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Summary Of Legislation

1st January 1997 - 30th April 1997

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1. Laws Adopted By The States

(a) Finance (Jersey) Law 1997 (P.230/96 - adopted 21.1.97)

This Law gives effect to various provisions contained in the 1997 Budget Report.

(b) Telecommunications (Amendment No. 2) (Jersey) Law 1997 (P.232/96 - adopted 21.1.97)

This Law provides for the exclusive privilege of the States to run telecommunications systems in the Island to be exercised by the Telecommunications Board.

(c) Radio Equipment (Jersey) Law 1997 (P.233/96 - adopted 18.2.97)

The purpose of this Law is to enable restrictions to be placed on the manufacture, sale, custody and importation of certain radio equipment, with a view to preventing or reducing the risk of interference with wireless telegraphy.

(d) Investigation of Fraud (Amendment) (Jersey) Law 1997 (P.3/97 - adopted 18.2.97)

This Law amends the Investigation of Fraud (Jersey) Law 1991 in two respects -
Firstly, the Attorney General is allowed to authorize -

(i) any police officer,

(ii) any member of the Law Officers’ Department (apart from a Crown Advocate, whom the Attorney General may already authorize to act on his behalf), and

(iii) any person nominated by a person or body outside the Island at whose request an investigation is made, to exercise on his behalf his powers to investigate the affairs of a particular person, by questioning people and taking copies of or extracts from documents.

Secondly, the circumstances in which information obtained by or on behalf of the Attorney General can be disclosed are expanded to allow disclosure to an inspector appointed to investigate a company and to a person or body having supervisory, regulatory or disciplinary functions in relation to financial services, any profession or any area of commercial activity, whether in or outside the Island.

(e) Cheques (Amendment No. 2) (Jersey) Law 1997 (P.4/97 - adopted 18.2.97)

This Law allows a certified reproduction of an unendorsed cheque to be accepted as evidence of receipt of payment.

(f) Loi (1997) (Amendement No. 7) réglant la procédure criminelle (P.205/96 - adopted 18.2.97)

The principal purpose of this Loi is to provide that, during an Assize trial, the Court will be properly constituted by the Bailiff sitting alone and that when sentence is to be passed, the Court will be properly constituted by the Court sitting as the Superior Number or the Inferior Number according to the penalty which the Court decides to impose.

(g) Royal Court (Amendment No. 9) (Jersey) Law 1997 (P.206/96 - adopted 18.2.97)

This Law provides that, except for the purposes of Article 7 of the Loi (1864) réglant la procédure criminelle (as substituted by P.205/96 above) and Article 23 of the Court of Appeal (Jersey) Law 1961, the Superior Number of the Royal Court is duly constituted if it consists of the Bailiff or Deputy Bailiff and five Jurats.

(h) Loi (1997) (Amendement) modifiant le droit criminel (P.10/97 - adopted 18.2.97).

This Loi amends the Loi (1895) modifiant le droit criminel to provide for the following statutory maximum terms of imprisonment -

(i) in respect of unlawful sexual intercourse or attempted unlawful sexual intercourse with a girl under thirteen years, imprisonment for any term up to life imprisonment;

(ii) in respect of unlawful sexual intercourse or attempted unlawful sexual intercourse with a girl aged between thirteen and sixteen years or with a girl or woman mentally incapacitated, a term of imprisonment not exceeding five years.

(i) Loi (1997) (Amendement No. 3) sur les teneures en fideicommis et l’incorporation d’associations (P.11/97 - adopted 18.2.97)

This Loi makes it clear that officers and members of incorporated associations (other than commercial and industrial associations) are not personally liable for the debts and obligations of the associations.

(j) Decimal Currency (Amendment No. 6) (Jersey) Law 1997 (P.14/97 - adopted 18.2.97)

The purpose of this Law is to provide that coins of the denomination of two pounds sterling or more and composed of silver or cupro-nickel and nickel-brass issued by the Committee shall be legal tender for the payment of any amount.

(k) Building Bye-laws (Validation) (Jersey) Law 1997 (P.26/97 - adopted 18.3.97)

This Law validates actions taken, and fees collected, by the Planning and Environment Committee pursuant to the Building Bye-laws 1996 during the period from 1st January to 20th February 1997.

(l) Island Planning (Fees) (Validation) (Jersey) Law 1997 (P.27/97 - adopted 18.3.97)

This Law validates the imposition and recovery of application fees by the Planning and Environment Committee between 1st January and 20th February 1997.

(m) Companies (Amendment No. 3) (Jersey) Law 1997 (P.29/97 - adopted 18.3.97)

This Law amends the Companies (Jersey) Law 1991 to make provision for -

(i) companies of limited duration;

(ii) the termination of a summary winding up of a company;

(iii) the recording of documents by the registrar; and

(iv) the increase of penalties for offences.

(n) Regulation of Undertakings and Development (Amendment No. 7) (Jersey) Law 1997 (P.32/97 - adopted 18.3.97)

The principal purpose of this Law is to empower the Finance and Economics Committee to make Orders requiring persons carrying on undertakings to furnish to the Committee information on the number and nature of persons engaged in the undertaking.

(o) Departments of the Judiciary and the Legislature (Amendment No. 3) (Jersey) Law 1997 (P.41/97 - adopted 18.3.97)

This Law removes the requirement that the person appointed as Judicial Greffier is an advocate or solicitor.

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

(P.43/97 - adopted 8.4.97)

This Law amends the Explosives (Jersey) Law 1970 ("the 1970 Law") so as to comply with the Convention on the Marking of Plastic Explosives for the Purpose of Detection.

The 1970 Law already requires the licensing of explosives and in practice the Committee will not grant licences in respect of explosives prohibited by the Convention. This will be enforced by a new general power of forfeiture and destruction of explosives dealt with in contravention of the Law which supersedes a more restricted power of confiscation in respect of explosives imported without a licence.

The penalties in respect of offences created by the Law are increased and the level of fines determined by reference to the standard scale.

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

(P.44/97 - adopted 8.4.97)

The purpose of this Law is to provide for the registration of nursing and residential homes which, prior to the commencement of the Nursing and Residential Homes (Jersey) Law 1994 ("the 1994 Law"), were registered under Laws repealed by that enactment.

The Law also -

(i) provides that such homes are deemed to have been registered under the 1994 Law since its commencement;

(ii) validates the actions of the Committee taken pursuant to the 1994 Law in respect of such homes; and

(iii) makes it clear that registrations under it have effect as though they were registrations under the 1994 Law and that the provisions of that Law apply to them.

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

(P.45/97 - adopted 8.4.97)

The purpose of this Law is to amend the Health Insurance (Jersey) Law 1967 to alter the composition of the Pharmaceutical Benefit Advisory Committee constituted and so called by virtue of that Law.

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

(P.47/97 - adopted 8.4.97)

This Law amends the Patents (Jersey) Law 1957 so as to provide that in any proceedings for infringement of a registered patent relating to a process, the burden of proving that a product has not been produced by the patented process is on the person who has produced that product.

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

(P.235/96 - adopted 22.4.97)

This Law enables -

(i) the Bailiff to direct that a prisoner be taken to hospital for the purpose of medical investigation or observation, in addition to medical or surgical treatment;

(ii) the Prison Board to designate alternative accommodation to be used as a prison for a temporary period.

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

(P.236/96 - adopted 22.4.97)

This Law provides that the governor of the prison is not obliged to accept payment of a fine, an amount due under a recognizance or sum required as bail in order to secure the discharge of a person imprisoned in default of payment or deposit of bail, or to release such person or any person imprisoned pending provision of security for bail from custody except between the hours of 8 a.m. and 9 p.m.

(v) Criminal Justice (Confiscation Orders) (Amendment) (Jersey) Law 1997

(P.237/96 - adopted 22.4.97)

This Law provides that the governor of the prison is not obliged to accept payment of the amount ordered to be paid under a compensation order in order to secure the discharge of a person imprisoned in default of that payment or to release such person from custody except between the hours of 8 a.m. and 9 p.m.

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

(a) Disability Transport Allowance (Jersey) Law 1997

(L.1/97 - registered 10.1.97. In force - day or days to be appointed.)

(b) Establishments for Massage or Special Treatment (Licensing) (Repeal) (Jersey) Law 1997

(L.2/97 - registered 10.1.97. In force - on registration.)

(c) Limited Liability Partnerships (Jersey) Law 1997

(L.3/97 - registered 10.1.97. In force - day or days to be appointed.)

(d) Termination of Pregnancy (Jersey) Law 1997

(L.4/97 - registered 24.1.97. In force - 31.1.97.)

(e) Parish Rate (Jersey) Law 1997

(L.5/97 - registered 24.1.97. In force - on registration.)

(f) Advocates and Solicitors (Jersey) Law 1997

(L.6/97 - registered 28.2.97. In force - day to be appointed.)

(g) Wireless Telegraphy (Channel Islands) (Amendment) Order 1997

(L.7/97 - registered 28.2.97. In force - articles 1 and 3 - 1.3.97; article 2 - 1.4.97.)

(h) Territorial Sea Act 1987 (Jersey) Order 1997

(L.8/97 - registered 14.3.97. In force 31.3.97.)

(i) Fatal Accidents (Amendment) (Jersey) Law 1997

(L.9/97 - registered 11.4.97. In force - on registration.)

(j) Police Force (Amendment No. 6) (Jersey) Law 1997

(L.10/97 - registered 18.4.97. In force - on registration.)

(k) Bankruptcy (Désastre) (Amendment No. 3) (Jersey) Law 1997

(L.11/97 - registered 18.4.97. In force - on registration.)

(l) Criminal Justice (Evidence and Procedure) (Jersey) Law 1997

(L.12/97 - registered 18.4.97. In force - day to be appointed.)

(m) Loi (1997) (Amendement) sur les remises de biens

(L.13/97 - registered 18.4.97. In force - on registration.)

3. Appointed Day Acts

(a) Public Health (Control of Building) (Amendment No. 3) (Jersey) Law 1996 (Appointed Day) Act 1997

(R & O 9044)

Law in force 20.2.97.

(b) Island Planning (Amendment No. 6) (Jersey) Law 1996 (Appointed Day) Act 1997

(R & O 9045)

Law in force 20.2.97.

(c) Matrimonial Causes (Amendment No. 9) (Jersey) Law 1996 (Appointed Day) Act 1997

(R & O 9053)

Law in force 1.4.97.

(d) Reservoirs (Jersey) Law 1996 (Appointed Day) Act 1997

(R & O 9054)

Law in force 1.3.97.

(e) Territorial Sea (Consequential Provisions) (Jersey) Law 1994 (Appointed Day) Act 1997

(R & O 9063)

Law in force 31.3.97.

(f) Sea Fisheries (Jersey) Law 1994 (Appointed Day) (No. 2) Act 1997

(R & O 9064)

Remaining provisions of Law in force 31.3.97 (see also R & O 8746).

(g) Police Court (Change of Name) (Jersey) Law 1996 (Appointed Day) Act 1997

(R & O 9065)

Law in force 1.4.97.

(h) Bankruptcy (Désastre) (Amendment No. 2) (Jersey) Law 1996 (Appointed Day) Act 1997

(R & O 9066)

Law in force 1.4.97.

(i) Disability Transport Allowance (Jersey) Law 1997 (Appointed Day) Act 1997

(R & O 9078)

Law in force 1.5.97.

4. Regulations Made By The States

(a) Safeguarding of Workers (Electricity at Work) (Amendment) (Jersey) Regulations 1997

(R & O 9046 - in force 1.5.97)

These Regulations amend the Safeguarding of Workers (Electricity at Work) (Jersey) Regulations 1983 ("the principal Regulations"). As originally enacted, the duty to observe the requirements of the principal Regulations rested with, in relation to premises, their occupier, in relation to machinery, its owner, in relation to a vessel, its master and in relation to any process or description of manual labour, the employer or self-employed person. The amendments have the effect that the duty to observe the provisions of the principal Regulations now rests instead with an employer, a self-employed person and a person having control of premises, plant or substances, to the extent that the requirements of the Regulations relate to matters within their control.

(b) Safeguarding of Workers (Liquefied Petroleum Gas) (Amendment) (Jersey) Regulations

1997

(R & O 9047 - in force 1.5.97). For their effect see (a) above.

(c) Safeguarding of Worker (Highly Flammable Liquids) (Amendment) (Jersey) Regulations

1997

(R & O 9048 - in force 1.5.97). For their effect see (a) above.

(d) Boats and Surf-Riding (Control) (Amendment No. 15) (Jersey) Regulations 1997

(R & O 9049 - in force 1.3.97)

These Regulations amend the Boats and Surf-Riding (Control) (Jersey) Regulations 1969 ("the principal Regulations"), by removing the exception in favour of fishing vessels from the definition of "speed boat". The effect is to bring small fast fishing vessels within the requirements of the principal Regulations to register and have third-party insurance.

(e) Health Insurance (Medical Benefit) (Amendment No. 47) (Jersey) Regulations 1997

(R & O 9050 - in force 19.2.97)

These Regulations increase the amount of medical benefit payable in respect of specified medical services provided by approved medical practitioners to persons who are excepted from liability to pay contributions under the Health Insurance (Jersey) Law 1967.

(f) Licensing (No. 12) (Jersey) Regulations 1997

(R & O 9051 - in force 1.4.97)

These Regulations impose, as a general condition of a licence granted under the Licensing (Jersey) Law 1974, a requirement to maintain adequate arrangements at all times by way of precautions against fire and the safety of persons in case of fire, and empower any member of the States of Jersey Fire Service to inspect licensed premises to ensure compliance with this condition.

(g) Reservoirs (Arbitrators) (Jersey) Regulations 1997

(R & O 9055 - in force 1.3.97)

These Regulations make provision for the appointment of arbitrators for the purposes of resolving disputes arising under Article 19 of the Reservoirs (Jersey) Law 1996.

(h) Regulation of Undertakings and Development (Amendment No. 8) (Jersey) Regulations 1997

(R & O 9067 - in force 20.3.97)

The main purpose of these Regulations is to remove the exemption from the requirement to hold a licence from the Finance and Economics Committee which currently applies to undertakings carried on by a person with specified residential qualifications from his principal place of residence, on his own account and without any employees. Persons who carry on an undertaking pursuant to the exemption prior to the commencement of the Regulations will not require a licence as long as their circumstances remain unchanged.

(i) Franchise (Amendment No. 4) (Jersey) Regulations 1997

(R & O 9068 - in force 20.3.97)

These Regulations prescribe the form of return to be served upon occupiers of dwelling accommodation for the purposes of the Franchise (Jersey) Law 1968.

(j) Sea Fisheries (Les Minquiers) (Jersey) Regulations 1997

(R & O 9074 - in force 1.6.97)

The effect of these Regulations is to impose in the area of Les Minquiers a ban on the use of parlour pots, and pots and traps from which fish (other than molluscs) cannot escape once they have entered.

(k) Fishing Vessels (Safety Provisions) (Jersey) Regulations 1997

(R & O 9076 - in force for three years with effect from 13.4.97)

The purpose of these Regulations is -

(i) to make provision for a system of surveys and periodical inspections for Jersey registered fishing vessels; the owners of vessels which meet the specified requirements will be issued with a Jersey fishing vessel certificate;

(ii) to regulate the construction of fishing vessels including specified requirements in respect of the hull and equipment, watertight integrity, freeboard and stability, boilers and machinery, bilge pumping arrangements, electrical equipment and installations, miscellaneous plant and equipment, structural protection and fire detection, protection of the crew, nautical equipment including charts and documentation to be carried;

(iii) to specify in relation to fishing vessels requirements for life saving appliances and equipment, including fire appliances to be carried and requirements for musters and drills.

(l) Disability Transport Allowance (Jersey) Regulations 1997

(R & O 9079 - in force 1.5.97)

These Regulations prescribe the rate of disability transport allowance payable and the maximum level of income above which such allowance will not be payable.

5. Other Subordinate Legislation Of Note

(a) Transfer of Functions (Industrial Relations Committee) (Jersey) Act 1997

(R & O 9036 - in force 22.1.97)

The purpose of this Act is to transfer to the Employment and Social Security Committee the responsibilities of the Industrial Relations Committee which has now ceased to exist.

(b) Termination of Pregnancy (General Provisions) (Jersey) Order 1997

( R & O 9039 - in force 31.1.97)

The purpose of this Order is to specify various forms needed in order to give effect to the Termination of Pregnancy (Jersey) Law 1997. Provision is made for the form in which and the time within which any medical opinion given for the purposes of the Law must be certified; to prescribe the form of the certificates to be given confirming that, in a case where a woman seeks a termination on the grounds of distress, the requirements for consultation have been complied with; and to specify the information which must be given to the Medical Officer of Health following a termination. Provision is also made for a certificate of medical opinion and for a certificate of compliance with the requirements for consultation to be kept with the patient’s records for at least three years.

(c) Decimal Currency (Calling in of Fifty Pence Coins) (Jersey) Order 1997

(R & O 9040 - in force 27.1.97)

The purpose of this Order is to provide for the calling in of current coins of the denomination of fifty pence by 30th April 1998.

(d) Gambling (Channel Islands Lottery) (Jersey) Order 1997

(R & O 9042 - in force 30.1.97)

This Order, which consolidates all the Orders previously in force governing the Channel Islands Lottery, introduces a method of drawing a jackpot prize which may supplement the top prize.

(e) Food Hygiene (General Provisions) (Amendment No. 3) (Jersey) Order 1997

(R & O 9072 - in force 1.6.97)

This Order reviews the requirements relating to the heating or chilling of food kept on food premises, public markets, stalls and vehicles used in food businesses.