The Jersey Law Review - February 2002

SUMMARY OF LEGISLATION

1ST SEPTEMBER 2001 - 31ST DECEMBER 2001

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1. LAWS ADOPTED BY THE STATES

(b) Gambling (Amendment No. 5) (Jersey) Law 2001 (P.133/2001 - adopted 9.10.2001)

This Law amends the Gambling (Jersey) Law 1964 by exempting bets made on the United Kingdom Totalisator from the general prohibition on gambling transactions with persons or bodies outside the Island.

(c) Health and Safety at Work (Amendment No. 3) (Jersey) Law 2001 (P.137/2001 - adopted 9.10.2001)

This Law amends the Health and Safety at Work (Jersey) Law 1989 to allow for the disclosure of certain information with the consent of the Employment and Social Security Committee in limited circumstances and subject, where appropriate, to restrictions.

(d) Public Elections (Jersey) Law 2001 (P.132/2001 - adopted 23.10.2001)

This Law re-enacts, with revisions, the Loi (1897) sur les élections publiques, the Franchise (Jersey) Law 1968 and the Public Elections (Postal Voting) (Jersey) Law 1978. Like those Laws, this Law provides for the holding of elections for the offices of Connétable, Centenier, Senator and Deputy in Jersey, for the qualification of electors and for postal voting. The Law additionally provides for pre-poll voting at the Judicial Greffe by persons who cannot go to a polling station on polling day.

(e) Health Care (Registration) (Amendment) (Jersey) Law 2001 (P.145/2001 - adopted 23.10.2001)

This Law amends the Health Care (Registration) (Jersey) Law 1995 ("the principal Law") -

(i) to require the registration of nurses and health visitors;

(ii) to register midwives under the principal Law (instead of the Loi (1922) sur la Santé Public (Sages-femmes), which is repealed);

(iii) to require the registration of ambulance paramedics and clinical scientists;

(iv) to enable the Committee to prescribe by Order the appropriate qualifications for registration under the principal Law.

(f) Collective Investment Funds (Amendment No. 3) (Jersey) Law 2001 (P.155/2001 - adopted 30.10.2001)

(g) Banking Business (Amendment No. 3) (Jersey) Law 2001 (P.156/2001 - adopted 30.10.2001)

(h) Insurance Business (Amendment No. 3) (Jersey) Law 2001 (P.157/2001 - adopted 30.10.2001)

(i) Financial Services (Amendment) (Jersey) Law 2001 (P.158/2001 - adopted 30.10.2001)

These Laws amend the Collective Investment Funds (Jersey) Law 1988, the Banking Business (Jersey) Law 1991, the Insurance Business (Jersey) Law 1996 and the Financial Services (Jersey) Law 1998 ("the principal Laws") in order to confer power for the exercise of certain investigative and regulatory powers under the principal Laws in response to a request from a foreign finance industry regulator even when the request is based on an offence that occurred outside Jersey. The amending Laws also lift certain existing restrictions on the passing of information to a foreign regulator and make it clear that information may be so passed without the need for a request from the foreign regulator.

Where the co-operation relates to an offence that occurred outside Jersey, the offence must nevertheless be analogous to an offence that, if it were committed in Jersey, would give a foundation for the exercise of the relevant Jersey powers. Certain other matters may be taken into account, including that the co-operation is based on a reasonable degree of reciprocity (including contribution as to costs) between the Jersey Financial Services Commission and the foreign regulator.

The Commission may also impose conditions on the use by the foreign regulator of any information that the Commission passes to the regulator.

(j) Piercing and Tattooing (Jersey) Law 2001 (P.144/2001 - adopted 13.11.2001)

This Law provides for the registration and regulation of persons who, whether or not for reward, practise acupuncture, body or ear piercing, electrolysis or tattooing on other persons, and the premises on which those practices are carried out.

(k) Island Planning (Amendment No. 7) (Jersey) Law 2001 (P.165/2001 - adopted 13.11.2001)

This Law amends the Island Planning (Jersey) Law 1964 to include demolition in the definition of development.

(l) Criminal Justice (Anonymity in Sexual Offence Cases) (Jersey) Law 2001 (P.166/2001 - adopted 20.11.2001)

The purpose of this Law is to extend to any person against whom a sexual offence is or is alleged to have been committed provisions preventing public disclosure of his identity.

(m) Shipping (Jersey) Law 2001 (P.162/2001 - adopted 6.12.2001)

This Law repeals and replaces the legislation (including legislation of the United Kingdom) presently in force in the Island relating to shipping.

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

(a) Powers of Arrest (Injunctions) (Amendment) (Jersey) Law 2001
(L.24/2001 - registered 23.11.2001. In force - 30.11.2001)

(b) Financial Services Commission (Amendment No. 3) (Jersey) Law 2001
(L.25/2001 - registered 23.11.2001. In force - 30.11.2001)

(c) Standard Chartered Bank (CI) Limited (Jersey) Law 2001
(L.26/2001 - registered 23.11.2001. In force - day or days to be appointed)

(d) Currency Offences (Amendment) (Jersey) Law 2001
(L.27/2001 - registered 23.11.2001. In force - 30.11.2001)

(e) The Royal Bank of Scotland International Limited (Jersey) Law 2001
(L.28/2001 - registered 23.11.2001. In force - day to be appointed)

(f) Loi (2001) (Amendement No. 2) sur les matières explosives
(L.29/2001 - registered 23.11.2001. In force - on registration)

(g) Customary Law Amendment (Amendment) (Jersey) Law 2001
(L.30/2001 - registered 23.11.2001. In force - 30.11.2001)

(l) Marriage and Civil Status (Jersey) Law 2001
(L.31/2001 - registered 7.12.2001. In force - day to be appointed)

3. APPOINTED DAY ACTS

(a) Acte (2001) mettant en vigueur la Loi (1995) (Abrogation) sur les Etrangers
(R & O 131/2001)
Loi in force 1.10.2001

(b) Matrimonial Causes (Amendment No. 10) (Jersey) Law 2000 (Appointed Day) Act 2001
(R & O 137/2001)
Law in force 15.11.2001

(c) Food and Drugs (Amendment No. 3) (Jersey) Law 2000 (Appointed Day) Act 2001
(R & O 141/2001)
Law in force 1.1.2002

(d) Firearms (Jersey) Law 2000 (Appointed Day) Act 2001
(R & O 144/2001)
Law in force 1.11.2001

(e) Firearms (Amendment) (Jersey) Law 2000 (Appointed Day) Act 2001
(R & O 145/2001)
Law in force 1.11.2001

(f) Acte (2001) mettant en vigueur la Loi (2001) (Amendement No. 8) réglant le procédure criminelle
(R & O 153/2001)
Loi, with the exception of Articles 9, 11 and 13, in force 12.11.2001

(g) Criminal Justice (International Co-operation) (Jersey) Law 2001 (Appointed Day) Act 2001
(R & O 154/2001)
Law in force 6.11.2001

(h) Law Reform (Disclosure and Conduct Before Action) (Jersey) Law 1999 (Appointed Day) Act 2001
(R & O 156/2001)
Law in force 1.12.2001

(i) Standard Chartered Bank (CI) Limited (Jersey) Law 2001 (Appointed Day) Act 2001
(R & O 188/2001)
Law in force 17.12.2001

(j) Royal Bank of Scotland International Limited (Jersey) Law 2001 (Appointed Day) Act 2001
(R & O 200/2001)
Law in force 1.1.2002

4. REGULATIONS MADE BY THE STATES

(a) Licensing (Licence Fees) (Jersey) Regulations 2001
(R & O 133/2001 - in force 20.9.2001)

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

(b) Health Insurance (Medical Benefit) (Amendment No. 54) (Jersey) Regulations 2001
(R & O 136/2001 - in force 1.10.2001)

These Regulations increase the amount of medical benefit payable in respect of specified medical services provided by approved medical practitioners to persons who are exempt from liability to pay contributions under the Health Insurance (Jersey) Law 1967.

(c) Criminal Justice (International Co-operation) (Jersey) Regulations 2001
(R & O 155/2001 - in force 6.11.2001)

These Regulations provide for the enforcement in the Island of an order that -

(i) is made by a court in a country or territory outside the Island designated by the Regulations; and

(ii) is for the forfeiture and destruction, or the forfeiture and other disposal, of anything in respect of which an offence that would constitute a serious offence if the conduct constituting the offence had occurred in the Island has been committed or that was used or intended for use in connection with the commission of such an offence.

(d) Gambling (Betting) (Amendment No. 12) (Jersey) Regulations 2001
(R & O 160/2001 - in force 15. 11. 2001)

These Regulations amend the Gambling (Betting) (Jersey) Regulations 1965 to bring the controls on licensed betting offices into line with those currently operating in the United Kingdom, insofar as the premises, advertisements and some of the facilities provided are concerned.

(e) Disability Transport Allowance (No. 2) (Jersey) Regulations 2001
(R & O 170/2001 - in force 22.11.2001)

These Regulations provide for an increase in the rate of disability transport allowance payable under the Disability Transport Allowance (Jersey) Law 1997.

(f) Fishing Vessels (Safety Training) (Jersey) Regulations 2001
(R & O 171/2001 - in force for three years from 28.2.2002)

These Regulations impose new requirements for the training of persons employed on fishing vessels in matters of safety.

(g) Boats and Surf-Riding (Control) (Amendment No. 21) (Jersey) Regulations 2001
(R & O 176/2001 - in force 1.1.2002)

The main purpose of these Regulations is to increase the registration fees payable for surf or sail boards and boats and speedboats, and the licence fees for boats or passenger boats plying for hire.

(h) Harbours (Amendment No. 33) (Jersey) Regulations 2001
(R & O 177/2001 - in force 9.12.2001)

These Regulations review the charges levied for flats, trailers, containers, equipment, vehicles and other goods that remain on a harbour in excess of the periods specified in the Harbours (Jersey) Regulations 1962.

(i) Road Traffic (No. 52) Regulations 2001
(R & O 178/2001 - in force 1.1.2002)

The purpose of these Regulations is to clarify the medical fitness requirements in respect of driving licences.

(j) Public Service Fees (Amendment No. 12) Regulations 2001
(R & O 179/2001 - in force 1.1.2002)

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

(k) Hire Cars (No. 11) (Jersey) Regulations 2001
(R & O 180/2001 - in force 1.1.2002)

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

(l) Sea Fisheries (Minimum Size Limits) (Jersey) Regulations) 2001 )
(R & O 193/2001 - in force 1.1.2002) )

(m) Sea Fisheries (Trawling, Netting and Dredging) (Jersey)) Regulations 2001 )
(R & O 194/2001 - in force 1.1.2002) )

(n) Sea Fisheries (Inshore Trawling, Netting and Dredging)) (Jersey) Regulations 2001 )
(R & O 195/2001 - in force 1.1.2002) )

These Regulations repeal and remake -

(i) the Sea Fisheries (Size Limits) (Jersey) Regulations 1998;

(ii) the Sea Fisheries (Trawling, Netting and Dredging) (Jersey) Regulations 1999; and

(iii) the Sea Fisheries (Inshore Trawling, Netting and Dredging) (Jersey) Regulations 1999,

with amended provisions that bring the Regulations into line with the latest European Union fisheries technical conservation regulations.

(o) Sea Fisheries (Log Books and Landing Declarations) (Jersey) Regulations 2001
(R & O 196/2001 - in force 1.1.2002)

These Regulations apply to the Island provisions equivalent to parts of Council Regulation (EEC) No. 2487/93, as amended, which are concerned with record-keeping in respect of fishing boats.

(p) Health Insurance (Medical Benefit) (Amendment No. 55) (Jersey) Regulations 2001
(R & O 198/2001 - in force 1.1.2002)

These Regulations increase the amount of medical benefit payable in respect of specified medical services provided by approved medical practitioners to persons who are exempt from liability to pay any contribution under the Health Insurance (Jersey) Law 1967.

(q) Family Allowances (Jersey) Regulations 2001
(R & O 199/2001 - in force 1.1.2002)

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 1st January 2002.

5. OTHER SUBORDINATE LEGISLATION OF NOTE

(a) Matrimonial Causes (Amendment No. 7) (Jersey) Rules 2001
(R & O 128/2001 - in force 15.11.2001)

The main purpose of these Rules is to vest in the Judicial Greffier various powers and functions of the Royal Court in relation to matrimonial causes under the Matrimonial Causes (Jersey) Law 1949 and the Separation and Maintenance Order (Jersey) Law 1953.

(b) Diseases of Animals (Welfare in Transit) (Jersey) Order 2001
(R & O 129/2001 - in force 1.12.2001)

This Order imposes requirements upon the transportation of animals to and from the Island for the purpose of ensuring their welfare during the journey.

(c) The Terrorism (United Nations Measures) (Channel Islands) Order 2001
(R & O 142/2001 - in force 10.10.2001)

This Order imposes in the Island measures against terrorism pursuant to a decision of the Security Council of the United Nations in its Resolution 1373 of 28th September 2001. It prohibits fundraising for, and restricts the making available of funds to or the provision of financial services to terrorists. It also provides powers to freeze accounts of suspected terrorists.

(d) Food (Registration of Premises) (Jersey) Order 2001
(R & O 159/2001 - in force 1.1.2002)

This Order provides for the registration of food premises.

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