Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2003 (Consolidated text)

Summary

This is a historical machinery-of-government Ordinance that reorganised the internal structure of the States of Guernsey administration. It transferred the functions, rights and liabilities of numerous States committees (and their Presidents) to newly created States departments (and their Ministers), and updated statutory references throughout Guernsey law accordingly. It is an internal governmental reorganisation instrument rather than a rule directed at private regulated businesses.

• Transfer of functions: Functions, rights and liabilities of committees listed in Schedule 1 (e.g. Advisory and Finance Committee, Board of Administration, Board of Health) are transferred to the corresponding departments (e.g. Policy Council, Treasury and Resources Department, Home Department) named in Schedule 1.
• Statutory reference updates: Any reference in a relevant enactment (Law, Act of Parliament extended to the Bailiwick, or Ordinance) to a transferring committee or its President is automatically read as a reference to the successor department or its Minister.
• States Supervisor references: References to the States Supervisor in any relevant enactment are replaced with references to the Chief Executive of the States of Guernsey.
• Subordinate legislation: The transfer and reference-update provisions also apply to subordinate legislation made under a relevant enactment.
• Savings and transitional provisions: Anything done, or in progress, by a transferring committee, its President, or the States Supervisor before commencement continues to have effect as if done by, or may be continued by, the successor department, Minister or Chief Executive.
• Detailed schedule mapping: Schedule 2 lists specific Laws, Ordinances, Acts and subordinate legislation affected by each transfer, showing which named laws move to which department (e.g. financial services and company laws moved to what is now the Commerce and Employment Department lineage).

For compliance purposes, this Ordinance is chiefly useful as a historical reference for tracing which States department (and later, following further reorganisations, which current authority) succeeded a given committee under a named law. It does not itself create ongoing filing, disclosure or licensing obligations for regulated entities.

Deadlines

• 6th May, 2004: Date the Ordinance was brought into force, per the Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2003 (Commencement) Ordinance, 2004

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