The Jersey Law Review - October 2002

SUMMARY OF LEGISLATION

1ST MAY - 31ST AUGUST 2002

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1. LAWS ADOPTED BY THE STATES

(a) Housing (Amendment No. 10) (Jersey) Law 2002 (P.54/2002 - adopted 28.5.2002)

This Law amends the Housing (Jersey) Law 1949 by providing that units of dwelling accommodation built on land which was owned by a company before the commencement of that Law shall only be occupied by persons who fall within classes specified in Regulations. The amendment does not apply to units that -

(i) were built before 28th July 1998;

(ii) were being lawfully built on 28th July 1998; or

(iii) have been, or are being, lawfully built in accordance with planning permission granted before 28th July 1998.

(b) Harbours (Administration) (Amendment No. 6) (Jersey) Law 2002 (P.71/2002 - adopted 28.5.2002)

The purpose of this Law is to re-define the general responsibilities of the Harbour Master under the Harbours (Administration) (Jersey) Law 1961.

This Law amends the Medicines (Jersey) Law 1995 to reflect changes made in the corresponding legislation in the United Kingdom in consequence of the adoption within the European Union of a centralized licensing register relating to medicines.

(d) Barclays Private Clients International (Jersey) Law 2002 (P.81/2002 - adopted 28.5.2002)

The purpose of this Law is to carry into effect the transfer to and vesting in Barclays Finance Company (Isle of Man) Limited of the Jersey branch of Barclays PLC and the undertaking of Barclays Bank Finance Company (Jersey) Limited.

(e) Referendum (Jersey) Law 2002 (P.40/2002 - adopted 18.6.2002)

This Law establishes a legislative framework for the holding of referendums in the Island.

(f) Social Security (Amendment No. 15) (Jersey) Law 2002 (P.90/2002 - adopted 18.6.2002)

This Law amends the Social Security (Jersey) Law 1974 so as to -

(i) introduce an adoptive parent grant; and

(ii) remove the reduction in the rate of death grant in the case of the death of a child under the age of 3.

(g) Island Planning (Amendment No. 8) (Jersey) Law 2002 (P.94/2002 - adopted 18.6.2002)

This Law amends the Island Planning (Jersey) Law to allow for the imposition of planning obligations.

(h) Terrorism (Jersey) Law 2002 (P.75/2002 - adopted 25.6.2002)

The purpose of this Law is to make new provisions to combat terrorism, replacing the Prevention of Terrorism (Jersey) Law 1996.

(i) Social Security (Amendment No. 16) (Jersey) Law 2002 (P.99/2002 - adopted 25.6.2002)

Article 11 of the Social Security (Amendment No. 14) (Jersey) Law 2000 (L.42/2000) abolishes the entitlement of a man in receipt of an old age pension to receive a dependency increase for his wife if she is under pensionable age and he is supporting her. This is subject to a saving of the existing rights of husbands who are already in receipt of old age pensions when Article 11 of L.42/2000 comes into force. The main purpose of this amending Law is to extend that saving to future claimants who are already married when Article 11 of L.42/2000 comes into force.

(j) Air Transport Permits (Amendment) (Jersey) Law 2002 (P.108/2002 - adopted 2.7.2002)

The purpose of this Law is to ensure that, when flights to and from Jersey by Community air carriers cease to require a route licence from the Civil Aviation Authority, they shall continue to require a permit from the Jersey Transport Authority.

(k) States of Jersey (Amendment No. 8) Law 2002 (P.106/2002 - adopted 2.7.2002)

This Law amends the States of Jersey Law 1966 regarding the disqualification for election as a Senator or Deputy and to impose a new requirement for disclosure of information by a candidate.

(l) Sea Fisheries (Amendment) (Jersey) Law 2002 (P.95/2002 - adopted 16.7.2002)

The main purpose of this Law is to amend the Law Fisheries (Jersey) Law 1994 so as to enable the implementation of the Agreement concerning fishing in the Bay of Granville signed on 4th July 2000.

(m) Loi (2002) (Amendement No. 9) réglant la procédure criminelle (P.113/2002 - adopted 23.7.2002)

The main purpose of this Law is to amend the Loi (1864) réglant la procédure criminelle so as to enable the use of video links in any proceedings in the Royal Court, if the defendant has consented.

(n) Magistrate’s Court (Miscellaneous Provisions) (Amendment No. 9) (Jersey) Law 2002 (P.114/2002 - adopted 23.7.2002)

This Law amends the Magistrate’s Court (Miscellaneous Provisions) (Jersey) Law 1949 so as to enable -

(i) the use of live television links in any criminal proceedings in the Magistrate’s Court, if the defendant has consented (these amendments mirror those made in respect of criminal proceedings in the Royal Court referred to in the amending Law at (m) above);

(ii) the Magistrate to remand a case to the Royal Court where the Magistrate considers that a confiscation order is likely to be made under the Drug Trafficking Offences (Jersey) Law 1988 or the Proceeds of Crime (Jersey) Law 1999.

(o) Limited Liability Companies (Registration Fees) (Repeal) (Jersey) Law 2002 (P.84/2002 - adopted 26.7.2002)

This Law repeals the Limited Liabilities Companies (Registration Fees) (Jersey) Law 1967.

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

(a) The Air Navigation (Jersey) (Amendment No. 2) Order 2002

(L.16/2002 - registered 10.5.2002. In force - 24.4.2002)

(b) The Telecommunication Services (Channel Islands) Order 2002

(L.17/2002 - registered 24.5.2002. In force - 29.3.2002)

(L.18/2002 - registered 7.6.2002. In force - 14.6.2002)

(d) Health and Safety at Work (Amendment No. 3) (Jersey) Law 2002

(L.19/2002 - registered 14.6.2002. In force - 21.6.2002)

(e) Petroleum (Amendment) (Jersey) Law 2002

(L.20/2002 - registered 14.6.2002. In force - 21.6.2002)

(f) Health Registration (Amendment) (Jersey) Law 2002

(L.21/2002 - registered 14.6.2002. In force - day or days to be appointed)

(g) Summer Time (Amendment)(Jersey) Law 2002

(L.22/2002 - registered 14.6.2002. In force - 1.1.2003)

(h) Finance (Jersey) Law 2002

(L.23/2002 - registered 21.6.2002. In force - 6.12.2001)

(i) Loi (2002) concernant la Police Honorifique de St. Martin

(L.24/2002 - registered 21.6.2002. In force - on registration)

(j) Loi (2002) concernant la Police Honorifique de St. Ouen

(L.25/2002 - registered 21.6.2002. In force - on registration)

(k) Companies (Amendment No. 7) (Jersey) Law 2002

(L.26/2002 - registered 26.7.2002. In force - 1.9.2002)

(l) Criminal Justice (Evidence of Children) (Jersey) Law 2002

(L.27/2002 - registered 26.7.2002. In force - day to be appointed)

(m) Public Finances (Administration) (Jersey) Law 2002

(L.28/2002 - registered 26.7.2002. In force - 2.8.2002)

(n) States of Jersey (Amendment No. 8) Law 2002

(L.29/2002 - registered 26.7.2002. In force - 2.8.2002)

(o) Air Transport Permits (Amendment) (Jersey) Law 2002

(L.30/2002 - registered 2.8.2002. Law in force -

(i) with the exception of Article 5(2), 9.8.2002;

(ii) Article 5(2), 2.7.2002)

(p) Barclays Private Clients International (Jersey) Law 2002

(L.31/2002 - registered 2.8.2002. In force - on registration)

3. APPOINTED DAY ACTS

(a) Public Elections (Jersey) Law 2002 (Appointed Day) Act 2002

(R & O 42/2002)

Law, with the exception of Articles 6(6), 7(1)-(3) and (5), 12(2)(b) and 20(5)-(7), in force 5.6.2002.

(b) Telecommunications (Jersey) Law 2002 (Appointed Day) Act 2002

(R & O 57/2002)

Law -

(i) as to -

(A) Parts 1, 3, 4, 5, 7 and 8;

(B) Articles 54-61, 63-65 and 68;

(D) Schedule 2, to the extent of paragraph 7, in force 1.7.2002

(ii) as to remainder, day or days to be appointed.

(R & O 66/2002)

Remainder of Law (Articles 9, 11 and 13) in force 2.9.2002.

(d) Companies (Amendment No. 6) (Jersey) Law 2002 (Appointed Day) Act 2002

(R & O 67/2002)

Law in force 1.9.2002.

4. REGULATIONS MADE BY THE STATES

(a) Public Markets (Administration) (Amendment) (Jersey) Regulations 2002

(R & O 39/2002 - in force 16.5.2002)

These Regulations restrict the application of the Public Markets (Administration) (Jersey) Regulations 1947 to the Markets in the Town of St. Helier.

(b) Public Elections (Jersey) Regulations 2002

(R & O 43/2002 - in force 5.6.2002)

These Regulations make arrangements for the implementation of the Public Elections (Jersey) Law 2002.

(R & O 44/2002 - in force 30.5.2002)

These Regulations amend the Gambling (Betting) (Jersey) Regulations 1965 by providing that Tote betting transactions shall not be unlawful gambling, and that a betting office licence, including a credit betting office licence, may authorize Tote betting transactions.

(d) Gambling (Licensing Provisions) (Amendment No. 13) (Jersey) Regulations 2002

(R & O 45/2002 - in force 30.5.2002)

These Regulations amend the Gambling (Licensing Provisions) (Jersey) Regulations 1965 by revising the wording of the activities permitted by betting office and credit betting office licenses to make it permissible for Tote betting transactions to be conducted from such premises.

(e) Gambling (Pool Betting) (Amendment No. 2) (Jersey) Regulations 2002

(R & O 46/2002 - in force 30.5.2002)

These Regulations amend the Gambling (Pool Betting) (Jersey) Regulations 1965 by providing that Tote betting shall not be unlawful gambling if such bets are made in accordance with the Gambling (Betting) (Jersey) Regulations 1975 and with the holder of a betting office or credit betting office licence.

(f) Road Traffic (No. 53) (Jersey) Regulations 2002

(R & O 50/2002 - in force 13.6.2002)

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

(i) provide a power of interim disqualification after conviction but before sentence for any offence for which disqualification from holding or obtaining a driving licence may be imposed;

(ii) revise the provision concerning the retention of driving licences following disqualification;

(iii) provide for mandatory disqualification (unless there are special reasons) for three years in the case of a second or subsequent offence involving alcohol;

(iv) clarify the provisions regarding disqualification until a fresh driving test has been taken so that it is mandatory in the case of offences involving dangerous or careless driving or relating to alcohol or drugs where a fixed period of disqualification is imposed, and discretionary in respect of any of these offences if no such fixed period of disqualification is imposed or in the case of an offence of driving with excess speed;

(v) increase the power of Constables and Centeniers to inflict and levy summarily fines from £50 to £100;

(vi) make a minor amendment consequent on the repeal and replacement of the Road Transport Lighting (Jersey) Law 1956; and

(vii) make other minor revisions and corrections.

(g) Community Provisions (Control of Exports of Dual-Use Items and Technology) (Application) (Jersey) Regulations 2002

(R & O 52/2002 - in force 19.6.2002)

These Regulations apply the provisions of Council Regulation (EC) No. 1334/2000 (as amended by Council Regulations (EC) 2889/2000, 458/2001 and 243/2001) to the Island. The Council Regulation provides for the setting up of a Community system of export controls for dual-use items.

(Note: - These Regulations have now been amended by an Order made by the Finance and Economics Committee on 17th July 2002 - R&O 64/2002)

(h) Community Provisions Dual-Use Items (Export Control) (Jersey) Regulations 2002

(R & O 53/2002 - in force 11.6.2002)

These Regulations give effect to certain provisions of Council Regulation (EC) No. 1334/2000 on the control of exports of dual-use items and technology.

(i) Companies (Redemption and Financial Assistance) (Jersey) Regulations 2002

(R & O 68/2002 - in force 1.9.2002)

These Regulations modify Part XI of the Companies (Jersey) Law 1991 by -

(i) permitting a par value company to redeem its limited shares, in the case of a payment of a premium on a redemption, out of any share premium account;

(ii) modifying the financial requirements for redemption, in the case of companies that are not open-ended investment companies, in the following way -

(A) in the case of a payment from a share premium account or a stated capital account, the directors must hold a reasonable belief that the realisable value of the company’s assets will not be less than its liabilities; and

(B) in the case of a payment out of unrealised capital or revenue, they must hold a reasonable belief that the company’s assets will not be less than the aggregate of the amounts standing to the credit of its capital accounts;

(iii) permitting a company to give financial assistance for the purchase of its own shares if the directors are reasonably satisfied that the value (as opposed to the “realisable” value) of its assets will remain not less than the aggregate of its liabilities and the amounts standing to the credit of its capital accounts.

(j) Limited Liabilities Companies (Registration Fees) (No. 4) (Jersey) Regulations 2002

(R & O 69/2002 - in force 1.9.2002)

These Regulations alter the fee payable on the registration of a limited par value company, or on any increase in its authorized capital, from 0.5 per cent of its capital (or of the increase in capital) to 0.00005 per cent.

5. OTHER SUBORDINATE LEGISLATION OF NOTE

Community Provisions (Zimbabwe - Restrictive Measures) (No. 2) (Jersey) Order 2002

(R & O 81/2002 - in force 14.8.2002)

The purpose of this Order is to replace the Community Provisions (Zimbabwe - Restrictive Measures) (Jersey) Order 2002 which gave effect in the Island to a Council Regulation of the European Communities that put in place certain restrictive measures in respect of Zimbabwe. The new Order is in identical terms save that it incorporates two amendments that have been made to the Council Regulation, correcting entries in the list of competent authorities of Austria, Belgium and the United Kingdom and extending the list of persons, entities and bodies to whom no funds, financial assets or economic resources shall be made available.

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