Jersey & Guernsey Law Review – February 2007

SUMMARY OF LEGISLATION FOR THE BAILIWICK OF JERSEY

1ST SEPTEMBER - 31ST DECEMBER 2006

1. LAWS ADOPTED BY THE STATES

(a) Treaty on Open Skies (Privileges and Immunities) (Amendment) (Jersey) Law 200-
(P.73/2006 - adopted 14.09.06)

This Law amends the Treaty on Open Skies (Privileges and Immunities) (Jersey) Law 1993 so as to bring it into force 7 days after the registration of this Law.

(b) Insurance Business (Amendment No. 5) (Jersey) Law 200-
(P.85/2006 - adopted 14.09.06)

This Law expands the power to amend definitions in the Law by Regulations and transfers a function of the Minister for Economic Development, in respect of the transfer of insurance business, to the Jersey Financial Services Commission.

This Law makes provision for certain fines for speeding offences to be applied for the benefit of the parish in which the offence occurred.

(d) Legal Deposit (Jersey) Law 200-
(P.90/2006 - adopted 26.09.06)

This Law requires a person who publishes a work in Jersey to deposit a copy with the Jersey Library.

(e) The Law Society of Jersey (Amendment) Law 200-
(P.96/2006 - adopted 26.09.06)

This Law provides that a person employed in the Law Officers Department is not required to be an ordinary member of the Law Society.

(f) Income Support (Jersey) Law 200-
(P.102/2006 - adopted 10.10.06)

This Law establishes a new low income-related scheme for Jersey which will largely replace existing non-contributory benefits, including parish welfare.

(g) Maintenance Orders (Enforcement) (Amendment No. 2) (Jersey) Law 200-
(P.105/2006 - adopted 26.10.06)

This Law empowers the Royal Court and Petty Debts Court to authorize an arrest of the wages of the payer, on the making of a maintenance order or at any time afterwards.

(h) Lois sur la Société de Bienfaisance de la Marine Marchande de Jersey (Repeals) (Jersey) Law 200-
(P.106/2006 - adopted 26.10.06)

This Law repeals the Laws under which the Merchant Seamen’s Benefit Society was incorporated. The repeal will take effect on the day the Society is re-incorporated under the Loi (1862) sur les teneures en fidéicommis et l’incorporation d’associations.

(i) Weights and Measures (Amendment) (Jersey) Law 200-
(P.103/2006 - adopted 26.10.06)

This Law removes a requirement for certain Orders made under the Weights and Measures (Jersey) Law 1967 to be approved by the States before they are made by the Minister for Economic Development.

(j) Electronic Communications (Amendment) (Jersey) Law 200-
(P.111/2006 - adopted 07.11.06)

This Law enables a States entity to which, by law, written information is to be given or a document produced, to consent to it being given or produced electronically.

(k) Public Employees (Retirement) (Amendment No. 6) (Jersey) Law 200- (P.118/2006 - adopted 07.11.06)

This Law empowers the States to make Regulations for the admission of staff who are not employed by the States to the pension scheme for States employees.

(l) Finance (Jersey) Law 200-
(P.131/2006 - adopted 05.12.06)

This Law sets the standard rate of income tax for 2007 and amends the excise duties in the Customs and Excise (Jersey) Law 1999 and the provisions for the imposition of stamp duty in the Stamp Duties and Fees (Jersey) Law 1998. The Law was given immediate effect by acte opératoire (R&O.134/2006).

(m) Income Tax (Amendment No. 26) (Jersey) Law 200-
(P.132/2006 - adopted 05.12.06)

This Law provides for certain income tax allowances and reliefs to be reduced over the years of assessment 2007 to 2010 and abolished in 2011. The Law was given immediate effect by acte opératoire (R&O.135/2006).

(n) Banking Business (Amendment No. 5) (Jersey) Law 200-
(P.159/2006 - adopted 06.12.06)

This Law amends the definition of “relevant supervisory authority” in the Banking Business (Jersey) Law 1991.

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

(a) Trusts (Amendment No. 4) (Jersey) Law 2006
(L.21/2006 - registered 20.10.06. In force 27.10.06)

(b) Social Security (Television Licence Benefit) (Jersey) Law 2006
(L.22/2006 - registered 20.10.06. In force 27.10.06)

(c) Jersey College for Girls (Removal of Covenants from Former Site) Law 2006
(L.23/2006 - registered 27.10.06. In force 27.10.06)

(d) Restriction on Smoking (Amendment No. 2) (Jersey) Law 2006
(L.24/2006 - registered 17.11.06. In force 23.11.06)

3. APPOINTED DAY ACTS

(a) Customs and Excise (Jersey) Law 1999 (Appointed Day) (No. 2) Act 2006
(R&O.111/2006 - in force 26.10.06)

Article 19 and the repeal, in Part 1 of the Fourth Schedule to the Customs and Excise (Jersey) Law 1999, of the Import and Export (Control) (Jersey) Law 1946, brought into force on 07.12.06.

(b) Consumer Safety (Jersey) Law 2006 (Appointed Day) Act 2006
(R&O.112/2006 - in force 26.10.06)

The Law brought into force on 01.11.06.

Articles 23, 38 and 49, Part 4, Articles 86 to 92 and 112 (so far as it relates to Schedule 11) and paragraphs 3, 13 and 14 of Schedule 11 brought into force on 01.02.07. The remainder of the Law brought into force on 01.11.06.

(d) Administrative Decisions (Review) (Amendment No. 2) (Jersey) Law 2006 (Appointed Day) Act 2006
(R&O.129/2006 - in force 22.11.06)

The Law brought into force on 01.12.06.

(e) Human Rights (Jersey) Law 2000 (Appointed Day) Act 2006
(R&O.130/2006 - in force 22.11.06)

The Law brought into force on 10.12.06.

(f) The Law Society of Jersey Law 2005 (Appointed Day) Act 2006
(R&O.136/2006 - in force 06.12.06)

The Law (other than Article 3(2) and (3)) brought into force on 01.01.07.

(g) Regulation of Investigatory Powers (Jersey) Law 2005 (Appointed Day) Act 2006
(R&O.142/2006 - in force 06.12.06)

The Law brought into force on 10.12.06.

(h) Planning and Building (Jersey) Law 2002 (Appointed Day) (No. 2) Act 2006
(R&O.143/2006 - in force 06.12.06)

Articles 22(1)(b), 109(2)(g) and (h), and 117(1)(h), (2), (3)(b) and (7) of the Law brought into force on 31.03.07.

4. REGULATIONS MADE BY THE STATES

(a) Sea Fisheries (Licensing of Fishing Boats) (Amendment No. 2)(Jersey) Regulations 2006
(R&O.92/2006 - in force 21.09.06)

These Regulations increase the period for which fishing boat licences may be granted from one to two years.

(b) Health Care (Registration) (Jersey) Regulations 2006
(R&O.93/2006 - in force 21.09.06)

These Regulations make the occupation of nurse a registrable occupation under the Health Care (Registration) (Jersey) Law 1995.

These Regulations increase fees payable for a licence issued under the Licensing (Jersey) Law 1974 by 2.5%.

(d) Data Protection (Appeals) (Jersey) Regulations 2006
(R&O.110/2006 - in force 01.11.06)

These Regulations provide for the exercise of rights of appeal under the Data Protection (Jersey) Law 2005 and the practice and procedure of the Data Protection Tribunal.

(e) Waste Management (OECD Revised Decision) (Jersey) Regulations 2006
(R&O.113/2006 - in force 01.11.06)

These Regulations give effect to minor amendments to the Decision of the Council of Ministers of the OECD concerning the control of transfrontier movements of waste.

(f) Housing (General Provisions) (Amendment No. 23) (Jersey) Regulations 2006
(R&O.118/2006 - in force 14.11.06)

These Regulations specify the classes of persons to whom the restriction on occupying land acquired by inheritance applies.

(g) Rates (Apportionment) (Jersey) Regulations 2006
(R&O.119/2006 - in force 14.11.06)

These Regulations specify what proportion of the Annual Island-wide Rates Figure is to be met from the domestic rate and what proportion is to be met from the non-domestic rate.

(h) Restriction on Smoking (Workplaces) (Jersey) Regulations 2006
(R&O.126/2006 - in force 4 a.m. 02.01.07)

These Regulations prohibit smoking in a workplace.

(i) Family Allowances (Jersey) Regulations 2006
(R&O.127/2006 - in force 02.01.07)

These Regulations increase the amount of allowances payable in relation to families with children.

(j) Bankruptcy (Désastre) (Jersey) Regulations 2006
(R&O.128/2006 - in force 29.11.06)

These Regulations provide that a person may retain, or be allowed to retain, certain pension benefits to which the person is entitled, notwithstanding that the person has been made bankrupt.

(k) States of Jersey (Transfer of Functions No. 2) (Planning and Environment to Economic Development) (Jersey) Regulations 2006
(R&O.137/2006 - in force 13.12.06)

These Regulations transfer functions relating to sea fisheries from the Minister for Planning and Environment to the Minister for Economic Development.

(l) Health Insurance (Medical Benefit) (Amendment) (Jersey) Regulations 2006
(R&O.138/2006 - in force 01.01.07)

These Regulations replace the existing rules for assessment of a person’s eligibility for different rates of medical benefit.

(m) Public Employees (Contributory Retirement Scheme) (New Members) (Amendment No. 11) (Jersey) Regulations 2006
(R&O.139/2006 - in force 13.12.06)

These Regulations make provision as to the entitlements under the newer retirement scheme for civil servants where the employee dies whilst on unpaid leave.

(n) Public Employees (Contributory Retirement Scheme) (Existing Members) (Amendment No. 8) (Jersey) Regulations 2006
(R&O.140/2006 - in force 13.12.06)

These Regulations make provision as to the entitlements under the older retirement scheme for civil servants where the employee dies whilst on unpaid leave.

(o) Harbours (Amendment No. 40) (Jersey) Regulations 2006
(R&O.141/2006 - in force 01.01.07)

These Regulations increase the daily fine imposed in respect of goods which remain on a harbour beyond the prescribed period.

(p) European Communities (Accessions) (Jersey) Regulations 2006
(R&O.144/2006 - in force 13.12.06)

These Regulations make local provision to reflect the accession of Bulgaria and Romania to the European Union.

(q) Insurance Business (Amendment) (Jersey) Regulations 2006
(R&O.145/2006 - in force 07.12.06)

These Regulations amend the definition “relevant supervisory authority” in the Insurance Business (Jersey) Law 1996.

5. OTHER SUBORDINATE LEGISLATION OF NOTE

(a) Royal Court (Amendment No. 4) Rules 2006
(R&O.125/2006 - in force 10.12.06)

These Rules make provision for proceedings in the Royal Court under the Human Rights (Jersey) Law 2000.

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Page last updated 26 Jun 2008