701. Sark.

 

 

Halsbury's Laws of England   >  Commonwealth (Volume 13 (2021))  >  3. Crown Dependencies and British Overseas Territories  >  (2) Crown Dependencies  >  (i) The Channel Islands

 

Sark, like Alderney, is part of the Bailiwick of Guernsey. Its government is provided for by a projet de loi approved by the legislative body, the Chief Pleas of Sark, and ratified by Order in Council with effect from 1 September 2008. The Chief Pleas is made up of the Seigneur of Sark, the President, and 28 elected members (conseilliers). It legislates by law made with the approval of His Majesty in Council or by ordinance for public order and local affairs; taxation requires the consent of His Majesty in Council, except in the case of revenue raised by direct tax for the purposes of the douzaine. An ordinance can be annulled by the Royal Court of Guernsey if unreasonable or ultra vires, subject to the right of the Chief Pleas to appeal to His Majesty in Council. The States of Guernsey may legislate for Sark, in criminal matters without consent and in others by consent.


Executive functions which may be exercised within Sark are exercisable by the Chief Pleas or, in the case of a function imposed or conferred by an enactment or by a resolution, by the committee of the Chief Pleas or other body on which, or by the person on whom, the function is so imposed or conferred.


All judicial functions which may be exercised within Sark are exercisable, except as otherwise provided, by the Court of the Seneschal, which consists of the Seneschal sitting alone and has unlimited civil and limited criminal jurisdiction. There is a right of appeal from the Court in criminal matters to the Royal Court of Guernsey sitting as a Full Court and in civil matters to the Royal Court sitting as an Ordinary Court, and thence to the Court of Appeal and the Privy Council.