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The Jersey Law Review - October 2005
SUMMARY OF LEGISLATION
1ST MAY 2005 - 31ST AUGUST 2005
1. LAWS ADOPTED BY THE STATES
(a) Employment Relations (Jersey) Law 200-
(P.19/2005 - adopted 17.5.05)
This Law provides for the legal identification and registration of trade unions and employer associations, creates a legal dispute resolution process and supports codes regarding good employment relations practice.
(b) Employment (Amendment) (Jersey) Law 200-
(P.87/2005 - adopted 17.5.05)
This Law amends the Employment (Jersey) Law 2003 in respect of weekly rest periods, awards made by the Tribunal and as to the time when protection from unfair dismissal arises.
(c) States of Jersey (Amendment) Law 200-
(P.83/2005 - adopted 7.6.05)
This Law amends the States of Jersey Law 2005 as to the process for nomination and appointment of ministers and to prohibit the Chief Minister taking on an additional ministerial office.
(d) Child Abduction and Custody (Jersey) Law 200-
(P.105/2005 - adopted 5.7.05)
This Law establishes a civil procedure for securing the return of children removed from the jurisdiction without permission.
(e) Child Custody (Jurisdiction) (Jersey) Law 200-
(P.107/2005 - adopted 5.7.05)
This Law makes provision as to jurisdiction and for the recognition and enforcement of court orders relating to child custody, where there are both proceedings in the United Kingdom and in Jersey, and provides for the recovery of children removed, without permission, from Jersey or the United Kingdom.
(f) Liquor (Restriction on Consumption) (Jersey) Law 200-
(P.119/2005 - adopted 5.7.05)
This Law confers powers on the police to prohibit the consumption of liquor by a young person in a public place and to require the surrender of, or to seize, and dispose of, liquor.
(g) Employment of States of Jersey Employees (Jersey) Law 200-
(P.99/2005 - adopted 6.7.05)
This Law provides for the employment of employees of the States of Jersey following the move to ministerial government.
(h) Island Planning (Amendment No. 9) (Jersey) Law 200-
(P.127/2005 - adopted 19.7.05)
This Law would enable the Minister to delegate functions relating to planning applications under the Island Planning (Jersey) Law 1964 to a Planning Applications Panel.
(i) Planning and Building (Amendment No. 3) (Jersey) Law 200-
(P.128/2005 - adopted 19.7.05)
This Law would enable the Minister to delegate functions relating to planning applications under the Planning and Building (Jersey) Law 2002 to a Planning Applications Panel.
(j) Education (Amendment) (Jersey) Law 200-
(P.117/2005 - adopted 19.7.05)
This Law amends the Education (Jersey) Law 1999 so as to provide for the Magistrate, rather than the Royal Court, to make education supervision orders.
(k) Children and Day Care (Amendment) (Jersey) Law 200-
(P.73/2005 - adopted 19.7.05)
This Law makes minor corrections and additions to the Children (Jersey) Law 2002 and the Day Care of Children (Jersey) Law 2002.
(l) Social Security (Amendment No. 18) (Jersey) Law 200-
(P.135/2005 - adopted 19.7.05)
This Law increases the levels of fines for offences under the Social Security (Jersey) Law 1974.
(m) Restriction on Smoking (Amendment) (Jersey) Law 200-
(P.111/2005 - adopted 20.7.05)
This Law amends the Restriction on Smoking (Jersey) Law 1973 to extend the power to make Regulations, to add a requirement to display notices, for the appointment of authorized officers and for the service of documents.
(n) Companies (Amendment No. 8) (Jersey) Law 200-
(P.110/2005 - adopted 21.7.05)
This Law provides for the creation of incorporated cell companies and protected cell companies, clarifies the rules regarding solvency tests and makes further provision regarding insolvent companies.
2. LAWS, ORDERS IN COUNCIL, ETC. REGISTERED IN THE ROYAL COURT
(a) Medicines (Amendment No. 2) (Jersey) Law 2005
(L.10/2005 - registered 10.6.05. In force on a day to be appointed by Act of the States)
(b) Criminal Justice (Mandatory Minimum Periods of Actual Imprisonment) (Jersey) Law 2005
(L.11/2005 - registered 17.6.05. In force 12.7.05)
(c) Income Tax (Amendment No. 24) (Jersey) Law 2005
(L.12/2005 - registered 8.7.05. In force 14.12.04, by Acte opératoire)
(d) Finance (Jersey) Law 2005
(L.13/2005 - registered 8.7.05. In force 14.12.04, by Acte opératoire)
(e) Public Finances (Jersey) Law 2005
(L.14/2005 - registered 8.7.05. In force on a day to be appointed by Act of the States)
(f) Royal Court (Amendment No. 11) (Jersey) Law 2005
(L.15/2005 - registered 8.7.05. In force 15.7.05)
(g) Data Protection (Amendment) (Jersey) Law 2005
(L.16/2005 - registered 8.7.05. In force 15.7.05)
(h) Regulation of Investigatory Powers (Jersey) Law 2005
(L.17/2005 - registered 8.7.05. In force on a day to be appointed by Act of the States)
(i) Planning and Building (Amendment) (Jersey) Law 2005
(L.18/2005 - registered 22.7.05. In force on the same day as the Planning and Building (Jersey) Law 2002)
(j) Bankruptcy (Netting, Contractual Subordination and Non-Petition Provisions) (Jersey) Law 2005
(L.19/2005 - registered 5.8.05. In force 12.8.05)
(k) Fertilisers and Feeding Stuffs (Amendment) (Jersey) Law 2005
(L.20/2005 - registered 5.8.05. In force 12.8.05)
(l) Termination of Pregnancy (Amendment) (Jersey) Law 2005
(L.21/2005 - registered 5.8.05. In force 12.8.05)
(m) States of Jersey (Amendment) Law 2005
(L.22/2005 - registered 5.8.05. In force in accordance with Article 5)
(n) Loi (2005) (Amendement No. 5) sur la propriété foncière
(L.23/2005 - registered 19.8.05. In force 26.8.05)
(o) Jersey Overseas Aid Commission (Jersey) Law 2005
(L.24/2005 - registered 19.8.05. In force on a day to be appointed by Act of the States)
(p) Planning and Building (Amendment No. 2) (Jersey) Law 2005
(L.25/2005 - registered 19.8.05. In force on the same day as the Planning and Building (Jersey) Law 2002)
3. APPOINTED DAY ACTS
(a) Employment Law 2003 (Appointed Day) Act 2005
(R&O.38/2005 - in force 17.5.05)
Whole Law brought into force 1.7.05.
(b) Criminal Justice (Mandatory Minimum Periods of Actual Imprisonment) (Jersey) Law 2005 (Appointed Day) Act 2005
(R&O.63/2005 - in force 5.7.05)
Whole Law brought into force 12.7.05.
(c) Day Care of Children (Jersey) Law 2002 (Appointed Day) Act 2005
(R&O.68/2005 - in force 19.7.05)
Whole Law brought into force 1.8.05.
(d) Matrimonial Causes (Amendment No. 11) (Jersey) Law 2003 (Appointed Day) Act 2005
(R&O.69/2005 - in force 19.7.05)
Whole Law brought into force 1.8.05.
(e) Criminal Justice (Evidence of Children) (Jersey) Law 2002 (Appointed Day) Act 2005
(R&O.70/2005 - in force 19.7.05)
Whole Law brought into force 1.8.05.
(f) States of Jersey Law 2005 (Appointed Day) (No. 1) Act 2005
(R&O.72/2005 - in force 19.7.05)
Article 6 and, partially, Article 52 of and Schedule 3 to, the Law brought into force on 26.7.05.
(g) Plant Health (Jersey) Law 2003 (Appointed Day) Act 2005
(R&O.73/2005 - in force 19.7.05)
Whole Law brought into force 26.7.05.
(h) Children (Jersey) Law 2002 (Appointed Day) Act 2005
(R&O.74/2005 - in force 21.7.05)
Whole Law brought into force 1.8.05.
(i) Adoption (Amendment No. 5) (Jersey) Law 2002 (Appointed Day) Act 2005
(R&O.75/2005 - in force 21.7.05)
Whole Law brought into force 1.8.05.
4. REGULATIONS MADE BY THE STATES
(a) Housing (General Provisions) (Amendment No. 22) (Jersey) Regulations 2005
(R&O.39/2005 - in force 24.5.05)
These Regulations reduce the period of residence required to obtain housing qualifications from 15 to 14 years.
(b) States of Jersey (Transfer of Functions from Committees to Ministers) (Jersey) Regulations 2005
(R&O.41/2005 - to come into force on the same day as Article 42(3) of the States of Jersey Law 2005)
These Regulations provide for the transfer of functions from Committees of the States to Ministers, upon the first Council of Ministers taking office.
(c) States of Jersey (Amendments and Construction Provisions No. 1) (Jersey) Regulations 2005
(R&O.42/2005 - to come into force on the same day as Article 42(3) of the States of Jersey Law 2005)
These Regulations amend enactments consequentially upon R&O.41/2005.
(d) States of Jersey (Amendments and Construction Provisions No. 2) (Jersey) Regulations 2005
(R&O.43/2005 - to come into force on the same day as Article 42(3) of the States of Jersey Law 2005)
These Regulations amend enactments consequentially upon R&O.41/2005.
(e) States of Jersey (Amendments and Construction Provisions No. 4) (Jersey) Regulations 2005
(R&O.44/2005 - to come into force on the same day as Article 42(3) of the States of Jersey Law 2005)
These Regulations amend enactments consequentially upon R&O.41/2005.
(f) States of Jersey (Amendments and Construction Provisions No. 5) (Jersey) Regulations 2005
(R&O.45/2005 - to come into force on the same day as Article 42(3) of the States of Jersey Law 2005)
These Regulations amend enactments consequentially upon R&O.41/2005.
(g) States of Jersey (Amendments and Construction Provisions No. 6) (Jersey) Regulations 2005
(R&O.46/2005 - to come into force on the same day as Article 42(3) of the States of Jersey Law 2005)
These Regulations amend enactments consequentially upon R&O.41/2005.
(h) States of Jersey (Amendments and Construction Provisions No. 7) (Jersey) Regulations 2005
(R&O.47/2005 - to come into force on the same day as Article 42(3) of the States of Jersey Law 2005)
These Regulations amend enactments consequentially upon R&O.41/2005.
(i) States of Jersey (Amendments and Construction Provisions No. 8) (Jersey) Regulations 2005
(R&O.48/2005 - to come into force on the same day as Article 42(3) of the States of Jersey Law 2005)
These Regulations amend enactments consequentially upon R&O.41/2005.
(j) States of Jersey (Amendments and Construction Provisions No. 9) (Jersey) Regulations 2005
(R&O.49/2005 - to come into force on the same day as Article 42(3) of the States of Jersey Law 2005)
These Regulations amend enactments consequentially upon R&O.41/2005.
(k) States of Jersey (Amendments and Construction Provisions No. 10) (Jersey) Regulations 2005
(R&O.50/2005 - to come into force on the same day as Article 42(3) of the States of Jersey Law 2005)
These Regulations amend enactments consequentially upon R&O.41/2005.
(l) States of Jersey (Amendments and Construction Provisions No. 11) (Jersey) Regulations 2005
(R&O.51/2005 - to come into force on the same day as Article 42(3) of the States of Jersey Law 2005)
These Regulations amend enactments consequentially upon R&O.41/2005.
(m) Licensing (No. 16) (Jersey) Regulations 2005
(R&O.52/2005 - in force 31.5.05)
These Regulations amend the Licensing (Jersey) Law 1974, making it an offence to purchase liquor on behalf of a child.
(n) Employers’ Liability (Compulsory Insurance) (Exemption) (Amendment No. 2) (Jersey) Regulations 2005
(R&O.55/2005 - in force 14.6.05)
These Regulations exempt a company whose majority shareholder is also its sole employee from the requirement to maintain accident insurance in respect of employees.
(o) Employers’ Liability (Compulsory Insurance) (General) (Amendment No. 2) (Jersey) Regulations 2005
(R&O.56/2005 - in force 7.9.05)
These Regulations increase the minimum accident insurance that an employer must maintain in respect of employees from £2 million to £5 million.
(p) Taxation (Agreements with European Union Member States) (Jersey) Regulations 2005
(R&O.59/2005 - in force 1.7.05)
These Regulations implement agreements entered into with Member States of the European Union on the taxation of savings income.
(q) Criminal Justice (Mandatory Minimum Periods of Actual Imprisonment) (Jersey) Regulations 2005
(R&O.62/2005 - in force 12.7.05)
These Regulations prescribe what are ‘early release provisions’ for the purposes of the Criminal Justice (Mandatory Minimum Periods of Actual Imprisonment) (Jersey) Law 2005.
(r) States of Jersey (Period for Ordinary Elections) (Jersey) Regulations 2005
(R&O.71/2005 - in force 26.7.05)
These Regulations amend Article 6(2) of the States of Jersey Law 2005, regarding the period within which an ordinary election must be held.
(s) Children (Contact in Care) (Jersey) Regulations 2005
(R&O.76/2005 - in force 1.8.05, apart from Regulation 6)
These Regulations provide for the steps to be taken by the Health and Social Services Committee in relation to contact between a child in care and his or her parents, or other relevant parties.
(t) Children (Placement) (Jersey) Regulations 2005
(R&O.77/2005 - in force 1.8.05, apart from Schedule 8)
These Regulations specify the duties of the Health and Social Services Committee when placing a child in care with their parent/s, or in the care of someone in whose favour a Parental Responsibility Order or Residence Order has been made.
5. OTHER SUBORDINATE LEGISLATION OF NOTE
(a) Employment (Awards) (Jersey) Order 2005
(R&O.60/2005 - in force 1.7.05)
This Order provides for the amounts of compensation that may be awarded under the Employment (Jersey) Law 2003.
(b) Community Provisions (Côte d’Ivoire Restrictive Measures) (Jersey) Order 2005
(R&O.66/2005 - in force 7.7.05)
This Order implements 2 European Community Council Regulations so as to prohibit the supply of arms and related equipment to Côte d’Ivoire.
(c) Community Provisions (Zimbabwe - Restrictive Measures) (No. 5) (Jersey) Order 2005
(R&O.67/2005 - in force 7.7.05)
This Order re-enacts the implementation of restrictive measures in respect of Zimbabwe, having regard to amendments to the list of competent authorities and substitution of the list of persons to whom certain restrictive measures relate.
(d) Children Rules 2005
(R&O.80/2005 in force 1.8.05, apart from Schedule 3)
These Rules make new provision in relation to court procedures under the Children (Jersey) Law 2002.
(e) Children (Parental Responsibility Agreement) Rules 2005
(R&O.81/2005 - in force 1.8.05)
These Rules make provision for the form and record of a parental responsibility agreement.
(f) Children (Prescribed Classes of Applicant to Vary Directions) Rules 2005
(R&O.82/2005 - in force 1.8.05, apart from Rule 3)
These Rules specify who may apply to vary directions given in certain proceedings under the Children (Jersey) Law 2002.
(g) Matrimonial Causes Rules 2005
(R&O.83/2005 - in force 1.8.05, apart from Rule 73)
These Rules replace the Matrimonial Causes (General) (Jersey) Rules 1979.
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