputy in accordance with the Reform (Guernsey) Law, 1948,
 
"the independent Members" has the meaning assigned to it by section 4 of this Law,",
 
(iii)      delete the entry ""Her Majesty's Greffier"",
 
(iv)      immediately after the entry ""the Members"", insert the following entries -
 
""a Member of the States of Deliberation" has the meaning set out in article 1(1) of the Reform (Guernsey) Law, 1948,
 
"Panel Chair" includes any person designated by the Panel Chair to carry out the functions of Panel Chair due to illness or unavailability, and
 
"the Policy & Resources Committee" means the States of Guernsey Policy & Resources Committee.", and
 
(v)      delete the entry ""Chief Executive of the States of Guernsey"".
 
Interpretation.
2.      In this Law, unless the context requires otherwise -
 
"enactment" includes a Law, an Ordinance and any subordinate legislation and includes any provision or portion of a Law, an Ordinance or any subordinate legislation,
 
"subordinate legislation" means any regulation, rule, order, rule of court, resolution, scheme, byelaw or other instrument made under any statutory, customary or inherent power and having legislative effect, but does not include an Ordinance,
 
and references in this Law to any enactment are references thereto as amended, varied, re-enacted (with or without modification), extended or applied.
 
Citation.
3.      This Law may be cited as the Administrative Decisions (Review) (Guernsey) (Amendment) Law, 2018.
 

[a]

Article XIII of Billet d'État No. VI of 2016. 

[b]

Ordres en Conseil Vol. XIII, p. 288; there are amendments not relevant to this enactment.