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Summary Of Legislation

1st September 1997 - 31st December 1997

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1. Laws Adopted By The States

(a) Social Security (Amendment No. 13) (Jersey) Law 1997 (P.96/97 - adopted 9.9.97)

This Law amends the Social Security (Jersey) Law 1974 so as to alter the method of calculating the annual increase in the standard rate of benefit.

(b) Protection of Children (Amendment) (Jersey) Law 1997 (P.112/97 - adopted 9.9.97)

This Law amends the Protection of Children (Jersey) Law 1994 by extending the current provisions which make it an offence to take, possess, sell, etc. indecent photographs of children to include indecent "pseudo photographs" (i.e. computer-generated or partly computer-generated images) of children.

(c) Computer Misuse (Amendment) (Jersey) Law 1997 (P.115/97 - adopted 9.9.97)

This Law amends the Computer Misuse (Jersey) Law 1995 to make a saving provision for powers of examination, search or seizure under any enactment or rule of law.

(d) Arbitration (Jersey) Law 1997 (P.113/97 - adopted 23.9.97)

This Law contains provisions of a general nature relating to various aspects of the process of arbitration. The Law will also enable effect to be given in the Island to the New York Convention on the recognition and enforcement of foreign arbitral awards.

(e) Income Tax (Amendment No. 18) (Jersey) Law 1997 (P.117/97 - adopted 23.9.97)

This Law amends the Income Tax (Jersey) Law 1961 by -

(a) enabling the Comptroller of Income Tax to disclose information to the Department of Employment and Social Security for purposes approved by the Finance and Economics Committee;

(b) modifying the rules relating to the taxation of premiums on leases.

(f) Fire Service (Amendment No. 3) (Jersey) Law 1997 (P.121/97 - adopted 23.9.97)

This Law amends the Fire Service (Jersey) Law 1959 so as to empower the Defence Committee to enter into an agreement with any fire authority elsewhere in the British Isles for the provision of firemen by that authority where there is a special demand on the resources of the Jersey Fire Service.

(g) Advocates and Solicitors (Amendment) (Jersey) Law 1997 (P.133/97 - adopted 7.10.97)

This Law amends the Advocates and Solicitors (Jersey) Law 1997 to reflect changes in the setting of examinations for call to the Bar and for admission as a solicitor in England and Wales.

(h) Payment of Wages (Amendment No. 3) (Jersey) Law 1997 (P.134/97 - adopted 7.10.97)

The purpose of this Law is to authorize Regulations made under the Payment of Wages (Jersey) Law 1962 to provide for the payment of wages directly into bank accounts, and to validate past payments made in that way.

(i) Stamp Duties and Fees (Jersey) Law 1997 (P.142/97 - adopted 7.10.97)

The purpose of this Law is to consolidate into a single piece of principal legislation all the existing provisions providing for the charging of fees (stamp duty) for the registering of public and court documents.

(j) Air Transport (Permits) (Jersey) Law 1997 (P.147/97 - adopted 7.10.97)

The purpose of this Law is to make permanent provision regulating the operation of flights carrying passengers or cargo for reward between the Island and the United Kingdom, the remainder of the Channel Islands and the Isle of Man. The Law replaces and re-enacts Triennial Regulations which will expire on 31st December 1998.

(k) Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey) Law 1997 (P.94/97 - adopted 21.10.97)

The purpose of this Law is to give effect in the Island to the Vienna Conventions on Diplomatic and Consular Relations, to make provision for privileges and immunities in connection with Commonwealth and Irish establishments and to make provision for certain privileges, immunities and facilities to be accorded to certain international organisations and their representatives.

(l) Hong Kong Economic and Trade Office (Privileges and Immunities) (Jersey) Law 1997 (P.95/97 - adopted 21.10.97)

The purpose of this Law is to make provision for conferring privileges and immunities in relation to an economic and trade office established by the government of the Hong Kong Special Administrative Region in the United Kingdom or in the Island.

(m) Financial Services Commission (Jersey) Law 1997 (P.163/97 - adopted 9.12.97)

The purpose of this Law is to establish a Financial Services Commission for Jersey.

(n) Royal Court (Possession Orders) (Jersey) Law 1997 (P.175/97 - adopted 9.12.97)

The purpose of this Law is to enable the Royal Court to make orders for the possession of an immovable property in proceedings where it orders the cancellation of a contract lease of that immovable property.

2. Laws, Orders In Ccouncil, etc., Registered In The Royal Court

(a) Explosives (Amendment No. 2) (Jersey) Law 1997

(L.34/97 - registered 29.8.97. In force - day to be appointed.)

(b) Health Insurance (Amendment No. 12) (Jersey) Law 1997

(L.35/97 - registered 29.8.97. In force - day to be appointed.)

(c) Nursing and Residential Homes (No. 2) (Jersey) Law 1997

(L.36/97 - registered 29.8.97. In force - on registration.)

(d) Patents (Amendment No. 2) (Jersey) Law 1997

(L.37/97 - registered 29.8.97. In force - day to be appointed.)

(e) Criminal Justice (Amendment No. 2) (Jersey) Law 1997

(L.38/97 - registered 29.8.97. In force - on registration.)

(f) Criminal Justice (Compensation Orders) (Amendment) (Jersey) Law 1997

(L.39/97 - registered 29.8.97. In force - on registration.)

(g) Prison (Amendment No. 4) (Jersey) Law 1997

(L.40/97 - registered 29.8.97. In force - on registration.)

(h) States of Jersey (Amendment No. 6) (Jersey) Law 1997

(L.41/97 - registered 29.8.97. In force - on registration.)

(i) The Transfer of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man) Order 1997

(L.42/97 - registered 19.9.97. In force - 1.10.97.)

(j) Natwest Offshore Limited (Jersey) Law 1997

(L.43/97 - registered 14.11.97. In force - on registration.)

(k) The Lloyds TSB (Jersey) Law 1997

(L.44/97 - registered 14.11.97. In force - on registration.)

3. Appointed Day Acts

(a) Medicines (Jersey) Law 1995 (Appointed Day) Act 1997

(R & O 9124)

Law in force 1.1.98.

(b) Health Insurance (Amendment No. 9) (Jersey) Law 1996 (Appointed Day) Act 1997

(R & O 9125)

Law in force 1.1.98.

(c) Drug Trafficking (Miscellaneous Provisions) (Jersey) Law 1996 (Appointed Day) Act 1997

(R & O 9147)

Law in force 15.10.97.

(d) Drug Offences (International Co-operation) (Jersey) Law 1996 (Appointed Day) Act 1997

(R & O 9150)

Law in force 15.10.97.

(e) Patents (Amendment No. 2) (Jersey) Law 1997 (Appointed Day) Act 1997

(R & O 9173)

Law in force 1.12.97.

(f) Explosives (Amendment No. 2) (Jersey) Law 1997 (Appointed Day) Act 1997

(R & O 9174)

Law in force 1.12.97.

(g) The Lloyds TSB (Jersey) Law 1997 (Appointed Day) Act 1997

(R & O 9183)

Day appointed for the purposes of the transfer of certain undertakings and parts of undertakings - 1.1.98.

(h) Natwest Offshore Limited (Jersey) Law 1997 (Appointed Day) Act 1997

(R & O 9184)

Day appointed for purposes of acquisition of businesses - 1.1.98.

4. Regulations Made By The States

(a) Social Security (No. 3) (Jersey) Regulations 1997

(R & O 9112 - in force on different dates for different Regulations from 1.1.98 until 1.1.02)

The purpose of these Regulations is to amend the Social Security (Jersey) Law 1974 ("the principal Law") so as to set, for each of the years 1998, 1999, 2000 and 2001 and from 1st January 2002 onwards -

(a) the standard level of contribution and lower threshold level (amendments to Article 1 of the principal Law);

(b) the Class 1 contribution rates for employees and employers (amendments to Article 5 of the principal Law); and

(c) the total amount of earnings related Class 2 contributions payable in a month (amendments to Article 8 of the principal Law).

(b) Gambling (Licensing Provisions) (Amendment No. 10) (Jersey) Regulations 1997

(R & O 9113 - in force 9.9.97)

These Regulations increase various fees under the Gambling (Licensing Provisions) (Jersey) Regulations 1965.

(c) Gambling (Betting) (Amendment No. 10) (Jersey) Regulations 1997

(R & O 9114 - in force 9.9.97)

These Regulations increase the fee under the Gambling (Betting) (Jersey) Regulations 1965 for a bookmaker’s occasional licence.

(d) Gambling (Gaming and Lotteries) (Amendment No. 11) (Jersey) Regulations 1997

(R & O 9115 - in force 1.1.98)

These Regulations increase various fees payable under the Gambling (Gaming and Lotteries) (Jersey) Regulations 1965.

(e) Road Traffic (No. 46) (Jersey) Regulations 1997

(R & O 9116 - in force 17.9.97)

The primary purpose of these Regulations is to amend the Road Traffic (Jersey) Law 1956 so as to create new offences of causing death by dangerous driving and causing death by careless driving when under the influence of drink or drugs.

(f) Asbestos (Licensing) (Jersey) Regulations 1997

(R & O 9119 - in force 1.11.97)

These Regulations provide that any employee or self-employed person undertaking work with asbestos insulation or asbestos coating, except in limited circumstances, may only do so in accordance with a licence issued by the Employment and Social Security Committee.

(g) Island Planning (Use Classes) (Amendment No. 2) (Jersey) Regulations 1997

(R & O 9120 - in force 25.9.97)

The purpose of these Regulations is to make a material change in use from a guest house to a lodging house or residential club subject to the requirement for permission from the Planning and Environment Committee under Article 5 of the Island Planning (Jersey) Law 1964.

(h) Fire Precautions (Designated Premises) (Amendment) (Jersey) Regulations 1997

(R & O 9122 - in force 1.10.97)

The purpose of these Regulations is to designate the use of a building at a port or airport which includes an area that is used as a passenger terminal as a use of premises for which a fire certificate is required by Article 2 of the Fire Precautions (Jersey) Law 1977.

(i) Licensing (Licence Fees) (Jersey) Regulations 1997

(R & O 9123 - in force 25.9.97)

These Regulations prescribe the fees for the grant or renewal of licences under the Licensing (Jersey) Law 1974.

(j) Drug Trafficking Offences (Designated Countries and Territories) (Jersey) Regulations 1997

(R & O 9148 - in force 15.10.97)

These Regulations give effect to Article 18 of the Drug Trafficking Offences (Jersey) Law 1988, which empowers the States to direct that, subject to such modifications as may be specified, the Law shall apply to an order (known as "an external confiscation order") made by a court in a designated country or territory for the purpose of recovering payments or other rewards received in connection with drug trafficking, or their value, and to proceedings which have been, or are to be, instituted in a designated country or territory and which may result in such an order being made there.

(k) Drug Trafficking Offences (Exemption for Regulators) (Jersey) Regulations 1997

(R & O 9149 - in force 15.10.97)

These Regulations exempt members and officers of the Finance and Economics Committee from the provisions of Article 18A of the Drug Trafficking Offences (Jersey) Law 1988 (which makes it an offence to fail to disclose knowledge or suspicion of drug money laundering).

(l) Drug Offences (International Co-operation) (Enforcement of Overseas Forfeiture Orders) (Jersey) Regulations 1997

(R & O 9151 - in force 15.10.97)

These Regulations provide for -

(a) the enforcement in the Island of orders made by a court in a designated country for the forfeiture and destruction or other disposal of property used in connection with a drug offence ("external forfeiture orders"); and

(b) the seizure or detention of 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 ("restraint orders").

(m) Gambling (Gaming and Lotteries) (Amendment No. 12) (Jersey) Regulations 1997

(R & O 9152 - in force 29.10.97)

These Regulations amend the Gambling (Gaming and Lotteries) (Jersey) Regulations 1965 so as to exempt the instant lottery to be conducted as part of the Channel Islands Lottery from the prohibition against instant lotteries.

(n) Gambling (Channel Islands Lottery) (Amendment No. 3) (Jersey) Regulations 1997

(R & O 9153 - in force 29.10.97)

These Regulations amend the Gambling (Channel Islands Lottery) (Jersey) Regulations 1975 so as to provide for an instant lottery as part of the Channel Islands Lottery.

(o) Public Service Vehicles (Fees) (Amendment No. 8) (Jersey) Regulations 1997

(R & O 9171 - in force 1.1.98)

These Regulations increase the fees for the examination of vehicles for use as public service vehicles and the fees for forms of application to drive public service vehicles.

(p) Hire Cars (No. 7) (Jersey) Regulations 1997

(R & O 9172 - in force 1.1.98)

These Regulations increase the fee for the licensing of a motor car under the Hire Cars (Jersey) Law 1964.

(q) Family Allowances (Jersey) Regulations 1997

(R & O 9175 - in force 6.1.98)

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 6th January 1998.

(r) States of Jersey (Definition of Officer) Regulations 1997

(R & O 9176 - in force 20.11.97)

These Regulations amend the definition of "officer" for the purposes of Article 36A of the States of Jersey Law 1966 so as to bring members of the States of Jersey Police within the scope of that definition.

(s) Road Traffic (No. 47) (Jersey) Regulations 1997

(R & O 9180 - in force 7.12.97)

These Regulations amend the Road Traffic (Jersey) Law 1956 to reflect the fact that -

(a) traffic controllers, other than police officers and traffic officers, are now employed by the Public Services Committee and not by the Defence Committee; and

(b) school crossing patrols are appointed by the Education Committee, and not by the Defence Committee.

(t) Boats and Surf-Riding (Control) (Amendment No. 16) (Jersey) Regulations 1997

(R & O 9181 - in force 1.1.98)

These Regulations increase fees under the Boats and Surf-Riding (Control) (Jersey) Regulations 1969.

(u) Harbours (Amendment No. 26) (Jersey) Regulations 1997

(R & O 9182 - in force 1.1.98)

These Regulations increase fees under the Harbours (Jersey) Regulations 1962.

(v) Terms of Employment (Amendment No. 2) (Jersey) Regulations 1997

(R & O 9187 - in force 17.12.97)

The purpose of these Regulations is to amend the Terms of Employment (Jersey) Regulations 1995 so as to enable the Industrial Relations Advisory Officer to refer matters to the Terms of Employment Officer for determination and to enable an employee or employer to nominate a person to refer matters to the Terms of Employment Officer for determination.

5. Other Subordinate Legislation Of Note

(a) Medicines (Jersey) Law 1995 - Orders

(R & O 9127 to R & O 9141 - in force 1.1.98.)

A series of fifteen Orders required to enable the Law to be brought into force on 1st January 1998.

(b) Advocates and Solicitors (Qualifying Examination) (Jersey) Rules 1997

(R & O 9142 - in force 8.10.97 (Rules 3(7) and (8), 4(1), 6 and 8) and 1.1.98 (remainder of Rules).)

These Rules introduce a new qualifying examination for a person wishing to become an advocate or a solicitor which replaces the qualifying examination for advocates specified in the Advocates (Examinations) (Jersey) Rules 1989 and the qualifying examination for solicitors specified in the Solicitors (Qualifying Examination) (Jersey) Rules 1973.