Jersey Law | Jersey Law Review | Feb 1999

Summary Of Legislation

1st September, 1998 - 31st December 1998

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1. Laws Adopted By The States

(a) Hospital Charges (Long-Stay Patients) (Jersey) Law 1998 (P.116/98 - adopted 8.9.98)

This Law provides for the Health and Social Services Committee, by Order, to charge for accommodation, meals and other non-clinical benefits supplied to long-stay hospital patients over the age of 65 years.

(b) Criminal Justice (Standard Scale of Fines) (Amendment) (Jersey) Law 1998 (P.160/98 - adopted 8.9.98)

This Law provides for the interpretation of references to the standard scale of fines which appear in enactments in the French language.

This Law authorizes the making and levying of rates in the parishes for the years 1999 and 2000.

(d) Dangerous Wild Animals (Jersey) Law 1998 (P.154/98 - adopted 22.9.98)

This Law prohibits the keeping of any dangerous wild animal in the Island, except in accordance with a licence issued by the Agriculture and Fisheries Committee.

(e) Police (Complaints and Discipline) (Jersey) Law 1998 (P.162/98 - adopted 22.9.98)

This Law establishes a Jersey Police Complaints Authority and makes new provision for the investigation of complaints and other matters relating to the States Police, port control officers and members of the Honorary Police, and the hearing of disciplinary charges.

(f) Maintenance Orders (Enforcement) (Jersey) Law 1998 (P.176/98 - adopted 22.9.98)

The purpose of this Law is to expedite the procedure for the arrest of wages upon the default in payment of the amount due under a maintenance order, either of the Family Division of the Royal Court or of the Petty Debts Court, or made by the Royal Court in the course of affiliation proceedings.

(g) Honorary Police (Parochial Domicile) (Jersey) Law 1998 (P.193/98 - adopted 7.10.98)

This Law enables a member of the Honorary Police, other than the Connétable, who ceases to be resident in the parish in which he holds office, to continue, with the consent of the Attorney General, to hold office for the remainder of his term.

(h) Veterinary Surgeons (Jersey) Law 1998 (P.153/98 - adopted 7.10.98)

This Law replaces the Loi (1939) sur l’exercice de la médecine et la chirurgie vétérinaires dans cette Ile which regulates the practice of veterinary surgery in the Island.

(i) Companies (Amendment No. 5) (Jersey) Law 1998 (P.195/98 - adopted 20.10.98)

This Law amends the Companies (Jersey) Law 1991 -

(i) to enable a company whose issued or unissued shares are converted into another currency, but remain denominated in the former currency, to change their denomination accordingly by altering its memorandum of association by special resolution.

(ii) to provide that a share certificate continues to be prima facie evidence of title to shares, notwithstanding any subsequent change in the currency of the shares to which the certificate relates.

(iii) to enable a company to reduce its share capital, without having to obtain the confirmation of the Royal Court, if the reduction does not reduce liability on unpaid shares, or the net assets of the company, and the amount of the reduction is held in a capital redemption reserve that is used only in paying up unissued shares as fully paid bonus shares.

(j) Magistrate’s Court (Miscellaneous Provisions) (Amendment No. 7) (Jersey) Law 1998 (P.224/98 - adopted 17.11.98)

This Law amends the Magistrate’s Court (Miscellaneous Provisions) (Jersey) Law 1949 to enable the conduct of proceedings, with the approval of the Attorney General, to be undertaken on behalf of the prosecution by -

(i) an advocate; or

(ii) a solicitor (écrivain), barrister or English solicitor who is employed in the Law Officers Department.

In proceedings in which such a legally qualified prosecutor appears, the Magistrate will perform only a judicial rôle, as does the Bailiff when he presides over the Royal Court.

(k) Income Tax (Amendment No. 19) (Jersey) Law 1998 (P.232/98 - adopted 2.12.98)

This Law amends the Income Tax (Jersey) Law 1961 with regard to surcharge for late payment of tax, appeals against an assessment of tax, child care tax relief, instalment payment relief and taxation of profits of life assurance companies with a head office outside the Island.

(l) Income Tax (Amendment No. 20) (Jersey) Law 1998 (P.233/98 - adopted 2.12.98)

This Law amends the Income Tax (Jersey) Law 1961 in relation to hearings before the Commissioners of Appeal, and the level of various fines and penalties.

(m) Proceeds of Crime (Jersey) Law 1998 (P.218/98 - adopted 15.12.98)

This Law -

(i) enables the Royal Court to confiscate the proceeds of any criminal offence committed in the Island for which a person is liable to imprisonment for one year or more;

(ii) allows for the enforcement in the Island, by the Royal Court, of confiscation orders made abroad in respect of corresponding conduct overseas;

(iii) creates new offences of "money laundering", in the Island, in respect of the proceeds of crime;

(iv) provides for the making of Orders by the Finance and Economics Committee, after consultation with the Jersey Financial Services Commission, to require persons who provide financial services in the Island to maintain procedures to forestall and prevent money laundering.

(n) Ansbacher (Jersey) Limited (Jersey) Law 1998 (P.236/98 - adopted 15.12.98)

This Law provides for the transfer to Ansbacher (Jersey) Limited of customer accounts of Westpac Banking Corporation (Jersey) Limited.

2. Laws, Orders In Council, etc., Registered In The Royal Court

(a) Borrowing (Control) (Amendment No. 4) (Jersey) Law 1998

(L.22/98 - registered 13.11.98. In force - on registration.)

(b) Collective Investment Funds (Amendment) (Jersey) Law 1998

(L.23/98 - registered 13.11.98. In force - day or days to be appointed.)

(L.24/98 - registered 13.11.98. In force - on registration.)

(d) Harbours (Administration) (Amendment No. 4) (Jersey) Law 1998

(L.25/98 - registered 13.11.98. In force - day to be appointed.)

(e) Insurance Business (Amendment) (Jersey) Law 1998

(L.26/98 - registered 13.11.98. In force - on registration.)

(f) Loi (1998) (Amendement No. 2) sur les élections publiques

(L.27/98 - registered 13.11.98. In force - on registration.)

(g) Public Elections (Postal Voting) (Amendment) (Jersey) Law 1998

(L.28/98 - registered 13.11.98. In force - on registration.)

(h) Arbitration (Jersey) Law 1998

(L.29/98 - registered 20.11.98. In force - day or days to be appointed.)

(i) Companies (Amendment No. 4) (Jersey) Law 1998

(L.30/98 - registered 20.11.98. In force - 21.11.98.)

(j) Company Securities (Insider Dealing) (Amendment No. 2) (Jersey) Law 1998

(L.31/98 - registered 20.11.98. In force - on registration.)

(k) Investment Business (Jersey) Law 1998

(L.32/98 - registered 20.11.98. In force - day or days to be appointed.)

(l) Licensed Premises (Exclusion of Certain Persons) (Jersey) Law 1998

(L.33/98 - registered 20.11.98. In force - on registration.)

(m) Loi (1998) concernant la Police Honorifique de St. Sauveur

(L.34/98 - registered 20.11.98. In force - on registration.)

(n) Police Force (Amendment No. 7) (Jersey) Law 1998

(L.35/98 - registered 20.11.98. In force - day to be appointed.)

(o) The Chemical Weapons Act 1996 (Jersey) Order 1998

(L.36/98 - registered 20.11.98. In force - 21.12.98.)

(p) Loi (1998) (Amendement) sur l’atténuation des peines et sur la mise en liberté surveillée

(L.37/98 - registered 27.11.98. In force - on registration.)

(q) Royal Court (Amendment No. 10) (Jersey) Law 1998

(L.38/98 - registered 27.11.98. In force - on registration.)

(r) The Transfer of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man) Order 1998

(L.39/98 - registered 4.12.98. In force - 18.12.98.)

(s) Banking Business (Amendment No. 2) (Jersey) Law 1998

(L.40/98 - registered 11.12.98. In force - on registration.)

(t) Court of Appeal (Amendment No. 7) (Jersey) Law 1998

(L.41/98 - registered 18.12.98. In force - on registration.)

(u) Criminal Justice (Evidence and Procedure) (Jersey) Law 1998

(L.42/98 - registered 18.12.98. In force - 19.12.98.)

(v) Criminal Justice (Standard Scale of Fines) (Amendment) (Jersey) Law 1998

(L.43/98 - registered 18.12.98. In force - on registration.)

(w) Loi (1998) (Amendement) au sujet des témoins et informateurs

(L.44/98 - registered 18.12.98. In force - on registration.)

(x) Parish Rate (Jersey) Law 1998

(L.45/98 - registered 18.12.98. In force - on registration.)

(y) Powers of Arrest (Injunctions) (Jersey) Law 1998

(L.46/98 - registered 18.12.98. In force - on registration.)

(z) Registration of Business Names (Amendment) (Jersey) Law 1998

(L.47/98) - registered 18.12.98. In force - on registration.)

3. Appointed By Acts

(a) Probate (Jersey) Law 1998 (Appointed Day) Act 1998

(R & O 9297)

Law in force 2.1.99.

(b) Road Transport Lighting (Repeal) (Jersey) Law 1998 (Appointed Day) Act 1998

(R & O 9307)

Law in force 1.1.99.

(R & O 9341)

Law in force 1.1.99.

4. Regulations Made By The States

(a) Hire Cars (No. 8) (Jersey) Regulations 1998

(R & O 9292 - in force 1.1.99)

These Regulations increase the fee for the licensing of a motor car under the Hire Cars (Jersey) Law 1964.

(b) Public Service Vehicles (Fees) (Amendment No. 9) (Jersey) Regulations 1998

(R & O 9293 - in force 1.1.99)

These Regulations increase the fees for the examination of vehicles for use as public service vehicles and the fees for forms of application to drive public service vehicles.

(R & O 9294 - in force 1.11.98)

These Regulations amend the Road Traffic (Jersey) Law 1956 -

(i) to provide for wheelchairs and electrically assisted pedal cycles of such class as the Defence Committee may prescribe by Order not to be treated as motor vehicles and, in the case of wheelchairs, to provide exemptions from some of the other provisions of the Law;

(ii) to allow Orders of the Public Services Committee to provide for part-time speed limits;

(iii) to provide for the Public Services Committee to designate any way as a cycle track;

(iv) to regulate the use of footways and cycle tracks and to make special provision to allow for their use in certain circumstances for unloading, for passing other vehicles on narrow roads and for their cleaning and maintenance by vehicles employed for that purpose;

(v) to prohibit the driving of an electrically assisted pedal cycle by a person under the age of 14;

(vi) to allow temporary parking facilities to be designated in the vicinity of works which are being executed or an event which is occurring;

(vii) to allow for temporary modification of the effect of Orders restricting the use of roads or providing for parking places; and

(viii) to provide for the Defence Committee to make Orders regulating the construction and use of wheelchairs and to make further provision for the construction and use of pedal cycles.

(d) Licensing (Licence Fees) (Jersey) Regulations 1998

(R & O 9295 - in force 24.9.98)

These Regulations prescribe the fees for the grant or renewal of licences under the Licensing (Jersey) Law 1974.

(e) Probate (General Provisions) (Jersey) Regulations 1998

(R & O 9298 - in force 2.1.99)

These Regulations specify jurisdictions for the purposes of Articles 6(7) and 21(1) of the Probate (Jersey) Law 1998.

(f) Community Provisions (Provisions Relating to the Introduction of the Euro) (Jersey) Regulations 1998

(R & O 9306 - in force 28.10.98)

The purpose of these Regulations is to give effect in the Island to Council Regulation (EC) No. 1103/97 on certain provisions relating to the introduction of the euro.

(g) Road Traffic (No. 50) (Jersey) Regulations 1998

(R & O 9308 - in force -

(i) Regulations 1, 4 and 9 - 1.11.98

(ii) remainder - 1.1.99)

These Regulations amend the Road Traffic (Jersey) Law 1956 so as to -

(i) require the wearing of rear seat belts by children under the age of 14;

(ii) allow for Orders to make further provision in relation to the construction and use of motor vehicles and to make further provision in relation to offences for non-compliance with such Orders;

(iii) create new offences in connection with the examination of vehicles;

(iv) make minor amendments to the definitions of various types of motor vehicle in connection with construction and use requirements;

(v) make minor corrections to the definitions of "Committee" and "traffic sign" (to reflect current practice whereby the Public Services Committee is responsible for the erection of traffic signs) and to require traffic signs to indicate the presence of paying parking places;

(vi) remove a reference to the Road Transport Lighting Law 1956 which is to be repealed as a result of the new power for Orders under the Road Traffic Law to prescribe vehicle lighting requirements.

(h) Policing of Parks (Amendment No. 13) (Jersey) Regulations 1998

(R & O 9309 - in force -

(i) with the exception of Regulation 3(b) and 4 - 1.11.98

(ii) Regulations 3(b) and 4 - 1.1.99)

These Regulations amend the Policing of Parks (Jersey) Regulations 1962 so as to bring them into line with amendments to be made to the Road Traffic (Jersey) Law 1956 in relation to cycle tracks, pedal cycles and wheelchairs (see (c) above).

(i) Agriculture (Loans) (Amendment No. 10) (Jersey) Regulations 1998

(R & O 9335 - in force 1.1.99)

These Regulations require a person who has borrowed money under the Agriculture (Loans) (Jersey) Regulations 1974 and who has subsequently given up farming to inform the Agriculture and Fisheries Committee (who, under existing powers recast in these Regulations, may require the immediate repayment of the loan).

(j) Family Allowances (Jersey) Regulations 1998

(R & O 9336 - in force 5.1.99)

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 5th January 1999.

(k) Community Provisions (Freezing of Funds of the Federal Republic of Yugoslavia and Serbia) (Jersey) Regulations 1998

(R & O 9337 - in force 10.12.98)

The purpose of these Regulations is to give effect in the Island to Council Regulation (EC) No. 1295/98 concerning the freezing of funds held abroad by the Governments of the Federal Republic of Yugoslavia and the Republic of Serbia.

(l) Community Provisions (Prohibition on Investment in the Republic of Serbia) (Jersey) Regulations 1998

(R & O 9338 - in force 10.12.98)

The purpose of these Regulations is to give effect in the Island to Council Regulation (EC) No. 1607/98 concerning the prohibition of new investments in the Republic of Serbia.

(m) Public Markets (Administration) (Supplementary Provisions) (Jersey) Regulations 1998

(R & O 9339 - in force 9.12.98)

The purpose of these Regulations is to allow the markets in St. Helier to be closed on Saturday 26th December 1998.

(n) Harbours (Amendment No. 28) (Jersey) Regulations 1998

(R & O 9342 - in force 1.1.99)

These Regulations increase the fees relating to quay rental.

(o) Harbours (Amendment No. 29) (Jersey) Regulations 1998

(R & O 9343 - in force 1.1.99)

These Regulations amend the Harbours (Jersey) Regulations 1961 so as to provide a permit system governing the use of harbour ramps for the loading or unloading of vehicles on or from vessels.

(p) Boats and Surf-Riding (Control) (Amendment No. 17) (Jersey) Regulations 1998

(R & O 9344 - in force 1.1.99)

These Regulations increase fees under the Boats and Surf-Riding (Control) (Jersey) Regulations 1969.

(q) Pilotage (General Provisions) (Amendment No. 7) (Jersey) Regulations 1998

(R & O 9345 - in force 1.1.99)

These Regulations exempt from compulsory pilotage ships of less than 100 tons gross tonnage engaged on a sail training voyage or a voyage under charter.

5. Other Subordinate Legislation Of Note

(a) Imported Food (Jersey) Order 1998

(R & O 9312 - in force 1.12.98)

The purpose of this Order is to prevent imported food representing a risk to public health from entering or remaining within the Island.

(b) Motor Vehicles (Construction and Use) (Jersey) Order 1998

(R & O 9313 - in force 1.1.99)

This Order replaces all existing Motor Vehicles (Construction and Use) Orders with an Order which ensures that safety, technical provisions and documentation for vehicles in the Island are improved to, and maintained at, internationally recognized standards.

(R & O 9314 - in force 1.1.99)

This Order replaces the Motor Vehicles (Wearing of Seat Belts by Children) (Jersey) Order 1985 as a consequence of an amendment to Article 22B of the Road Traffic (Jersey) Law. This provision prohibits the driving of a motor vehicle fitted or required to be fitted with seat belts while carrying a child who is not wearing a seat belt, save as provided by Order.

(d) Wheelchairs (Jersey) Order 1998

(R & O 9315 - in force 1.1.99)

This Order prescribes the classes of wheelchairs and mechanically propelled wheelchairs for the purposes of the Road Traffic (Jersey) Law 1956, and prescribes various requirements as to the construction and use of wheelchairs.

(e) Road Traffic (Lighting) (Jersey) Order 1998

(R & O 9316 - in force 1.1.99)

This Order prescribes the lighting requirements in relation to vehicles.

(f) Island Planning (Designation of Sites of Special Interest) (No. 6) (Jersey) Order 1998

(R & O 9323 - in force 26.11.98)

This Order designates parts of the Island Site in St. Helier as sites of special interest under Article 9 of the Island Planning (Jersey) Law 1964.

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