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Reform (Enactment of Ordinances) (Sark) Law, 2000

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PROJET DE LOI

ENTITLED

 

The Reform (Enactment of Ordinances) (Sark) Law, 2000

 

 

THE CHIEF PLEAS OF SARK, in pursuance of their Resolution of 6th October 1999, 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 Sark.

 

Early enactment of certain Ordinances

1.      In the Reform (Sark) Law, 1951[a] immediately after section 8 there is inserted:

 

"Provisionally effective Ordinances

8A.      (1)      This section applies in the case of any Ordinance which the Chief Pleas are empowered to make pursuant to this Law or any other enactment for the time being in force, and in respect of which a Law Officer of the Crown has certified that its immediate or early enactment is in his opinion necessary or expedient in the public interest.

 

(2)      Where a draft of any Ordinance to which this section applies is presented to the General Purposes and Advisory Committee (hereinafter referred to as "the Committee") at the instance of the Chief Pleas or of the States of Guernsey, or at the instance of any Authority, Board, Committee or Council of the Chief Pleas or the States of Guernsey, the Committee may, if in its opinion the immediate or early enactment thereof is necessary or expedient in the public interest, order that the same shall be operative either immediately or from such future date as the Committee shall prescribe.

 

 

 

(3)      An Ordinance ordered by the Committee to be operative immediately or from a prescribed future date in accordance with subsection (2) of this section shall have effect accordingly in all respects, but subject to subsections (4) and (5) of this section, as if it had been made by the Chief Pleas on the date of the Committee's order.

 

(4)      Every Ordinance which comes into effect by virtue of this section shall be laid before the next meeting of the Chief Pleas in such manner as the Chief Pleas may from time to time resolve; and if at that meeting the Chief Pleas resolve that the Ordinance be annulled it shall cease to have effect, but without prejudice to anything previously done thereunder or to the making by the Committee of an order under subsection (2) of this section in respect of a new Ordinance.

 

(5)      Where a copy of an Ordinance having effect by virtue of subsection (3) of this section is transmitted to the Royal Court of Guernsey pursuant to section 8(3) of this Law (as applied by subsection (3) of this section) that Court may annul the Ordinance on the ground (instead of or in addition to those specified in the said section 8(3)) that the order under subsection (2) of this section is unreasonable or ultra vires the Committee.".

 

Citation

2.      This Law may be cited as the Reform (Enactment of Ordinances) (Sark) Law, 2000.

 


[a]

Orders en Conseil Vol. XV, p. 215; Vol.XXIII, p. 200; Vol. XXVII, p. 385; Vol XXIX, p. 352; Vol. XXXI, p.320; No. XII of 1991