Constitution

1 Name:

(1) The name of the Association (hereinafter called the “Association”) is “Jersey Liberal Conservatives”.

(2) The Association shall be an incorporated association under the Loi (1862) sur les teneures en fidéicommis et l’incorporation d’associations (“the 1862 Law”) as amended from time to time.

2 Object:

(1) The object of the Association shall be to advance a political movement the aim of which is to improve people’s lives and to make Jersey a better place for everyone.

(2) In pursuit of the object, the Association adopts the Charter of Values and Aims set out in Schedule 1.

(3) In further pursuit of the object-

(a) the Association may seek to establish itself as a political party (“the Party”) for the endorsement of candidates for election to the States Assembly of Jersey; and to apply for registration of the Party in accordance with the Political Parties (Registration) (Jersey) Law 2008 (“the 2008 Law”);

(b) if application for registration in accordance with the 2008 Law is made, the Party Constitution will be as set out in Schedule 2.

3 Powers:

(1) In carrying out its object, the Association shall have the following powers-

i. to accept by gift, covenant, donation or legacy, to purchase, take on lease or exchange, hire or otherwise acquire and to hold any immoveable or moveable property and any rights or privileges connected therewith or interests therein which may in any way further the attainment of the object.of the Association;

ii. to develop any immovables acquired by the Association and in particular by preparing the same for building purposes, construction, demolition, decorating, maintaining, furnishing, fitting up and improving buildings, or any immovables acquired by the Association;

iii. to sell, let, mortgage, hypothecate, charge, dispose of or tum to account all or any of the property or assets of the Association as may be thought expedient;

iv. to borrow or raise money for the purposes of the Association on such terms and on such security as may be thought fit;

v. to invest the moneys of the Association not immediately required for its purposes in or upon such investments, securities or property as may be thought fit, subject nevertheless to such conditions (if any) and such consents (if any) as may for the time being be imposed or required by law and subject also as hereinafter provided;

vi. to establish and support or aid in the establishment and support or become a member of or co-operate with any association or institution whether incorporated or not and whether in Jersey or elsewhere and to subscribe or guarantee money for purposes in any way connected with the purposes of the Association or calculated to further its object;

vii. to manage all immovable estate and leaseholds received by or donated to the Association and not required to be occupied for the pw·poses of the Association;

viii. to take such lawful steps by appeals, public meetings or otherwise as may from time to time be deemed expedient for the purpose of procuring contributions to the funds of the Association in the form of donations, subscriptions or otherwise;

ix. to publish or procure the publication of a website, print and publish or procure to be printed and published or to circulate or procure to be circulated, electronically (by using any digital, magnetic, electromagnetic or other technology) or in hard copy, (whether gratuitously or not) any newspapers, periodicals, magazines, books, pamphlets or other documents, including interactive, non-interactive, on-demand, or near-demand content that may be deemed necessary or desirable for the promotion of the objects of the Association or any of them;

x. to employ such persons as may be necessary in the carrying out and general implementation of this Constitution and to provide for, arrange and implement the training of such persons;

xi. to do all such things as are incidental or necessary to the attainment of the above objects or any of them.

(2) Income and property of the Association may only be applied in furthering the Association’s object.

4 Definitions:

In this Constitution these terms have the following meanings – “The 1862 Law”: see paragraph 1(2);

“The 2008 Law”: see paragraph 2(3)(a);

“The Association” means” Jersey Liberal Conservatives”;

“Auditor” means –

(i) in the case of an individual, an individual who is a member of a recognized professional body and is permitted by that body to engage in public practice,

(ii) in the case of a partnership, a partnership that is a qualified partnership and where each of the persons who is responsible to it for examining or reporting on the accounts of an Association is an individual who is a member of a recognised professional body and is permitted by that body to engage in public practice,

(iii) in the case of a body corporate, a body corporate that is controlled by auditors and where each of the persons who is responsible to it for examining or reporting on the accounts of an Association is an individual who is a member of a recognised professional body and is permitted by that body to engage in public practice;

“The Charter of Values and Aims”: see paragraph 2(2) and Schedule 1;

“The Party”: see paragraph 2(3)(a);

“The Party Constitution”: see paragraph 2(3)(b) and Schedule 2;

“recognized professional body” (in relation to “Auditor”) means any of the following:

the Institute of Chartered Accountants in England and Wales; the Institute of Chartered Accountants of Scotland;

the Association of Chartered Certified Accountants; the Institute of Chartered Accountants in Ireland;

“Rules” shall mean any Rules adopted by the Association in general meeting as amended from time to time.

Unless the context otherwise requires, words importing the singular include the plural and vice versa, and words importing gender include all genders.

5 Members of the Association:

(1) The first Members of the Association shall be the persons whose names are set out in sub-paragraph (2). The first Members may from time to time nominate for appointment other persons to be Members of the Association (such other persons, if they accept appointment as Members, and the first Members to be known collectively · as ”the Founder-Members”), provided that there shall always be a minimum of three Members.

(2) The first Members of the Association are –

• Sir Philip Bailhache

• George Baird

• Ann Esterson

• Pierre Horsfall CBE

• Matthew Robins

• Susana Rowles

(3) Unless and until the Association has been registered by the Royal Court in accordance with the 2008 Law as a political party, any person who wishes to become a member of the Association must submit a signed application to the Secretary. Election to membership under this sub-paragraph shall be determined by the members.

6 Officers of the Association:

(1) The affairs of the Association shall, unless and until the Association has been registered as a political party pursuant to the 2008 Law, be managed by the following Officers –

• A Chair

• A Treasurer

• A Secretary

and such other Officers as the Founder Members of the Association may from time to time elect.

(2) The first Officers of the Association shall be –

• Sir Philip Bailhache, Chair

• Pierre Horsfall CBE, Vice-Chair

• Susana Rowles, Secretary

• George Baird, Treasurer

(3) The Chair must be a Member but any person, whether or not a Founder Member of the Association, is eligible to be elected as any other Officer.

(4) Upon the Association having been registered as a political party pursuant to the 2008 Law, the respective Officers of the Association shall be those Members who in accordance with the Party Constitution are the respective Officers of the Party.

7 Removal of Member or Officer:

Any Member of the Association shall cease to be a Member –

(a) if by notice in writing addressed to the Secretary, the Member resigns, or

(b) if the Members by a majority of two-thirds of such of the Members present at a Meeting duly convened for the purpose shall resolve that a Member be removed, or

(c) if the Member is guilty of misconduct or becomes incapable of performing the Member’s duties or commits an act of bankruptcy or indicative of insolvency.

8 Meetings of the Members:

(1) There shall be an Annual General Meeting of the Members of the Association held within six calendar months after the end of each financial year.

(2) The Members shall hold Ordinary Meetings at such times and for such purposes as the Members may decide.

Provided that any three Members may in writing to the Chair require that an Extraordinary Meeting be convened for the purpose to be stated in the notice within four weeks of the receipt of the said notice.

(3) The Annual General Meeting, Ordinary Meetings and Extraordinary Meetings are herein referred to as ‘General Meetings’.

(4) It shall be the duty of the Secretary to give to members at least 14 days’ notice of any General Meeting and to invite nominations for any vacant office or committee.

(5) At any General Meeting each member shall have the right to exercise one vote on any motion, and, save as set out in sub-paragraph (6) below each motion shall be decided by a simple majority of votes cast.

(6) Any motion to amend the Charter of Values and Aims, or paragraph 8(6), shall require a majority of three-quarters of the members, whether present or not.

9 Quorum of the Members / Committees:

(1) A quorum at General Meetings shall be not less than 3 of the Members present in person or by proxy, or such other number as may be set out in Rules.

(2) The Members shall have power to appoint Committees from among their number and may co-opt third parties to such Committees which shall have such powers and act upon terms laid down from time to time at a General Meeting.

10 The Chair:

The Chair, or in his absence, the Vice-Chair, shall preside at General Meetings of the Members of the Association and failing this, the meeting shall elect its own chair.

11 Registration of the Party:

(1) If the Association applies for registration by the Royal Court in accordance with the 2008 Law, the Chair, Treasurer and Secretary of the Association shall, if registration is obtained, and until any other arrangements are made pursuant to Schedule 2, be deemed for the purposes of Article 2 of the 2008 Law to be the Leader, Treasurer and Secretary, respectively, of the Party.

(2) Members of the Party shall be –

(a) the Founder Members of the Association, and

(b) each person who subsequently becomes a Member of the Party, pursuant to the Party Constitution set out in Schedule 2.

12 Finance:

(1) The Association’s financial year shall end on 31 December in each year.

(2) The Treasurer shall cause proper books of account to be kept with respect to –

(a) all sums of money received and expended by the Association and the matters in respect of which such receipts and expenditure take place;

(b) all sales .and purchases of goods by the Association; and

(3) Proper books shall be kept which give a true and fair view of the affairs of the Association and to explain the transactions.

(4) All funds of the Association shall as soon as possible after receipt be paid into the bank accounts to be opened and maintained in its name. Such accounts shall be under the control of the Members, which shall from time to time provide for their method of operation but so that the signature of at least two Members one of whom shall be either the Treasurer or the Chair shall at all times be required.

(5) All payments of money to be made on behalf of the Association shall be applied towards the Association’s object and shall be approved by the Members except that when it is not practicable to obtain the Members’ prior approval payment may be made on the written authority of two of the Officers and the payment so made shall be submitted for approval at the next meeting of the Members.

(6) The Members shall make adequate arrangements for the security and safe custody of all monies and books belonging to the Association.

13 Audit:

(1) The accounts relating to the Association’s affairs shall be examined annually by professional accountants appointed by the Members.

(2) They shall prepare financial statements to the end of the financial year and issue a limited assurance report in accordance with professional accountancy standards as prevail from time to time.

(3) In the event that the Members require an audit, the auditor shall be such firm or persons as are appointed by the Members and the following provisions shall apply:

(a) the accounts relating to the Association’s affairs shall be audited by such persons as are appointed by the Members;

(b) the Auditor appointed under sub-clause (a) shall make a report to the Members of the accounts examined by him, and on every balance sheet and profit and loss account laid before the Members during his tenure of office;

(c) the report shall state whether in the Auditor’s opinion the Association’s balance sheet and profit and loss account have been properly prepared and whether in his opinion a true and fair view is given –

(i) in the case of the balance sheet, of the state of the Association’s affairs as at the end of its financial year,

(ii) ‘in the case of the profit and loss account, of the Association’s profit and loss for its financial year;

(d) it shall be the duty of the Auditor, in preparing his report, to carry out such investigations as will enable him to form an opinion as to the following matters –

(i) whether proper books of account have been kept by the Association,

(ii) whether the Association’s balance sheet and profit and loss account are in agreement with the books of account and returns;

(e) if the Auditor is of the opinion that proper books of account have not been kept by the Association or if the balance sheet and profit and loss account are not in agreement with the books of account and returns, the Auditor shall state that fact in his report;

(f) the Auditor shall have a right of access at all times to the books accounts and vouchers of the Association, and shall be entitled to

require from the Committee such information and explanations as he thinks necessary for the performance of the duties of the Auditor;

(g) if the Auditor fails to obtain all the information and explanations which, to the best of his knowledge and belief, are necessary for the purposes of his audit, he shall state that fact in his report;

(h) the Auditor shall be entitled to attend any General Meeting of the Association and to receive all notices of, and other communications relating to, any General Meeting which any Member of the Association is entitled to receive, and to be heard at any General Meeting which he attends on any part of the business of the Meeting which concerns him as Auditor.

14 Indemnity:

The Members of the Association shall be indemnified by the Association for any liabilities incurred by them in good faith as a result of acting as the representative of the Association.

15 Dissolution:

(1) If the Association resolves by a simple majority of those present and voting that the Association shall be dissolved, any such dissolution shall be subject to complying with Article 10 of the 1862 Law.

(2) In the event of such dissolution, any assets remaining after the satisfaction of all proper debts and liabilities shall be given to such other Association or charities preferably having an object similar to that of the Association as the Association may decide, subject always to the approval of the Royal Court pursuant to an application in accordance with Article 10 of the 1862 Law:

Provided that no resolution to dissolve the Association shall be considered unless notice in writing setting out the terms of the resolution shall have been sent to every Member of the Association not less than eight weeks before the date of the meeting at which it is to be considered.

16 Alteration to this Constitution:

Subject to paragraph 8(6) above (which concerns any alteration of the Charter of Values and Aims or that paragraph), this Constitution may be altered by a resolution passed by a simple majority of those present and voting at a meeting of the Members of the Association:

Provided that no such resolution shall be considered unless notice in writing setting out the terms of the resolution shall have been sent to every Member not less than four weeks before the date of the meeting at which it is to be considered.

And provided always that no alteration to this Constitution shall be effective until approved by the Royal Court of Jersey in accordance with Article 4 of the 1862 Law or, as the case may be, Article 10 of the 1862 Law.

17 Representation:

The Chair, the Treasurer or the Secretary duly authorised by a Resolution of the Members of the Association shall represent the Association before the Royal Court of Jersey and before all tribunals whatsoever.

18 Address:

The address of the Association shall be L’Anquetinerie, Grouville, or such other address in Jersey as may from time to time be determined by a simple resolution of the Members.

19 Seal:

The Association may adopt a seal which shall be affixed in the presence of any two Members of the Association.

SCHEDULE 1

Paragraph 2(2)

Charter of Values and Aims

Values

I. Truth and transparency

Truthfulness and transparency are essential elements of democratic government. There can be no trust between government and the people unless it is known by the people that when government speaks, it speaks the truth. Lies, half-truths, and dissembling have no place in official communications. Government has a duty of transparency and should allow access to information upon which people can judge the performance of those whom they have elected.

II. Accountability and responsibility

Accountability lie atthe heart of a fully functioning democracy. Members of the States are elected to take political decisions in the interests of the public whom they serve. They are accountable to the public for their decisions and specifically for the prudent spending of taxpayers’ money. The independence of the civil service must be assured, so that officials can speak truth to power without inhibition, but the law and administrative rules should ensure that faey are all accountable and that political power and responsibility rest with elected representatives.

III. Fairness and tolerance

In politics there will always be disagreement and freedom of speech within the law should be firmly defended. To prevent disagreement from sowing divisions, differing views should be listened to with tolerance, and people should, above all, treat each other with courtesy and kindness. That is a path to a fair, just, and tolerant society.

Aims

IV. Purpose

Work in exchange for a fair and just wage is a fundamental value. Work brings self-respect, freedom, and prosperity. Government has a duty to create an economic environment in which enterprise and innovation can flourish, where hard work and industry are rewarded, where home ownership is encouraged and supported, and where the rights of employees are protected.

V. Inclusivity

An inclusive community, at ease with itself, is one where the rights of all are respected without discrimination on grounds of nationality, race, gender, religion, age, disability or sexual orientation. All those who have made their home in Jersey, and are committed to the Island’s well-being, are entitled to identify themselves as Jersey people. It is the role of government to ensure that everyone has access to equal opportunities in order to thrive.

VI. Conservation and sustainability

Protection of the environment and the advancement of the economy are not conflicting aims. Government should articulate clear and reasoned policies designed to ensure a sustainable balance between the Island’s economic and environmental interests; upon that balance depend so many other decisions vital to the future of Jersey.

VII. Rule of law and autonomy

Jersey’s heritage, special character and prosperity depend upon the rule of law and the constitutional autonomy which has existed for more than 800 years. Both should be resolutely defended. Decisions affecting the people of Jersey should be made in Jersey by those accountable to the people of Jersey. That is the foundation of our democracy.

SCHEDULE 2

Paragraph 2(3)(b)

JERSEY LIBERAL CONSERVATIVES

The Party’s Constitution

Name, Aims and Values

1. The Party’s name is JERSEY LIBERAL CONSERVATIVES, and it may also be described by the acronym JLC.

2. The Party is founded as a modern progressive political movement with the aim of improving people’s lives and making Jersey a better place for everyone.

3. To this end –

(a) the Party will provide a platform for the endorsement of candidates for election to the States Assembly, whether as Deputy or Connetable, or howsoever such candidates may be described in law; and

(b) candidates for election and members of the Party must pledge to foster and promote the Charter of Values and Aims (“the Charter”) laid down by the Association in Schedule 1 to its Constitution upon incorporation by Act of the Royal Court of Jersey dated 2nd July 2021.

4. All Members, be they elected to the States Assembly or not, therefore pledge to foster and promote:

Truth and transparency: between government and people

Accountability and responsibility: in the interests of the people of Jersey

Fairness and tolerance: on the path to a fair, just, and tolerant society

Purpose: exercising financial prudence and rewarding enterprise, work and industry whilst protecting the rights of employees

Inclusivity: freely embracing all persons in Jersey, irrespective of age, nationality, race, gender, disability or sexual orientation

Conservation and sustainability: protecting the environment for future generations and committing to clear policies to advance the economy

Autonomy: resolutely defending Jersey’s democratic constitutional status, its international identity and its heritage.

Membership

5. The founder members of the Party are the Founder Members of the Association.

6. Membership of the Party is open to all persons who wish to advance the Charter and pledge to do so, and pay the subscription fixed by the Management Committee.

7. A Member of the Party is automatically a member of the Association and ceases to be a member of the Association on ceasing to be a member of the Party.

8. A person ceases to be a Member of the Party on ceasing to be a member of the Association, or otherwise on –

(a) resigning by notice in writing delivered to the Secretary;

(b) failing to pay the subscription fixed by the Management Committee; or

(c) being found by the Management Committee to have been guilty of conduct which was in conflict with the purpose or values of the Party or which was likely to bring the Party into disrepute, and has been expelled from the Party.

Officers

9. The Chair of the Party shall be elected by members at the Annual General Meeting of the Association and shall ipso facto hold the office of Chair of the Association and Chair of the Management Committee.

10. (1) The Leader of the Party shall, subject to paragraph 9 above, be elected from amongst and by –

(a) members who are members of the States Assembly; and

(b) members who have been selected by the Party as candidates for election to the States Assembly,

(hereinafter together called “qualified members”).

(2) If the person elected as Leader is not within 9 months elected as a member of the States Assembly or fails to secure re-election as a member of the States Assembly at a general election, he or she shall forthwith resign and a member who is also a member of the States Assembly shall be elected by the qualified members to replace him or her.

(3) The Leader shall hold office until another person is elected by qualified members to replace him or her; an election for Leader must be held at least every 4 years.

(4) The Chair, acting on behalf of the Party, shall act as the Returning Officer for all stages of the election of the Leader.

(5) The Leader shall determine the political direction of the Party having regard to the views of the Management Committee and of the membership in general.

11. The Treasurer of the Association is the Treasurer of the Party.

12. The Secretary of the Association is the Secretary of the Party.

13. No person may –

(a) hold more than one of the offices in paragraphs 9, 10, 11 and 12 above at the same time;

(b) hold any of the offices in paragraphs 9, 10, 11 and 12 above unless the person is registered as an elector under the Public Elections (Jersey) Law 2002 or any legislation which has replaced that Law.

Management Committee

14. A Management Committee shall be elected by members at the Annual General Meeting of the Association to decide matters of Party organisation and management, and to work to secure that members of the Party who are States members honour their pledge to foster and promote t.1i.e Charter.

15. The first members of the Management Committee shall be the Founder Members of the Association and they shall hold office until the inaugural Annual General Meeting of the Association.

16. Thereafter the members of the Management Committee shall be elected as aforesaid.

17. It shall be a function of the Management Committee to determine arrangements for the selection of candidates to stand for election to

States (which must include the appointment by the Management Committee of a selection panel). Any selection panel shall include the Chair and the Leader).

18. The Management Committee shall meet not less than three times each year. The Leader shall be invited to attend meetings of the Management Committee.

19. The Management Committee shall be the master of its own procedure subject to the overriding duty to act fairly.

Rules

20. Rules made under the Constitution of the Association may provide for matters of internal management of the Party, provided that the Rules are consistent with the Party Constitution.

21. Provision in Rules under paragraph 20 may (without affecting the wide scope of paragraph 20) include provision as regards –

(a) procedures and criteria for dealing with applications for membership;

(b) enrolment of members and membership lists;

(d) setting of annual subscriptions;

(e) election of officers;

(f) proceedings of the Management Committee;

(g) procedures and criteria to be followed by selection panels;

(h) appointing committees (and sub-committees);

(i) the conduct of Members (and codes of conduct);

U) powers, procedures and criteria governing suspension or termination of membership by the Management Committee.

Finances

22. The Constitution of the Association governs the finances of the Party in its provisions relating to –

(a) the financial year,

(b) the keeping of proper books of account, and

Address of the Party

23. The address of the Party, to which communications intended for the Party may be sent, is the address of the Association.

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