Return to Contents Summary Of Legislation 1st September 1996 - 31st December 1996 __________ 1. Laws Adopted By The States (a) Limited Liability Partnerships (Jersey) Law 1996 (P.138/96 - adopted 24.9.96) This Law makes new provision for the establishment of limited liability partnerships. (b) Police Force (Amendment No. 6) (Jersey) Law 1996 (P.145/96 - adopted 8.10.96) The Law amends the Police Force (Jersey) Law 1974 to provide for the Chief Officer of the States of Jersey Police in the case of the States Police Force and the Port Control Unit, and the Connétables, in the case of the honorary police, to be liable for torts committed by police officers and Port Control Unit officers in the performance or purported performance of their functions. (c) Parish Rate (Jersey) Law 1996 (P.148/96 - adopted 8.10.96) The purpose of this Law is to authorize the making and levying of rates in the parishes for the years 1997 and 1998. (d) Criminal Justice (Evidence and Procedure) (Jersey) Law 1996 (P.122/96 - adopted 22.10.96) This Law makes provision for children and certain vulnerable witnesses to give evidence by means of video recorded interviews in cases involving sexual offences or offences of violence against children, and to provide for the giving of evidence by those persons through a live television link. (e) Loi (1996) (Amendement) sur les remises de biens (f) Bankruptcy (Désastre) (Amendment No. 3) (Jersey) Law 1996 (combined in P.123/96 (revised) - adopted 22.10.96) The amendments of the Loi (1839) sur les remises de biens ("the 1839 Law") - (i) clarify the position of persons appointed on a remise for the purpose of assisting the Jurats in the examination of the property intended to be placed in the hands of the Court; (ii) clarify the rights of Jurats in a remise to employ persons on a remunerative basis to assist in the examination of the estate of the debtor; (iii) extend the provisions of Article 10 of the 1839 Law (which relates to the costs incurred by Jurats) to dégrèvement. The amendments of the Bankruptcy (Désastre) (Jersey) Law 1990 are consequential upon the amendments of the 1839 Law. They provide that in any case where there has been a remise de biens, the Viscount’s costs, charges, allowances and expenses shall be taken to include the costs of the Jurats, payable by virtue of Article 10 of the 1839 Law. (g) Termination of Tenancies (Procedure) (Jersey) Law 1996 (P.161/96 - adopted 22.10.96) The purpose of this Law is to alter certain procedures with respect to the termination of tenancies and proceedings for the eviction of tenants. The Law will give the Petty Debts Court - (i) discretion as to the award of costs following the making of an eviction order; (ii) the power to sit in private when hearing submissions as to hardship. (h) Advocates and Solicitors (Jersey) Law 1996 (P.172/96 (revised) - adopted 22.10.96) This Law revises and consolidates the Laws relating to the right to practise as an advocate or a solicitor and the regulation of the practice of solicitors. (i) Bankruptcy (Désastre) (Amendment No. 4) (Jersey) Law 1996 (P.177/96 - adopted 5.11.96) The purpose of this Law is to exclude the States, the Finance and Economics Committee, the Viscount and those acting for the Committee or the Viscount from any liability in damages in the discharge of their statutory functions in the absence of bad faith. (j) Fatal Accidents (Amendment) (Jersey) Law 1996 (P.191/96 - adopted 19.11.96) This Law amends the Fatal Accidents (Jersey) Law 1962 to provide that, in assessing damages payable to a spouse or child of a deceased person in respect of the death of that deceased person the remarriage or prospects of remarriage of the spouse are disregarded. (k) Income Tax (Amendment No. 17) (Jersey) Law 1996 (P.208/96 - adopted 3.12.96) This Law amends the Income Tax (Jersey) Law 1961 in relation to maintenance payments. (l) Health and Safety at Work (Amendment No. 2) (Jersey) Law 1996 (P.173/96 - adopted 10.12.96) The main purpose of this Law is to make it the duty of an employer employing five or more employees to prepare and bring to the notice of all his employees a written statement of his general policy with respect to the health and safety of his employees and the organisation and arrangements for carrying out that policy. 2. Laws, Orders In Council, etc., Registered By The Royal Court (a) F.B. Playing Fields (Construction and Use of Sports Hall) (Jersey) Law 1996 (L.31/96 - registered 6.12.96. In force - on registration). (b) Matrimonial Causes (Amendment No. 9) (Jersey) Law 1996 (L.32/96 - registered 6.12.96. In force - day or days to be appointed). (c) Drug Offences (International Co-operation) (Jersey) Law 1996 (L.33/96 - registered 6.12.96. In force - day or days to be appointed). (d) Loi (1996) sur l’hypothèque des biens-fonds incorporels (L.34/96 - registered 6.12.96. In force - on registration). 3. Appointed Day Acts (a) Insurance Business (Jersey) Law 1996 (Appointed Day) Act 1996 (R & O 8963) Law in force 1.10.96. (b) Royal Bank of Scotland International Limited (Jersey) Law 1995 (Appointed Day) (No. 2) Act 1996 (R & O 8979) Law in force 1.10.96 (for purposes of the acquisition by Royal Bank of Scotland International Limited of the banking business of Royal Bank of Scotland I.O.M. Limited). (c) States of Jersey (Amendment No. 5) Law 1996 (Appointed Day) Act 1996 (R & O 8985) Law in force 10.10.96. (d) Public Finances (Administration) (Amendment No. 8) (Jersey) Law 1996 (Appointed Day) Act 1996 (R & O 8993) Articles 3, 4, 9 and 11 of Law in force 23.10.96. Remaining Articles of Law in force 1.1.97. (e) Vienna Document (Privileges and Immunities) (Jersey) Law 1996 (Appointed Day) Act 1996 (R & O 9000) Law in force 1.12.96. (f) Prevention of Terrorism (Jersey) Law 1996 (Appointed Day) (No. 2) Act 1996 (R & O 9013). Remaining provisions of Law (Article 22 and Eighth Schedule) in force 1.12.96. (g) Administrative Decisions (Review) (Amendment) (Jersey) Law 1995 (Appointed Day) Act 1996 (R & O 9018) Law in force 1.1.97. (h) Teachers’ Superannuation (Amendment) (Jersey) Law 1996 (Appointed Day) Act 1996 (R & O 9031) Law in force 1.1.97. 4. Regulations Made By The States (a) Construction (Safety Provisions) (Amendment No. 4) (Jersey) Regulations 1996 (R & O 8962 - in force 1.11.96). These Regulations provide that, except for the purpose of training, a mechanically propelled vehicle or a mechanically drawn trailer-vehicle shall be driven or operated only by a trained and competent person who has attained the age of 18. (b) Sea Fisheries (Size Limits) (Amendment No. 5) (Jersey) Regulations 1996 (R & O 8964 - in force 5.9.96). These Regulations introduce a minimum size limit for whelks of 45 millimetres long. (c) Cremation (Amendment No. 14) (Jersey) Regulations 1996 (R & O 8967 - in force 5.9.96). These Regulations make amendments of the Cremation (Jersey) Regulations 1961 consequential upon the enactment of the Inquests and Post-Mortem Examinations (Jersey) Law 1995. (d) Licensing (Licence Fees) (Jersey) Regulations 1996 (R & O 8980 - in force 26.9.96). These Regulations prescribe the fees for the grant or renewal of licences under the Licensing (Jersey) Law 1974 (e) Licensing (No. 11) (Jersey) Regulations 1996 (R & O 8984 - in force 10.10.96). These Regulations amend the Licensing (Jersey) Law 1974 by - (i) modifying the permitted hours for off-sales for premises of the first, fourth and sixth categories; (ii) enabling premises of the third category to serve liquor, for consumption on the premises, to persons who do not take meals. (f) Motor Traffic (No. 6) (Jersey) Regulations 1996 (R & O 8989 - in force 24.10.96). These Regulations amend the Motor Traffic (Jersey) Law 1935 to enable the Committee to make provision with respect to equipment to be carried by public service vehicles. (g) Hire Cars (No. 6) (Jersey) Regulations 1996 (R & O 8990 - in force 1.1.97). These Regulations increase fees for the licensing of a motor car under the Hire Cars (Jersey) Law 1964. (h) Public Service Vehicles (Fees) (Amendment No. 7) (Jersey) Regulations 1996 (R & O 8991 - in force 1.1.97). These Regulations increase the fees for the examination of vehicles for use as public service vehicles and the fees for forms of application for licences to drive public service vehicles. (i) Motor Vehicles (International Circulation) (Amendment No. 12) (Jersey) Regulations 1996 (R & O 8992 - in force 1.1.97). These Regulations increase the fee for an international driving permit. (j) Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 1996 (R & O 8999 - in force 1.1.97). These Regulations have the effect of prohibiting sea fishing in certain circumstances, unless authorized by a licence granted under the Sea Fisheries (Jersey) Law 1974 by the Agriculture and Fisheries Committee. (k) Harbours (Vehicle Ramps) (Jersey) Regulations 1996 (R & O 9011 - in force for three years with effect from 18.1.97). These Regulations enable the Harbours and Airport Committee to control the use of ramps provided for the loading and unloading of vehicles on or from a vessel. (l) Electricity Link with France (Protection of Submarine Cable) (Jersey) Regulations 1996 (R & O 9012 - in force for three years with effect from 18.1.97). These Regulations prohibit anchoring, dredging and trawling in territorial waters around the Island which are within 1000 metres either side of the submarine cable supplying electricity to the Island from France. (m) Prevention of Terrorism (Enforcement of External Orders) (Jersey) Regulations 1996 (R & O 9014 - in force 1.12.96). These Regulations provide for the enforcement in the Island of certain types of order made by a court in a designated country or territory, being orders which - (i) provide for the confiscation or forfeiture of terrorist funds ("external forfeiture orders"); or (ii) make provision prohibiting dealing with property which is subject to an external forfeiture order or in respect of which such an order could be made in proceedings which have been or are to be instituted in the designated country or territory ("external restraint orders"). (n) Harbours (Amendment No. 25) (Jersey) Regulations 1996 (R & O 9015 - in force 1.1.97). These Regulations increase the charges payable under the Harbours (Jersey) Regulations 1962 in respect of vehicles (other than empty trailers) and other goods left on a harbour for longer than the permitted free period. (o) Boats and Surf-Riding (Control) (Amendment No. 14) (Jersey) Regulations 1996 (R & O 9016 - in force 1.1.97). These Regulations increase registration, inspection and licence fees in respect of watercraft under the Boats and Surf-Riding (Control) (Jersey) Regulations 1969. (p) Collective Investment Funds (Recognized Funds) (Compensation for Investors) (Amendment No. 2) (Jersey) Regulations 1996 (R & O 9017 - in force 21.11.96). These Regulations amend the Collective Investment Funds (Recognized Funds) (Compensation for Investors) (Jersey) Regulations 1988 in order to expand on the types of liabilities which may be eligible liabilities for the purposes of claims for compensation by investors under those Regulations. (q) Family Allowances (Jersey) Regulations 1996 (R & O 9027 - in force 7.1.97). These Regulations specify the rates and amounts for the purposes of calculating the annual rate of family allowance during the family allowance year beginning on 7th January 1997. (r) Terms of Employment (Amendment) (Jersey) Regulations 1996 (R & O 9030 - in force 1.1.97). These Regulations amend the Terms of Employment (Jersey) Regulations 1995 ("the principal Regulations") by - (i) providing that the written statement to be given to an employee by his employer shall include terms relating to disciplinary and grievance procedures (if any); and (ii) deleting from the list of persons excepted from the principal Regulations an employee who is the husband, wife, father, mother, son or daughter of the employer. 5. Other Subordinate Legislation Of Note (a) Insurance Business (General Provisions) (Jersey) Order 1996 (R & O 8973 - in force 1.10.96). This Order makes provision for those matters which may be prescribed under the Insurance Business (Jersey) Law 1996. (b) Insurance Business (Solvency Margin) (Jersey) Order 1996 (R & O 8974 - in force 1.10.96). This Order prescribes the amount of solvency margin required to be maintained by category B permit holders under Article 23 of the Insurance Business (Jersey) Law 1996. (c) Island Planning (Fees) (Jersey) Order 1996 (R & O 8981 - in force 1.1.97). This Order prescribes the fees payable in respect of applications for permission to develop land. (d) Building Bye-Laws (Jersey) 1996 (R & O 8982 - in force 1.1.97). The Bye-Laws revoke and replace the Building Bye-Laws (Jersey) 1960. They impose requirements on persons carrying out certain building operations, but these are less detailed than the requirements of the revoked Bye-Laws. Provision is made for the issue of Codes of Practice for the purpose of providing guidance as to the requirements of the Bye-Laws, and for fees to be payable in respect of applications for building permits. e) Import and Export (Control) (Amendment No. 2) (Jersey) Order 1996 (R & O 8995 - in force 28.10.96). This Order imposes restrictions on the importation of firearms and ammunition into the Island. (f) Prevention of Terrorism (Authorized Investigators) (Code of Practice) (Jersey) Order 1996 (R & O 9019 - in force 1.12.96). This Order sets out the Code of Practice in connexion with the exercise by authorized investigators of the powers conferred by the Eighth Schedule to the Prevention of Terrorism (Jersey) Law 1996. (g) Motor Vehicles (Construction and Use) (Amendment No. 36) (Jersey) Order 1996 (R & O 9028 - in force 1.1.97). The effect of this Order is - (i) to require motor vehicles to be kept at all times in such condition that persons on or near roads are not endangered or likely to be endangered by front projections on them; (ii) to prohibit front devices of the kind commonly known as "bull bars" or of any similar nature on motor vehicles, except devices that are non-metallic or flexible. (h) Teachers’ Superannuation (Financial Provisions) (Jersey) Order 1996 (R & O 9033 - in force 1.1.97). The purpose of this Order is to make provision for the management of the Teachers’ Superannuation Fund. |