Jersey & Guernsey Law Review – February 2008

SUMMARY OF LEGISLATION FOR THE BAILIWICK OF GUERNSEY

1ST SEPTEMBER – 31ST DECEMBER 2007

A GUERNSEY

1. LAWS APPROVED BY THE STATES OF DELIBERATION

(a) Cash Controls (Bailiwick of Guernsey) Law, 2007 (Billet d’État No. XX of 2007. Approved 26.09.07)

This Law makes provision prohibiting the carrying of cash, in an amount in excess of the specified amount (£10,000), into or out of the Bailiwick unless certain conditions are satisfied - for example where an individual completes a cash control declaration.

(b) Income Tax (Zero 10) (Guernsey) Law, 2007 (Billet d’État No. XX of 2007. Approved 26.09.07 - in force 01.01.08)

This Law makes amendments to the Income Tax (Guernsey) Law, 1975 in order to implement a revised system of individual and corporate taxation, in respect of Guernsey and Alderney, with effect from 1 January 2008.

This Law amends the Reform (Guernsey) Law, 1948 in order to lower the age at which electors may vote from 18 to 16 years.

(d) Evidence in Civil Proceedings (Bailiwick of Guernsey) Law, 2007 (Billet d’État No. XXIV of 2007. Approved 29.11.07)

This Law makes reforms concerning the law of evidence in civil proceedings. In particular it makes provision relating to hearsay evidence, privilege, the use of criminal convictions as evidence in civil proceedings, the proof and use of statements contained in documents and official records, the admissibility of the Ogden Tables, experts reports and oral expert evidence, the admissibility of expert opinion and expressions of non-expert opinion and evidence of foreign law.

(e) Guernsey Bar (Bailiwick of Guernsey) Law, 2007 (Billet d’État No. XXVI of 2007. Approved 12.12.07)

This Law makes provision for the regulation of members of the Guernsey Bar. It provides for the incorporation and membership of the Guernsey Bar and requires Her Majesty's Greffier to establish and maintain a Register of Advocates. Provisions of the Law deal with disciplinary matters relating to Advocates and proceedings before la chambre de disciplicine.

(f) Protection of Investors (Bailiwick of Guernsey) Law, 2007 (Billet d’État No. XXVI of 2007. Approved 12.12.07)

This Law makes various amendments to the Protection of Investors (Bailiwick of Guernsey) Law, 1987. In particular, it inserts additional provisions into the Law of 1987 enabling the Guernsey Financial Services Commission to investigate and intervene in, and administer, the affairs of licensees and others under the Law, requiring the Commission to give notice of certain proposed decisions to persons likely to be affected by those decisions and amending the grounds upon which appeals may be made and the constitution of the Royal Court for the purposes of appeals, and the hearing of appeals, against decisions of the Commission. The amendments insert provisions creating investigatory powers, exercisable by Her Majesty's Procureur, in connection with allegations of any criminal offence involving market abuse. The Law also replaces a Schedule to the Law of 1987 which provides for the minimum criteria for licensing businesses under the Law.

(g) Company Securities (Insider Dealing) (Bailiwick of Guernsey) (Amendment) Law, 2007 (Billet d’État No. XXVI of 2007. Approved 12.12.07)

This Law amends the Company Securities (Insider Dealing) (Bailiwick of Guernsey) (Amendment) Law, 1996 by inserting provisions enabling the Law to be amended by Ordinance of the States of Deliberation.

(h) Income Tax (Zero 10) (Guernsey) (No. 2) Law, 2007 (Billet d'État No. XXVIII of 2007. Approved 12.12.07 - in force 01.01.08)

This Law makes further fundamental amendments to the Income Tax (Guernsey) Law, 1975 in order to implement a revised system of individual and corporate taxation, in respect of Guernsey and Alderney, with effect from 1 January 2008.

2. ORDINANCES APPROVED BY THE STATES OF DELIBERATION

(a) Social Security (Reciprocal Agreement with Ireland) (Amendment) Ordinance, 2007 (Billet d’État No. XX of 2007. Approved 26.09.07 - in force 26.09.07)

This Ordinance made under the Social Insurance (Guernsey) Law, 1978 amends the Social Security (Reciprocal Agreement with Ireland) Ordinance, 2007.

(b) The Land Planning and Development (General Provisions) Ordinance, 2007 (Billet d’État No. XX of 2007. Approved 26.09.07 - to come into force on the same day as the Land Planning and Development (Guernsey) Law, 2007 - date unknown at date of publication)

This Ordinance contains provision extending the definition of "development" for the purposes of the Land Planning and Development (Guernsey) Law, 2007, providing for applications for planning permission under the Law and prescribing the information which must be contained on the register to be maintained by the Environment Department under the Law, and the publicity that must be given to planning applications. The Ordinance also provides for the general material considerations to which the Department is to have regard in determining an application for planning permission, additional material planning considerations, the conditions which the Department may impose upon the grant of an application for planning permission, reserved matters and the notification of the determination of applications for planning permission by the Department.

(c) The Land Planning and Development (Plans) Ordinance, 2007 (Billet d’État No. XX of 2007. Approved 26.09.07 - to come into force on the same day as the Land Planning and Development (Guernsey) Law, 2007 - date unknown at date of publication)

This Ordinance contains provisions which have effect whenever there are proposals, under the Land Planning and Development (Guernsey) Law, 2007, for the designation of conservation areas, the preparation or amendment of a draft Plan, Local Planning Brief or Development Plan, the appointment of an inspector to conduct an inquiry into any proposals and the approval of proposals and review of Plans and Local Planning Briefs.

(d) The Land Planning and Development (Exemptions) Ordinance, 2007 (Billet d’État No. XX of 2007. Approved 26.09.07 - to come into force on the same day as the Land Planning and Development (Guernsey) Law, 2007 - date unknown at date of publication)

This Ordinance specifies those developments for which planning permission, under the Land Planning and Development (Guernsey) Law, 2007, for the carrying out of any development is not required.

(e) The Land Planning and Development (Environmental Impact Assessment) Ordinance, 2007 (Billet d’État No. XX of 2007. Approved 26.09.07 - to come into force on the same day as the Land Planning and Development (Guernsey) Law, 2007 - date unknown at date of publication)

This Ordinance provides for the circumstances in which the Environment Department and the Planning Tribunal may not grant a planning permission, under the Land Planning and Development (Guernsey) Law, 2007, without there first having been carried out an Environmental Impact Assessment.

(f) The Land Planning and Development (Special Controls) Ordinance, 2007 (Billet d’État No. XX of 2007. Approved 26.09.07 - to come into force on the same day as the Land Planning and Development (Guernsey) Law, 2007 - date unknown at date of publication)

This Ordinance provides for the special controls that apply, under the Land Planning and Development (Guernsey) Law, 2007, in respect of protected buildings and protected monuments. The Ordinance also makes provision for tree protection orders and appeals against listings.

(g) The Land Planning and Development (Use Classes) Ordinance, 2007 (Billet d’État No. XX of 2007. Approved 26.09.07 - to come into force on the same day as the Land Planning and Development (Guernsey) Law, 2007 - date unknown at date of publication)

This Ordinance prescribes use classes for the purposes of the Land Planning and Development (Guernsey) Law, 2007.

(h) The Land Planning and Development (Enforcement) Ordinance, 2007 (Billet d’État No. XX of 2007. Approved 26.09.07 - to come into force on the same day as the Land Planning and Development (Guernsey) Law, 2007 - date unknown at date of publication)

This Ordinance makes provision relating to enforcement of the terms and conditions of planning permissions, and building regulations requirements, under the Land Planning and Development (Guernsey) Law, 2007.

(i) The Land Planning and Development (Appeals) Ordinance, 2007 (Billet d’État No. XX of 2007. Approved 26.09.07 - to come into force on the same day as the Land Planning and Development (Guernsey) Law, 2007 - date unknown at date of publication)

This Ordinance provides for the making of appeals to the Planning Tribunal against compliance and completion notices issued by the Environment Department under the Land Planning and Development (Guernsey) Law, 2007.

(j) The Land Planning and Development (Application to Herm and Jethou) Ordinance, 2007 (Billet d’État No. XX of 2007. Approved 26.09.07 - to come into force on the same day as the Land Planning and Development (Guernsey) Law, 2007 - date unknown at date of publication)

This Ordinance extends the provisions of the Land Planning and Development (Guernsey) Law, 2007 to Herm and Jethou subject to certain exceptions, adaptations and modifications.

(k) The Land Planning and Development (Guernsey) Law, 2005 (Savings and Transitional Provisions) Ordinance, 2007 (Billet d’État No. XX of 2007. Approved 26.09.07 - to come into force on the same day as the Land Planning and Development (Guernsey) Law, 2007 - date unknown at date of publication)

This Ordinance prescribes savings and transitional provisions that have effect upon the bringing into force of the Land Planning and Development (Guernsey) Law, 2007.

(l) Taxation of Real Property (Guernsey and Alderney) Ordinance, 2007 (Billet d’État No. XXII of 2007. Approved 31.10.07 in force on 1.01.08)

This Ordinance repeals the Tax on Rateable Values (Guernsey) Law, 1976 and makes provision for property tax payable in respect of real property in Guernsey, Alderney and Herm. The Ordinance includes provisions establishing a Property Tax Register and the Tax on Real Property Appeals Tribunal.

(m) Traffic Offences (Fixed Penalties) (Amendment) Ordinance, 2007 (Billet d’État No. XXII of 2007. Approved 31.10.07 - in force on 31.10.07)

This Ordinance amends Schedule 1 to the Traffic Offences (Fixed Penalties) Ordinance, 1989 by inserting a prohibition on parking at the Beau Sejour Estate.

(n) Criminal Justice (Community Service Orders) (Bailiwick of Guernsey) (Amendment) Ordinance, 2007 (Billet d’État No. XXIV of 2007. Approved 29.11.07 - in force 28.11.07)

This Ordinance amends the Criminal Justice (Community Service Orders) (Bailiwick of Guernsey) Law, 2006 by revising the provisions of the Law relating to the variation and revocation of community service orders.

(o) Document Duty (Amendment) Ordinance, 2007 (Billet d’État No. XXIV of 2007. Approved 29.11.07 - in force 1.01.08)

This Ordinance amends Schedule 1 to the Document Duty Ordinance, 2003 by increasing the amount of duty payable, upon the registration of an annual return of a Guernsey limited liability company, to £250.

(p) Attendance and Invalid Care Allowances Ordinance, 2007 (Billet d’État No. XXIV of 2007. Approved 29.11.07 - in force 7.01.08)

This Ordinance contains provisions relating to allowances and entitlement to attendance allowance under the Attendance and Invalid Care Allowances (Guernsey) Law, 1984.

(q) Family Allowances Ordinance, 2007 (Billet d’État No. XXIV of 2007. Approved 29.11.07 - in force 7.01.08)

This Ordinance prescribes the amount of allowance for the purposes of the Family Allowances (Guernsey) Law, 1950.

(r) Long-Term Care Insurance (Guernsey) (Annual Grant and Rates) Ordinance, 2007 (Billet d’État No. XXIV of 2007. Approved 29.11.07 - in force 7.01.08)

This Ordinance specifies the percentage of the States Long-term Care Insurance Annual Grant, rates of benefits and co-payment contributions for the purposes of the Long-Term Care Insurance (Guernsey) Law, 2002.

(s) Health Service (Benefit) (Annual Grant and Amendment) Ordinance, 2007 (Billet d’État No. XXIV of 2007. Approved 29.11.07 - in force 01.01.08)

This Ordinance specifies the percentage of the States Health Service Annual Grant for the purposes of the Health Service (Benefit) (Guernsey) Law, 1990 and amends Schedule 1 to the Health Service (Benefit) Ordinance, 1990 (which prescribes the amount of prescription charges).

(t) Social Insurance (Rates of Contributions and Benefits, etc.) (Amendment) Ordinance, 2007 (Billet d’État No. XXIV of 2007. Approved 29.11.07 - in force 07.01.08)

This Ordinance amends the Social Insurance (Guernsey) Law, 1978 by inserting provisions relating to upper earnings limits for primary Class 1 contributions. It also includes provisions prescribing the percentage rates of social insurance contributions, upper and lower earnings limits and rates of benefit and specifying percentages for the purposes of the Guernsey Health Service Fund Allocation and the Long-term Care Insurance Fund Allocation.

(u) Supplementary Benefit (Implementation) (Amendment) Ordinance, 2007 (Billet d’État No. XXIV of 2007. Approved 29.11.07 - in force 11.01.08)

This Ordinance amends the Supplementary Benefit (Implementation) Ordinance, 1971 and, in particular, amends the First Schedule to the Ordinance which sets out limitations upon weekly benefits and prescribes weekly requirements for the purposes of the Supplementary Benefit (Guernsey) Law, 1971.

(v) Terrorism and Crime (Bailiwick of Guernsey) (Amendment) Ordinance, 2007 (Billet d’État No. XXVI of 2007. Approved 12.12.07 - in force 15.12.07)

This Ordinance amends the Terrorism and Crime (Bailiwick of Guernsey) Law, 2002. The amendments relate primarily to the provisions of the Law concerning the disclosure of information relating to terrorist financing by those involved in business.

(w) Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) (Amendment) Ordinance, 2007 (Billet d’État No. XXVI of 2007. Approved 12.12.07 - in force 3.12.07)

This Ordinance makes amendments to the Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999.

(x) Customs and Excise (General Provisions) (Amendment) Ordinance, 2007 (Billet d’État No. XXVI of 2007. Approved 12.12.07 - in force 01.01.08)

This Ordinance amends the Fourth Schedule to the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law, 1972. The Schedule prescribes the goods that are liable to excise duty and rates of excise duty.

(y) Housing (Control of Occupation) (Amendment of Housing Register) Ordinance, 2007 (Billet d’État No. XXVI of 2007. Approved 12.12.07 - in force 12.12.07)

This Ordinance makes provision permitting the inscription of certain dwellings in Part A of the Housing Register for the purposes of the Housing (Control of Occupation) (Guernsey) law, 1994.

(z) Elections Ordinance, 2007 (Billet d’État No. XXVI of 2007. Approved 12.12.07 - in force 31.01.08)

This Ordinance makes provision for a General Election of People's Deputies to be held on 23 April 2008.

3. ORDINANCES, SUBORDINATE LEGISLATION ETC. LAID BEFORE THE STATES OF DELIBERATION

(a) The Limited Partnerships (Guernsey) (Amendment) Law, 2006, (Commencement) Ordinance, 2007 (Billet d’État No. XX of 2007. Made by Legislation Select Committee - in force 02.07.07 and laid on 26.09.07)

This Ordinance brings the Limited Partnerships (Guernsey) (Amendment) Law, 2006 into force on 2 July 2007.

(b) The Iran (Restrictive Measures) (Guernsey) Ordinance, 2007 (Billet d’État No. XX of 2007. Made by Legislation Select Committee - in force 08.08.07 and laid before the States on 26.09.07)

This Ordinance made under the European Communities (Implementation) (Bailiwick of Guernsey) Law, 1994 gives effect in Guernsey to Council Regulation (EC) No. 423/2007 of 19 April 2007.

(c) Health Service (Benefit) (Limited List) (Pharmaceutical Benefit) (Amendment No.5) Regulations, 2007 (Billet d’État No. XX of 2007. Made by Social Security Department - in force 01.08.07 and laid on 26.09.07)

These Regulations add to a limited list of drugs and medicines available as pharmaceutical benefit, which may be ordered to be supplied by medical prescriptions issued by medical practitioners or dentists.

(d) The Social Insurance (Classification) (Amendment) (Guernsey) Regulations, 2007 (Billet d’État No. XXIV of 2007. Made by Social Security Department - in force 03.10.07 and laid on 29.11.07)

These Regulations amend the Social Insurance (Classification) (Guernsey) Regulations, 1978 to enable the Social Security Department to treat persons for classification purposes, in appropriate circumstances, as insured persons who are concurrently employed and self employed.

(e) The Social Insurance (Contributions) (Amendment) (Guernsey) Regulations, 2007 (Billet d’État No. XXIV of 2007. Made by Social Security Department - in force 03.10.07 and laid on 29.11.07)

These Regulations amend the Social Insurance (Contributions) (Guernsey) Regulations, 2000 and provide a mechanism for the payment of primary Class 1 and Class 2 contributions by persons who are treated as both employed persons and self-employed persons under the Social Insurance (Classification) (Guernsey) Regulations, 1978, for the purposes of liability to pay contributions.

4. LAWS, ORDERS IN COUNCIL, ETC. REGISTERED IN THE ROYAL COURT OF GUERNSEY

(a) The Mansell Trust (Guernsey) Law, 2007 (Billet d’État No. XI of 2006 - registered 01.10.07. In force 29.10.07)

(b) Convention on Social Security Between The Government of The United Kingdom of Great Britain and Northern Ireland and the Government of Ireland and Exchange of Notes dated 3 July 2007 - registered 01.10.07

(b) Criminal Justice (Community Service Orders) (Bailiwick of Guernsey) Law, 2006 (Billet d’État No. XXI of 2006 - registered 29.10.07. In force 29.10.07)

(c) Export Control (Bailiwick of Guernsey) Law, 2006 (Billet d’État No. XII of 2006 - registered 29.10.07. In force on day to be appointed by Order)

(d) Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) (Amendment) Law, 2007 (Billet d’État No. XVI of 2007 - registered 03.12.07. In force 03.12.07)

(e) Disclosure (Bailiwick of Guernsey) Law, 2007 (Billet d’État No. XIV of 2007 - registered 03.12.07. In force on 17.12.07)

(f) Drug Trafficking (Bailiwick of Guernsey) (Amendment) Law, 2007 (Billet d’État No. XVI of 2007 - registered 03.12.07. In force 03.12.07)

(g) Social Insurance (Guernsey) (Amendment) Law, 2006 (Billet d’État No. XXI of 2006 - registered 18.12.07). In force 24.12.07)

(h) Motor Taxation and Licensing (Guernsey) (Amendment) Law, 2007 (Billet d’État No. XIV of 2007 - registered 18.12.07. In force 01.01.08

(i) Reform (Guernsey) (Amendment) Law, 2007 (Billet d’État No. XXII of 2007 - registered 18.12.07. In force 18.12.07)

(j) Police Property and Forfeiture (Bailiwick of Guernsey) Law, 2006 - registered 18.12.07. In force on day to be appointed by Ordinance

(k) Income Tax (Guernsey) (Amendment) Law, 2007 (Billet d’État No. XVI of 2007 - registered 18.12.07. In force 27.06.07 by virtue of Taxes and Duties (Provisional Effect) (Guernsey) Law, 1992)

5. RULES OF COURT

(a) The Royal Court (Costs and Fees) (Amendment) Rules, 2007. (Made 01.10.07. In force 01.11.07)

These Rules amend the Schedule to the Royal Court (Costs and Fees) Rules, 2000 and provide revised fees and costs payable in respect of proceedings before the Royal Court.

(b) The Magistrate’s Court (Fees) (Amendment) Rules, 2007. (Made 01.10.07. In force 01.11.07)

These Rules amend the Schedule to the Magistrate’s Court (Fees) Rules, 1981 and provide for revised fees payable in civil proceedings before the Magistrate's Court.

These Rules repeal the Royal Court Civil Rules, 1989 and replace them with new rules governing practice and procedure in civil proceedings before the Royal Court.

B ALDERNEY

1. LAWS APPROVED BY THE STATES OF ALDERNEY

No Laws were approved by the States of Alderney during the period under review.

2. ORDINANCES APPROVED BY THE STATES OF ALDERNEY

(a) The States Water Supply (Rates of Charge) (Alderney) Ordinance, 2007 (Billet d’État 19.09.07. Approved on 19.09.07 - in force 02.08.07)

This Ordinance amends charges for the supply of water under the Alderney Water Supply Law, 1954 with effect from 30 September 2007.

(b) The North Korea (Restrictive Measures) (Alderney) Ordinance, 2007 (Billet d’État 19.09.07. Approved on 19.09.07 - in force 24.07.07)

This Ordinance, made under the European Communities (Implementation) (Bailiwick of Guernsey) Law, 1994, gives effect in Alderney to Council Regulation (EC) No. 329/2007 of 27 March 2007.

(c) The Iran (Restrictive Measures) (Alderney) Ordinance, 2007 (Billet d’État 19.09.07. Approved on 19.09.07 - in force 19.09.07)

This Ordinance, made under the European Communities (Implementation) (Bailiwick of Guernsey) Law, 1994, gives effect in Alderney to Council Regulation (EC) No. 423/2007 of 19 April 2007.

(d) The Occupiers’ Rate (Level for 2008) Ordinance, 2007 (Billet d’État 19.12.07. Approved on 19.12.07 - in force 19.12.07)

This Ordinance makes provision for the rates of Occupiers' Rate to be levied on real property during 2008.

(e) The Fees (Amendment) (Alderney) Ordinance, 2007 (Billet d’État 19.12.07. Approved on 19.12.07 - in force 01.01.08)

This Ordinance substitutes the Schedule to the Fees (Alderney) Ordinance, 2000 with a new Schedule which sets fees payable under various Laws and Ordinances in Aldereny.

(f) The Companies (Alderney) Law (Fees) Ordinance, 2007 (Billet d’État 19.12.07. Approved on 19.12.07 - in force 01.01.08)

This Ordinance amends the fees payable under the Companies (Alderney) Law, 1994.

(g) The New Dwellings Profits Tax (Alderney) (Suspension) Ordinance, 2007 (Billet d’État 19.12.07. Approved on 19.12.07 - in force 19.12.07)

This Ordinances suspends the operation of the New Dwellings Profits Tax (Alderney) Law, 2001

(h) The Alderney eGambling (Amendment) Ordinance, 2007 (Billet d’État 19.12.07. Approved on 19.12.07 - in force 19.12.07)

This Ordinance amends the Alderney eGambling Ordinance, 2006 by inserting provisions requiring licensees and associates to have regard to international measures in respect of money laundering and terrorist financing.

(i) The Building and Development Control (Exemptions) (Alderney) Ordinance, 2007 (Billet d’État 19.12.07. Approved on 19.12.07 - in force 01.01.08)

This Ordinance specifies those developments for which planning permission, under the Building and Development Control (Alderney) Law, 2002, for the carrying out of any development is not required

C SARK

1. LAWS APPROVED BY THE CHIEF PLEAS OF SARK

(a) The Forfeiture of Money, etc. in Civil Proceedings (Bailiwick of Guernsey) Law, 2007
(Approved 03.10.07 - to come into force on day appointed by Ordinance of the States of Deliberation of Guernsey)

This Law was approved by the States of Deliberation of Guernsey on 27 June 2007. See Chapter A 1. (g) of the entries relating to Guernsey for the period 1st May 2007 to 31st August 2007.

2. ORDINANCES APPROVED BY THE CHIEF PLEAS OF SARK

(a) The Real Property (Transfer Tax, Charging and Related Provisions) (Sark) Law, 2007, (Commencement) Ordinance, 2007
(Approved 29.08.07 - to come into force on 01.09.07.)

(b) The Iran (Restrictive Measures) (Sark) Ordinance, 2007
(Made by the General Purposes and Advisory Committee – came into force 23.08.07. Laid before Chief Pleas on 03.10.07.)

This Ordinance, made under the European Communities (Implementation) (Bailiwick of Guernsey) Law, 1994, gives effect in Sark to Council Regulation (EC) No. 423/2007 of 19 April 2007.

This Ordinance made under the Direct Taxes (Sark) Law, 2002 sets rates of property tax and personal capital tax for the year ending 31st December 2008.

Return to Contents

Page last updated 24 Apr 2009

Articles and Papers

Reports