Jersey & Guernsey Law Review – June 2007

SUMMARY OF LEGISLATION FOR THE BAILIWICK OF JERSEY

1^ST JANUARY – 30^TH APRIL 2007

1. LAWS ADOPTED BY THE STATES

(a) Employment (Amendment No. 2) (Jersey) Law 200-
(P.134/2006 - adopted in 3rd reading, 16.01.07)

This Law permits the States to make Regulations enabling the Minister for Social Security to make Orders determining the remuneration of members of the Employment Tribunal.

(b) Income Tax (Amendment No. 27) (Jersey) Law 200-
(P.167/2006 - adopted 16.01.07)

This Law revises the circumstances in which a company is regarded as resident in Jersey for the purposes of taxation.

This Law makes miscellaneous amendments to the Planning and Building (Jersey) Law 2002.

(d) Income Tax (Amendment No. 28) (Jersey) Law 200-
(P.168/2006 - adopted 30.1.07)

This Law introduces a 0/10 corporate system of taxation and make related changes to the basis of assessment for trades, professions and vocations and as to the taxation of the trade of property development.

(e) Howard Davis Farm (Partial Abrogation of Covenant) (Jersey) Law 200-
(P.170/2006 - adopted 30.1.07)

This Law allows part of the land comprising Howard Davis Farm to be leased, free of the condition that it be used for the purposes for which it was gifted to the Public of the Island, but subject to a condition that it be used as a commercial dairy and milk processing facility.

(f) Departments of the Judiciary and the Legislature (Amendment No. 4) (Jersey) Law 200-
(P.169/2006 - adopted 13.2.07)

This Law enables the Viscount to authorize another person, to be known as a Viscount Substitute, to conduct inquests.

(g) Criminal Offences (Jersey) Law 200-
(P.7/2007 - adopted 27.2.07)

This Law codifies and reforms the law regarding liability for inchoate and accomplice offences in relation to statutory offences and the law regarding the liability of officers, members and directors for statutory offences committed by bodies corporate and limited liability partnerships.

(h) F. B. Playing Fields (Sports Hall) (Jersey) Law 200-
(P.9/2007 - adopted 13.3.07)

This Law validates the construction and use of the part of the sports hall at F. B. Playing Fields that was built outside the area permitted by an earlier enactment.

(i) Regulation of Investigatory Powers (Jersey) Law 200-
(P.19/2007 - adopted 27.03.07)

This Law amends the Regulation of Investigatory Powers (Jersey) Law 2005 consequentially upon the extension to Jersey of the Wireless Telegraphy Act 2006 and the Communications Act 2003.

(j) Centeniers (Terms of Office) (Jersey) Law 200-
(P.20.2007 - adopted 28.03.07)

This Law provides for Centeniers to be elected at 9 monthly intervals for a term of 3 years.

(k) Goods and Services Tax (Jersey) Law 200-
(P.37/2007 - adopted 18.04.07)

This Law provides for the imposition, determination and administration of a goods and services tax.

(l) Employment (Amendment No. 3) (Jersey) Law 200-
(P.24/2007 - adopted 18.04.07)

This Law gives an employee the right to be represented at a disciplinary or grievance hearing by a fellow worker or a trade union employee or official.

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

(a) Customs and Excise (Amendment No. 3) (Jersey) Law 2007
(L.1/2007 - registered 5.1.07. In force 5.1.07)

(b) Sexual Offences (Jersey) Law 2007
(L.2/2007 - registered 5.1.07. In force 12.1.07.)

(c) Employment Relations (Jersey) Law 2007
(L.3/2007 - registered 5.1.07. In force on a day to be appointed by Act of the States)

(d) Employers’ Liability (Compulsory Insurance) (Amendment No. 3) (Jersey) Law 2007
(L.4/2007 - registered 5.1.07. In force 12.1.07)

(e) Public Employees (Retirement) (Amendment No. 6) (Jersey) 2007
(L.5/2007 - registered 5.1.07. In force 12.1.07)

(f) Water Pollution (Amendment No. 2) (Jersey) Law 2007
(L.6/2007 - registered 5.1.07. In force 12.1.07)

(g) Teachers’ Superannuation (Amendment No. 2) (Jersey) Law 2007
(L.7/2007 - registered 5.1.07. In force 12.1.07)

(h) Treaty on Open Skies (Privileges and Immunities) (Amendment) (Jersey) Law 2007
(L.8/2007 - registered 5.1.07. In force 12.1.07)

(i) Income Support (Jersey) Law 2007
(L.9/2006 - registered 12.1.07. In force on a day to be appointed by Act of the States)

(j) Insurance Business (Amendment No. 5) (Jersey) Law 2007
(L.10/2007 - registered 12.1.07. In force 19.1.07)

(k) The Wireless Telegraphy (Jersey) Order 2006
(L.11/2007 - registered 26.1.07. In force 8.2.07)

(l) Banking Business (Amendment No. 5) (Jersey) Law 2007
(L.12/2007 - registered 2.3.07. In force 9.3.07)

(m) Weights and Measures (Amendment) (Jersey) Law 2007
(L.13/2007 - registered 30.3.07. In force 6.4.07)

(n) Maintenance Orders (Enforcement) (Amendment No. 2) (Jersey) Law 2007
(L.14/2007 - registered 30.3.07. In force 6.4.07)

3. APPOINTED DAY ACTS

(a) Animal Welfare (Jersey) Law 2004 (Appointed Day) Act 2007
(R&O.10/2007 - in force 16.01.07)

Whole Law brought into force on 1.2.07.

(b) Corruption (Jersey) Law 2006 (Appointed Day) Act 2007
(R&O.38/2007 - in force 27.2.07)

Whole Law brought into force on 6.3.07.

(c) Police Procedures and Criminal Evidence (Jersey) Law 2003 (Appointed Day) (No. 4) Act 2007
(R&O.42/2007 - in force 13.3.07)

Part 11 of Law brought into force on 20.3.07.

4. REGULATIONS MADE BY THE STATES

(a) Highways Encroachments (Amendment No. 2) (Jersey) Regulations 2007
(R&O.6/2007 - in force 23.1.07)

These Regulations simplify procedures for the approval of the placement of raised pavings, railings or other devices on a highway by the highway authority.

(b) Restriction on Smoking (Vending Machines) (Amendment) (Jersey) Regulations 2007
(R&O.7/2007 - in force 23.1.07)

These Regulations prohibit the operation of tobacco vending machines on premises on which an event is being held which is exclusively for persons under the age of 18.

(c) Taxation (Agreements with European Union Member States) (Amendment) (Jersey) Regulations 2007
(R&O.8/2007 - Regulations 1 and 5 in force 16.1.07; remainder in force 23.1.07)

These Regulations implement agreements which have been entered into with Bulgaria and Romania, on their accession to the European Union, for the taxation of savings.

(d) Employment Tribunal (Amendment) (Jersey) Regulations 2007
(R&O.22/2007 - Regulations 1, 4 and 6 in force 1.6.06; remainder in force 1.11.07)

These Regulations alters the constitution of the Jersey Employment Tribunal and the arrangements for appointment of members, and increases the remuneration of members.

(e) Sea Fisheries (Miscellaneous Provisions) (Amendment No. 4) (Jersey) Regulations 2007
(R&O.23/2007 - in force 6.2.07)

These Regulations require French fishermen working pots in the Jersey part of the Bay of Granville to fit tags to the pots.

(f) Sea Fisheries (Minimum Size Limits) (Amendment No. 3) (Jersey) Regulations 2007
(R&O.24/2007 - in force 6.2.07)

These Regulations impose a minimum size limit for the common prawn. Prawns below the size limit may not be landed, offered for sale nor kept.

(g) Sea Fisheries (Log Books and Landing Declarations) (Jersey) Regulations 2007
(R&O.25/2007 - in force 6.2.07)

These Regulations require masters of certain fishing vessels to keep standard log books and landing declarations.

(h) Regulation of Investigatory Powers (Jersey) Regulations 2007
(R&O.26/2007 - in force 6.2.07)

These Regulations enable the Social Security Department, subject to the authorization of the Attorney General, to obtain and disclose communications data.

(i) Police (Honorary Police Complaints and Discipline Procedure) (Amendment) (Jersey) Regulations 2007
(R&O.37/2007 - in force 6.3.07)

These Regulations provide that a member of the Honorary Police must not use more force than is reasonable nor abuse his or her authority.

(j) Shops (Sunday Trading) (No. 9) (Jersey) Regulations 2007
(R&O.41/2007 - in force 20.3.07)

These Regulations allow a permit to trade on Sunday to authorize the sale of cut flowers, irrespective of where they were grown.

(k) The Communications (Television Licensing) (Amendment) (Jersey) Regulations 2007
(R&O.46/2007 - in force 1.4.07)

These Regulations increase the fee for a TV licence and make other changes to the requirements for a licence.

(l) Employment (Minimum Wage) (Amendment No. 2) (Jersey) Regulations 2007
(R&O.47/2007 - in force 1.4.07)

These Regulations increase the amounts that may be allowed, when calculating an employee’s wages, for the provision of food and accommodation.

(m) Road Traffic (No. 57) (Jersey) Regulations 2007
(R&O.49/2007 - in force 4.4.07)

These Regulations amend the arrangements for the issue of driving licences and increase the period for which a licence is issued.

(n) Sea Fisheries (Licensing of Fishing Boats) (Amendment No. 3) (Jersey) Regulations 2007
(R&O.57/2007 - in force 25.4.07)

These Regulations amend the rules as to an address for service under the Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003.

(o) Règlements (2007) sur le tarif des honoraires des Jurés-Justiciers
(R&O.58/2007 - in force 2.5.07)

These Regulations amend the tarif of fees payable for certain work undertaken by Jurats in civil cases before the Royal Court.

(p) Housing (General Provisions) (Amendment No. 25) (Jersey) Regulations 2007
(R&O.59/2007 - in force 25.4.07)

These Regulations reduce, from 13 years to 12 years, the period for which a person who has no housing qualifications must be continuously resident in Jersey in order to attain such qualifications.

5. OTHER SUBORDINATE LEGISLATION OF NOTE

(a) Act declaring that the Income Tax (Amendment No. 27) (Jersey) Law 200- shall have immediate effect
(R&O.9/2007 - in force 16.1.07)

This Act gives immediate effect to the Income Tax (Amendment No. 27) (Jersey) Law 200- (P.167/2006), which was adopted by the States on 16.1.07, as if it were the registration of a Law passed by the States and sanctioned by Her Majesty in Council.

(b) Royal Court (Amendment No. 5) Rules 2007
(R&O.44/2007 - in force 1.4.07)

These Rules specify procedures for appeals by third parties under the Planning and Building (Jersey) Law 2002.

This Order increases the minimum wage.

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Page last updated 13 Jun 2008