Control of Housing
and Work (Jersey) Law 2012
A LAW to establish a registration
process for residents of Jersey and to make provision for the control of work
and housing and for related purposes.
Commencement [see endnotes]
AND WHEREAS it is recognized that, in furtherance of
these aims, provision is needed for controlling –
(a) the
overall population density of Jersey; and
(b) the
availability of work and housing in Jersey for people with strong connections
or associations with Jersey and, more generally, in such a way that is in the
best interests of the community in Jersey –
THE
STATES,
subject to the sanction of Her Most Excellent Majesty in Council, have adopted
the following Law –
part 1
interpretation
1 Interpretation
(1) In this Law, unless the
context otherwise requires –
“adult” means any person who is not a child;
“child” means any person below school leaving age;
“Court” means the Royal Court;
“Hawkers Law 1965” means the Hawkers and
Non-Resident Traders (Jersey) Law 1965;
“housing category” means a housing category specified in
Article 11(1);
“Housing Law” means the Housing (Jersey) Law 1949;
“Housing Regulations” means the Housing (General
Provisions) (Jersey) Regulations 1970;
“individual” except in Part 7, includes a child;
“land” means any corporeal hereditament, including a
building, and land covered with water;
“lease” means a lease, underlease or other tenancy,
assignment operating as a lease or underlease, or an agreement for such a
lease, underlease, tenancy or assignment and the expressions
“lessor” and “lessee” shall be construed accordingly;
“limited liability company” means a limited liability
company registered under the Limited Liability Companies
(Jersey) Law 2018;
“LLC interest” has
the same meaning as in the Limited Liability Companies
(Jersey) Law 2018;
“Minister” except where specified otherwise, means the
Chief Minister;
“person” –
(a) in
Parts 2 to 6 means an adult;
(b) in
the remainder of this Law means, as the case requires an adult or a body of
persons, whether incorporated or unincorporated;
“prescribe” means prescribe by Order;
“registration card” means a card issued under Article 4;
“registered contract” means a contract passed before the
Court and registered in the Public Registry of Contracts;
“residential and employment status” means a residential
and employment status specified in Article 2(1);
“RUD Law 1973” means the Regulation of Undertakings
and Development (Jersey) Law 1973;
“school leaving age” means the upper limit of compulsory
school age by virtue of Article 2 of the Education (Jersey)
Law 1999;
“specified transaction” shall be construed in accordance
with Article 18;
“States body” has the same meaning as in the Public Finances (Jersey)
Law 2019;
“valid registration card” means a registration card
which, under Article 5, is permanent or which has not expired;
“vary” includes amend, replace, add to and revoke;
“work” means any of the following –
(a) work
governed by a contract of employment;
(b) engagement
in any trade, business, profession or vocation;
(c) the
holding of an office;
(d) engagement
by a person in any other activity described in Article 23(1)(c);
“working day” excludes Christmas Day, Good Friday,
Saturday, Sunday and a public holiday under the Public Holidays and Bank
Holidays (Jersey) Act 2010.[1]
(2) In this Law references
to premises, housing or a unit of dwelling accommodation include any such
premises, housing or unit of dwelling accommodation registered under the Tourism (Jersey)
Law 1948, the Nursing Homes (Jersey)
Law 1994 or the Lodging Houses (Registration)
(Jersey) Law 1962 or a home consisting of a care home service within the meaning of paragraph 4 of Schedule 1 to the Regulation of Care (Jersey) Law 2014 (the “2014 Law”), or a
children’s home service or residential family centre service within
the meaning given to each of those expressions in Part 3 of Schedule 1 to the 2014 Law.[2]
part 2
residential
and employment status
2 Residential
and employment status
(1) A
person’s residential and employment status shall be any of the
following –
(a) Entitled;
(b) Licensed;
(c) Entitled
for Work Only; or
(d) Registered,
if the person satisfies the
conditions for that status specified by the States in Regulations.
(2) In
making Regulations under paragraph (1), the States may –
(a) specify
circumstances in which a person will lose a particular residential and
employment status; and
(b) make
provision for the residential and employment status of any particular person to
be subject to such conditions as may be determined by the Minister, including,
without prejudice to the generality of the foregoing, conditions relating to
the occupancy of a specific dwelling unit.
(3) The
Minister shall –
(a) issue
guidance concerning the effect on a person’s residential and employment
status of any temporary absence from Jersey;
(b) lay a
copy of such guidance before the States; and
(c) arrange
for the guidance to be published.
(4) Such
guidance may make provision concerning the circumstances in which a period of
temporary absence –
(a) does
not count towards determining a period of residence required by Regulations as
a condition for a particular residential and employment status;
(b) does
not break any period of continuous residence for the purposes of any such
condition.
(5) The
Minister shall, by Order, specify the date that guidance issued under paragraph (3)
is to take effect.
(6) The
Minister may, at any time, require a person to provide the Minister with such
documents and information as the Minister may require, within such reasonable
time as the Minister may specify, for the purpose of determining or verifying
the person’s residential and employment status.
(7) A
requirement under paragraph (6) shall be in writing.
(8) A
person who does not, without reasonable excuse, comply with a requirement of
the Minister under paragraph (6) shall be guilty of an offence and liable
to a fine of level 3 on the standard scale.[3]
(9) Any
reference in this Law to a person who is Entitled, Licensed, Entitled for Work
Only or Registered, as the case may be, or who has any such status, is a
reference to a person who meets the conditions for that status in Regulations
under paragraph (1).
3 Application
for a registration card
(1) A
person shall, if required to do so under Article 7, 19 or 24, apply
to the Minister for a registration card.
(2) A
person who satisfies the conditions for a residential and employment status
specified in Regulations under Article 2 may apply at any time for a
registration card or for the variation of a valid registration card.
(3) An
application under paragraph (1) or (2) shall be in such form as may be
determined by the Minister and accompanied by such information and documents as
the Minister may determine and such fee as the Minister may prescribe.
(4) Before
determining an application under paragraph (1) or (2), the Minister may
require the person who has made the application to provide the Minister with
such other documents or information as the Minister may require for the
purposes of verifying any of the following –
(a) the
identity of the person;
(b) the person’s
residential and employment status; and
(c) any
other information to be recorded on the card.
(5) Following
an application for a registration card under paragraph (1) or (2) or for
the variation of a person’s residential and employment status recorded on
an existing card, the Minister shall decide whether a person meets the
conditions for a residential and employment status specified in Regulations
under Article 2(1) and, if so, determine that the person has that status.
(6) The
Minister may require a person to attend such place as he or she may specify for
the purpose of applying for a registration card.
(7) The
Minister may by Order provide that any person or person of a prescribed
description is exempt from the duty under this Law to apply for a registration
card.
4 Registration
card
(1) Following a determination of a
person’s residential and employment status under Article 3(5), the
Minister shall, as appropriate, issue that person with a registration card or
vary a registration card.
(2) The registration card shall record the
following information in respect of the person whose identity is recorded on
the card –
(a) name;
(b) social
security number;
(c) residential
and employment status;
(d) date
of the issue of the card;
(e) whichever
of the following information is applicable in accordance with Article 5 –
(i) the date of the
expiry of the card,
(ii) whether
the residential and employment status recorded on the card is subject to
verification by the Minister under paragraph (4)(a) or (5)(a) of that
Article,
(iii) whether
the card is permanent.
(3) The
registration card may record such other information as the Minister may
determine concerning any conditions to which the employment and residential
status of the person whose identity is recorded on the card is subject.
(4) A registration card shall –
(a) be in
such form as the Minister may from time to time determine; and
(b) remain
the property of the Minister.
(5) The States may by Regulations specify other
information to be recorded on a registration card concerning the person whose
identity is recorded on the card.
(6) For the purposes of paragraph (5),
“information” means information in any form, whether or not in
writing, including a photograph of the person whose identity is recorded on the
card.
5 Duration
of a registration card
(1) The
registration card of an Entitled person who has permanent Entitled status in
accordance with Regulations under Article 2 shall be permanent.
(2) The
registration card of an Entitled person who, in accordance with Regulations
under Article 2 –
(a) does
not have permanent Entitled status; and
(b) is
not capable of losing Entitled status in the 5 year period following the
date that the card is issued,
shall expire 5 years
after the date that the card is issued.
(3) The
registration card of an Entitled person who does not have permanent Entitled
status in accordance with Regulations under Article 2 but is capable of
losing Entitled status in the 5 year period following the date that the
card is issued shall expire in accordance with paragraph (4).
(4) Such
card shall expire on whichever of the following dates occurs first –
(a) the
date immediately prior to the date that the person is required to have an
appropriate valid registration card under Article 19(1) or 24(1), as
the case may be, unless the Minister verifies that the person continues to
meet, or is expected to continue to meet on the latter date, the conditions for
Entitled status for the purpose of the relevant Article; or
(b) 5 years
after the date the card is issued.
(5) The
registration card of an Entitled for Work Only person or a Licensed person
shall expire on whichever of the following dates occurs first –
(a) the
date immediately prior to the date that the person is required to have an
appropriate valid registration card under Article 19(1) or 24(1), as
the case may be, unless the Minister verifies that the person continues to
meet, or is expected to continue to meet on the latter date, the conditions for
Entitled for Work Only status or Licensed status, as the case may be, for the
purposes of the relevant Article; or
(b) the
date the person loses his or her Entitled for Work Only status or Licensed
status, as the case may be.
(6) The
registration card of a Registered person shall be permanent (whether or not the
person is issued with another registration card recording a different
residential and employment status).
(7) Expiry
of a registration card in accordance with this Article shall not, by itself,
have any effect on a person’s residential and employment status, such
status being determined in accordance with Regulations made under Article 2.
(8) For
the purposes of paragraph (4)(a) and (5)(a), the Minister shall determine
the means by which, and to whom, there shall be communicated the verification
described in those sub-paragraphs.
6 Offences
concerning registration cards
(1) A person who purports to sell, transfer or
assign a valid registration card or agrees to assign, sell or transfer such a
card is guilty of an offence and liable to a fine of level 3 on the
standard scale.
(2) A sale, transfer or assignment of a valid
registration card is of no effect.
(3) A person who wilfully defaces or destroys a
valid registration card is guilty of an offence and liable to a fine of
level 3 on the standard scale.
(4) A
person who, with intent to deceive –
(a) forges,
alters or uses or lends to or allows to be used by any other person, any
registration card; or
(b) makes
or has in the person’s possession any document
so closely resembling a registration card as to be calculated to deceive,
is guilty of an offence and
liable to imprisonment for a term of 2 years and to a fine.
(5) A
person who knowingly makes any false statement or withholds any material
information for the purpose of –
(a) obtaining
a registration card for himself, herself or any other person;
(b) obtaining
the variation of any registration card;
(c) preventing
the issue or variation of any registration card; or
(d) procuring
the imposition of any condition in relation to a registration card,
is guilty of an offence and
liable to imprisonment for a term of 2 years and to a fine.
part 3
registration for newcomers to jersey
7 Requirement for registration card
(1) A person who meets the
conditions described in paragraph (4) must have an appropriate valid
registration card for which an application has been made within the time limit
specified in paragraph (5).
(2) Paragraph (1) does
not apply to a person who, within the time limit specified in paragraph (5),
has an appropriate valid registration card for the purposes of Article 24.
(3) For the purposes of
this Article, an appropriate valid registration card is a registration card
which correctly records the person’s employment and residential status at
the time of the person’s application for the card.
(4) For
the purposes of paragraph (1), the conditions are that the
person –
(a) is,
or expects to be, ordinarily resident in Jersey for a continuous period of
3 months or more on or after the date that this Article comes into force
(regardless of the nature of the premises occupied by the person during that
time); and
(b) has
not been ordinarily resident in Jersey for a continuous period of 3 months
or more immediately before –
(i) the date that
this Article comes into force, or
(ii) the
date the person attains the age of 16.
(5) Subject
to paragraph (6), the application for a registration card must be made no
later than the expiry of the first period of 3 months during which the
person is ordinarily and continuously resident in Jersey.
(6) If
the date from which a person has been ordinarily resident for a continuous
period of at least 3 months occurs before the date that this Article comes
into force, the application for a registration card must be made no later than
the expiry of the 3 month period starting on the date that this Article
comes into force.
(7) Temporary
absences from Jersey shall be disregarded in determining whether a person is
continuously resident in Jersey for the first period of 3 months during
which a person is ordinarily resident in Jersey provided that the majority of
that time is spent in Jersey.
(8) A person who contravenes paragraph (1)
shall be guilty of an offence and liable to a fine of level 3 on the
standard scale.
8 Registration
requirements for children not born in Jersey
(1) This
Article applies to an adult who shares a household with a child born after the
date that this Article comes into force, such child not being born in Jersey,
if the adult is –
(a) the
parent of the child; or
(b) another
person with parental responsibility for the child.
(2) An
adult to whom this Article applies is required to notify the Minister of the
child’s name, gender, address and date of birth, such notification taking
place –
(a) at
the time the adult applies for a registration card under Article 3; or
(b) no
later than 3 months after the date the child starts a period of
3 months continuous ordinary residence in Jersey.
(3) A
notification under paragraph (2) shall be in such form as the Minister may
determine.
(4) If
there is more than one adult to whom this Article applies, compliance by one
adult with the duty under paragraph (2) discharges all other persons to
whom this Article applies of that duty.
(5) A
person who contravenes paragraph (2) is guilty of an offence and liable to
a fine of level 2 on the standard scale.
(6) An
adult to whom this Article applies is not required to make a notification under
this Article in respect of any child who is the subject of a notification by
that adult under Article 9(2)(b) or (5)(a).
part
4
information
to the minister
9 Requirement
to give information to the Minister upon change of address
(1) A
person who –
(a) moves
to an address in Jersey on or after the date that this Article comes into
force; and
(b) is,
or expects to be, ordinarily resident at that address for a continuous period
of 3 months or more,
must notify the Minister of
the information specified in paragraph (2) within the time limit specified
in paragraph (6).
(2) The
information required for the purposes of paragraph (1) is –
(a) the
person’s full name (including title), date of birth, the address to which
the person has moved and the date the person started the continuous period of
3 months ordinary residence at that address;
(b) the
full name (including title) and date of birth of any other individual who moved
to that address with the person; and
(c) if
applicable, the date the person, or, if known to the person, any individual
referred to in sub-paragraph (b), intends to leave that address, or has
left that address, because he or she intends to cease, or has ceased, being
ordinarily resident in Jersey.
(3) A
person who –
(a) has
control of a unit of dwelling accommodation in respect of which another person
must make a notification under paragraph (1); and
(b) is
not a person referred to in paragraph (2)(b) in respect of whom that other
person must make a notification,
must notify the Minister of
the information specified in paragraph (5) within the time limit specified
in paragraph (6).
(4) For
the purposes of paragraph (3) a person has control of a unit of dwelling
accommodation if the person is responsible for allowing the other person
referred to in paragraph (3)(a) to occupy that unit as his or her ordinary
residence.
(5) The
information required for the purposes of paragraph (3) is –
(a) the
full name (including title) of every individual referred to in sub-paragraphs (a)
and (b) of paragraph (2);
(b) the
address of that unit of dwelling accommodation and the capacity in which the
person making the notification has control of that unit, for example, as owner
or lessor; and
(c) if
known to the person making the notification, the date that any individual
referred to in sub-paragraph (a) or (b) of paragraph (2) intends to
leave that unit of dwelling accommodation, or has left that unit of dwelling
accommodation, because the individual intends to cease, or has ceased, being
ordinarily resident in Jersey.
(6) A
notification under paragraph (1) or (3) –
(a) in
respect of the information described in sub-paragraphs (a) and (b) of
paragraph (2) or sub-paragraphs (a) and (b) of paragraph (5), as
the case may be, shall be made no later than the expiry of the first period of
3 months of continuous residency at that address by any individual who is
the subject of the notification;
(b) in
respect of the information described in paragraph (2)(c) or (5)(c),
shall be made as soon as practicable after the person making the notification
becomes aware of the information.
(7) If
there is more than one person subject to the duty under paragraph (1)
compliance with the duty by one person shall discharge all other persons who
are subject to that duty.
(8) If
there is more than one person who is subject to the duty under paragraph (3),
compliance with the duty by one person shall discharge all other persons who
are subject to that duty.
(9) A
notification under paragraph (1) or (3) shall be in such form as the
Minister may determine and accompanied by such documents or other information
that the Minister may require to verify the identity of any individual who is
the subject of the notification.
(10) Temporary
absences from an address shall be disregarded in determining whether a person
is continuously resident at that address for the first period of 3 months
at that address provided that the majority of that time is spent residing
there.
(11) The
requirements under paragraphs (1) and (3) do not apply to a person in
respect of information that has been notified to the Minister under another
prescribed provision in any prescribed enactment.
(12) A
person who fails to comply with paragraph (1) or (3) shall be guilty of an
offence and liable to a fine of level 2 on the standard scale.
(13) The
Minister may by Order –
(a) modify
the requirements of this Article in respect of such individual or description
of individual as may be specified in the Order; and
(b) make
provision for treating any person as being in control of a unit of dwelling
accommodation for the purposes of this Article or for the purposes of any
modification under sub-paragraph (a).
10 Power
to obtain information from other departments
The Minister may, for the
purposes of facilitating compliance with this Law, obtain, in relation to any
individual, any of the following information that is held by any department or
administration for which a Minister is assigned responsibility notwithstanding
anything in any enactment to the contrary –
(a) full
name (including title);
(b) date
of birth;
(c) current
address.
part 5
housing categories and occupation of housing
11 Housing
categories
(1) A unit of dwelling
accommodation shall be in one of the following categories –
(a) Qualified;
or
(b) Registered.
(2) The category of a unit
of dwelling accommodation shall be as specified in Article 12, 13 or 14
(as the case requires) or as otherwise determined by the Minister under Article 15.
(3) For the purposes of
Articles 12 and 13, a unit of dwelling accommodation the construction of
which is completed on or after the date that this Article comes into force
(whether or not construction is begun before the date that this Article comes
into force) shall be deemed to be created on the date of completion.
12 Housing
created after the date this Law comes into force
Any unit of dwelling accommodation to which Article 13 does not
apply shall be Qualified subject to such conditions (if any) as the Minister
may specify under Article 15.
13 Categorization
of housing created before the date this Law comes into force
(1) This Article applies to
a unit of dwelling accommodation –
(a) created
before the date that this Article comes into force; or
(b) created
on or after the date this Article comes into force if –
(i) its sale,
transfer or lease was subject to a consent granted by the Minister for Housing
under the Housing Regulations, or
(ii) it
was otherwise subject to a condition specified by the Minister for Housing
prior to the date this Article comes into force relating to the occupation, use
or disposal of such a unit (whether or not under those Regulations).
(2) A unit of dwelling
accommodation to which this Article applies shall be Qualified if, immediately
before the date that this Article comes into force, such unit was –
(a) subject
to a condition or restriction (howsoever arising) that it is occupied by a
person who would be permitted to purchase, take on a transfer of, or a lease
of, the unit by virtue of one or more provisions in Regulation 1 of the Housing
Regulations (whether or not such occupation took place);
(b) occupied
by a person who purchased, took on a transfer of, or a lease of, the unit by
virtue of a consent granted under any provision of the Housing Law or
Regulations made under that Law (whether or not the unit was subject to a
condition or restriction requiring such consent);
(c) subject
to the condition referred to in Article 7A of the Housing Law; or
(d) occupied
by a person who purchased, took on a transfer of, or leased the unit from a
parish or a States body or any person or body acting on behalf of the public of
Jersey.[4]
(3) For the purposes of
paragraph (2) there shall be disregarded any concession relating to
occupancy of a unit of dwelling accommodation by a person who does not satisfy
a condition or restriction to which that unit is subject.
(4) A unit of dwelling
accommodation to which this Article applies –
(a) that
was acquired before –
(i) 4th
April 1949, or
(ii) 10th June 1993
by any of the means described in Article 5(a), (b) and (c) of the Housing
Law; or
(b) falls
within a description in Article 7(2) of the Housing Law,
and was not subsequently the subject of any specified transaction
within the meaning of Article 18(1)(a) of this Law prior to the date that
this Article comes into force shall be Qualified on the date of the first such
specified transaction concerning that unit.
(5) A unit of dwelling
accommodation to which this Article applies that is acquired after the
date that this Article comes into force –
(a) as a
result of dégrèvement;
(b) by
subrogation from a tenant après
dégrèvement; or
(c) by
inheritance,
shall be Qualified.
(6) A unit of dwelling
accommodation to which this Article applies shall be Registered if it is not
Qualified under paragraph (2), (4) or (5).
(7) Subject to paragraph (8),
if immediately before the date that this Law comes into force, any unit of
dwelling accommodation to which this Article applies is subject to any lawful
condition, including any concession to such a condition, relating to the
occupancy, use or disposal of that unit, (whether or not that condition or
concession arises in or under any enactment) that condition, including any such
concession, shall be deemed to be a condition specified by the Minister under
Article 15 to which the housing categorization of that unit is subject.
(8) Paragraph (7)
shall not apply to –
(a) any
condition (including any variation of a condition) attached to a grant of
planning permission (including permission given by a Development Order) under
the Planning and Building (Jersey)
Law 2002; or
(b) any
condition attached to a planning permission granted under an enactment repealed
by that Law,
and nothing in this Article shall affect the operation of any such
condition.
14 Specific
provisions in respect of premises registered under other enactments
(1) If, after the date this
Article comes into force, registration of any premises is cancelled under the Tourism (Jersey)
Law 1948, the Nursing Homes (Jersey)
Law 1994 or the Lodging Houses (Registration)
(Jersey) Law 1962, any unit of dwelling accommodation comprised in such premises
shall be Qualified (whether or not such unit was previously categorized as
Qualified under this Law).[5]
(2) If, following
cancellation as described in paragraph (1), any such premises are
re-registered under any of the enactments described in paragraph (1), the
Minister shall determine the categorization of any unit of dwelling
accommodation comprised in such premises as if such determination were a change
of categorization under Article 15.
15 Conditions
and changes to housing categories
(1) An owner of a unit of
dwelling accommodation may apply to the Minister to change the housing category
of the unit of dwelling accommodation or to specify or vary the conditions
relating to the housing category of the unit of dwelling accommodation.
(2) Such application shall
be in such form and accompanied by such fee as the Minister may prescribe.
(3) The Minister may, of
his or her own motion, or following an application under paragraph (1),
make a determination relating to any of the following –
(a) a
change in the categorization of a unit of dwelling accommodation;
(b) specification
or a variation of the conditions relating to the housing category of a unit of
dwelling accommodation.
(4) The Minister shall not
make a determination under paragraph (3) if the effect of any such
determination would render unlawful the occupation of such a unit by any person
who lawfully occupies the unit at the time of the determination.
(5) The Minister shall not
make a determination under paragraph (3) unless each person who may be
affected by the determination –
(a) has
been notified of the proposed change and of his or her right of appeal against
the determination under Article 41; and
(b) been
given an adequate opportunity to make representations to the Minister.
(6) For the purposes of
paragraph (5), a person who may be affected by the determination means
each person (if any) who occupies the unit of dwelling accommodation as his or
her ordinary residence and each person (including a legal person) who is an
owner of that unit of dwelling accommodation, including any person who is an
immediate landlord of the occupier of that unit.
(7) In making a
determination under paragraph (3), the Minister shall have regard to any
relevant factors relating to the supply and demand of housing, particularly in
relation to the interests of persons with Entitled status and may have regard
to any other factors he or she considers relevant.
(8) If the Minister makes a
determination following an application under paragraph (1), the Minister
shall notify the applicant of his or her determination not later than
6 weeks after the date of the application.
(9) For the purposes of
paragraph (1) “owner” –
(a) excludes
the lessee of a unit of dwelling accommodation unless the lessee has the
written permission of the owner to make such an application;
(b) in
the case of a unit of dwelling accommodation to which the Loi (1991) sur la
copropriété des immeubles bâtis applies, means the owner of
a lot;
(c) in
the case of share transfer property, means the company owning the unit of
dwelling accommodation.
(10) For the purposes of paragraph (9)(c),
“share transfer property” means any unit of dwelling accommodation
where a person’s entitlement to use and occupy the unit of dwelling
accommodation arises by virtue of the ownership by that person of shares in a
company that owns the unit.
(11) A person who contravenes a
condition which is the subject of a determination under this Article shall be
guilty of an offence and liable to a fine.
(12) The Minister’s powers
under this Article shall not apply to –
(a) any
condition (including any variation of a condition) attached to a grant of
planning permission (including permission given by a Development Order) under
the Planning and Building
(Jersey) Law 2002; or
(b) any
condition attached to a planning permission granted under an enactment repealed
by that Law,
and nothing in this Article shall affect the operation of any such
condition.
16 Register
of housing
(1) The Minister shall keep
a register of all units of dwelling accommodation showing –
(a) the
housing category of each unit; and
(b) whether
there are any conditions or concessions to which that categorization is
subject.
(2) Any person may inspect
the register during normal business hours free of charge or take a copy of any
part of the register subject to payment of any
prescribed fee.
17 Occupation
of Qualified housing
(1) A person shall not
occupy a unit of dwelling accommodation that is Qualified as his or her
ordinary residence unless –
(a) the
person is Entitled or Licensed;
(b) the
person occupies the unit with the consent of another person who is Entitled or
Licensed provided that the other person occupies the whole or a substantial
part of that unit as his or her sole or principal place of residence in Jersey;
(c) the
person is Entitled for Work Only and has purchased the unit of dwelling accommodation
as a party to a specified transaction described in Article 18(1)(a) to
which his or her spouse or civil partner, being an Entitled person or a
Licensed person, was also a party in the same capacity;
(d) the
person has acquired the property by inheritance; or
(e) the
person occupies the unit with the consent of the Minister under paragraph (2).[6]
(2) The Minister may grant
consent to any person who has previously occupied a unit of dwelling
accommodation by virtue of any of sub-paragraphs (a) to (c) of paragraph (1)
to live in any unit of dwelling accommodation that is Qualified as his or her
ordinary residence for such period as may be specified by the Minister (which
may be determined by the happening of an event).
(3) If a person occupies a
unit of dwelling accommodation under paragraph (1)(b) the person may at
any time request the Minister to verify the residential and employment status
of the person giving consent to the occupation and the Minister shall comply
with such a request.
(4) Where it appears to the
Minister that a person is occupying a unit of dwelling accommodation in
contravention of paragraph (1), the Minister may make an application to
the Court for a declaration that, for the purposes of this Law and any
Regulations made under this Law, a person shall be deemed not to be, or not to
have been, ordinarily resident in Jersey in respect of any period during which
the person has occupied, or is in occupation of, a unit of dwelling
accommodation in contravention of this Article.
(5) In making a declaration
under paragraph (4), the Court may make such incidental provision as it
thinks fit.
(6) An application in
respect of a person under paragraph (4) must be made within 6 months
of the date the Minister becomes aware of occupation by that person of a unit
of dwelling accommodation in contravention of this Article.
(7) Any person who occupies
a unit of dwelling accommodation as his or her ordinary residence in
contravention of this Article is guilty of an offence and liable to a fine.
part 6
land transactions
18 Specified
transactions
(1) For
the purposes of this Part a specified transaction is –
(a) a
registered contract for the sale or transfer of any land in perpetuity, or for
a term expiring on the happening of a specified event, or for the unexpired
portion of any such term as aforesaid; or
(b) a
lease of any land, whether oral or in writing, including a registered contract
of lease.
(2) A
specified transaction shall not include –
(a) any
contract of partition of inherited or devised immovable property; or
(b) any
lease where the land demised by the lease does not comprise a unit of dwelling
accommodation.
(3) The
States may by Regulations amend paragraph (2).
19 Prohibition
on specified transactions without an appropriate valid registration card
(1) No
person shall be a party to a specified transaction unless the person acquiring
land that is the subject of that transaction –
(a) has
an appropriate valid registration card; and
(b) is
not prohibited from being such a party under this Article.
(2) For
the purposes of this Article –
(a) an
appropriate valid registration card of a person is a registration card
recording the person’s residential and employment status, the conditions
for such status being satisfied by that person on the date of the specified
transaction; and
(b) references
to the acquisition of land mean acquiring land as a purchaser, lessee or
transferee.
(3) Subject
to paragraph (6), a person who is Registered or Entitled for Work Only
shall not acquire land as a party to any transaction described in Article 18(1)(a).
(4) A
person who is Registered or Entitled for Work Only shall not acquire land as a
party to any transaction described in Article 18(1)(b) that is a
registered contract of lease.
(5) Subject
to paragraph (4), a person who is Registered or Entitled for Work Only
shall not acquire land as a party to any transaction described in Article 18(1)(b)
except a transaction in relation to a unit of dwelling accommodation that is
Registered, such transaction being subject to the condition that the unit of
dwelling accommodation will be occupied by the person as his or her sole or
principal place of residence in Jersey.
(6) Paragraph (3)
does not apply where a person who is Entitled for Work Only is a party to a
specified transaction described in Article 18(1)(a) to which his or her
spouse or civil partner –
(a) being
an Entitled person, is also a party (whether or not each spouse or civil
partner is a party to the specified transaction in the same capacity); or
(b) being
a Licensed person, is also a party, (each spouse or civil partner being a party
to the specified transaction as joint purchaser or transferee).[7]
(7) A
person who is Licensed shall not acquire land as a party to any transaction
described in Article 18(1)(a) unless –
(a) the
transaction involves a unit of dwelling accommodation which will be occupied by
the person as his or her sole or principal place of residence in Jersey; and
(b) the
transaction is subject to a condition that the Licensed person and, if applicable,
any spouse or civil partner who jointly owns the unit of dwelling
accommodation, will cause the unit of dwelling accommodation to be sold to a
person who can lawfully occupy the unit under this Law in the event that the
Licensed person is no longer permitted to occupy the unit of dwelling
accommodation under Article 17(1)(a) or (e).[8]
20 Specified
transactions concerning companies etc
(1) In
this Article “legal person” includes –
(a) any
body of persons, corporate or unincorporated;
(b) the
Crown; and
(c) a
corporation sole,
but excludes His Majesty in
his private capacity and any other individual.[9]
(2) A
legal person shall not acquire land as a party to a specified transaction
except with the prior consent in writing of the Minister.
(3) A
legal person may make an application to the Minister for consent under
paragraph (2) in such form and accompanied by such documents as the
Minister may determine and accompanied by such fee as the Minister may
prescribe.
(4) In
deciding whether to grant consent under paragraph (2), the Minister shall
take into account whether consent, can, in the best interests of the community,
be justified, with particular regard to the supply and demand of property and,
where relevant, to promoting ownership of residential property by persons with
Entitled status.
(5) Subject
to paragraph (7), the Minister may grant consent under paragraph (2)
subject to such conditions as he or she thinks fit.
(6) If
the Minister refuses to grant consent under paragraph (2), or grants
consent subject to conditions, he or she shall notify the applicant in writing
with reasons and, at the same time, inform the applicant of his or her right of
appeal under Article 41.
(7) The
Minister’s powers under paragraph (5) shall not apply
to –
(a) any
condition (including any variation of a condition) attached to a grant of
planning permission (including permission given by a Development Order) under
the Planning and Building (Jersey) Law 2002; or
(b) any
condition attached to a planning permission granted under an enactment repealed
by that Law,
and nothing in this Article
shall affect the operation of any such condition.
(8) Paragraph (2)
shall not apply to any specified transaction described in Article 18(1)(b),
where the party acquiring land is a public utility undertaking and the land is
for the purposes of accommodating any apparatus necessary for the supply or
control of gas, electricity, water, or telecommunications.
(9) In
paragraph (8), “public utility undertaking” means any legal
person authorized by or under any enactment to carry on a gas, electricity,
water or telecommunications undertaking.
21 Offences
concerning specified transactions
(1) A
person who is a party to a specified transaction (in any capacity) in
contravention of any provision in this Part shall be guilty of an offence and
liable to a fine.
(2) A
person who breaches any condition described in this Part to which a specified
transaction is subject shall be guilty of an offence and liable to a fine.
part
7
controls on working
22 Interpretation
(1) In this
Part –
“agency” means a person (the “agent”) who
supplies an individual (“the agency worker”) to work for another
(the “principal”) under a contract or other arrangements between
the agent and the principal, such agency worker not working under a contract of
service with the agent or the principal;
“authorized person” means the Minister or any individual
authorized by the Minister under Article 33 to perform functions under
this Part;
“business document” means any document that –
(a) relates
to the carrying on of an undertaking;
(b) relates
to the activity of being a hawker or non-resident trader; or
(c) forms
part of any record under any enactment;
“business licence” means a licence granted in respect of
any undertaking involving work or services other than either or both of the
following –
(a) hawking;
(b) any
work or services performed or offered in Jersey by non-resident traders;
“business premises” means premises used in connection
with the carrying on of an undertaking or the activity of being a hawker or
non-resident trader whether or not such premises are in a person’s place
of residence or are the sole premises used for any such purpose;
“group”, in relation to a body corporate, means that
body corporate, any other body corporate which is its holding body corporate or
subsidiary and other body corporate which is a subsidiary of that holding body
corporate;
“hawker” means an individual who goes from door to door
of residential premises, other than pursuant to an express prior arrangement
with the owner or occupier of those premises, for the purpose of any of the
following –
(a) selling
goods;
(b) offering
or exposing goods for sale;
(c) buying
or offering to buy goods;
(d) providing
or offering to provide, any services,
other than for the sole purpose of delivering printed matter
advertising any such activities;
“hawker’s licence” means a licence granted to a
hawker;
“holding body corporate” has the same meaning as a
holding body in Article 2 of the Companies (Jersey)
Law 1991;
“intoxicating liquor” has the same meaning as in the Licensing (Jersey)
Law 1974;
“licence” means any of the following licences granted
under Article 26, as the case requires –
(a) a
business licence;
(b) a
non-resident trading licence;
(c) a
hawker’s licence;
“licence holder” means –
(a) a person
carrying on an undertaking in respect of which a licence has been granted under
Article 26;
(b) a
person (whether or not carrying on an undertaking) who holds a hawker’s
licence;
“non-resident trader” means any person (other than a
hawker) who –
(a) is
not ordinarily resident in Jersey; or
(b) who
does not have any permanent business premises in Jersey,
and who, being physically present, uses any place in Jersey, or
moves from place to place in Jersey, for the purpose of selling or
offering or exposing for sale goods or services to the public (whether such
goods or services are supplied in Jersey or in a country or territory outside
Jersey) or for the purpose of buying, or offering to buy, goods from the
public;
“non-resident trading licence” means a licence granted
in respect of an undertaking involving any work or services performed or
offered in Jersey by non-resident traders;
“payment” refers to any form of remuneration,
including –
(a) commissions
and benefits in kind;
(b) rents
and receipts for the provision of accommodation,
and “paid” shall be construed accordingly;
“subsidiary” has the meaning given in Article 2 of
the Companies (Jersey)
Law 1991;
“recognized stock exchange” means –
(a) the
Channel Islands Stock Exchange;
(b) any
market for the buying and selling of securities which is situate in, and
recognized as, a stock exchange within the meaning of the law relating to stock
exchanges of any of the following –
(i) the United
Kingdom or a member State of the European Union,
(ii) Australia,
Canada, Hong Kong, Japan, Norway, Singapore, South Africa, Switzerland or the
United States of America; or
(c) any
other exchange approved in writing by the Minister;
“trading operation” means a States trading operation
that is designated as such under the Public Finances (Jersey) Law
2019
or that is taken to be designated as such under another enactment.[10]
23 Meaning
of “undertaking”
(1) Subject to this
Article, “undertaking” means any –
(a) trade;
(b) business;
or
(c) activity
involving work or services performed for, or offered to members of the public,
including a section of the public,
carried on in Jersey by any person whether or not carried on for
profit.
(2) For the purposes of
paragraph (1) a trade, business or activity is not an undertaking if no
individual working for the undertaking is paid for such work.
(3) For the purposes of
this Law the following persons shall be treated as carrying on an
undertaking –
(a) where
an undertaking is carried on by a legal person, the legal person; or
(b) where
an undertaking is not carried on by a legal person, the individual or
individuals having responsibility for the management, direction and control of
the undertaking.
(4) In determining whether
an undertaking is being carried on in Jersey –
(a) it is
irrelevant whether it has an address in Jersey or whether any address from
which the undertaking is carried on is fixed or is a business address or is a
dwelling house or some other premises provided that the undertaking has a
physical presence in Jersey; and
(b) it is
irrelevant whether activities being carried on in Jersey comprised in the
undertaking are ancillary to any trade or business carried on by the
undertaking outside Jersey.
(5) For the purposes of
paragraph (4)(a), ‘physical presence’ may refer to the
physical presence in Jersey of –
(a) any
person working in or for the undertaking; or
(b) any
item in the custody or ownership of the undertaking,
however for the avoidance of doubt, the presence in Jersey of a
person working in or for an undertaking carrying on activities outside Jersey
only for the purpose of meeting staff of another undertaking does not of itself
constitute physical presence of the former undertaking in Jersey.
(6) Subject to paragraph (7),
States bodies shall together be deemed to be a single undertaking for the
purposes of this Part.[11]
(7) Each parish, trading
operation and any prescribed States body shall each be a separate undertaking.[12]
24 Requirement
to have a registration card for work
(1) A person, being an
individual, shall not start new work in Jersey unless that person has an
appropriate valid registration card.
(2) A person shall not
appoint another person to work in or for an undertaking unless the latter has
an appropriate valid registration card.
(3) For the purposes of
this Article, an appropriate valid registration card is a registration card
recording the person’s residential and employment status, the conditions
for such status being satisfied by the person on the date the person starts new
work.
(4) A person starts new
work for the purposes of this Article –
(a) if
the person works under a contract of employment for a person for whom the
person has not previously worked;
(b) if
the person works under a contract of employment for a person for whom the
person has previously worked and the continuity of the period of the
person’s employment has been broken within the meaning of the Employment (Jersey)
Law 2003; or
(c) if
there is no contract of employment, the person works in or for an
undertaking –
(i) in or for which
the person has not previously worked, or
(ii) in
or for which the person has previously worked but the length of time which has
elapsed since ending that work is such that the person would ordinarily be
regarded as starting new work.
(5) For the purposes of
paragraph (4), subject to paragraph (6), a person works for another
person under a contract of employment if –
(a) the
first person works for the second person under a contract of service or
apprenticeship with the second person; or
(b) the
first person enters into any other contract with the second person under
which the first person undertakes to do, or to perform personally, work or
services for the second person.
(6) Subject to any Order
under paragraph (7), any individual working in or for an undertaking
(first undertaking) shall not be deemed to be working for a second undertaking
where the second undertaking is a client or customer of the first undertaking.
(7) The Minister may, by
Order, specify circumstances in which persons supplied by an agency to work for
another undertaking shall be regarded for the purposes of this Article as
working for the agency or the other undertaking or both.
(8) An individual who works
under a contract of service or apprenticeship for a body corporate within a
group and who works for an undertaking being carried on in Jersey consisting of
or including any body corporate within the group (whether or not under that
contract or some other arrangement), shall be deemed to be working for the
undertaking being carried on in Jersey.
(9) It is immaterial
whether a contract to which this Article refers is express (whether oral or in
writing) or implied.
(10) A person carrying on an
undertaking in respect of which a licence has been granted may, at any time,
make a written request to the Minister to verify the employment and residential
status of any person working in or for the undertaking and the Minister shall
comply with such a request.
(11) A person who contravenes
paragraph (1) or (2) shall be guilty of an offence and liable to a fine.
25 Requirement
for undertakings to have a licence
(1) A person shall not
carry on an undertaking in Jersey unless there is in force such licence or
licences as are appropriate for the operation of that undertaking.
(2) For the purpose of
paragraph (1) an appropriate licence is any of the following, as the case
requires –
(a) a
business licence;
(b) a
hawker’s licence;
(c) a
non-resident trading licence.
(3) Subject to paragraphs (4)
to (7), an undertaking which does not have a non-resident trading licence does
not have an appropriate licence if –
(a) there
is any significant change in the ownership of the undertaking after the date
that this Article comes into force;
(b) more
than 60 days have elapsed since that change took place; and
(c) the
person carrying on the undertaking did not make an application, by the date of
the expiry of that 60 day period, for the grant of a licence, or, if such
an application was made, it was withdrawn or, under Article 26(7), treated
as having been withdrawn.
(4) For the purposes of
paragraph (3), where the undertaking is a company with a share
capital –
(a) a
person shall be deemed to own shares if the person has any interest in them
(whether equitable, legal or contractual) other than an interest as a bare
nominee or bare trustee; and
(b) “significant”
means the acquisition of share capital (whether or not by means of one or more
acquisitions) such that the share capital in the company owned by any of the
following persons (whether or not acting collectively) is, when aggregated,
less than 60% –
(i) Entitled,
(ii) Licensed,
(iii) Entitled
for Work Only.
(4A) For the purposes of
paragraph (3), where the undertaking is a limited liability
company –
(a) a
person is deemed to own an LLC interest if the person has any interest in it
(whether equitable, legal or contractual) other than an interest as bare
nominee or bare trustee; and
(b) “significant”
means the acquisition of an LLC interest (whether or not by means of one or
more acquisitions) such that the LLC interest owned by any of the following
persons (whether or not acting collectively) is, when aggregated, less
than 60% –
(i) Entitled,
(ii) Licensed,
(iii) Entitled
for work only.[13]
(5) Paragraph (3) does
not apply to the following undertakings –
(a) an
undertaking listed on a recognised stock exchange;
(b) a
company with a share capital or a limited liability company if –
(i) there has been
one significant change in the ownership of the company or limited liability
company after 1st July 2013, and
(ii) since
that change, the amount of share capital owned by, or the LLC interest of, a
person with Entitled, Licensed to Entitled for Work Only status (whether or not
acting collectively) has not increased to 60% or more.[14]
(6) [15]
(7) The Minister shall
issue guidance concerning the application of paragraph (3) in respect of
an undertaking that is not a company with a share capital, and shall, by Order,
specify the date such guidance shall come into effect.
(8) A person who
contravenes paragraph (1) shall be guilty of an offence and liable to
imprisonment for a term of 2 years and to a fine.
(9) The Minister may by
Order provide that any undertaking or undertaking of a prescribed description
is exempt from the duty to have a licence under this Article.
(10) The Minister may, by
Order –
(a) amend
any expression of time referred to in sub-paragraphs (b) and (c) of
paragraph (3);
(b) amend
paragraphs (4) to (7) in respect of the circumstances in which there is
deemed to be a significant change in the ownership of an undertaking for the
purposes of paragraph (3).
(11) The States may, by
Regulations, repeal paragraphs (3) to (7), (10) and this paragraph.
26 Grant
and duration of a licence
(1) A person may make an
application in respect of the operation of an undertaking for a business
licence, a non-resident trading licence or a hawker’s licence as the case
requires.
(2) References in this
Article to a “licence” are to the type of licence in respect of
which an application is made.
(3) An application under
paragraph (1) shall be in such form as the Minister determines and accompanied
by such documents as the Minister may require and be accompanied by such fee as
may be prescribed.
(4) Upon receipt of an
application under paragraph (1) and such further information or documents
as the Minister may require for the purpose of determining the application, the
Minister may –
(a) grant
a licence with or without an expiry date (subject to Article 28(1)) in the
case of a hawker’s or non-resident trading licence); or
(b) refuse
to grant a licence.
(5) If the Minister grants
a licence he or she shall specify, as a condition of the licence, the nature of
the undertaking authorized by the licence and may do either or both of the
following –
(a) impose,
with reasons, such other conditions as he or she thinks fit, subject to Article 27(1);
(b) refuse
to impose, with reasons, any condition requested by the applicant.
(6) Activities which are
incidental or ancillary to, or a necessary part of, the nature of the
undertaking specified under paragraph (5) are deemed to be authorized by
the licence.
(7) If a person making an
application does not, without reasonable excuse, provide such further
information or documents under paragraph (4) within one month of the
Minister giving notice of requiring such information or documents, or such
longer period as the Minister may allow, the Minister may treat the application
as having been withdrawn.
(8) Where the
Minister –
(a) refuses
to grant a licence; or
(b) grants
a licence but refuses to grant it subject to any condition requested by the
applicant,
he or she shall give the applicant a statement in writing of reasons
for that decision and, at the same time, notify the applicant of the
applicant’s right of appeal under Article 41.
(9) In determining whether
to grant a licence, the Minister shall have particular regard to –
(a) preserving
and maximising the benefits of Jersey’s resources;
(b) promoting
a balanced and prosperous economy;
(c) protecting
the integrity and reputation of Jersey in commercial and financial matters;
(d) any
relevant policies of the States of Jersey;
(e) whether
such a grant would be in the public interest; and
(f) in
the case of a hawker’s licence, whether the applicant is a fit and proper
person.
(10) In determining whether the
applicant is a fit and proper person for the purposes of paragraph (9)(f),
the Minister may take into account any previous convictions of the applicant
that are not spent under the Rehabilitation of Offenders
(Jersey) Law 2001 and for that purpose, the Chief Officer of the States of Jersey
Police Force shall provide the Minister with such information concerning any
such previous convictions as the Minister may request.
(11) In prescribing a fee for the
purposes of paragraph (3) the Minister may make provision for a refund of
a fee in the event that an application is withdrawn or the Minister refuses the
grant of a licence.
(12) A licence shall be in such
form as may be determined by the Minister save that a hawker’s licence
shall include a photograph of the licence holder.
(13) A person who, without lawful
excuse, contravenes, or procures the contravention of, any condition of a
licence is guilty of an offence and liable to imprisonment for a term of
2 years and to a fine.
27 Specific
provisions relating to a business licence
(1) If the Minister decides
to grant a business licence under Article 26(4), the Minister shall
specify as a condition of the business licence –
(a) the
maximum number (which may be nil) of individuals with Licensed and Registered
status respectively who are permitted to work in or for the undertaking; and
(b) if
any individuals with Licensed status are so permitted, each description of work
which may be done by an individual with that status.
(2) Without prejudice to
the Minister’s general power to attach conditions under Article 26(5),
the Minister may attach conditions relating to any of the following matters in
respect of a business licence –
(a) specified
accommodation to be occupied by persons working for the undertaking with
Licensed or Registered status (such accommodation being specified individually
or with reference to a general description which may include factors relating
to price);
(b) the
number of persons with Licensed status working in or for the undertaking who
shall be prohibited from being a party to any transaction described in Article 18(1)(a);
(c) limits
on the period of time for which a person with Licensed or Registered status may
work in or for the undertaking;
(d) named
persons with Licensed or Registered status who may work in or for the
undertaking;
(e) periodic
reviews for the purpose of determining whether a variation of the licence is
appropriate.
(3) For the purposes of
complying with a condition under paragraph (1) there shall be disregarded –
(a) any
individual working in or for an undertaking who is not paid for such work; and
(b) any
individual, or individual falling within such description, as may be prescribed
by Order.
(4) The Minister may, by
Order prescribe fees for any periodic review that is the subject of a condition
of a licence.
28 Specific
provisions relating to a hawker’s licence and a non-resident trading
licence
(1) If the Minister decides
to grant a hawker’s licence or a non-resident trading licence under
Article 26(4), the Minister shall specify on the licence the period for
which the licence shall remain in force, such period not exceeding
12 months.
(2) No hawker’s
licence may be granted allowing any of the following goods to be sold or
offered or exposed for sale –
(a) tobacco;
(b) intoxicating
liquor;
(c) any
other prescribed goods.
(3) The holder of a
hawker’s licence shall produce his or her licence for inspection
forthwith on being required to do so –
(a) by
any police officer; or
(b) by
any person approaching the holder of the hawker’s licence in the course
of, and for the purposes of, his or her business as a hawker.
(4) A person carrying on an
undertaking in respect of which a non-resident trading licence has been granted
shall –
(a) ensure
that the licence is displayed in a prominent position at the place used for the
purposes of the undertaking when trade is being carried on at that place; or
(b) if
the nature of the trading is such that compliance with sub-paragraph (a)
is not possible, produce the licence for inspection forthwith on being required
to do so by any person described in paragraph (3) (as if that paragraph
referred to a non-resident trading licence).
(5) A person who
contravenes paragraph (3) or (4) shall be guilty of an offence and liable
to a fine.
29 Variation
of licences
(1) A licence holder may,
at any time, apply to the Minister to vary any condition of a licence or the
Minister may, of his or her own volition, give notice to a licence holder that
he or she intends to vary any condition of a licence.
(2) An application under
paragraph (1) shall be in such form and accompanied by such documents as
the Minister may require and be accompanied by such fee as may be prescribed.
(3) A notice under
paragraph (1) shall give the licence holder adequate opportunity to make
representations with respect to the proposed variation.
(4) Subject to paragraph (6),
the Minister may –
(a) vary
any condition as he or she thinks fit by notice to the licence holder following
receipt of an application under paragraph (1) or following consideration
of any representations under paragraph (3); or
(b) refuse
to vary a condition following receipt of an application under paragraph (1).
(5) In exercising his or
her powers under paragraph (4), the Minister shall have regard to the
factors specified in Article 26(9).
(6) The Minister shall not
vary any condition of a business licence so as to decrease the maximum number
of individuals of a specified residential and employment status permitted to
work in or for an undertaking below the number of individuals of that status
working in or for the undertaking, or who have been appointed to work in or for
that undertaking, at the time such a variation would take effect.
(7) If the
Minister –
(a) refuses
to vary a condition of a licence following an application under this Article;
(b) varies
a condition of a licence of his or her own volition;
(c) varies
a condition of a licence following an application, such variation not being
requested by the applicant,
he or she shall give the licence holder a written statement of
reasons for the decision and, at the same time, notify the licence holder of
his or her right of appeal under Article 41.
(8) A notice of a variation
of a licence shall not take effect before –
(a) the
expiration of one month from the date on which notice in writing was given to
the licence holder under paragraph (7); or
(b) the
date any appeal under Article 41 is determined by the Court or withdrawn,
whichever is the later, unless the licence holder agrees that it
should take effect at an earlier date.
30 Revocation
of a licence
(1) A licence granted under
Article 26 (whether or not varied under Article 29) may be revoked by
the Minister by giving notice in writing to the licence holder –
(a) if
the Minister is satisfied that –
(i) any information
provided in connection with the application for the licence, or an application
to vary the licence, was false or misleading in a material particular,
(ii) there
has been failure to comply with any condition of the licence,
(iii) in
the case of a business licence only, the undertaking has ceased to exist or
appears to have ceased to exist (whether or not the licence holder or the
undertaking has been wound up or dissolved),
(iv) the
licence is significantly detrimental to the interests of Jersey having regard
to the factors specified in Article 26(9), or
(v) the undertaking has
failed to pay an annual charge under Article 31 or has failed to submit
statements as required under Article 32; or
(b) if
the licence holder requests or agrees to the revocation of the licence.
(2) The Minister shall not
revoke a licence under paragraph (1)(a) unless he or she has given to the
licence holder not less than one month’s notice in writing together with
a statement of the Minister’s reasons and a notification of the licence
holder’s right of appeal under Article 41.
(3) A revocation under
paragraph (1)(a) shall not take effect before the expiration
of –
(a) a
period of one month from the date on which notice in writing was given to the
licence holder; or
(b) the
date on which any appeal under Article 41 against the revocation is
determined by the Court or withdrawn,
whichever is later, unless the licence holder request that it should
take effect at an earlier date.
(4) A revocation under
paragraph (1)(b) shall take effect on such date as the licence holder
requests or agrees with the Minister.
31 Annual
charges in respect of business licences
(1) If
a business licence permits any Licensed person to work in or for an
undertaking, the licence holder shall pay such annual charge as may be
prescribed in respect of each person so permitted (regardless of the number of
such persons working in or for the undertaking at any time).
(1A) If
a business licence permits any Registered person to work in or for an
undertaking, the licence holder shall pay such annual charge as may be
prescribed, whether in respect of each Registered person or by reference to a
number or numbers of such persons (regardless of the number of such persons
working in or for the undertaking at any time).[16]
(1B) For
the purposes of paragraph (1A), a Registered person whose labour is
supplied by the licence holder to any other undertaking shall be taken to be a
person who works in or for the licence holder.[17]
(2) The
Minister may, by Order, prescribe the date by which any annual charge is
payable.
(3) If
a person who is required to pay a charge under paragraph (1) or (1A) does
not do so on or before the prescribed date he or she shall pay a penalty to the
Minister of £250.[18]
(4) An
amount due from a person under paragraph (3) shall be recoverable as a
debt due to the States.
(5) A
person who fails without reasonable excuse to comply with paragraph (1) or
(1A) shall be guilty of an offence and liable to a fine of level 3 on the
standard scale.[19]
(6) The
States may, by Regulations, amend this Article to make provision for the
payment of an annual charge in respect of any Registered person who is
permitted by a business licence to work in or for an undertaking.
(7) The
States may, by Regulations, amend the amount of penalty in paragraph (3).
32 Undertakings
with business licences to provide statements
(1) Subject
to paragraph (1B), a person carrying on an undertaking in respect of which
a business licence has been granted shall provide to the Minister, no later
than the specified time, a statement of the following matters for each month
during which the person carries on that undertaking, namely –
(a) the
name and current residential and employment status of such persons as are
working in or for the undertaking during the month in respect of which the
statement is provided;
(b) in
respect of each named person, the number of hours for which that person was
contractually required to work; and
(c) such
other particulars as the Minister may determine.[20]
(1A) In
paragraphs (1) and (3), the “specified time” means midnight on
the 15th day after the end of the month in respect of which the statement is
made.[21]
(1B) Paragraph (1)
does not apply to a person meeting the conditions in Article 20(1B) of the
Income Tax (Jersey)
Law 1961 and making returns on an annual basis under that Article. [22]
(2) A statement made under
paragraph (1) shall be in such form as the Minister may determine.
(3) When a person required
to deliver a statement under paragraph (1) does not do so before the
specified time, he or she shall pay a penalty to the Minister of £250.[23]
(4) An amount due from a
person under paragraph (3) shall be recoverable as a debt due to the States.
(5) A person may,
within 20 days of the service of a notice under paragraph (1),
apply to the Minister in writing for a waiver under paragraph (6).
(6) The Minister may waive
a person’s liability under paragraph (1) if satisfied that
exceptional circumstances prevented, or would prevent, the person from
delivering the statement to the Minister by the time limit specified in
paragraph (3).
(7) A person who fails
without reasonable excuse to comply with paragraph (1) shall be guilty of
an offence and liable to imprisonment for a term of 6 months and to a fine
of level 3 on the standard scale.[24]
(8) The States may, by
Regulations, amend the amount of penalty in paragraph (3).
33 Appointment
of authorized persons
(1) The
Minister –
(a) may,
in writing, appoint any person who is a States’ employee within the
meaning of Article 2 of the Employment of States of
Jersey Employees (Jersey) Law 2005 to perform the functions of
an authorized person under Articles 34 to 37; and
(b) may,
instead of or in addition to appointing any person under sub-paragraph (a),
arrange with any other Minister or with any body performing functions on behalf
of the States, that any officer in an administration of the States for which
that Minister is assigned responsibility, or any officer of that body, shall
act for those purposes.
(2) Such authorization may
be either general or for a specific purpose.
34 Powers
to obtain information
(1) An authorized person
may by notice in writing served on a licence holder require the licence holder
to provide the authorized person at such time or times or at such intervals in
respect of such period or periods as may be specified in the notice, with such
information or documents as the Minister may reasonably require for the
performance of his or her functions under this Part.
(2) Where, under paragraph (1),
an authorized person has power to require the production of any documents from
a licence holder, the authorized person shall have the like power to require
the production of those documents from any person who appears to be in
possession of them.
(3) Where any person from
whom provision is required under paragraph (2) claims a lien on documents
produced by that person, the provision shall be without prejudice to the lien.
(4) The power under this
Article to require a licence holder or other person to produce any documents
includes power –
(a) to
take copies of documents that are produced;
(b) to
require an explanation of any documents that are produced; and
(c) if
the documents are not produced, to require the person who was required to
produce them to state, to the best of his or her knowledge or belief, where
they are.
(5) Any person who, without
reasonable excuse, fails to comply with a requirement imposed on the person
under this Article shall be guilty of an offence and liable to imprisonment for
a term of 6 months and to a fine of level 3 on the standard scale.[25]
(6) Nothing in this Article
shall require the disclosure or production by a person to an authorized person
of information or documents which he or she would, in an action in the Court,
be entitled to refuse to disclose on grounds of legal professional privilege.
(7) A person who
intentionally alters, suppresses or destroys any document that has been
specified in a notice under paragraph (1) shall be guilty of an offence
and liable to imprisonment for a term of 2 years and to a fine.
35 Power
to enter business premises and examine business documents
(1) An authorized person
may examine and seize any business document, including a copy of any such
document, that is located on business premises and may, for the purpose, enter
business premises either –
(a) without
a warrant if the occupier consents to such entry; or
(b) with
a warrant issued under paragraph (4).
(2) The power under
paragraph (1) may be exercised only for the purpose of facilitating the
exercise of the Minister’s functions under this Law.
(3) An authorized person
may by notice require any person to produce any specified business document at
the business premises where the business document is located for the purpose of
enabling the authorized person to exercise the power under paragraph (1)
in relation to that document.
(4) On
an application by the Minister or the Attorney General, supported by
information given on oath, the Bailiff may issue a warrant authorizing any
authorized person to enter any premises specified in the warrant for the
purpose of exercising the power under paragraph (1) if the Bailiff is
satisfied of any of the following –
(a) that –
(i) access was
demanded by the authorized person at a reasonable hour and was unreasonably
refused or, although entry to the premises was granted, the occupier of the
premises unreasonably refused to allow the authorized person to exercise any of
the powers under paragraph (1), and
(ii) the
occupier of the premises has, after the refusal, been notified by the
authorized person of the application for the warrant and has had an opportunity
of being heard by the Bailiff on the question whether or not it should be
issued;
(b) that
the case is one of urgency and that compliance with sub-paragraph (a)
would defeat the object of entry; or
(c) that
the premises are unoccupied, or unlawfully occupied, and compliance with
sub-paragraph (a) is not reasonably practicable.
(5) An authorized person
executing a warrant may use such reasonable force as may be necessary.
(6) A warrant shall be
executed at a reasonable hour unless it appears to the authorized person
executing it that there are grounds for suspecting that the evidence in
question would not be found if it were so executed.
(7) If the premises in
respect of which a warrant is issued are occupied and the occupier or any
person acting on the occupier’s behalf is present when the warrant is
executed, the authorized person executing it shall show the warrant to that
person and supply him or her with a copy of it or, if no such person is
present, the authorized person executing the warrant shall leave a copy of it
in a prominent place.
(8) An authorized person
seizing any document, whether or not in pursuant of a warrant, shall give a
receipt for it if asked to do so.
(9) Any document seized
under paragraph (8) may be retained for so long as is necessary in all the
circumstances but the person in occupation of the premises in question shall be
given a copy of anything that is seized if the person so requests and the
authorized person executing the warrant considers that it can be done without
undue delay.
(10) An authorized person shall
not exercise the powers under this Article in respect of any document which a
person would, in an action in Court, be entitled to refuse to disclose or
produce on the grounds of legal professional privilege.
36 Obstructing
an authorized person
(1) A person shall be
guilty of an offence if, without reasonable excuse, the person –
(a) obstructs
an authorized person in the exercise of the authorized person’s powers
under Article 35; or
(b) fails
to provide such reasonable assistance as an authorized person may require when
the authorized person is exercising his or her powers under Article 35.
(2) A person who
intentionally alters, suppresses or destroys any business document that has
been specified in a notice under Article 35(3) shall be guilty of an
offence.
(3) A person who is guilty
of an offence under paragraph (1) shall be liable to imprisonment for a
term of 6 months and to a fine of level 3 on the standard scale.[26]
(4) A person who is guilty
of an offence under paragraph (2) shall be liable to imprisonment for a
term of 2 years and to a fine.
37 Notices
requiring cessation of unauthorized activity
(1) If the Minister
reasonably believes that a person is carrying on an undertaking in respect of
which there is no appropriate licence as required under Article 25, the
Minister may serve a notice requiring the cessation of any activity comprised
in the operation of the undertaking.
(2) If the Minister
reasonably believes that the operation of an undertaking in respect of which a
licence has been granted under Article 26 involves an activity not
permitted by such a licence, the Minister may serve a notice requiring the
cessation of such activity.
(3) A notice under
paragraph (1) or (2) shall –
(a) specify
the nature of the activity that must cease; and
(b) give
reasons for the notice.
(4) A notice under
paragraph (1) or (2) may be served on behalf of the Minister by an
authorized person and must be served on the person carrying on the undertaking
or, if there is no person in Jersey on whom notice can be served in accordance
with Article 40, any individual present in Jersey who appears to be
responsible for carrying on the activity the cessation of which is required by
the notice.
(5) An authorized person
may, at any reasonable hour, enter business premises for the purpose of serving
a notice under paragraph (1) or (2).
(6) Any person on whom a
notice is served under this Article shall be responsible for ensuring
compliance with the notice.
(7) The Minister may, at
any time, cancel a notice served under paragraph (1) or (2) and shall
notify the recipient of the notice accordingly.
(8) A person who, without
reasonable excuse, obstructs an authorized person in the exercise of the
authorized person’s powers under paragraph (5) shall be guilty of an
offence and liable to imprisonment for a term of 6 months and to a fine of
level 3 on the standard scale.[27]
(9) If a person on whom a
notice under paragraph (1) or (2) has been served does not ensure
compliance with the notice as required by paragraph (6), the Minister may
apply to the Court for an order requiring the person to do so.
(10) On an application under
paragraph (9) the Court may make an order –
(a) confirming
or varying the terms of the notice and requiring the person to ensure
compliance with the notice within such period as the Court shall specify; or
(b) dismissing
the application,
and may make such other consequential orders, including as to costs,
as it thinks fit.
(11) Before a notice is served
under paragraph (1), the Minister may apply ex
parte to the Court for an order that the notice take effect as an
interim injunction.
(12) On an application under
paragraph (11) the Court may grant an interim injunction on such terms as
it thinks fit.
(13) Where an interim injunction
is granted, the Court shall order that the notice under paragraph (1) be
served together with the interim injunction by the Viscount, and the order
shall specify the date on which the proceedings are returnable in the Court.
(14) On the hearing of the
application to confirm the interim injunction, the Court may –
(a) confirm
or lift the interim injunction on such terms as the Court thinks fit;
(b) make
such order relating to the notice as it is empowered to make under paragraph (10);
(c) dismiss
the application,
and may make such other consequential orders, including as to costs,
as it thinks fit.
38 Register
The Minister shall keep a register of undertakings in respect of
which any licence under this Part has been granted and any person may inspect
the register during normal business hours free of charge or take a copy of any
part of the register subject to payment of any prescribed fee.
39 Application
of this Part to certain offices
(1) This Part shall not
apply to any person who is –
(a) a
member of the States;
(b) an
ordinary judge appointed under the Court of Appeal (Jersey)
Law 1961;
(c) a
jurat or a Commissioner appointed under the Royal Court (Jersey)
Law 1948;
(d) the
Viscount; or
(e) the
Judicial Greffier,
acting in his or her capacity as such.
(2) In this Article
“member of the States” shall have the same meaning as in the States of Jersey
Law 2005.
part 8
General provisions
40 Service
of notices
(1) Any
notice required by this Law to be given to any person may be given to or served
on the person in question –
(a) by
delivering it to the person;
(b) by
leaving it at the person’s proper address;
(c) by
sending it by post to the person at that address; or
(d) by
sending it to the person at that address by facsimile, electronic transmission
or other similar means that produces a document containing the text of the
communication in legible form or is capable of doing so.
(2) Any
such notice may –
(a) in
the case of a company incorporated in Jersey or limited liability company, be
served by being delivered to its registered office;
(b) in
the case of a partnership, company incorporated outside Jersey or
unincorporated association, be given to or served on the secretary or other
similar officer of the partnership, company or association or any person who
purports to act in any such capacity, by whatever name called, or on the person
having the control or management of the business, as the case may be.[28]
(3) For
the purposes of this Article and of Article 7 of the Interpretation (Jersey) Law 1954 in its application to this Article, the proper address of any
person to or on whom a notice is to be given or served by post shall be the
person’s last known address or, where a notice is served as described in
paragraph (2), the last known address of the registered office (if there
is one) or main business address of the company, limited liability company,
partnership, or unincorporated association.[29]
(4) If
the person to or on whom any notice is to be given or served has notified the
Minister of an address within Jersey, other than the person’s proper
address within the meaning of paragraph (3), as the one at which the
person or someone on the person’s behalf will accept documents, that
address shall also be treated for the purposes of this Article and Article 7
of the Interpretation (Jersey) Law 1954 as the person’s proper address.
41 Appeals
(1) In this Article,
“decision” means a condition, determination, refusal, revocation,
variation or notice described in paragraph (2), as the case requires.
(2) A person aggrieved by
a –
(a) condition
relating to a person’s residential and employment status determined by
the Minister under Regulations made under Article 2(2)(b);
(b) a
determination of a persons’ residential and employment status under
Article 3(5);
(c) determination
under Article 15(3) in respect of the categorization of a unit of dwelling
accommodation or the conditions relating to such categorization;
(d) refusal
to grant consent for occupation of a unit of dwelling accommodation under
Article 17(2);
(e) refusal
to grant consent to a purchase by a legal person under Article 20(2) or
the imposition of a condition under Article 20(5);
(f) refusal
of the grant of a licence under Article 26(4);
(g) the
imposition of a licence condition under Article 26(5) or Article 27(2)
or the refusal to impose a requested licence condition under Article 26(5);
(h) variation
or refusal to vary a condition of a licence under Article 29(4);
(i) revocation
of a licence under Article 30;
(j) a
notice requiring cessation of activity under Article 37(1) or (2),
may, within 2 months of the date of the decision, or within
such longer period as the Court may allow, appeal to the Court on the ground
that the decision is unreasonable having regard to all the circumstances of the
case.
(3) On hearing the appeal,
the Court may –
(a) confirm,
reverse or vary the decision against which the appeal is brought;
(b) make
such interim Order as it thinks fit; and
(c) make
such order as to the costs of the appeal that it thinks fit, including any
order with respect to the payment of costs or the payment of any compensation
by the Minister resulting from any expected diminution in the value of land
following a successful appeal under paragraph (2)(c).
42 Statistical information
(1) The
Minister may use any information obtained for the purposes of this Law for
providing statistical information to any Minister for the purpose
of –
(a) assisting
in the development and evaluation of public policy; and
(b) informing
the public about social and economic matters.
(2) For
the purposes of paragraph (1), “statistical information” does
not include personal information that is, information that relates to and
identifies a particular person, whether the identity is specified in the
information or can be deduced from the information.
43 Persons
authorized to act for other persons
(1) In this Article, acting for another person
means applying for a registration card under Article 3 for that other
person or notifying the Minister of the information which that other person is
required to notify under Article 9.
(2) The Minister may –
(a) authorize
a person to act for another person;
(b) by
Order authorize a person of any description to act for another person of any
description.
(3) An
authorization of any person may be revoked at any time by the Minister in his
or her absolute discretion.
(4) A
person authorized under paragraph (2)(a) may resign after giving one
month’s notice in writing to the Minister.
(5) The
duty of a person under Article 3(1) or 9(1) is discharged if a person who
is authorized to act for that person under this Article complies with that
duty.
44 Regulations
and Orders: general provisions
(1) The Minister may by
Order prescribe any matter that shall or may be prescribed under this Law.
(2) Any Regulations or
Order under this Law may contain such transitional, consequential, incidental
or supplementary provisions as appear to the States or the Minister, as the
case requires, to be necessary or expedient for the purposes of the Regulations
or Order.
45 Providing false or misleading information
A person who knowingly or recklessly provides information under any
Article of this Law, such information being false or misleading in a material
particular shall be guilty of an offence and liable to imprisonment for a term
of 2 years and to a fine.
46 Offences
by bodies corporate, etc.
(1) If an offence under
this Law committed by a limited liability partnership or a body corporate is
proved to have been committed with the consent or connivance of –
(a) a
person who is partner of the partnership, or a director, manager, secretary or
other similar officer of the body corporate; or
(b) any
person purporting to act in any such capacity,
the person shall also be guilty of the offence and liable in the
same manner as the partnership or body corporate to the penalty provided for
that offence.
(2) If an offence under
this Law which may be committed negligently is proved to be attributable to the
neglect of –
(a) a
person who is partner of the partnership, or a director, manager, secretary or
other similar officer of the body corporate; or
(b) any
person purporting to act in any such capacity,
the person shall also be guilty of the offence and liable in the
same manner as the partnership or body corporate to the penalty provided for
that offence.
(3) If the affairs of a
body corporate are managed by its members, paragraphs (1) and (2) shall
apply in relation to acts and defaults of a member in connection with his or
her functions of management as if the member were a director of the body
corporate.
47 Liability
Neither the States, nor a Minister, nor a person who is acting as an
officer, servant or agent, in an administration of the States for which a
Minister has responsibility, or performing any duty or exercising any power on
behalf of a Minister, shall be liable in damages for anything done or omitted
to be done in the discharge or purported discharge of any functions under this
Law or any enactment made or purportedly made under this Law
unless –
(a) it is shown that the
act or omission was in bad faith; or
(b) liability arises in
respect of an act or omission that is unlawful as a result of Article 7(1)
of the Human Rights (Jersey)
Law 2000.
48 Housing
and Work Advisory Group
(1) There shall be
constituted a group to be known as the Housing and Work Advisory Group
(referred to in this Article as “Group”).
(2) An Assistant Minister
of the Minister shall chair the Group.
(3) The Group shall include
the Minister for Housing and the Minister for
Sustainable Economic Development.[30]
(4) The Minister may
appoint to the Group such other persons, including any elected member of the States,
as the Minister may determine, such other persons being appointed for the
general purposes described in paragraph (5) or for a specific purpose
only.
(5) The Minister may refer
to the Group for consideration and advice –
(a) any
matters in connection with the discharge of the Minister’s functions
under this Law; and
(b) proposals
for any changes in enactments related to matters under this Law.
(6) The Group shall
consider any proposals referred to them under paragraph (5)(b) and draft a
report to the Minister containing such recommendations with regard to the
subject matter of the proposals as they think appropriate.
(7) If the Minister
presents any Proposition to the States which comprises the whole or any part of
the subject matter of any proposals which are the subject matter of a report
under paragraph (6), the Minister shall present to the States a copy of
the Group’s report with the Proposition.
(8) Except to the extent
that the Minister directs otherwise, the Group may determine its own procedures.
part 9
transitional and saving provisions, repeals and
consequential amendments
49 Occupation
of housing under the Housing
Regulations
(1) Notwithstanding
anything in this Law any person who, immediately before 1st July 2013, is in
lawful occupation of a unit of dwelling accommodation, may continue to occupy
that unit notwithstanding the commencement of any provision in this Law until
the date that person no longer occupies that unit as his or her ordinary
residence provided that the person continues to comply with any condition to
which that occupation is subject.
(2) Any person who would
have been entitled to occupy land under Regulation 5A(b) of the Housing
Regulations immediately before 1st July 2013 may occupy that land under a
licence granted on and after 1st July 2013 by a person who inherited such land
before 1st July 2013, subject to any condition to which such occupation is
subject.
50 Licences
granted under the RUD Law 1973 and the Hawkers Law 1965
(1) Any licence granted
under the RUD Law 1973 for the purpose of any activity for which a licence
was required under the Part “Regulation of Undertakings”, such
licence being in force immediately before 1st July 2013, shall be deemed to be
a business licence granted under Article 26(4) of this Law and any
conditions subject to which that licence was granted under the RUD
Law 1973 shall be deemed to be conditions subject to which the licence was
granted under Article 26.
(2) Any hawker’s or
non-resident licence granted under Article 2 of the Hawkers Law 1965
immediately before 1st July 2013 shall, as the case may be, be deemed to be a
hawker’s licence or a non-resident trading licence granted under Article 26(4)
of this Law in relation to the goods specified in the licence and any
conditions subject to which that licence was granted shall deemed to be
conditions subject to which such licence was granted under Article 26.
(3) Articles 6(1) and
(2) and 7(1) of the Hawkers Law 1965 shall apply to a hawker’s
licence deemed to be granted under paragraph (2) as if those provisions
were conditions subject to which the licence was granted under Article 26(5)
of this Law.
(4) Notwithstanding
paragraphs (1), (2) and (3), in the event of any conflict between any provision
of this Law and a condition to which a licence is deemed to be subject under
this Article, the former shall prevail.
(5) A condition shall not
be deemed under paragraph (1), (2) or (3) to be a condition subject to
which a licence is granted under Article 26 if it is a condition falling
within a description specified in an Order made by the Minister.
51 Consequential
amendments, savings and transitional provisions
The States may, by Regulations –
(a) amend any enactment in
consequence of any provision of this Law;
(b) make such transitional
provisions and savings as it considers necessary or expedient, including
amendment of this Law, in respect of any provision of this Law.
part 10
closing
52 Citation
This Law may be cited as the Control of Housing and Work (Jersey)
Law 2012.