Takeover Act of the Faroe Islands

 Danish Act no. 578 of 24 June 2005

 Danish Act Relating to the Takeover of Affairs and Fields of Affairs by the Faeroe Islands Public Authorities

 WE, MARGRETHE THE SECOND, by God's Grace Queen of Denmark, hereby announce that:

 The Danish Parliament has passed the following Act, which We have ratified by giving Our assent:

This Act is based on an agreement between the Faeroe Islands Home Rule Government and the Danish Government as equivalent parties.

Section 1. This Act covers all affairs and fields of affairs. Cf., however, Sub-section 2.

Sub-section 2. The Act does not cover the following affairs and fields of affairs:

  • The Constitution.
  • The Supreme Court.
  • Foreign, security and defence policy.
  • Foreign exchange and monetary policy.

Section 2. Affairs and fields of affairs that are covered by the Act are taken over by the Faeroese public authorities at times fixed by the Faeroese public authorities. Cf., however, Sub-sections 2 and 3.

Sub-section 2. Affairs and fields of affairs listed in list I attached as a schedule to the Act are taken over by the Faeroese public authorities at times fixed by the Faeroese public authorities following negotiation with the Danish public authorities.

Sub-section 3. Where several items of affairs and fields of affairs are listed under the same number in the list I stated in Sub-section 2, the affairs and fields of affairs in question must be taken over by the Faroese public authorities at the same time.

Section 3. The Faeroese public authorities have legislative and executive power for the affairs and fields of affairs taken over under Section 2.

Sub-section 2. The Faeroese public authorities take over the expenses and real assets that are directly connected to an item of affaire or a field of affaire that is transferred.

Section 4. Courts that are established by the Faeroese public authorities have judicial power in the Faeroe Islands for all affairs and fields of affairs.

Section 5. The provisions in Section 5, Section 6, Section 10 (2.2) and Section 13 of the Act relating to Faeroe Islands Home Rule apply correspondingly to affairs and fields of affairs covered by this Act.

Sub-section 2. The provision in Section 2 (4) of the Act relating to Faeroe Islands Home Rule applies correspondingly to affairs and fields of affairs covered by Section 2 (1) of this Act.

Section 6. The Faeroese public authorities may, by agreement with the Danish public authorities, take over Vágar Airport and responsibility for its operation.

Section 7. This Act enters into force on 29 July 2005.

Section 8. Where, at the time at which an affaire or field of affaire is transferred to the Faeroese public authorities, business is being considered by a Danish public authority, the consideration is completed by the relevant Faeroese public authority. Cf., however, Sub-section 2.

Sub-section 2. The relevant Danish public authority may, in special cases and by agreement with the relevant Faeroese public authority, decide that consideration of some specific affairs is to be completed by the Danish public authorities.

 

Given at Amalienborg on 24 June 2005

Under Our Royal Hand and Seal

MARGRETHE R.

 

/ Anders Fogh Rasmussen

 

Schedule 

List I

  • The practice of law.
  • The Established Church.
  • Property law.
  • Industrial property law.
  • The prison service.
  • Civil law, family law and succession law.
  • The police and the prosecution service, plus the associated parts of criminal justice.
  • The administration of justice, including the establishment of courts.
  • Criminal law.
  • Aliens and border controls.