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Summary Of Legislation
1ST September 1999 - 31st December 1999
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1. Laws Adopted By The States
(a) Legislation (Amending Power) (Jersey) Law 1999 (P.104/99 - adopted 14.9.99)
This Law enables the States, by Regulations, to make amendments of a Law which are incidental or supplemental to or consequential upon another Law.
(b) Food Safety (Miscellaneous Provisions) (Jersey) Law 1999 (P.107/99 - adopted 14.9.99)
This Law makes provision for food safety.
(c) States of Jersey (Amendment No. 7) Law 1999 (P.114/99 - adopted 12.10.99)
This Law broadens the provisions in the States of Jersey Law 1966 relating to a Committee of Inquiry, to permit the appointment of persons who are not members of the States to serve on such a Committee.
(d) Advocates and Solicitors (Amendment No. 2) (Jersey) Law 1999 (P.130/99 - adopted 12.10.99)
This Law amends the First Schedule to the Advocates and Solicitors (Jersey) Law 1997 (which sets out the oath of office of solicitors of the Royal Court) by substituting for the reference to the “Commis-Bailli” a reference to the “Député-Bailli”.
(e) Shops (Sunday Trading) (Amendment No. 3) (Jersey) Law 1999 (P.106/99 - adopted 2.11.99)
This Law provides that, for the purposes of the Shops (Sunday Trading) (Jersey) Law 1960, Liberation Day is to be treated as a Sunday.
(f) Loi (1999) (Amendement No. 13) sur l’Etat Civil (P.136/99 - adopted 2.11.99)
This “Loi” amends the “Loi (1842) sur l’Etat Civil” regarding registration of the birth of a child whose parents are not married to each other.
(g) European Communities Legislation (Implementation) (Amendment) (Jersey) Law 1999 (P.163/99 - adopted 17.11.99)
The effect of this Law is to modify the power in the European Communities Legislation (Implementation) (Jersey) Law 1996 to give effect to Community legislation by means of Regulations rather than Laws. Where the Policy and Resources Committee considers it necessary or expedient in the public interest to give immediate or early effect to a Community provision relating to the common foreign and security policy, as set out in Article 12 of the Maastricht Treaty, this may be done by Order of that Committee rather than by Regulations.
(h) Firearms (Jersey) Law 1999 (P.96/99 - adopted 17.11.99)
The purpose of this Law is to make new provision relating to firearms and other weapons, and the firearms trade, in place of the Firearms (Jersey) Law 1956 and the “Loi (1879) sur le Port d’Armes”.
(i) Public Finances (Administration) (Amendment No. 9) (Jersey) Law 1999 (P.165/99 - adopted 1.12.99)
This Law amends the Public Finances (Administration) (Jersey) Law 1967 in the following respects -
(i) it extends the requirement for Committees to produce estimates for subsequent financial years to include revenue expenditure and income and the transactions of trading funds (as well as capital expenditure and receipts as at present);
(ii) that requirement will apply to such number of subsequent financial years, and the estimates are to contain such items, as the code of directions (rather than the Finance and Economics Committee as presently the case) shall specify;
(iii) the estimates are to be sent to the Policy and Resources Committee (as well as the Finance and Economics Committee as at present) if the code of directions so requires;
(iv) the estimates are to be sent by such date as the code of directions may specify (instead of by 31st July in each year as is currently the case);
(v) it introduces a new requirement that where the States have previously debated and voted in favour of the amount of an item in an estimate of capital expenditure, the States, as part of the Budget, are obliged to allow this amount without amendment (save for any funds advanced for professional fees) unless they amend the amount as a result of a proposition duly lodged; and
(vi) the prohibition on the consideration of an item of capital expenditure in excess of a sum prescribed (currently £200,000) unless previously approved by the States is to be extended to all such items irrespective of the amount unless States’ approval has been obtained prior to 31st July (or such other date as may be prescribed).
(j) Trade Marks (Jersey) Law 1999 (P.153/99 - adopted 7.12.99)
This Law replaces with amendments the Trade Marks (Jersey) Law 1958. The main changes are to ensure consistency with the equivalent legislation in the United Kingdom, which introduced a new Trade Marks Act in 1994. This is necessary because registration of a trade mark in Jersey is dependent on that trade mark having already been registered in the UK. It is also necessary to enable recognition of Community trade marks and trade marks afforded international protection by virtue of the Protocol relating to the Madrid Agreement concerning the International Registration of Marks (“the Madrid Protocol”) which the UK has adopted. Further provisions have been added to enable compliance with the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS).
2. Laws, Orders In Council, etc., Registered In The Royal Court
(a) Education (Jersey) Law 1999
(L.27/99 - registered 5.11.99. In force - day or days to be appointed.)
(b) Affiliation Proceedings (Prescription) (Jersey) Law 1999
(L.28/99 - registered 5.11.99. In force - on registration.)
(c) Arbitration (Amendment) (Jersey) Law 1999
(L.29/99 - registered 5.11.99. In force - day or days to be appointed.)
(d) Fees (Miscellaneous Amendments and Validation) (Jersey) Law 1999
(L.30/99 - registered 5.11.99. In force - on registration.)
(e) Protection of Children (Amendment No. 2) (Jersey) Law 1999
(L.31/99 - registered 5.11.99. In force - on registration.)
(f) Housing (Amendment No. 9) (Jersey) Law 1999
(L.32/99 - registered 5.11.99. In force - on registration.)
(g) Customs and Excise (Jersey) Law 1999
(L.33/99 - registered 24.12.99. In force - day to be appointed.)
(h) Statutory Nuisances (Jersey) Law 1999
(L.34/99 - registered 24.12.99. In force - day to be appointed.)
(i) Post Office (Amendment No. 2) (Jersey) Law 1999
(L.35/99 - registered 24.12.99. In force - on registration.)
(j) Telecommunications (Amendment No. 3) (Jersey) Law 1999
(L.36/99 - registered 24.12.99. In force - on registration.)
(k) Legislation (Amending Power) (Jersey) Law 1999
(L.37/99 - registered 24.12.99. In force - on registration.)
3. Appointed Day Acts
(a) Age of Majority (Jersey) Law 1999 (Appointed Day) Act 1999
(R & O 9445)
Law in force 1.11.99.
(b) Investment Business (Amendment) (Jersey) Law 1999 (Appointed Day) Act 1999
(R & O 9459)
Law in force 1.11.99.
(c) Education (Jersey) Law 1999 (Appointed Day) Act 1999
(R & O 9484)
Law in force 1.3.00, with the exception of -
(a) Articles 37, 38, 39(3) and (4) and 40 to 44, in force 1.1.01; and
(b) Article 39(1) and (2), in force 1.9.01.
(d) The Lloyds TSB (Jersey) Law 1997 (Appointed Day) (No. 2) Act 1999
(R & O 9487)
Day appointed for purposes of transfer of remaining undertakings and parts of undertakings - 8.12.99.
4. Regulations Made By The States
(a) Community Provisions (Freezing of funds and prohibition on investment relating to the Federal Republic of Yugoslavia and the Republic of Serbia) (Jersey) Regulations 1999
(R & O 9437 - in force 16.9.99)
These Regulations give effect to Council Regulation (EC) No. 1294/99 concerning a freeze of funds and a ban on investment in relation to the Federal Republic of Yugoslavia and the Republic of Serbia.
(b) Electricity Link with France (Protection of Submarine Cables) (Jersey) Regulations 1999
(R & O 9438 - in force for three years from 18.1.00)
These Regulations prohibit anchoring, dredging and trawling in territorial waters around Jersey that are within one kilometre of the submarine cables that link the Island with France.
(c) Sea Fisheries (Ormers - Temporary Restrictions) (Jersey) Regulations 1999
(R & O 9439 - in force 6.10.99)
These Regulations suspend the effect of Regulation 4 of the Sea-Fisheries (Miscellaneous Provisions) (Jersey) Regulations 1998 in so far as it allows people to fish for ormers on “permitted days” as defined in that Regulation.
(d) Licensing (No. 14) (Jersey) Regulations 1999
(R & O 9440 - in force 30.9.99)
These Regulations amend Article 88A of the Licensing (Jersey) Law 1974 (which provides for extended opening hours for licensed premises on the occasion of the Millennium) to permit a person under the age of 18 years to remain after 9 p.m. in a room in which there is a public bar.
(e) Stamp Duties and Fees (No. 2) (Jersey) Regulations 1999
(R & O 9441 - in force 30.9.99)
These Regulations amend the Schedule to the Stamp Duties and Fees (Jersey) Law 1998 (in which the scale of duty is set out) so as to reduce the amount payable on a transfer or devise of immovable property in two cases.
(f) Proceeds of Crime (Designated Countries and Territories) (Jersey) Regulations 1999
(R & O 9442 - in force 30.9.99)
These Regulations, made under the Proceeds of Crime (Jersey) Law 1999 (“the Law”) -
(a) designate overseas countries and territories whose confiscation orders in respect of the proceeds of criminal conduct will be recognized in Jersey;
(b) apply the Law, with modifications, so as to enable the enforcement of such orders in Jersey on behalf of the overseas authorities concerned;
(c) provide for the reduction of the amount owing under a confiscation order made in the Island, to the extent that it is recovered in an overseas country or territory at the request of the Attorney General.
(g) Organisation for Economic Co-operation and Development (Immunities and Privileges) (Jersey) Regulations 1999
(R & O 9443 - in force 29.9.99)
These Regulations confer privileges and immunities upon the Organisation for Economic Co-operation and Development, its officers and experts, representatives of its members and certain persons connected with the Tribunal established by the Convention on the Establishment of a Security Council in the field of Nuclear Energy.
(h) European Bank for Reconstruction and Development (Immunities and Privileges) (Jersey) Regulations 1999
(R & O 9444 - in force 1.10.99)
These Regulations confer privileges and immunities on the European Bank for Reconstruction and Development, its officers and employees, experts performing missions for the Bank and representatives of Members.
(i) Housing (General Provisions) (Amendment No. 13) (Jersey) Regulations 1999
(R & O 9446 - in force 1.11.99)
These Regulations make amendments to the Housing (General Provisions) (Jersey) Regulations 1970 consequential upon the Age of Majority (Jersey) Law 1999.
(j) Currency Notes (Variation of Maximum Amount of Issue) (Jersey) Regulations 1999
(R & O 9447 - in force 30.9.99)
These Regulations vary the maximum amount of the currency note issue in circulation at any one time from £50 million to £75 million.
(k) Fish Health (Jersey) Regulations 1999
(R & O 9463 - in force 9.11.99)
These Regulations implement Council Directive 91/67 EEC regarding the animal health conditions governing the placing on the market of aquacultural animals and products, and Council Directive 95/70 EC which introduced minimum Community measures for the control of certain diseases affecting bivalve molluscs.
(l) Invalid Care Allowance (Jersey) Regulations 1999
(R & O 9466 - in force 21.11.99)
The purpose of these Regulations is to make the invalid care allowance the same as standard rate of benefit. As an invalid care allowance is paid monthly and the standard rate of benefit weekly, the latter has to be multiplied by a factor of 4.33 to arrive at the former.
(m) Harbours (Amendment No. 30) (Jersey) Regulations 1999
(R & O 9467 - in force 1.1.00)
The purpose of these Regulations is to increase the fees relating to quay rental.
(n) Boats and Surf-Riding (Control) (Amendment No. 19) (Jersey) Regulations 1999
(R & O 9468 - in force 1.1.00)
These Regulations increase the fees payable for the inspection, for survey purposes, of boats plying for hire, and the licence fee for such boats.
(o) Gambling (Licensing Provisions) (Amendment No. 11) (Jersey) Regulations 1999
(R & O 9469 - in force 27.11.99)
These Regulations amend the Gambling (Licensing Provisions) (Jersey) Regulations 1965 -
(a) to require a body corporate that is the holder of any licence to notify the Gambling Control Committee when the holder registers any transfer of a debenture, share or other financial interest in the holder or becomes aware that a person has become or ceased to be a principal person (that is, in brief, a person in a position to exercise some control) in relation to the body corporate;
(b) to make it clear that one of the grounds on which the Attorney General may intervene to prevent the renewal of a licence held by a person is that a fresh licence of the same type could be refused under Regulation 8 if that person applied for it;
(c) to extend the range of information that the Committee may require from bodies corporate that apply for licences to include information as to the persons that the body knows are principal persons in relation to the body; and
(d) to make it clear that a body corporate may be regarded as not being a fit and proper person to hold a licence if a person who is a principal person in relation to the body corporate would himself not be a fit and proper person to hold a licence of the same type.
(p) Hire Cars (No. 9) (Jersey) Regulations 1999
(R & O 9476 - in force 1.1.00)
These Regulations increase the annual fee for the licensing of a motor vehicle under the Hire Cars (Jersey) Law 1963.
(q) Public Service Vehicles (Fees) (Amendment No. 10) (Jersey) Regulations 1999
(R & O 9477 - in force 1.1.00)
These Regulations increase fees for the examination of vehicles for use as public service vehicles and the fees for applications for licences to drive public service vehicles.
(r) Community Provisions (Ban on supply to Indonesia of equipment for internal repression or terrorism) (Jersey) Regulations 1999
(R & O 9479 - in force 5.12.99)
These Regulations give effect to Council Regulation (EC) No. 2158/1999 concerning a ban on the supply to Indonesia of equipment which might be used for internal repression or terrorism.
(s) Community Provisions (Prohibiting the sale and supply of petroleum and certain petroleum products to the Federal Republic of Yugoslavia) (No. 2) (Jersey) Regulations 1999
(R & O 9480 - in force 5.12.99)
These Regulations give effect to Council Regulation (EC) 2111/1999 which prohibits the sale and supply to the Federal Republic of Yugoslavia of petroleum and certain petroleum products. That Regulation replaces Council Regulation (EC) 900/1999 and differs from it by exempting the sale, supply and export of petroleum and petroleum products to the Province of Kosovo and the Republic of Montenegro. Consequently, to comply with the current EC Stance on Sanctions in respect of Yugoslavia, these Regulations replace those made by the States earlier this year (R & O 9396) which implemented the earlier Council Regulation.
(t) Family Allowances (Jersey) Regulations 1999
(R & O 9486 - in force 4.1.00)
These Regulations specify the rates and amounts for the purposes of calculating the annual rate of family allowance during the family allowance year beginning on 4th January 2000.
5. Other Subordinate Legislation Of Note
(a) Companies (Uncertificated Securities) (Jersey) Order 1999
(R & O 9462 - in force 1.12.99)
The purpose of this Order is to allow ownership of company securities to be recorded and transferred by computer systems, without certificates or other written instruments.
The Order will extend to shares, stock, debentures, bonds, warrants, units in collective investment funds and other securities, but will only apply in respect of computer systems operated -
(i) by persons who are approved for that purpose by the Jersey Financial Services Commission itself; or
(ii) by persons who are recognized by the Commission as operators because they are approved for that purpose by a competent authority in the United Kingdom, Guernsey or Man, or in another member state of the European Union.
(b) Amendment (No. 18) of the Standing Orders of the States of Jersey
(R & O 9470 - in force 9.12.99)
The main purpose of these Amendments is to amend the Standing Orders of the States to allow for the establishment of an Industries Committee.
(c) Transfer of Functions (Industries Committee) (Jersey) Act 1999
(R & O 9471 - in force 14.12.99)
The purpose of this Act is to transfer to the Industries Committee -
(a) certain statutory functions which are currently the responsibility of the Finance and Economics Committee and the Public Services Committee;
(b) all the functions of the Broadcasting Committee;
(c) the responsibilities of the Policy and Resources Committee in relation to the Jersey Consumer Council.
(d) Defence Committee (Change of Name) (Jersey) Act 1999
(R & O 9478 - in force 9.12.99)
The purpose of this Act is to change the name of the Defence Committee to the Home Affairs Committee.
(e) Transfer of Functions (Home Affairs Committee) (Jersey) Act 1999
(R & O 9482 - in force 14.12.99)
The purpose of this Act is to transfer to the Home Affairs Committee all the functions of the Prison Board.
(f) Establishment Committee (Change of Name) (Jersey) Act 1999
(R & O 9485 - in force 9.12.99)
The purpose of this Act is to change the name of the Establishment Committee to the Human Resources Committee.