Jersey & Guernsey Law Review – February 2009

SUMMARY OF JERSEY LEGISLATION

1 September – 31 December 2008

1. LAWS ADOPTED BY THE STATES

(a) Supply of Goods and Services (Jersey) Law 200-
(P.77/2008—adopted in 3rd reading, 8.9.08)

This Law partially codifies and revises the rights and remedies available in respect of a contract for the sale or supply of goods or services.

(b) Mental Health (Amendment No. 2) (Jersey) Law 200-
(P.83/2008—adopted in 3rd reading, 8.9.08)

This Law enables the Minister for Health and Social Services to set remuneration for tribunal members by decision rather than by Order.

This Law provides additional powers for the Honorary Police of one parish to exercise powers in and provide assistance to the Honorary Police of another parish.

(d) Criminal Procedure (Connétables and Centeniers) (Amendment) (Jersey) Law 200-
(P.118/2008—adopted in 3rd reading, 12.9.08)

This Law enables a Centenier from one parish, when so authorized, to charge, grant bail to, and present offenders in respect of offences committed in another parish.

(e) Financial Services Commission (Amendment No. 5) (Jersey) Law 200-
(P.120/2008—adopted in 3rd reading 12.9.08)

This Law extends supervisory powers under the Financial Services (Jersey) Law 1998 to certificate holders under the Collective Investment Funds (Jersey) Law 1988.

(f) Terrorism (Amendment No. 3) (Jersey) Law 200-
(P.124/2008—adopted in 3rd reading 12.9.08)

This Law amends various definitions connected with the detection of terrorist financing offences.

(g) Drug Trafficking Offences (Amendment No. 2) (Jersey) Law 200-
(P.125/2008—adopted in 3rd reading 12.9.08)

This Law makes various amendments connected with the detection of drug trafficking finance offences.

(h) Proceeds of Crime (Amendment No. 2) (Jersey) Law 200-
(P.126/2008—adopted in 3rd reading 12.9.08)

This Law makes various amendments connected with the detection of money laundering.

(i) Financial Regulation (Miscellaneous Provisions) (Jersey) Law 200-
(P.123/2008—adopted in 3rd reading 12.9.08)

This Law amends 4 financial services regulatory Laws regarding the disclosure of information concerning businesses and also makes miscellaneous small amendments that are either corrective or part of the general maintenance of the Laws.

(j) States of Jersey (Amendment No. 5) Law 200-
(P.122/2008—adopted in 3rd reading 21.10.08)

This Law makes provision as to the suspension of Ministers, the delegation of functions by Ministers and the remuneration of States members.

(k) Employment (Amendment No. 4) (Jersey) Law 200-
(P.142/2008—adopted in 3rd reading 22.10.08)

This Law extends the Employment Tribunal’s jurisdiction when making awards for unfair dismissal.

(l) Foundations (Jersey) Law 200-
(P.143/2008—adopted in 3rd reading 22.10.08)

This Law provides for the establishment of foundations, being a new form of body corporate which does not have shareholders and which is governed by a council in accordance with the foundation’s charter and regulations.

(m) Finance (2009 Budget) (Jersey) Law 200-
(P.159/2008—adopted in 3rd reading 3.12.08)

This Law sets the rates of income tax, excise duties and stamp duties for 2009.

(n) Income Tax (Amendment No. 31) (Jersey) Law 200-
(P.160/2008—adopted in 3rd reading 3.12.08)

This Law alters the rules in respect of tax relief for pension contributions, increases certain tax exemption thresholds and increases certain penalties for offences under the Income Tax (Jersey) Law 1961.

(o) Firearms (Amendment No. 2) (Jersey) Law 200-
(P.162/2008—adopted in 3rd reading 3.12.08)

This Law makes further provision as to the requirements for and grant of firearms certificates and hunting licences.

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

(a) Centeniers (Terms of Office)(Jersey) Law 2008
(L.34/2008—registered 24.10.08: in force 31.10.08)

(b) Civil Aviation (Jersey) Law 2008
(L.35/2008—registered 24.10.08: in force 1.1.09)

(c) Goods and Services Tax (Amendment) (Jersey) Law 2008
(L.36/2008—registered 24.10.08: in force 12.3.08, by acte opératoire)

(d) Legitimacy (Amendment) (Jersey) Law 2008
(L.37/2008—registered 24.10.08: in force 31.10.08)

(e) Marriage and Civil Status (Amendment No. 2) (Jersey) Law 2008
(L.38/2008—registered 24.10.08: in force 31.10.08)

(f) Public Elections (Amendment No. 3) (Jersey) Law 2008
(L.39/2008—registered 24.10.08: in force 31.10.08)

(g) Finance (Jersey) Law 2008
(L.40/2008—registered 14.11.08: in force 1.1.08, by acte opératoire)

(h) Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008
(L.41/2008—registered 14.11.08: in force 21.11.08)

(i) Customs and Excise (Amendment No. 5) (Jersey) Law 2008
(L.42/2008—registered 14.11.08: in force 6.5.08, by acte opératoire)

(j) Howard Davis Farm (Abrogation of Covenant) (Jersey) Law 2008
(L.43/2008—registered 14.11.08: in force 21.11.08)

(k) The Air Navigation (Jersey) Order 2008
(L.44/2008—registered 14.11.08: in force 1.1.09)

3. APPOINTED DAY ACTS

(a) Water Resources (Jersey) Law 2007 (Appointed Day) Act 2008
(R&O.110/2008—in force 9.9.08)

Law brought into force on 1st January 2009, except art 11 and para of Schedule 4 brought into force on 1st January 2010.

(b) Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008 (Appointed Day) Act 2008
(R&O.115/2008—in force 12.9.08)

Whole Law brought into force on 19th September 2008.

Whole Law brought into force on 29th October 2008.

(d) Civil Aviation (Jersey) Law 2008 (Appointed Day) Act 2008
(R&O.158/2008—in force 3.12.08)

Whole Law brought into force on 1st January 2009.

4. REGULATIONS MADE BY THE STATES

(a) Sea Fisheries (Inshore Trawling, Netting and Dredging) (Amendment) (Jersey) Regulations 2008
(R&O.108/2008—in force 15.9.08)

These Regulations introduce restrictions on the setting of nets on beaches.

(b) European Communities Legislation (Bluetongue) (Jersey) Regulations 2008
(R&O.109/2008—in force 8.9.08)

These Regulations confer powers on the Minister for Planning and Environment to take measures to prevent the introduction and spread of, and detect the presence of, bluetongue.

These Regulations update the list in the Proceeds of Crime (Jersey) Law 1999 of businesses regulated by the Jersey Financial Services Commission under financial services legislation, having regard to the enactment of the Money Laundering (Jersey) Order 2008.

(d) Proceeds of Crime (Supervisory Bodies) (Amendment of Law) (Jersey) Regulations 2008
(R&O.114/2008—in force 19.9.08)

These Regulations amend definitions so as to revise the application of the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008 to collective investment funds, specifically, to unregulated funds and unclassified funds.

(e) Police Procedures and Criminal Evidence (Amendment of Schedule 1) (No. 1) (Jersey) Regulations 2008
(R&O.119/2008—in force 30.9.08)

These Regulations add to the list of offences that are “serious offences” for the purposes of the Police Procedures and Criminal Evidence (Jersey) Law 2003.

(f) Companies (Annual Returns—Additional Charge) (Jersey) Regulations 2008
(R&O.120/2008—in force 30.9.08)

These Regulations impose a fee, to be remitted to the Treasurer of the States, payable on the filing of an annual return by a company.

(g) Policing of Parks (Amendment) (Jersey) Regulations 2008
(R&O.131/2008—in force 28.10.08)

These Regulations designate the Weighbridge area as a park.

(h) Income Support (Special Payments) (Cold Weather Payments) (Amendment) (Jersey) Regulations 2008
(R&O.133/2008—in force 1.1.09)

These Regulations give effect to a new formula for the calculation of cold weather payments.

(i) States of Jersey (Powers, Privileges and Immunities) (Scrutiny Panels, PAC and PPC) (Amendment) (Jersey) Regulations 2008
(R&O.134/2008—in force 29.10.08)

These Regulations confers civil and criminal immunity on an advisor to a committee or panel established by standing orders of the States of Jersey, when that person is asking questions of persons appearing before the committee or panel.

(j) Boats and Surf-Riding (Control) (Amendment No. 28) (Jersey) Regulations 2008
(R&O.136/2008—in force 1.1.09)

These Regulations increase fees payable for registration of certain boats and sail boards.

(k) Food Costs (Offset of Average GST) Bonus (Amendment) (Jersey) Regulations 2008
(R&O.155/2008—in force 1.3.09)

These Regulations increase the food costs bonus and enable an application for it to be made at any time during the year.

(l) Income Support (Amendment No. 3) (Jersey) Regulations 2008
(R&O.156/2008—in force 1.2.09)

These Regulations increase certain income support components.

(m) Collective Investment Funds (Recognized Funds) (Actions for Damages) (Jersey) Regulations 2008
(R&O.157/2008—in force 10.12.08)

These Regulations specify provisions of the Collective Investment Funds (Jersey) Law 1988, non-compliance with which gives right to a civil right of action for a person suffering loss by reason of the non-compliance.

5. OTHER SUBORDINATE LEGISLATION OF NOTE

(a) Money Laundering (Amendment No. 2) (Jersey) Order 2008
(R&O.142/2008—in force 7.11.08)

This Order makes numerous amendments to the Money Laundering (Jersey) Order 2008, broadening the circumstances in which measures must be taken to both detect and prevent money laundering.

Page last updated 22 Mar 2010