Jersey & Guernsey Law Review – February 2008

SUMMARY OF LEGISLATION FOR THE BAILIWICK OF JERSEY

1ST SEPTEMBER - 31ST DECEMBER 2007

1. LAWS ADOPTED BY THE STATES

(a) High Hedges (Jersey) Law 200-
(P.51/2007 - adopted in 3rd reading, 26.9.07)

This Law creates a new procedure for dealing with complaints about high hedges.

(b) Public Elections (Amendment No. 2) (Jersey) Law 200-
(P.94/2007 - adopted in 3rd reading 26.9.07)

This Law lowers the age at which a person is entitled to have his or her name included on an electoral register from 18 to 16 years.

This Law amends the Financial Services (Jersey) Law 1998 so as to modernise the market abuse regime and facilitate international co-operation.

(d) Air Transport Permits (Repeal) (Jersey) Law 200-
(P.101/2007 - adopted in 3rd reading 26.9.07)

This Law repeals the Air Transport Permits (Jersey) Law 1998.

(e) States of Jersey (Amendment No. 4) Law 200-
(P.107/2007 - adopted in 3rd reading 26.9.07)

This Law amends the States of Jersey Law 2005 so as to enable more States employees to participate in the political process, such as standing for election to the States.

(f) Criminal Justice (Community Service Orders) (Amendment) (Jersey) Law 200-
(P.110/2007 - adopted in 3rd reading 26.9.07)

This Law increases the number of hours of community service that may be ordered by the Royal Court and make jurisdictional changes regarding reconsideration of a community service order made by the Royal Court.

(g) Police (Complaints and Discipline) (Amendment) (Jersey) Law 200-
(P.116/2007 - adopted in 3rd reading 23.10.07)

This Law makes provision for the procedure for dealing with a minor complaint against an honorary police officer.

(h) Price and Charge Indicators (Jersey) Law 200-
(P.149/2007 - adopted in 3rd reading 7.11.07)

This Law enables the States to make Regulations requiring the indication of prices for goods and charges for services.

(i) Collective Investment Funds (Amendment No. 4) (Jersey) Law 200-
(P.139/2007 - adopted in 3rd reading 7.11.07)

This Law contains provision ancillary to the regulation of collective investment fund functionaries under the Financial Services (Jersey) Law 1998, to update regulatory practices in relation to collective investment funds, in a manner that is consistent with international best practice, and to make procedures under the Collective Investment Funds (Jersey) Law 1988 human rights compliant.

(j) Banking Business (Amendment No. 6) (Jersey) Law 200-
(P.136/2007 - adopted in 3rd reading 7.11.07)

This Law contains provision to update regulatory practices in relation to banking business, in a manner that is consistent with international best practice, and to make procedures under the Banking Business (Jersey) Law 1991 human rights compliant.

(k) Insurance Business (Amendment No. 6) (Jersey) Law 200-
(P.137/2007 - adopted in 3rd reading 7.11.07)

This Law contains provision to update regulatory practices in relation to insurance business, in a manner that is consistent with international best practice, and to make procedures under the Insurance Business (Jersey) Law 1996 human rights compliant.

(l) Financial Services (Amendment No. 4) (Jersey) Law 200-
(P.138/2007 - adopted in 3rd reading 7.11.07)

This Law contains provision to update regulatory practices in relation to financial service business, in a manner that is consistent with international best practice, and to make procedures under the Financial Services (Jersey) Law 1998 human rights compliant.

(m) Criminal Justice (International Co-operation) (Amendment) (Jersey) Law 200-
(P.134/2007 - adopted in 3rd reading 7.11.07)

This Law strengthens the powers and procedures associated with responding to requests for assistance in or connected with criminal proceedings in other countries and territories.

(n) Proceeds of Crime (Amendment) (Jersey) Law 200-
(P.129/2007 - adopted in 3rd reading 7.11.07)

This Law creates new offences connected with a failure to report a suspicion of money laundering and makes new provision for the making of financial information and account monitoring orders and widens the powers to enforce external confiscation orders.

(o) Drug Trafficking (Offences) (Jersey) Law 200-
(P.128/2007 - adopted in 3rd reading 7.11.07)

This Law creates new offences connected with a failure to report a suspicion of laundering money connected with drug trafficking offences and makes new provision for the making of financial information and account monitoring orders and widens the powers to enforce external confiscation orders.

(p) Terrorism (Amendment No. 2) (Jersey) Law 200-
(P.131/2007 - adopted in 3rd reading 7.11.07)

This Law makes further provision regarding the disclosure to or by a police officer regarding terrorist offences for certain purposes and widens the powers to enforce external confiscation orders.

(q) Income Tax (Amendment No. 29) (Jersey) Law 200-
(P.156/2007 - adopted in 3rd reading 20.11.07)

This Law makes new provision for the taxation of the shareholders of certain companies upon all or part of the company’s profits and for the taxation of loans made to shareholders by companies.

(r) Crime (Transnational Organized Crime) (Jersey) Law 200-
(P.132/2007 - adopted in 3rd reading 22.11.07)

This Law makes creates new offences and confers new powers to combat international organized crime, trafficking in persons and smuggling of migrants.

(s) Proceeds of Crime (Cash Seizure) (Jersey) Law 200-
(P.133/2007 - adopted in 3rd reading 22.11.07)

This Law makes new provision for the search for and seizure, detention and forfeiture of cash that is suspected of representing the proceeds of crime or of being intended for use in, or obtained in the course of, criminal activity.

(t) Civil Asset Recovery (International Co-operation) (Jersey) Law 200-
(P.135/2007 - adopted in 3rd reading 22.11.07)

This Law makes new provision enabling Jersey to enforce civil orders made in other countries or territories for the recovery of property, in Jersey, that is connected with criminal activity in the other country or territory.

(u) Marriage and Civil Status (Amendment) (Jersey) Law 200-
(P.120/2007 - adopted in 3rd reading 22.11.07)

This Law removes the prohibition of a marriage between a person and his or her parent-in-law.

(v) Loi (1939) sur les honoraires des Avocats et des Ecrivains (Repeal) (Jersey) Law 200-
(P.126/2007 - adopted in 3rd reading 22.11.07)

This Law repeals the Loi (1939) sur les honoraires des Avocats et des Ecrivains.

(w) Finance (Jersey) Law 200-
(P.165/2007 - adopted in 3rd reading 5.12.07)

This Law sets the standard rate of income tax for 2008 and increases certain stamp duties and excise duty with effect from 1st January 2008.

(x) Income Tax (Amendment No. 30) (Jersey) Law 200-
(P.166/2007 - adopted in 3rd reading 5.12.07)

This Law makes new provision regarding the treatment, under the Income Tax (Jersey) Law 1961, of retirement annuity trust schemes and increases the exemption threshold and child allowance under that Law. The amendments have effect for the year of assessment 2008 onwards.

(y) Public Finances (Amendment No. 2) (Jersey) Law 200-
(P.167/2007 - adopted in 3rd reading 5.12.07)

This Law makes further provision for the procedures for transfers of money to and from the stabilisation fund.

(z) Harbours (Administration) (Amendment No. 7) (Jersey) Law 200-
(P.160/2007 - adopted in 3rd reading 5.12.07)

This Law revises the definition of what constitutes territorial waters for the purposes of the principal Law and enhances the power to regulate boats and surf-riding and the use of services and amenities in the harbour and territorial waters.

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

(a) Departments of the Judiciary and the Legislature (Amendment No. 4) (Jersey) Law 2007
(L.28/2007 - registered 26.10.07. In force 2.11.07)

(b) Water Resources (Jersey) Law 2007
(L.29/2007 - registered 26.10.07. In force on a day to be appointed by Act of the States)

(c) Loi (2007) (Amendement No. 4) sur les teneures en fidéicommis et l’incorporation d’associations
(L.30/2007 - registered 26.10.07. In force 2.11.07)

(d) Prison (Amendment No. 6) (Jersey) Law 2007
(L.31/2007 - registered 26.10.7. In force on a day to be appointed by Act of the States)

(e) Employment (Amendment No. 3) (Jersey) Law 2007
(L.32/2007 - registered 26.10.07. In force 2.11.07)

(f) Financial Services Commission (Amendment No. 4) (Jersey) Law 2007
(L.33/2007 - registered 26.10.07. Articles 1, 8 and 9 in force 2.11.07; remainder in force 24.1.08)

(g) Criminal Justice (Miscellaneous Provisions) (No. 2) (Jersey) Law 2007
(L.34/2007 - registered 26.10.07. In force 2.11.07)

(h) Centeniers (Terms of Office) (Jersey) Law 2007
(L.35/2007 - registered 26.10.07. In force 2.11.07)

(i) Legal Deposit (Jersey) Law 2007
(L.36/2007 - registered 30.11.07. In force on a day to be appointed by Act of the States)

(j) Distance Selling (Jersey) Law 2007
(L.37/2007 - registered 30.11.07. In force on a day to be appointed by Act of the States

(k) Finance (Jersey) Law 2007
(L.38/2007 - registered 21.12.07. In force 1.1.07)

(l) Civil Asset Recovery (International Co-operation) (Jersey) Law 2007
(L.39/2007 - registered 21.12.07. In force 28.12.07)

3. APPOINTED DAY ACTS

(a) Income Support (Jersey) Law 2007 (Appointed Day) Act 2007
(R&O.128/2007 - in force 10.10.07)

The Law (except paragraph 3(b) of Schedule 1) brought into force on 28.1.08.

(b) Employment Relations (Jersey) Law 2007 (Appointed Day) Act 2007
(R&O.134/2007 - in force 23.10.07)

The Law brought into force on 21.1.08.

(c) Employment Relations (Amendment No. 2) (Jersey) Law 2007 (Appointed Day) Act 2007
(R&O.135/2007 - in force 23.10.07)

The Law brought into force on 21.1.08.

(d) Goods and Services Tax (Jersey) Law 2007 (Appointed Day) Act 2007
(R&O.146/2007 - in force 7.11.07)

Administrative provisions of the Law brought into force on 1.1.08; the charge to GST brought into force on 1.5.08.

4. REGULATIONS MADE BY THE STATES

(a) Health Care (Registration) (No. 3) (Jersey) Regulations 2007
(R&O.109/2007 - in force 19.9.07)

These Regulations add to the list of occupations registrable under the Health Care (Registration) (Jersey) Law 1995.

(b) Road Traffic (No. 58) (Jersey) Regulations 2007
(R&O.114/2007 - in force 3.10.07)

These Regulations alter the arrangements for setting speed limits and make provision supplemental to the introduction of the a new driving licence scheme.

These Regulations increase licensing fees from 3rd October 2007.

(d) Public Employees (Contributory Retirement Scheme) (Existing Members) (Amendment No. 9) (Jersey) Regulations 2007
(R&O.116/2007 - in force 3.10.07)

These Regulations make further provision as to what constitutes pensionable salary and pensionable allowances for a States’ employee.

(e) Public Employees (Contributory Retirement Scheme) (New Members) (Amendment No. 12) (Jersey) Regulations 2007
(R&O.117/2007 - in force 3.10.07)

These Regulations make further provision as to what constitutes pensionable salary and pensionable allowances for a States’ employee.

(f) Employment of States of Jersey Employees (Amendment) (Jersey) Regulations 2007
(R&O.118/2007 - in force 3.10.07)

These Regulations provide that the Magistrate is not a States’ employee and make provision as to the remuneration of the Magistrate and Assistant Magistrate.

(g) Employment of States of Jersey Employees (Amendment No. 2) (Jersey) Regulations 2007
(R&O.119/2007 - in force 3.10.07)

These Regulations make provision in relation to the employment of States’ employees who engage in political activities.

(h) Income Support (Jersey) Regulations 2007
(R&O.125/2007 - in force 28.1.08, except Regulation 9 and Schedule 3, in force 1.5.08)

These Regulations prescribe the work requirements for income support and the criteria for entitlement to, and rates of, certain components of income support.

(i) Income Support (Special Payments) (Jersey) Regulations 2007
(R&O.126/2007 - in force 28.1.08)

These Regulations set out the circumstances in which a special payment may be made under the Income Support (Jersey) Law 2007.

(j) Income Support (Consequential Amendments) (Jersey) Regulations 2007
(R&O.127/2007 - in force 28.1.08)

These Regulations amend other enactments consequentially upon the Income Support (Jersey) Law 2007.

(k) Police (Honorary Police Complaints and Discipline Procedure) (Amendment No. 2) (Jersey) Regulations 2007
(R&O.132/2007 - not yet in force)

These Regulations make provision for the informal resolution of a complaint against an honorary police officer.

(l) Goods and Services Tax (Jersey) Regulations 2007
(R&O.133/2007 - Regulation 33 in force 23.10.07; remainder in force 1.1.08)

These Regulations contain detail necessary to the operation of a goods and services tax and amend the Goods and Services Tax (Jersey) Law 2007 in respect of registration of taxable persons, exemptions and zero-rating of supplies.

(m) Financial Services (Amendment of Law) (No. 2) (Jersey) Regulations 2007
(R&O.147/2007 - in force 14.11.07)

These Regulations extend the application of the Financial Services (Jersey) Law 1988 to fund services business.

(n) Corruption (Amendment of Definitions) (Jersey) Regulations 2007
(R&O.148/2007 - in force 14.11.07)

These Regulations amend various definitions in the Corruption (Jersey) Law 2006.

(o) Income Tax (Deemed Dividends) (Jersey) Regulations 2007
(R&O.160/2007 - in force 20.11.07)

These Regulations set the prescribed percentage for the purposes of Article 81D(3)(a) of the Income Tax (Jersey) Law 1961.

(p) Electricity Link with France (Protection of Submarine Cable) (Jersey) Regulations 2007
(R&O.162/2007 - in force 14.12.07)

These Regulations make it an offence to anchor, dredge or trawl within the area of the territorial sea that contains the submarine electricity cable. The Regulations will expire in 3 years.

(q) Community Provisions (Ship and Port Facility - Security) (Amendment) (Jersey) Regulations 2007
(R&O.163/2007 - in force 29.11.07)

These Regulations amend grounds for an objection to an enforcement notice served under the principal Regulations.

(r) Public Library (Jersey) Regulations 2007
(R&O.164/2007 - in force 29.11.07)

These Regulations make fresh provision for the administration of the public library.

(s) States of Jersey (Implementation) (Jersey) Regulations 2007
(R&O.165/2007 - in force 21.1.08)

These Regulations amend the Employment Relations (Jersey) Law 2007 consequentially upon the move from Committee to Ministerial government.

(t) Places of Refreshment (Jersey) Regulations 2007
(R&O.175/2007 - in force 12.12.07)

These Regulations enable the licensing of later opening hours for places of refreshment.

(u) Community Provisions (Wire Transfers) (Amendment) (Jersey) Regulations 2007
(R&O.176/2007 - in force 12.12.07)

These Regulations add regulatory powers and offences to the principal Regulations.

5. OTHER SUBORDINATE LEGISLATION OF NOTE

None.

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