The Jersey Law Review - June 2002

SUMMARY OF LEGISLATION

1ST JANUARY - 30TH APRIL 2002

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1. LAWS ADOPTED BY THE STATES

(a) Conservation of Wildlife (Amendment)) (Jersey) Law 2002 (P.187/2001 - adopted 15.1.2002)

This Law -

(i) revokes the provision in the Conservation of Wildlife (Jersey) Law 2000 which enables a person to ring or mark a protected wild animal or protected wild bird or to examine such a ring or mark without the authority of a licence issued by the Planning and Environment Committee (“the Committee”);

(ii) makes it clear that ringing or marking may be authorized by a licence of the Committee; and

(iii) imposes a restriction on the Committee’s power to grant a licence, with the effect that the power may not be exercised unless the Committee is satisfied that, as regards the purpose for which the licence is to be granted, there is no other satisfactory solution and that the activity authorized by the licence will not be detrimental to the survival of the population concerned.

(b) Finance (Jersey) Law 2002 (P.196/2001 - adopted 15.1.2002)

Text Box:

This Law gives effect to various provisions in the 2002 Budget Report.

(d) Loi (2002) concernant la Police Honorifique de St. Ouen )(P.8/2002 - adopted 12.2.2002) )

These Lois increase from 3 to 4 the number of centeniers for the parishes of St. Martin and St. Ouen.

(e) Fire Precautions (Amendment) (Jersey) Law 2002 (P.10/2002 - adopted 12.2.2002)

This Law amends the Fire Precautions (Jersey) Law 1977 -

(i) to allow fees to be prescribed in respect of the issue of fire certificates;

(ii) to bring penalties into line with the present level and style of expressing fines.

(f) Summer Time (Amendment) (Jersey) Law 2002 (P.17/2002 - adopted 12.2.2002)

This Law provides that, from 2003 onwards, the period during which summer time shall apply shall be from 1 a.m. Greenwich Mean Time on the last Sunday in March until 1 a.m. Greenwich Mean Time on the last Sunday in October in every year.

(g) Children (Jersey) Law 2002 (P.200/2001 - adopted 26.2.2002)

The purpose of this Law is to replace the Children (Jersey) Law 1969 with a new and more comprehensive Law concerning duties and responsibilities towards children.

(h) Adoption (Amendment No. 5) (Jersey) Law 2002 (P.201/2001 - adopted 26.2.2002)

This Law amends the Adoption (Jersey) Law 1961 by -

(i) making amendments which are consequential upon the Children (Jersey) Law 2002 ((g) above);

(ii) giving effect to the Hague Convention on inter-country adoptions; and

(iii) making minor reforms and drafting improvements.

(i) Day Care of Children (Jersey) Law 2002 (P.202/2001 - adopted 26.2.2002)

This Law makes new provision for the regulation of the care of children for short periods.

(j) Criminal Justice (Evidence of Children) (Jersey) Law 2002 (P.203/2002 - adopted 26.2.2002)

This Law re-enacts, in consolidated form, the provisions of the Criminal Justice (Evidence and Procedure) (Jersey) Law 1997, and certain provisions of the Children (Jersey) Law 1969, as a consequence of the repeal of the latter Law by the Children (Jersey) Law 2002 ((g) above).

(k) Petroleum (Amendment) (Jersey) Law 2002 (P.9/2002 - adopted 26.2.2002)

This Law amends the penalties set out in the Petroleum (Jersey) Law 1984 to bring them into line with the present level and style of expressing fines.

(l) Public Finances (Administration) (Amendment No. 10) (Jersey) Law 2002 (P.22/2002 adopted 12.3.2002)

This Law amends the Public Finances (Administration) (Jersey) Law 1967 to enable investment managers to invest public money generally, and not just public money in the strategic reserve as at present.

(m) Planning and Building (Jersey) Law 2002 - (P.87/2001 - adopted 17.4.2002)

This Law repeals and replaces the Public Health (Control of Buildings) (Jersey) Law 1956 and the Island Planning (Jersey) Law 1964 with revised and additional provisions to take account of changed circumstances and requirements, including human rights legislation.

(n) Companies (Amendment No. 7) (Jersey) Law 2002 (P.50/2002 - adopted 23.4.2002)

The purpose of this Law is to repeal Articles 5A and 5B of the Companies (Jersey) Law 1991 (which repeal was overlooked when the Companies (Amendment No. 6) (Jersey) Law 2002 was adopted)

2. LAWS, ORDERS IN COUNCIL, ETC., REGISTERED IN THE ROYAL COURT

(a) Telecommunications (Jersey) Law 2002

(L.1/2002 - registered 4.1.2002. In force - day or days to be appointed)

(b) Agriculture (Poisonous Substances) (Repeal) (Jersey) Law 2002

(L.2/2002 - registered 4.1.2002. In force - 11.1.2002)

(L.3/2002 - registered 4.1.2002. In force - day or days to be appointed)

(d) Collective Investment Funds (Amendment No. 3) (Jersey) Law 2002

(L.4/2002 - registered 4.1.2002. In force - day or days to be appointed)

(e) Financial Services (Amendment) (Jersey) Law 2002

(L.5/2002 - registered 4.1.2002. In force - day to be appointed)

(f) Insurance Business (Amendment No. 3) (Jersey) Law 2002

(L.6/2002 - registered 4.1.2002. In force - day to be appointed)

(g) The Landmines Act 1998 (Jersey) Order 2001

(L.7/2002 - registered 4.1.2002. In force - 2.1.2002)

(h) TheTerritorial SeaAct 1987 (Jersey) (Amendment) Order 2002

(L.8/2002 - registered 8.3.2002. In force - day to be notified)

(i) Companies (Amendment No. 6) (Jersey) Law 2002

(L.9/2002 - registered 8.3.2002. In force - day or days to be appointed)

(j) Island Planning (Amendment No. 7) (Jersey) Law 2002

(L.10/2002 - registered 8.3.2002. In force - 15.3.2002)

(k) Gambling (Amendment No. 5) (Jersey) Law 2002

(L.11/2002 - registered 8.3.2002. In force - 15.3.2002)

(l) Public Elections (Jersey) Law 2002

(L.12/2002 - registered 5.4.2002. In force - day or days to be appointed)

(m) Piercing and Tattooing (Jersey) Law 2002

(L.13/2002 - registered 12.4.2002. In force 19.4.2002)

(n) Criminal Justice (Anonymity in Sexual Offence Cases) (Jersey) Law 2002

(L.14/2002 - registered 12.4.2002. In force 19.4.2002)

(o) Conservation of Wildlife (Amendment) (Jersey) Law 2002

(L.15/2002 - registered 12.4.2002. In force 19.4.2002)

3. APPOINTED DAY ACTS

(a) Banking Business (Amendment No. 3) (Jersey) Law 2002 (Appointed Day) Act 2002

(R & O 9/2002)

Law in force 1.3.2002

(b) Collective Investment Funds (Amendment No. 3) (Jersey) Law 2002 (Appointed Day) Act 2002

(R & O 10/2002)

Law in force 1.3.2002.

(R & O 11/2002)

Law in force 1.3.2002.

(d) Insurance Business (Amendment No. 3) (Jersey) Law 2002 (Appointed Day) Act 2002

(R & O 12/2002)

Law in force 1.3.2002.

(e) Marriage and Civil Status (Jersey) Law 2001 (Appointed Day) Act 2002

(R & O 13/2002)

Law in force 1.5.2002.

4. REGULATIONS MADE BY THE STATES

(a) Boats and Surf-Riding (Control) (Amendment No. 22) (Jersey) Regulations 2002

(R & O 3/2002 - in force 1.2.2002)

These Regulations widen the definition of “speed boat” in the Boats and Surf-Riding (Control) (Jersey) Regulations 1969.

(b) Housing (General Provisions) (Amendment No. 16) (Jersey) Regulations 2002

(R & O 14/2002 - in force 14.2.2002)

These Regulations reduce the residence period for the purposes of Regulation 1 of the Housing (General Provisions) (Jersey) Regulations 1970 from 19 years to 18 years.

(R & O 20/2002 - in force 14.3.2002)

These Regulations enable the provision in licensed betting offices of gaming machines which give a maximum pay-out per game of £25. They introduce a scheme for the licensing of such premises and make provision for the regulation of the machines

(d) Proceeds of Crime (Designated Countries and Territories) (Amendment) (Jersey) Regulations 2002

(R & O 22/2002 - in force 21.3.2002)

These Regulations designate 11 more countries and territories whose confiscation orders in respect of proceeds of crime will be recognized and enforced in the Island.

(e) Drug Trafficking Offences (Designated Countries and Territories) (Amendment No. 2) (Jersey) Regulations 2002

(R & O 23/2002 - in force 21.3.2002)

These Regulations amend the Drug Trafficking Offences (Designated Countries and Territories) (Jersey) Regulations 1997 (“the principal Regulations”) by -

(i) inserting in the First Schedule to the principal Regulations entries relating to the “appropriate authority” (for the purposes of certifying certain matters) in respect of Ireland and Portugal;

(ii) adding to the list of designated countries and territories in the First Schedule to the principal Regulations;

(iii) inserting, in the Appendix to the principal Regulations, an indication of when proceedings are to be regarded as being instituted in Trinidad and Tobago.

(f) Motor Traffic (No. 8) (Jersey) Regulations 2002

(R & O 30/2002 - in force 27.4.2002)

These Regulations amend the Motor Traffic (Jersey) Law 1935 to allow for the implementation of a new bus strategy.

(g) Motor Vehicles (International Circulation (Amendment No. 13) (Jersey) Regulations 2002

(R & O 32/2002 - in force 1.5.2002)

These Regulations amend the Motor Vehicles (International Circulation) (Jersey) Regulations 1958 by -

(i) replacing the power of the Home Affairs Committee to delegate its functions to a body concerned with motor vehicles with a power to delegate the issuing of international driving permits (and the charging of a fee for so doing) to the Connétable of the parish in which the applicant resides;

(ii) correcting a mistake in the prescribed forms; and

(iii) by increasing the fee for an international driving permit.

5. OTHER SUBORDINATE LEGISLATION OF NOTE

(a) The Al-Qa’ida and Taliban (United Nations Measures) (Channel Islands) Order 2002

(R & O 15/2002 - in force 14.2.2002)

This Order gives effect in the Island to Resolution 1390, adopted by the Security Council of the United Nations on 16th January 2002. The effect of that Resolution is to require States to prohibit the delivery or supply of arms and related matérieland the provision of related technical assistance and training to Usama bin Laden, members of Al-Qa’ida and the Taliban and their associates as designated in a list by the Security Council. The Resolution also prohibits the making of funds available to those persons.

(b) Community Provisions (Zimbabwe- Restrictive Measures) (Jersey) Order 2002

(R & O 17/2002 - in force 28.2.2002)

The purpose of this Order is to take certain restrictive measures in respect of Zimbabwe, in particular to freeze funds, financial assets and economic resources of individual members of the government, and of natural and legal persons associated with them as well as to ban technical advice, assistance and trading related to military activities.

(c) Community Provisions (Prohibiting theSale, Supply and Export of Certain Equipment to, and Freezing of Funds of Certain Officials of, Burma/Myanmar) (Amendment) (Jersey) Order 2002

(R & O 18/2002 - in force 28.2.2002)

The purpose of this Order is to transfer responsibility from the Finance and Economics Committee to the Policy and Resources Committee for enforcing the Community provisions relating to the sale, supply and export of certain equipment to, and the freezing of funds of certain officials of Burma/Myanmar. The Order also adds a power for the Policy and Resources Committee to delegate those functions to persons approved by it.

(d) Community Provisions (Maintaining a Freeze of Funds in relation to Mr. Milosevic and Associated Persons) (Amendment) (Jersey) Order 2002

(R & O 19/2002 - in force 28.2.2002)

The purpose of this Order is to add a power for the Policy and Resources Committee to delegate its functions to persons approved by it in respect of the Community provisions concerning the freezing of funds in relation to Mr. Milosevic and persons associated with him.

(e) Marriage and Civil Status (Approved Premises) (Jersey) Order 2002

(R & O 29/2002 - in force 1.5.2002)

This Order establishes a scheme for the approval of premises at which marriages may be solemnized by the Superintendent Registrar or a delegate appointed by him.

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