The Jersey Law Review – February 2004

SUMMARY OF LEGISLATION

1ST SEPTEMBER 2003 - 31ST DECEMBER 2003

1. LAWS ADOPTED BY THE STATES

(a) Mental Health (Amendment) (Jersey) Law 200- (P.94/2003 - adopted 9.9.03)

This Law amends the Mental Health (Jersey) Law 1969 so as to ensure that the Law is compliant with the European Convention on Human Rights.

(b) Agricultural Marketing (Amendment No. 7) (Jersey) Law 200- (P.107/2003 - adopted 9.9.03)

This Law amends the Agricultural Marketing (Jersey) Law 1953 so as to confer upon a person on whom a monetary penalty is to be imposed under a scheme a right to be heard and makes contravention of an Order made under that Law an offence.

This Law amends the Protection of Children (Jersey) Law 1994 so as to increase the terms of imprisonment that may be imposed for certain offences.

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

(a) The Democratic Republic of the Congo (United Nations Sanctions) (Channel Islands) Order 2003
(R & O 125/2003 - registered 24.10.03. In force 10.10.03)

(b) Crime and Security (Jersey) Law 2003
(L.32/2003 - registered 7.11.2003. In force 14.11.03)

(d) Jersey Association for Mental Health and Jersey Schizophrenia Fellowship (Integration with Jersey Focus on Mental Health) (Jersey) Law 2003
(L.34/2003 - registered 7.11.2003. In force 14.11.03)

(e) Law Revision (Jersey) Law 2003
(L.35/2003 - registered 7.11.2003. In force 14.11.03)

(f) Motor Traffic (Third Party Insurance) (Amendment No. 11) (Jersey) Law 2003
(L.36/2003 - registered 7.11.2003. In force 14.11.03)

(g) Motor Vehicle Registration (Amendment No. 2) (Jersey) Law 2003
(L.37/2003 - registered 7.11.2003. In force 14.11.03)

(h) Opticians (Registration) (Amendment) (Jersey) Law 2003
(L.38/2003 - registered 7.11.2003. In force 14.11.03)

(i) Parish Rate (No. 2) (Jersey) Law 2003
(L.39/2003 - registered 7.11.2003. In force 14.11.03)

(j) Shipping (Amendment) (Jersey) Law 2003
(L.40/2003 - registered 7.11.2003. In force on a day to be appointed by Act of the States)

(k) Water (Amendment No. 2) (Jersey) Law 2003
(L.41/2003 - registered 7.11.2003. Article 3 (part) in force 14.11.03. Remainder in force 1.1.04)

(l) Employment (Jersey) Law 2003
(L.42/2003 - registered 5.12.2003. In force on a day to be appointed by Act of the States)

(m) Matrimonial Causes (Amendment No.11) (Jersey) Law 2003
(L.43/2003 - registered 5.12.2003. In force on a day to be appointed by Act of the States)

(n) Criminal Justice (Suspension of Prison Sentences) (Jersey) Law 2003
(L.44/2003 - registered 5.12.2003. In force 17.12.2003)

3. APPOINTED DAY ACTS

(a) Sea Fisheries (Amendment) (Jersey) Law 2002 (Appointed Day) Act 2003 (R & O 102/2003)
Whole Law brought into force 1.1.2004

4. REGULATIONS MADE BY THE STATES

(a) Public Library (Jersey) Regulations 2003
(R & O 87/2003 - in force 1.10.2003)

These Regulations re-enact and update the rules regarding the running and use of the public library service.

(b) Fish Health (Amendment) (Jersey) Regulations 2003
(R & O 89/2003 - in force 16.9.2003)

These Regulations correct an omission in the Fish Health (Jersey) Regulations 1999 by specifying the relevant Council Directive provisions.

These Regulations increase the fees for the grant and renewal of a licence under the Licensing (Jersey) Law 1974.

(d) Costs in Criminal Cases (Witnesses’ Allowances) (Amendment No.6) (Jersey) Regulations2003
(R & O 94/2003 - in force 1.10.03)

These Regulations increase the allowances payable to witnesses in criminal cases.

(e) Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003
(R & O 103/2003 - in force 1.1.04)

These Regulations specify when licences, permits and other qualifications are required for fishing in Jersey waters and the Bay of Granville and how such requirements are issued.

(f) Sea Fisheries (Underwater Fishing) (Jersey) Regulations 2003
(R & O 104/2003 - in force 1.1.04)

These Regulations restrict underwater fishing for shellfish (other than crabs) to fishing authorized by a permit and fishing for the purpose of scientific research.

(g) Licensing (No.15) (Jersey) Regulations 2003
(R & O 105/2003 - in force 5.11.03)

These Regulations amend the Licensing (Jersey) Law 1974 so as to remove requirements for the Attorney General to be sent copies of certain documents and informed of certain matters.

(h) Policing of Parks (Amendment No.14) (Jersey) Regulations 2003
(R & O 106/2003 - in force 14.10.03)

These Regulations amend the Policing of Parks (Jersey) Regulations 1962 regulating the keeping of boating equipment, the exercising of dogs off the lead and the riding of horses in parks.

(i) Road Traffic (No.54) (Jersey) Regulations 2003
R & O 137/2003 - in force 2.12.03)

These Regulations amend the Road Traffic (Jersey) Law 1956 regarding the period for which a driving licence is issued when renewed.

(j) Road Traffic (No.55) (Jersey) Regulations 2003
(R & O 138/2003 - in force 2.12.03)

These Regulations amend the Road Traffic (Jersey) Law 1956 so as to enable the Home Affairs Committee, when making Orders under the Law, to make different provision for different cases.

(k) Housing (General Provisions) (Amendment No.20) (Jersey) Regulations 2003
(R & O 148/2003 - in force 16.12.03)

These Regulations reduce the residence requirement from 16 to 15 years.

(l) Family Allowances (Jersey) Regulations 2003
(R & O 149/2003 - in force 6.1.04)

These Regulations specify the rates of family allowance payable fro the family allowance year beginning 6th January 2004.

(m) Parish Rate (Administration) (Amendment) (Jersey) Regulations 2003
(R & O 150/2003 - in force 1.1.04)

These Regulations amend the definition “occupier” in the Parish Rate (Administration) (Jersey) Law 2003.

(n) Harbours (Amendment No.36) (Jersey) Regulations 2003
(R & O 151/2003 - in force 1.1.04)

These Regulations increase the daily charges for goods remaining on a harbour.

(o) Boats and Surf-Riding (Control) (Amendment No.25) (Jersey) Regulations 2003
(R & O 152/2003 - in force 1.1.04)

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

(p) Road Traffic (No.56) (Jersey) Regulations 2003
(R & O 153/2003 - in force 16.12.03)

These Regulations widen the circumstances in which the rule relating to the renewal of driving licences introduced by the Road Traffic (No.54) (Jersey) Regulations 2003 applies.

5. OTHER SUBORDINATE LEGISLATION OF NOTE

(a) Transfer of Functions (Economic Development Committee) (Jersey) Act 2003
(R & O 101/2003 - in force 14.10.2003)

This Act transfers functions under financial services legislation from the Finance and Economic Committee to the Economic Development Committee.

(b) Transfer of Functions (Policy and Resources Committee) (Jersey) Act 2003
(R & O 121/2003 - in force 11.11.2003)

This Act transfers functions under legislation regarding diplomatic, consular and similar privileges and immunities from the Finance and Economics Committee to the Policy and Resources Committee.

(c) Community Provisions (Restrictive measures in respect of the Democratic Republic of Congo)(Jersey) Order 2003
(R & O 128/2003 - in force 21.11.03)

This Order gives effect, in Jersey, to Council Regulation (EC) No. 1727/2003 making it an offence to provide financial assistance for the sale, supply, transfer or export of arms and related material to any person in the Democratic Republic of Congo or to provide technical advice, assistance or training related to military activities to any such person or to participate in any such activities..

(d) Community Provisions (Prohibiting the sale, supply and export of certain equipment to, and freezing the funds of certain officials of, Burma/Myanmar) (Amendment) (Jersey) Order 2003
(R & O 129/2003 - in force 21.11.2003)

This Order amends an existing Order so as to substitute the list of officials of Burma/Myanmar whose funds are frozen, update the details of certain competent authorities and introduce a prohibition on the provision of arms related technical assistance to Burma/Myanmar.

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