The Jersey Law Review - October 2003

SUMMARY OF LEGISLATION

1ST MAY 2003 - 31ST AUGUST 2003

1. LAWS ADOPTED BY THE STATES

(a) Police Force (Amendment No. 9) (Jersey) Law 2003- (P.47/2003 - adopted 13.5.2003)

This Law enables all Parish Centeniers to charge a person with an offence under the Customs and Excise (Jersey) Law 1999 at the Customs Custody Suite at the Elizabeth Quay.

(b) Motor Traffic (Third Party Insurance) (Amendment No. 11) (Jersey) Law 2003 (P.48/2003 - adopted 13.5.2003)

This Law increases the maximum fine that a Connétable or Centenier may impose at a Parish Hall Enquiry on a person who has failed to display or failed to produce an insurance disc.

This Law empowers a Connétable or Centenier to impose a fine at a Parish Hall Enquiry on a person who has failed to notify the Inspector of Motor Traffic when a registered motor vehicle has been altered, removed from Jersey, broken up, destroyed or has changed hands; or when the owner has changed address.

(d) Shipping (Amendment) (Jersey) Law 2003 (P.54/2003 - adopted 20.5.2003)

This Law enable ships presently registered in Jersey under the Merchant Shipping Acts 1894 to 1983 of the United Kingdom, as amended, to continue to be registered in Jersey.

(e) Opticians (Registration) (Amendment) (Jersey) Law 2003 (P.61/2003 - adopted 10.6.2003)

This Law enables the sale, without restriction, of “ready reader” spectacles to persons over the age of 16.

(f) Jersey Association for Mental Health and Jersey Schizophrenia Fellowship (Integration with Jersey Focus on Mental Health) (Jersey) Law 2003 (P.62/2003 - adopted 20.5.2003)

This Law transfers the property of The Jersey Association for Mental Health and the Jersey Schizophrenia Fellowship to a new charitable body, Jersey Focus on Mental Health.

(g) Matrimonial Causes (Amendment No. 11) (Jersey) Law 2003 (P.65/2003 - adopted 1.7.2003)

This Law amends and modernises the grounds for petition for divorce and seeks to equalise the respective positions of husband and wife in respect of their ability to petition for divorce, judicial separation and nullity of marriage.

(h) Employment (Jersey) Law 2003 (P.55/2003 - adopted 8.7.2003)

This Law makes new provision regulating employment in Jersey, in particular, an employee’s entitlement to a statement of terms and conditions of employment, minimum rest periods and annual leave, minimum wage, payment of wages, termination of employment, unfair dismissal and for the establishment of an employment tribunal.

(i) Criminal Justice (Suspension of Prison Sentences) (Jersey) Law 2003 (P.66/2003 - adopted 8.7.2003)

This Law enables a court to order, where it has sentenced an offender to imprisonment for a term of not more than 2 years, that the offender shall not be imprisoned in accordance with the sentence unless, within a period specified by the court, the offender commits another offence for which he could be imprisoned.

(j) Parish Rate (Jersey) Law 2003 (P.82/2003 - adopted 15.7.2003)

This Law authorizes the making and levying of rates in the parishes for the years 2004, 2005 and 2006.

(k) Law Revision (Jersey) Law 2003 (P.78/2003 - adopted 16.7.2003)

This Law establishes a Law Revision Board and empowers the Board to bring into force a revised edition of the laws of Jersey.

(l) Investigation of Fraud (Amendment No. 2) (Jersey) Law 2003 (P.80/2003 - adopted 24.7.2003)

This Law enables the Attorney General to authorize certain categories of persons to exercise powers of investigation under Article 2 of the Investigation of Fraud (Jersey) Law 1991.

(m) Hire Cars (Repeal) (Jersey) Law 2003 (P.86/2003 - adopted 24.7.2003)

This Law repeals the Hire Cars (Jersey) Law 1964.

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

(a) Finance (Jersey) Law 2003
(L.21/2003 - registered 30.5.2003. In force 5.12.2002 by acte opératoire)

(b) Income Tax (Amendment No. 23) (Jersey) Law 2003
(L.22/2003 - registered 30.5.2003. In force 5.12.2002 by acte opératoire)

(d) Advocates and Solicitors (Amendment No. 3) (Jersey) Law 2003
(L.24/2003 - registered 11.6.2003. In force 18.7.2003)

(e) Customs and Excise (Amendment) (Jersey) Law 2003
(L.25/2003 - registered 11.6.2003. In force 18.7.2003)

(f) The Iraq (United Nations Sanctions) (Channel Islands) Order 2003
(R&O 53/2003 - registered 4.7.2003. In force 14.6.2003)

(g) The Merchant Shipping (Categorisation of Registries of Relevant British Possessions) Order 2003
(R&O 72/2003 - registered 1.8.2003. In force 10.6.2003)

(h) Family Allowances (Amendment No. 6) (Jersey) Law 2003
(L.26/2003 - registered 11.7.2003. In force 18.7.2003)

(i) Fire Service (Amendment No. 5) (Jersey) Law 2003
(L.27/2003 - registered 11.7.2003. In force on a day to be appointed by Act of the States)

(j) Health Insurance (Amendment No. 13) (Jersey) Law 2003
(L.28/2003 - registered 11.7.2003. In force 18.7.2003)

(k) Parish Rate (Administration) (Amendment) (Jersey) Law 2003
(L.29/2003 - registered 11.7.2003. In force 1.1.2004)

(l) Plant Health (Jersey) Law 2003
(L.30/2003 - registered 11.7.2003. In force on a day to be appointed by Act of the States)

(m) Police Force (Amendment No. 9) (Jersey) Law 2003
(L.31/2003 - registered 8.8.2003. In force on a day to be appointed by Act of the States)

3. APPOINTED DAY ACTS

(a) Maintenance Orders (Facilities for Enforcement) (Jersey) Law 2000 (Appointed Day) Act 2003 (R & O 41/2003)
Law in force 2.6.2003

(b) Terrorism (Jersey) Law 2002 (Appointed Day) Act 2003 (R & O 56/2003)
Law in force 1.9.2003

(d) Health Care (Registration) (Amendment) (Jersey) Law 2002 (Appointed Day) Act 2003 (R & O 63/2003)
Law (apart from Articles 2(2), 7, 8(4) and (5), 9 and 10(3) and (4)) in force 1.8.2003.
Further Appointed Day Act required to bring remaining provisions into force.

4. REGULATIONS MADE BY THE STATES

(a) Public Elections (Jersey) Regulations 2003
(R & O 51/2003 - in force 1.7.2003)

These Regulations change critical dates in the Public Elections (Jersey) Law 2002 for the preparation of electoral registers and for the sending out of register statements. They also fix 12 noon, instead of 8 a.m. as the time for the opening of the poll in elections of Centeniers and Procureurs du Bien Public.

(b) Housing (General Provisions) (Amendment No. 19) (Jersey) Regulations 2003
(R & O 52/2003 - in force 1.7.2003)

These Regulations reduce the qualifying period of continuous ordinary residence for an intending purchaser or lessee who is not locally qualified from 17 to 16 years.

These Regulations enable orders made in specified overseas territories for forfeiture of, or for ‘freezing’ or restraining disposal of, terrorist property to be registered in the Royal Court and enforced in Jersey.

5. OTHER SUBORDINATE LEGISLATION OF NOTE

(a) Maintenance Orders (Facilities for Enforcement - Convention Countries) (Jersey) Act 2003
(R & O 42/2003 - in force 2.6.2003)

This Act specifies the countries and territories, to which the United Nations Convention on the Recovery Abroad of Maintenance extends, which are convention countries for the purposes of the Maintenance Orders (Facilities for Enforcement) (Jersey) Law 2000.

(b) Maintenance Orders (Facilities for Enforcement - Hague Convention Countries) (Jersey) Act 2003
(R & O 43/2003 - in force 2.6.2003)

This Act specifies the countries and territories, in which the Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations is in force, which are Hague Convention countries for the purposes of Part 4 of the Maintenance Orders (Facilities for Enforcement) (Jersey) Law 2000.

(c) Police Procedures and Criminal Evidence (Preparatory Hearings) Rules 2003
(R & O 60/2003 - in force in accordance with Rule 18)

These Rules specify practice and procedure to be followed where the Bailiff orders a preparatory hearing.

(d) Terrorism (Audio Recording of Interviews) (Jersey) Order 2003
(R & O 68/2003 - in force 1.9.2003)

This Order gives effect to a Code of Practice requiring the audio recording of interviews by the police of suspected terrorists.

(e) Terrorism (Proscribed Organizations) (Amendment) (Jersey) Order 2003
(R & O 69/2003 - force 1.9.2003)

This Order adds to the list of proscribed organizations in the Terrorism (Jersey) Law 2002.

(f) Road Traffic (Speed Limits) (Jersey) Order 2003
(R & O 83/2003 - in force 9.9.2003)

This Order specifies the roads to which speed limits of 30, 20 and 15 m.p.h. apply.

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