The Jersey Law Review - June 2004

SUMMARY OF LEGISLATION

1ST JANUARY 2004 - 30TH APRIL 2004

1. LAWS ADOPTED BY THE STATES

(a) Finance (Jersey) Law 200- (P.191/2003 - adopted 27.1.04)

This Law sets the standard rate of income tax for 2004 and amends the Customs and Excise (Jersey) Law 1999 and the Stamp Duties and Fees (Jersey) Law 1998 so as to increase excise duties and stamp duties.

(b) Income Tax (Amendment No. 23) (Jersey) Law 200- (P.192/2003 - adopted 27.1.04)

This Law amends the Income Tax (Jersey) Law 1961. The principal amendments made are to restrict the relief of tax allowed on interest payments, revise the provisions regarding the late payment surcharge, introduce a penalty for the late submission of a tax return and introduce provision for the withdrawal of approval for pension schemes.

This Law makes new provision to regulate the practice of burial and exhumation, for the designation and regulation of burial grounds and for the movement of bodies in and out of Jersey.

(d) Motor Vehicle Registration (Amendment No. 3) (Jersey) Law 200- (P.195/2003 - adopted 17.2.04)

This Law amends the Motor Vehicle Registration (Jersey) Law 1993 so as to introduce a requirement for the owner of a motor vehicle to notify the inspector of motor vehicles of any change in the use of the vehicle.

(e) Customs and Excise (Amendment No. 2) (Jersey) Law 200- (P.10/2004 - adopted 9.3.04)

This Law amends the Customs and Excise (Jersey) Law 1999 regarding the persons who may execute warrants under Article 51 of that Law.

(f) Police Force (Amendment No. 10) (Jersey) Law 200- (P.9/2004 – adopted 16.3.04)

This Law amends the Police Force (Jersey) Law 1974 so as to substitute the oath of office taken by a person on becoming a member of the States of Jersey Police Force.

(g) Loi (200-) réglant la procédure criminelle (P.13/2004 - adopted 16.3.04)

This Law amends the Loi (1864) réglant la procédure criminelle so as to make it clear that a person summonsed for jury service for an Assize may serve as a juror for more than one trial during the Assize.

(h) Housing (Amendment No. 11) (Jersey) Law 200- (P.34/2004 – adopted 16.3.04)

This Law amends the Housing (Jersey) Law 1949 so as to enable the Housing Committee to vary a housing consent and charge a fee for an application for such a variation.

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

(a) The Merchant Shipping (Oil Pollution Compensation Limits) Order 2003
(R & O 1/2004 - registered 2.1.04. In force 1.11.03. Extended to Jersey 2.1.04)

(b) The Wireless Telegraphy (Jersey) Order 2003
(L.1/2004 - registered 2.1.04. In force 29.12.03)

(d) The Communications (Jersey) Order 2003
(L.3/2004 - registered 2.1.04. Articles 1 to 5 and 7 and Schedule 1 in force 29.12.03. Remainder in force in accordance with Article 1(4))

(e) The Communications Act 2003 (Commencement No.1) Order 2003
(Not published locally, Statutory Instrument 2003 No.1900 - registered 2.1.04)

(f) The Office of Communications Act 2002 (Commencement No.3) and Communications Act 2003 (Commencement No.2) Order 2003
(Not published locally, Statutory Instrument 2003 No.3142 - registered 2.1.04)

(g) Agricultural Marketing (Amendment No.7) (Jersey) Law 2003
(L.4/2004 - registered 9.1.04. In force 16.1.04)

(h) Hire Cars (Repeal) (Jersey) Law 2003
(L.5/2004 - registered 9.1.04. In force 16.1.04)

(i) Protection of Children (Amendment No.3) (Jersey) Law 2004
(L.6/2004 - registered 5.3.04. In force 26.1.04)

(j) The Liberia (United Nations Sanctions) (Channel Islands) Order 2004
(R & O 14/2004 - registered 5.3.04. In force 13.2.04)

(k) The Broadcasting and Communications (Jersey) Order 2004
(L.7/2004 - registered 12.3.04. In force 27.2.04)

(l) The Communications (Television Licensing) Regulations 2004
(R & O 23/2004 - registered 19.3.04. In force 1.4.04)

(m) Mental Health (Amendment) (Jersey) Law 2004
(L.8/2004 - registered 30.4.04. In force on a day to be appointed by Act of the States)

3. APPOINTED DAY ACTS

Fire Service (Amendment No.5) (Jersey) Law 2003 (Appointed Day) Act 2004 (R & O 11/2004 - in force 17.2.04)
Whole Law brought into force 1.3.04

4. REGULATIONS MADE BY THE STATES

(a) Shipping (SOLAS) (Jersey) Regulations 2004
(R & O 9/2004 - will come into force on the same day as the Shipping (Jersey) Law 2002)

These Regulations allow the provisions of the International Convention for Safety of Life at Sea 1974 (the SOLAS Convention) to be implemented in Jersey and in Jersey waters.

(b) Shipping (Load Line) (Jersey) Regulations 2004
(R & O 10/2004 - will come into force on the same day as the Shipping (Jersey) Law 2002)

These Regulations apply the provisions of the International Convention on Load Lines 1966 to all Jersey ships that go to sea, with certain exceptions. They also apply them to all sea-going foreign ships within Jersey waters.

These Regulations add to the definition of “the Treaties” in the European Communities (Jersey) Law 1973 a reference to the Treaty of Athens, a treaty signed on 16th April 2003 concerning the accession of certain States to the European Community.

(d) Health Insurance (Medical Benefit) (Amendment No.58) (Jersey) Regulations 2004
(R & O 16/2004 - in force 10.3.04)

These Regulations increase the amount that can be claimed by recipients of Health Insurance Exception (HIE) when receiving medical services provided by a general practitioner approved under the Health Insurance (Jersey) Law 1967.

(e) Terms of Employment (Jersey) Regulations 2004
(R & O 20/2004 - in force 1.4.04)

These triennial Regulations require an employer to give an employee a written statement of the terms of his or her employment. They re-enact the provisions of the Terms of Employment (Jersey) Regulations 2001, which expired on 31st March 2004.

(f) Shipping (Tonnage) (Jersey) Regulations 2004
(R & O 28/2004 - will come into force on the same day as the Shipping (Jersey) Law 2002)

These Regulations specify how a ship registered in Jersey is to be measured and its net and gross tonnages are to be calculated.

(g) Shipping (Local Small Ships Registration) (Jersey) Regulations 2004
(R & O 29/2004 - will come into force on the same day as Article 13 of the Shipping (Jersey) Law 2002)

These Regulations permit the voluntary registration under the Shipping (Jersey) Law 2002 of ships that are less than 24 meters in length, that are not fishing vessels, that are not registered elsewhere and that are owned by Jersey residents.

(h) Shipping (Registration) (Jersey) Regulations 2004
(R & O 30/2004 - will come into force on the same day as Article 13 of the Shipping (Jersey) Law 2002)

These Regulations provide for the registration of ships in accordance with the Shipping (Jersey) Law 2002. They apply to fishing vessels and to ships, other than fishing vessels, with a gross tonnage of less than 400 ton.

(i) Milk (Sale to Special Classes) (Jersey) Regulations 2004
(R & O 31/2004 - deemed to have come into force on 12th April 2004)

These triennial Regulations continue the arrangements for the subsidised sale of milk to certain classes of person.

5. OTHER SUBORDINATE LEGISLATION OF NOTE

(a) Building Bye-laws (Jersey) 2004
(R & O 2/2004 - in force 1.3.04)

These Bye-laws replace the Building Bye-laws (Jersey) 2001.

(b) Community Provisions (Restrictive measures in respect of Sudan) (Jersey) Order 2004
(R & O 13/2004 - in force 5.3.04)

This Order gives effect to Council Regulation (EC) 131/2004 concerning restrictive measures in respect of Sudan making it an offence, without authorization from the Policy and Resources Committee, to provide to any person, for use in Sudan, technical assistance relating to military activities and equipment or financial assistance related to military activities and empowering the Committee to obtain information in order to ensure compliance with the Council Regulation.

This amendment to the Royal Court Rules 1992 allows proceedings to be stayed to enable the parties to try to settle the proceedings by alternative dispute resolution.

(d) Petty Debts Court Rules 2004
(R & O 34/2004 – in force 1.6.04)

These Rules replace the Petty Debts Court (Jersey) Rules 1992. In particular they make provision to implement the increased jurisdiction of the Petty Debts Court and allow for an adjournment of proceedings whilst mediation takes place.

(e) Royal Court (Appeals from Petty Debts Court) Rules 2004
(R & O 35/2004 – in force 1.6.04)

These Rules set out the procedures for an appeal from the Petty Debts Court to the Royal Court.

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