The Jersey Law Review - February 2003

SUMMARY OF LEGISLATION

1ST SEPTEMBER 2002 - 31ST DECEMBER 2002

1. LAWS ADOPTED BY THE STATES

(a) Criminal Justice (Evidence of Children) (Amendment) (Jersey) Law 2002 (P.138/2002 - adopted 11.9.2002)

The purpose of this Law is to correct a drafting error in Article 2 of the Criminal Justice (Evidence of Children) (Jersey) Law 2002.

(b) Water Pollution (Amendment) (Jersey) Law 2002 (P.100/2002 - adopted 11.9.2002)

This Law proposes a number of amendments, essentially of a procedural nature, to the Water Pollution (Jersey) Law 2000 to -

(i) enable the Public Services Committee to dispense with the requirement to advertise an application for the grant of a discharge permit, if there is unlikely to be an adverse effect on the aquatic environment;

(ii) confer a right of appeal to the Royal Courton an applicant for the variation or transfer of a discharge permit, in consequence of the enactment of the Human Rights (Jersey) Law 2000;

(iii) give the Attorney General a right of appeal to the Court of Appeal against a decision by the Royal Court on an application for review brought by him in respect of a discharge certificate.

(iv) provide that if a designated officer exercises a power under Article 32 of the principal Law (dealing with general powers of entry and investigation), he is bound to give written details as soon as practicable to the person affected.

This Law provides for the management of records concerning States functions and other public functions in Jersey, as well as access to those records when they become archives, and confers various functions on the Jersey Heritage Trust, on an Archivist to be employed by the Trust and on a Records Advisory Panel to be set up under the Law.

(d) Crime (Going Equipped) (Jersey) Law 2002 (P.96/2002 - adopted 24.9.2002)

This Law creates a new offence of going equipped with an article for use in or in connection with any offence of burglary, larceny, taking a vehicle without consent or obtaining property by deception. If the article is made or adapted for use in committing any of those offences, possession of it will be taken as evidence that the person had the article with him for such use.

(e) Civil Evidence (Jersey) Law 2002 (P.111/2002 - adopted 24.9.2002)

This Law provides for the admission of hearsay evidence and proof of documentary evidence in civil proceedings.

(f) Law Reform (Miscellaneous Provisions) (Jersey) Law 2002 (P.130/2002 - adopted 24.9.2002)

This Law amends the law regarding the end of an agreement to marry.

(g) Nursing and Residential Homes (Amendment) (Jersey) Law 2002 (P.140/2002 - adopted 24.9.2002)

This Law increases the maximum level of fines for offences under the Nursing and Residential Homes (Jersey) Law 1994.

(h) Public Holidays and Bank Holidays (Amendment No. 2) (Jersey) Law 2002 (P.136/2002 - adopted 1.10.2002)

The purpose of this Law is to revise the provisions of the Public Holidays and Bank Holidays (Jersey) Law 1951 concerned with the opening and closing of banks.

(i) Loi (2002) concernant les serments des Connétables et des Centeniers (P.158/2002 - adopted 8.10.2002)

The purpose of this Loi is to prescribe revised forms of the oaths to be taken by Connétables and Centeniers.

(j) Law granting an Act of Incorporation to the Association called “The Haut de la Garenne Trust” (P.148/2002 - adopted 22.10.2002)

This Law grants an Act of Incorporation to the Haut de la Garenne Trust.

(k) Public Finances (Administration) (Amendment No. 11) (Jersey) Law 2002 (P.153/2002 - adopted 23.10.2002)

This Law requires the Finance and Economics Committee to submit the annual accounts to the States for their information by the end of May each year instead of the end of year as previously. It also enables that Committee to prescribe a date other than 31st May.

(l) Insurance Business (Amendment No. 4) (Jersey) Law 2002 (P.162/2002 - adopted 23.10.2002)

This Law amends the Insurance Business (Jersey) Law 1996 by -

(i) defining carrying on insurance business in or from within the Island;

(ii) providing an additional ground on which the Jersey Financial Services Commission may refuse to grant a permit, and revising the wording of the provision relating to continuing offences of failing to comply with a condition of a permit;

(iii) revising the wording of the provision relating to continuing offences of failing to submit a financial statement and auditor’s report;

(iv) clarifying the wording of the offence and penalty provisions in respect of giving notice relating to the appointment of directors, etc. under Article 22 of the principal Law

(v) enabling Orders to impose duties on actuaries and on permit holders with respect to their actuaries;

(vi) widening the circumstances where an advertisement for insurance issued outside the Island is treated as issued in the Island to include means of communication other than a publication or broadcast;

(vii) providing for insurance contracts entered into in contravention of Article 4 of the principal Law (prohibition of carrying on insurance business unless authorized) to be unenforceable against the other party (as opposed to completely void for illegality) and to provide a mechanism for recovery of monies paid or property transferred; and

(viii) extending the requirement that the approval of the court is required to transfer long term business from one insurance company to another to cover all types of insurance.

(m) Misuse of Drugs (Amendment No. 3) (Jersey) Law 2002 (P.164/2002 - adopted 23.10.2002)

This purpose of this Law is to update, in the Misuse of Drugs (Jersey) Law 1978, cross references to offences formerly in the Customs and Excise (General Provisions) (Jersey) Law 1972 and now re-enacted in the Customs and Excise (Jersey) Law 1999.

(n) Parish Rate (Jersey) Law 2002 (P.176/2002 - adopted 23.10.2002)

The purpose of this Law is to authorize the making and levying of rates in the parishes for the year 2003.

(o) Police Procedures and Criminal Evidence (Jersey) Law 2002 (P.89/2002 - adopted 5.11.2002)

This Law makes further provision in relation to the powers and duties of the police, persons in police or customs detention, criminal evidence and the conduct of criminal proceedings.

(p) Dogs (Amendment No. 2) (Jersey) Law 2002 (P.184/2002 - adopted 5.11.2002)

This Law exempts “hearing dogs for the deaf” from the necessity for a dog licence under the Dogs (Jersey) Law 1961 in the same way as guide dogs for the blind.

(q) JerseyAdvisory and Conciliation (Jersey) Law 2002 (P.134/2002 - adopted 5.11.2002)

This Law establishes machinery for promoting the improvement of employment relations and to assist in the resolution of employment disputes.

(r) Official Publications (Amendment) (Jersey) Law 2002 (P.188/2002 - adopted 12.11.2002)

The principal purpose of this Law is to enable, where appropriate, statutory notices of certain matters to be given other than through the medium of the Jersey Gazette.

(s) Subordinate Legislation (Amendment No. 3) (Jersey) Law 2002 (P.193/2002 - adopted 12.11.2002)

This Law provides that the Subordinate Legislation (Jersey) Law 1960 automatically applies to subordinate legislation (excluding Regulations and Acts of the States) unless express provision is made to the contrary.

(t) Interpretation (Amendment) (Jersey) Law 2002 (P.194/2002 - adopted 12.11.2002)

This Law clarifies the time when certain legislation comes into force and applies certain new rules for construction and definition to all legislation.

(u) Finance (Jersey) Law 2002 (P.220/2002 - adopted 5.12.2002)

This Law gives effect to various provisions in the 2003 Budget.

(v) Income Tax (Amendment No. 22) (Jersey) Law 2002 (P.219/2002 - adopted 5.12.2002)

This Law amends the Income Tax (Jersey) Law 1961 to make provision for -

(i) separate assessments for husbands and wives;

(ii) more flexible pension arrangements;

(iii) taxation of benefits of kind.

(w) Parish Rate (Administration) (Jersey) Law 2002 (P.199/2002 - adopted 5.12.2002)

This Law repeals and replaces the Parish Rate (Administration) (Jersey) Law 1946. The main difference from the 1946 Law is to provide that each rateable area of land in Jersey will have a fixed rateable value, expressed in rateable quarters.

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

(a) Harbours (Administration) (Amendment No. 6) (Jersey) Law 2002

(L.32/2002 - registered 8.11.2002. In force - 15.11.2002)

(b) Island Planning (Amendment No. 8) (Jersey) Law 2002

(L.33/2002 - registered 8.11.2002. In force - 15.11.2002)

(L.34/2002 - registered 8.11.2002. In force - 22.11.2002)

(d) Medicines (Amendment) (Jersey) Law 2002

(L.35/2002 - registered 8.11.2002. In force - 15.11.2002)

(e) Planning and Building (Jersey) Law 2002

(L.36/2002 - registered 8.11.2002. In force - day or days to be appointed)

(f) Referendum (Jersey) Law 2002

(L.37/2002 - registered 8.11.2002. In force - 15.11.2002)

(g) Social Security (Amendment No. 15) (Jersey) Law 2002

(L.38/2002 - registered 8.11.2002. In force - day or days to be appointed)

(h) Social Security (Amendment No. 16) (Jersey) Law 2002

(L.39/2002 - registered 8.11.2002. In force - day to be appointed)

(i) Terrorism (Jersey) Law 2002

(L.40/2002 - registered 8.11.2002. In force - day or days to be appointed)

(j) Shipping (Jersey) Law 2002

(L.41/2002 registered 8.11.2002. In force - day or days to be appointed)

(k) Loi (2002) (Amendement No. 9) réglant la procédure criminelle

(L.42/2002 - registered 6.12.2002. In force - 13.12.2002)

(l) Magistrate’s Court (Miscellaneous Provisions) (Amendment No. 9) (Jersey) Law 2002

(L.43/2002 - registered 6.12.2002. In force - 13.12.2002)

(m) Sea Fisheries (Amendment) (Jersey) Law 2002

(L.44/2002 - registered 6.12.2002. In force - day or days to be appointed)

(n) Criminal Justice (Evidence of Children) (Amendment) (Jersey) Law 2002

(L.45/2002 - registered 6.12.2002. In force - day to be appointed for coming into force of Criminal Justice (Evidence of Children) (Jersey) Law 2002 (L.27/2002)

(o) Housing (Amendment No. 10) (Jersey) Law 2002

(L.46/2002 - registered 6.12.2002. In force 13.12.2002)

(p) Loi (2002) concernant les serments des Connétables et des Centeniers

(L.47/2002 - registered 6.12.2002. In force - 13.12.2002)

(q) Public Records (Jersey) Law 2002

(L.48/2002 - registered 6.12.2002. In force - day or days to be appointed)

(r) Adoption (Amendment No. 5) (Jersey) Law 2002

(L.49/2002 - registered 13.12.2002. In force - day or days to be appointed)

(s) Children (Jersey) Law 2002

(L.50/2002 - registered 13.12.2002. In force - day or days to be appointed)

(t) Day Care of Children (Jersey) Law 2002

(L.51/2002 - registered 13.12.2002. In force - day to be appointed)

3. APPOINTED DAY ACTS

(a) Rehabilitation of Offenders (Jersey) Law 2001 (Appointed Day) Act 2002

(R & O 123/2002)

Law in force 1.12.2002

(b) Telecommunications (Jersey) Law 2002 (Appointed Day) (No. 2) Act 2002

(R & O 139/2002)

Telecommunications (Jersey) Law 2002 (Appointed Day) (No. 3) Act 2002

(R & O 153/2002)

Remainder of Law in force 1.1.2003

(R & O 140/2002)

Day appointed for transfer of certain undertakings - 1.12.2002

(d) Social Security (Amendment No. 15) (Jersey) Law (Appointed Day) Act 2002

(R & O 173/2002)

Law in force 1.1.2003

4. REGULATIONS MADE BY THE STATES

(a) Sea Fisheries (Ormers - Temporary Restrictions) (Repeal) (Jersey) Regulations 2002

(R & O 88/2002 - in force 11.9.2002)

These Regulations repeal the Sea Fisheries (Ormers - Temporary Restrictions) Regulations 1999.

(b) Sea Fisheries (Miscellaneous Provisions) (Amendment No. 2) (Jersey) Regulations 2002

(R & O 89/2002 - in force 11.9.2002)

These Regulations amend the start of the period in each year during which ormers may be taken on certain days.

(R & O 90/2002 - in force 11.9.2002)

These Regulations increase from 8 centimetres to 9 centimetres the minimum size of ormers, when measured across the broadest part of the shell, that may be taken.

(d) Licensing (Licence Fees) (Jersey) Regulations 2002

(R & O 98/2002 - in force 26.9.2002)

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

(e) Boats and Surf-Riding (Control) (Amendment No. 23) (Jersey) Regulations 2002

(R & O 113/2002 - in force 8.10.2002)

These Regulations amend the Boats and Surf-Riding (Control) (Jersey) Regulations 1969 so as to confer a right of appeal against any refusal to grant a licence to carry passengers for hire or reward in a passenger boat, or against the revocation, suspension or variation of such a licence.

(f) Pilotage (General Provisions) (Amendment No. 8) (Jersey) Regulations 2002

(R & O 114/2002 - in force 8.10.2002)

These Regulations amend and update the provisions of the Pilotage (General Provisions) (Jersey) Regulations 1988 relating to applications for, and renewals of, a pilot’s licence.

(g) Health and Safety at Work (Construction) (Personal Protective Equipment) (Jersey) Regulations 2002

(R & O 115/2002 - in force 3.10.2002)

These Regulations impose health and safety requirements with respect to the provision for, and use by, persons engaged in construction work of personal protective equipment.

(h) Harbours (Amendment No. 34) (Jersey) Regulations 2002

(R & O 116/2002 - in force 8.10.2002)

These Regulations expand and clarify the statutory procedures for the grant of a permit to use a ramp at the harbour.

(i) Health Insurance (Medical Benefit) (Amendment No. 56) (Jersey) Regulations 2002

(R & O 117/2002 - in force 1.10.2002)

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

(j) Rehabilitation of Offenders (Exemptions) (Jersey) Regulations 2002

(R & O 122/2002 - in force 1.12.2002)

The purpose of these Regulations is to specify circumstances which shall be an exception to the rule in the Rehabilitation of Offenders (Jersey) Law 2001 that a spent conviction need not be disclosed.

(k) Honorary Police (Amendment No. 2) (Jersey) Regulations 2002

(R & O 124/2002 - in force 30.10.2002)

These Regulations amend the Honorary Police (Jersey) Regulations 1977 by reinstating the rule that a member of the Honorary Police may only resign of his own volition if he has informed the Connétable of his Parish and the Attorney General of his reasons for wishing to do so, and the Attorney General has accepted those reasons.

(l) Community Provisions (Dual Use Items) (Export Control) (Amendment) (Jersey) Regulations 2002

(R & O 125/2002 - in force 30.10.2002)

These Regulations add an item (“Americium”) to the list of prohibited chemicals, micro-organisms and toxins under the Community Provisions (Dual Use Items) (Export Control) (Jersey) Regulations 2002.

(m) European Communities Legislation (Implementation) (Cattle Identification) (Jersey) Regulations 2002

(R & O 126/2002 - in force 30.10.2002)

These Regulations provide for the administration and enforcement in the Island of Title 1 of Council Regulation (EC) 1760/2000, which establishes a system for the identification and registration of bovine animals.

(n) Highways (Road Humps) (Jersey) Regulations 2002

(R & O 130/2002 - in force 12.11.2002)

These Regulations replace the Regulations made in 1994 with Regulations that allows more flexibility in the case of road humps.

(o) Motor Traffic (No. 9) (Jersey) Regulations 2002

(R & O 133/2002 - in force 19.11.2002)

The main purpose of these Regulations is to amend the Motor Traffic (Jersey) Law 1935 to give the Home Affairs Committee the power to make Orders to ensure that, in so far as it is practicable to do so, there is an adequate, efficient and reasonably priced cab service available throughout the Islandat all times.

(p) Housing (General Provisions) (Amendment No. 17) (Jersey) Regulations 2002

(R & O 135/2002 - in force 20.11.2002)

These Regulations reduce the residence period for the purposes of the Housing (General Provisions) (Jersey) Regulations 1970 from 18 years to 17 years.

(q) Telecommunications (Transfer) (Jersey) Regulations 2002

(R & O 138/2002 - in force 1.1.2003)

These Regulations put into effect the transfer of assets, rights and liabilities envisaged in the Telecommunications (Jersey) Law 2002.

(r) Island Planning (Exempt Operations) (Jersey) Regulations 2002

(R & O 141/2002 - in force 27.11.2002)

The purpose of these Regulations is to provide that certain operations on land shall not be deemed for the purposes of the Island Planning (Jersey) Law 1964 to involve development.

(s) Hire Cars (No. 12) (Jersey) Regulations 2002

(R & O 159/2002 - in force 1.1.2003)

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

(t) Health Insurance (Medical Benefit) (Amendment No. 57) (Jersey) Regulations 2002

(R & O 166/2002 - in force 1.1.2003)

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.

(u) Family Allowances (Jersey) Regulations 2002

(R & O 167/2002 - in force 7.1.2003)

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 7th January 2003.

(v) Public Employees (Contributory Retirement Scheme) (Amendment No. 17) (Jersey) Regulations 2002

(R & O 168/2002 - in force 1.1.2003)

Public Employees (Contributory Retirement Scheme) (General) (Amendment No. 8) (Jersey) Regulations 2002

(R & O 171/2002 - in force 1.1.2003)

Public Employees (Contributory Retirement Scheme) (Existing Members) (Amendment No. 6) (Jersey) Regulations 2002

(R & O 169/2002 - in force 1.1.2003)

Public Employees (Contributory Retirement Scheme) (New Members) (Amendment No. 8) (Jersey) Regulations 2002

(R & O 172/2002 - in force 1.1.2003)

Public Employees (Contributory Retirement Scheme) (FormerHospitalScheme) (Amendment No. 4) (Jersey) Regulations 2002

(R & O 170/2002 - in force 1.1.2003)

The effect of this group of amending Regulations is to introduce revised pension arrangements under the Public Employees Contributory Retirement Scheme for members of the States of Jersey Ambulance Service.

(w) Boats and Surf-Riding (Control) (Amendment No. 24) (Jersey) Regulations 2002

(R & O 174/2002 - in force 1.1.2003)

These Regulations increase certain fees payable under the Boats and Surf-Riding (Control) (Jersey) Regulations 1969.

(x) Harbours (Amendment No. 35) (Jersey) Regulations 2002

(R & O 175/2002 - in force 1.1.2003)

These Regulations increase the charges that may be levied for flats, trailers, containers, equipment, vehicles and other goods that remain on a harbour in excess of the periods specified in Part 1 of the First Schedule to the Harbours (Jersey) Regulations 1962.

5. OTHER SUBORDINATE LEGISLATION OF NOTE

(a) Community Provisions (Zimbabwe- Restrictive Measures) (No. 3) (Jersey) Order 2002

(R & O 118/2002 - in force 10.10.2002)

The purpose of this Order is to replace the Community Provisions (Zimbabwe - Restrictive Measures) (No. 2) (Jersey) Order 2002 (R&O 81/2002) 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. This new Order is in identical terms save that it extends the list of persons, entities and bodies to whom no funds, financial assets or economic resources shall be made available.

(b) States Reform: Reorganization of Committees (Transitional Arrangements) (Jersey) Act 2002

(R & O 120/2002 - in force 12.11.2002)

The purpose of this Order is to give legal effect to a decision of the States of 24th July 2002 to rationalize the Committee structure to aid the transition to the ministerial system.

(R & O 131/2002 - in force 24.10.2002)

The Order prohibits the direct or indirect supply to Somaliaof technical advice, financial or other assistance, and training related to military activities. It gives effect in Jerseyto the decision of the Security Council of the United Nations in Resolution No. 1425 of 22nd July 2002.

Return to Contents

Page last updated 05 May 2006

Articles and Papers

Reports