Control of Housing
and Work (Jersey) Law 2012
A LAW to make provision for the
control and regulation of housing and work in Jersey, and for connected
purposes.[1]
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;
“determining officer” means a person who is appointed by
the Minister to carry out determinations of applications and related matters
under this Law;
“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;
“ordinary residence” for the purposes of this Law is to
be determined in accordance with guidance issued by the Minister under Article
42A;
“Panel” means the Housing and Work Control Panel
established under Article 48;
“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;
“registered contract” means a contract passed before the
Court and registered in the Public Registry of Contracts;
“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;
“staffing licence” is to be construed in accordance with
Article 27(1);
“States body” has the same meaning as in the Public Finances (Jersey) Law 2019;
“status” means a status under this Law within the
meaning given by Article 2;
“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 sub-paragraph (c) in the
definition “business” in Article 23(1);
“working day” excludes Christmas Day, Good Friday,
Saturday, Sunday and a public holiday under the Public Holidays and Bank Holidays (Jersey)
Act 2010.[2]
(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 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.[3]
Part 2
Residential
and employment status
2 Residential
and employment status
(1) For the purposes of residence and work in Jersey, a person
must, unless they are exempted from this requirement by provision under paragraph (6),
have an appropriate status under this Law.[4]
(2) A
person has an appropriate status if –
(a) they
fulfil the conditions specified in relation to that status;
(b) they
have acquired the status in one of the ways set out in paragraph (3); and
(c) their
status has not expired, or has not been otherwise lost
or revoked.[5]
(3) A
person’s status is acquired in one of the following ways –
(a) in
the case of a person who, on the day immediately preceding the day on which Article
4 of the Control of Housing and Work (Amendment) (Jersey) Law 2022 comes into
force, already possesses a residential or employment status under this Law as
unamended by the Control of Housing and Work (Amendment) (Jersey) Law 2022, by
the application of such transitional provisions as may be made by the States in
Regulations;
(b) in
the case of a person who is or is to be employed by a business with an
appropriate staffing licence, by the allocation of the status to the person by
that business in accordance with the terms of the licence;
(c) by a
determination of the person’s status under Article 3; or
(d) in
accordance with such further provision as may be made by the States in
Regulations under paragraph (6).[6]
(4) A
person must make an application for a determination of status in accordance
with Article 3, if the person wishes –
(a) to
acquire an appropriate status, where paragraph (3)(a) or (b) does not
apply; or
(b) to vary
or confirm a status already acquired under this Law (whether
or not as amended by the Control of Housing and Work (Amendment)
(Jersey) Law 2022).[7]
(5) Evidence
of a person’s status under this Law is to be provided in accordance with
Article 4, and no evidence or purported evidence of status is acceptable
for the purposes of this Law unless it complies with the requirements of that
Article.[8]
(6) The
States may by Regulations make all such provision as is necessary to give full effect to this Article, and for this purpose
may in particular –
(a) specify
different types of status as appropriate in relation to different housing
categories, specified transactions, businesses or types of work under this Law;
(b) specify
conditions or circumstances in which a person will acquire, or lose, a
particular status, or a status may be amended or revoked;
(c) make
provision for a particular status to be subject to such conditions as may be
prescribed, including conditions relating to the occupancy of housing of a specified
category or of a specified unit of dwelling accommodation;
(d) make
provision as to the treatment, in relation to housing and work in Jersey, of
persons whose previous status under this Law has expired, has been revoked, or
is otherwise indeterminate;
(e) make
provision as to the circumstances in which an application for a determination
of status need not be considered;
(f) provide
that a person of a specified description is exempt from the requirement to have
a status under this Law;
(g) confer
a power, or impose a duty, on the Minister to make, by Order, any provision
that may be made by Regulations.[9]
(7) In
paragraph (1) “residence” means ordinary residence in Jersey
for a period of 3 months or more.[10]
(8) [11]
(9) [12]
3 Determination
of status, and application for determination[13]
(1) A
person’s status is to be determined in accordance with this Article,
and –
(a) if a
person fulfils the specified conditions for a particular status, then subject
to such exceptions as may also be specified, and to any exemptions in
Regulations under Article 2(6), the determination must be that the person
has that status; or
(b) if a
person fulfils the specified conditions for more than one status, the
determining officer must determine, having regard to –
(i) the
population policy of the Council of Ministers as agreed under Article 2 of
the States
of Jersey Law 2005,
(ii) any
other relevant strategic objective of the States of Jersey,
(iii) any guidance
issued by the Minister under Article 42A, and
(iv) such
other factors as may be specified by the States in Regulations,
that the person has one particular status.
(2) A
determining officer must, subject to paragraph (8), make
a determination of status within a reasonable time following receipt of
an application for such a determination.
(3) A
determination of status may be made –
(a) in a
case where Article 2(3)(a) applies and the person concerned –
(i) wishes
to obtain evidence confirming their status, where such evidence is required by
this Law, or
(ii) believes
their status to have changed; or
(b) by a
determining officer, whether or not an application has
been made by the person concerned, in such circumstances and such manner as may
be prescribed.
(4) An
application for determination of status –
(a) may
be made using such form as the Minister may prescribe and make available,
including by electronic means, for that purpose;
(b) must
contain such details as the Minister may prescribe; and
(c) must
be accompanied by –
(i) such
documents or other information as the Minister may reasonably require, and
(ii) such
fee as the Minister may prescribe.
(5) Before
determining a person’s status, a determining officer may require the person
to provide such additional documents or information as the officer may consider
necessary, or to attend in person at such place as the officer may specify, for
the purposes of –
(a) verifying
the person’s identity; or
(b) determining
the person’s status.
(6) A
determining officer may –
(a) determine
that a person has a particular status, whether or not
that status is the same as the status applied for;
(b) refuse
to determine an application, on such grounds as may be specified by the States
in Regulations under Article 2(6), or in an Order under such Regulations;
or
(c) refer
the matter to the Panel under paragraph (8).
(7) In
granting a particular status, the determining officer may specify such
conditions as may be specified by Regulations under Article 2(6), or by an
Order under such Regulations, in relation to that status.
(8) In
any case where a determining officer is, despite applying any guidance issued
under Article 42A, unable to make a determination,
the determining officer must refer the matter to the Panel for consideration
and in such a case the determining office must notify the person concerned, in
writing, of the referral.
(9) Having
received a recommendation following the Panel’s consideration, under
Article 48, of a matter referred to the Panel under paragraph (8),
the determining officer must give effect to the Panel’s recommendation,
unless the determining officer is satisfied that there are reasons (including,
by way of example, the withdrawal of the application) why the recommendation
cannot be given effect.
(10) A
person aggrieved by –
(a) a
determination of status under paragraph (3)(b) or (6)(a);
(b) a
refusal to determine an application, under paragraph (6)(b): or
(c) a
condition imposed under paragraph (7),
may request, in accordance
with Article 40A, a review of the determining officer’s decision by
the Panel.
4 Evidence
of status[14]
(1) Following
the determination of a person’s status or a review of such a
determination, the determining officer must provide –
(a) evidence
of the person’s status according to the determination or review; or
(b) where
an application is refused, a statement of the decision and of the reasons for
it.
(2) Evidence
of status must contain at least the information specified in this Article, but
may be provided in such form and manner, whether digital or otherwise, as the
Minister may consider expedient.
(3) Evidence
of status is not sufficient for the purposes of this Law unless it contains the
following information in respect of the person whose status it evinces –
(a) name and,
in the case of an insured person, social security number;
(b) status;
(c) date
of commencement of status;
(d) date
of expiry of status, if any, in accordance with Regulations under Article 5;
(e) any
condition to which the status is subject; and
(f) such
other information as may be specified, whether generally or in respect of a
particular status, by any Regulations or Order under this Part.
(4) In
sub-paragraph (3)(a) –
“insured
person” has the same meaning as given by Article 3 of the Social
Security (Jersey) Law 1974;
“social security
number” means the number referred to in Article 2 of the Social
Security (Collection of Class 1 and Class 2 Contributions) (Jersey)
Order 2013.
5 Duration
and validity of status[15]
(1) The
States may by Regulations make provision as to –
(a) the
duration of status under this Law, whether generally or in relation to a
particular status, employment or type of work, including limiting such duration
by specifying a period of time, or by reference to any
date or event;
(b) arrangements
in the case of expiry of a status which is time- limited; and
(c) the
circumstances in which a type of status or a particular status may be revoked.
(2) If
a person loses a document or other item (including an electronic item) which
provides evidence of their status, the loss does not, by itself, have any
effect on the person’s status as acquired in accordance with this Part
and Regulations made under it.
6 Offences
and penalties concerning evidence of status, etc.[16]
(1) A
person who knowingly makes any false statement or withholds any material
information for the purpose of –
(a) obtaining
any status, or evidence of status, for themself or another person;
(b) preventing
the acquisition of status or the issue of any evidence of status; or
(c) procuring
the imposition of a condition in relation to a status or evidence of status,
is guilty of an offence and
liable to imprisonment for a term of 2 years and to a fine.
(2) A
person (the “representor”) who –
(a) with
intent to deceive and for the purpose of undertaking work or obtaining either
accommodation, or a status conferring a right to residence, under this Law; or
(b) obtaining
any benefit under any other enactment,
for themself or for another
person (“A”), represents to any further person that the representor
or A enjoys a status which they do not enjoy under this Law, is guilty of an
offence and liable to imprisonment for a term of 2 years and to a fine.
(3) 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
evidence of status; or
(b) makes
or has in their possession any document so closely resembling evidence of
status 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.
(4) A
person who –
(a) purports,
or agrees, to assign, sell, or transfer any evidence of status; or
(b) wilfully
defaces or destroys any evidence of status,
is guilty of an offence and
liable to a fine of level 3 on the standard scale.
(5) A
purported sale, transfer or assignment of any evidence of status is of no
effect.
(6) Where
a person is convicted of an offence under any of paragraphs (1)(a), (2) or
(3), a status acquired in consequence of the act of deception constituting or
forming part of the offence, is revoked.
Part 3
DETERMINATION
OF STATUS: INDIVIDUALS[17]
7 Requirement
for initial determination[18]
(1) A person who comes to
live in Jersey and who meets the conditions described in paragraph (4)
must make an application, within the time limit specified in paragraph (5),
for determination of their status.[19]
(2) Paragraph (1) does
not apply to a person who, within the time limit specified in paragraph (5),
has an appropriate status for the purposes of Article 24.[20]
(3) [21]
(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 on which the person attains school leaving age.[22]
(5) The
application for a determination of status 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.[23]
(6) [24]
(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 makes an application under Article 3 or otherwise acquires a
status under Article 2(3); or
(b) no
later than 3 months after the date the child starts a period of
3 months continuous ordinary residence in Jersey.[25]
(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 on which 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 on which 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.[26]
(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 of paragraph (1) or (3) do not apply to a person in respect
of information –
(a) which
has been notified to the Minister under Article 7 or under a provision of
any other enactment; and
(b) which
is the same, or substantially the same, information as the information required
for the purposes of either of those paragraphs.[27]
(12) A
person who, without reasonable excuse, 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.[28]
(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 share information[29]
(1) The
Minister may, for the purposes of facilitating compliance with this Law, obtain
from or disclose to a parish or any department or administration for which
another Minister is assigned responsibility, any information held by the
Minister or (as the case may be) by that parish, department or administration
in relation to an individual, including in particular –
(a) full
name (including any title);
(b) date
of birth;
(c) current
address;
(d) current status and, if any, date of expiration of status.
(2) The
Minister may, for the purpose of facilitating compliance with this Law, obtain
from or disclose to the Comptroller relevant information held by the Minister
or (as the case may be) by the Comptroller in relation to any person.
(3) Information
may be disclosed under this Article –
(a) in
such manner as the Minister may direct; and
(b) whether
or not the disclosure is requested by or on behalf of the person to whom the
disclosure is made.
(4) A
power conferred by this Article may be exercised notwithstanding anything in
any enactment to the contrary.
(5) In
paragraph (2) –
“Comptroller”
means the Comptroller of Revenue under Article 2 of the Revenue
Administration (Jersey) Law 2019;
“relevant
information” means such information, and only such information, as may be
reasonably required for the purpose mentioned in that paragraph.
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.[30]
(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 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).[31]
(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 must have regard
to any relevant factors relating to the supply of and demand for housing,
including the interests of persons having a particular status, and may have
regard to any other factors the Minister considers relevant.[32]
(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 housing of a particular category[33]
(1) A person must not
occupy, as their ordinary residence, a unit of dwelling accommodation of a
category mentioned in Article 11(1), unless –
(a) the
person has the appropriate status to do so, as may be specified by the States
in relation to that category by Regulations;
(b) the
person occupies the unit with the consent of another person who has such an
appropriate status as mentioned in sub-paragraph (a), provided that the
other person occupies the whole or a substantial part of that unit as their
sole or principal place of residence in Jersey;
(c) the
person does not have such an appropriate status but has purchased the unit as a
party to a specified transaction described in Article 18(1)(a), to which
the person’s spouse or civil partner, being a person having such an
appropriate status, was also a party in the same capacity;
(d) the
person acquired the unit by inheritance; or
(e) the
person occupies the unit with the consent of the Minister under
paragraph (2).[34]
(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 Prohibitions
in respect of parties to specified transactions[35]
(1) In
this Article, “P” means an individual person who seeks to acquire
land by means of a specified transaction relating to that land.
(2) A
person must not enter into a specified transaction
unless P has the appropriate status enabling P to do so.
(3) The
States may by Regulations specify a particular type of status as appropriate in
relation to one or more descriptions of specified transaction.
(4) For
the purposes of this Article references to the acquisition of land mean
acquiring land as a purchaser, lessee or transferee.
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.[36]
(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 the
appropriate status.[37]
(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
of Part 7[38]
(1) In this
Part –
“authorized person” means the Minister or any individual
authorized by the Minister under Article 33 to perform functions under
this Part;
“business” has the meaning given by Article 23;
“business document” means a document that –
(a) relates
to the carrying on of a business; or
(b) forms
part of a record relating to a business and required to be kept under any
enactment;
“business premises” means premises used for or in
connection with the carrying on of a business, whether or not
the premises also comprise or are in a person’s place of residence, or
are the sole premises used for that purpose;
“non-resident business” means a business carried on by a
person who –
(a) is
not ordinarily resident in Jersey; or
(b) does
not have any permanent business premises in Jersey,
but who carries on business in Jersey;
“payment” refers to any form of remuneration,
including –
(a) commissions
and benefits in kind; and
(b) rents
and receipts for the provision of accommodation;
“States trading operation” means a trading operation
designated under the Public Finances (Jersey) Law 2019 or taken to be designated as
such under another enactment;
“subsidiary” has the same meaning as given by Article 2
of the Companies (Jersey)
Law 1991.
(2) A reference in this
Part –
(a) to a
“licence”, without more, is to all or any of the types of licence
which may be granted under this Part, as the context permits or requires;
(b) to
the conditions of a licence, includes reference to its duration;
(c) to an
appeal or a review being finally determined, is to the point at which all
procedures for appeal or review under this Law have been exhausted, or the
conclusion of a review has been accepted by all the parties to the review,
whichever occurs first.
23 Meaning
of “business”[39]
(1) For the purposes of
this Part “business” includes, subject to the further provisions of
this Article, 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, whether or not
carried on for profit.
(2) A trade, business or
activity is not a business for the purposes of this Part if no individual
working for the trade, business or activity is paid for such work.
(3) Where a business is not
carried on by a legal person, any individual having responsibility for the
management, direction or control of the business is treated as carrying on that
business.
(4) In determining whether
a business is being carried on in Jersey –
(a) if
the business has a physical presence in Jersey, it is irrelevant whether the
business or a subsidiary of that business has an address of any kind in Jersey;
and
(b) in
any case it is irrelevant whether activities carried on in Jersey and comprised
in the business are ancillary to any trade or business carried on by the
business outside Jersey.
(5) In this Part,
“physical presence” may refer to the physical presence in Jersey
of –
(a) any
person working in or for the business; or
(b) any
item in the custody or ownership of the business,
but for the avoidance of doubt, the presence in Jersey of a person
working in or for a business which carries on activities outside Jersey, for
the purpose only of meeting staff of another business, does not of itself
constitute physical presence of the business for which that person works.
(6) Each parish, States
trading operation and States body is a separate business for the purposes of
this Part.
24 Appropriate
status for work, and staffing licences[40]
(1) An individual must not
work in Jersey unless they have the appropriate status to do so, or unless
either –
(a) the
individual is exempted, by provision under Article 2(6)(f), from the
requirement to have such a status; or
(b) the
business for which the individual works is a non-resident business.
(2) A business, other than
a non-resident business, must not employ an individual unless –
(a) the
individual has the appropriate status; and
(b) the
business, unless otherwise specified under paragraph (6)(b), has the
appropriate staffing licence.
(3) For the purposes of
this Part the appropriate status is the status specified, in relation to the type
of work or business in question, by Regulations under paragraph (6), or by
an Order under such Regulations.
(4) The appropriate
staffing licence is a licence of a type which –
(a) is
specified, in relation to the business and, where appropriate, the type of work
in question, by Regulations under Article 27 or by an Order under such
Regulations; and
(b) permits
a person of the appropriate status to work for the business in question and,
where a type of work is specified in the staffing licence, to carry out that
type of work.
(5) For the avoidance of
doubt –
(a) the
total number of persons specified in a staffing licence may consist of, or include, one or more named individuals; and
(b) neither
a licence nor a status is appropriate if it has expired or has been revoked.
(6) The States may by
Regulations make all such provision as is necessary to give full effect to
this Article, and for this purpose may in particular –
(a) specify
different types of licence, or conditions of licences, as appropriate for different
businesses;
(b) specify
businesses, or types of business or work, which are not required to have a
particular type of licence, or any licence under this Part;
(c) specify,
and make all such provision as may be necessary for determination of, the
appropriate status or appropriate staffing licence in relation to particular
businesses or types of business or work, including (by way of example)
part-time work or the supply of workers by one business to carry out work or
services for other persons; and
(d) confer
a power or impose a duty on the Minister to make, by Order, any provision that
may be made by Regulations.
(7) A person who, without
reasonable excuse, contravenes paragraph (1) or (2) is guilty of an
offence and liable to a fine.
25 Requirement
for business to have appropriate licence[41]
(1) A person shall not
carry on a business in Jersey, other than one exempted by Regulations under
Article 24 or by an Order under such Regulations, unless there is in force such
licence or licences as are appropriate for the operation of that business.[42]
(2) For the purpose of
paragraph (1), an appropriate licence is a licence of the type which is specified, by Regulations under
Article 24 or by an Order under such Regulations, in relation to the
business or type of business in question.[43]
(3) Subject to
paragraphs (4) and (5), a business does not have an appropriate licence
if –
(a) there
is a significant change in the ownership of the business; and
(b) within
the period of 60 days immediately following that change, the person who,
following the change, is carrying on the business did not make an application
under Article 26 for the grant of a new licence (or, if such an
application was made, it was withdrawn or treated under Article 26(4) as
having been withdrawn).[44]
(4) The Minister may, in
guidance under Article 42A, specify descriptions or numbers of change in
ownership, in relation to particular businesses or
types of business, which are to be regarded as significant for the purposes of
paragraph (3).[45]
(4A) [46]
(5) Paragraph (3) does
not apply to a business which is listed on a recognised stock exchange.[47]
(6) [48]
(7) [49]
(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) [50]
(10) In paragraph (5),
“recognised stock exchange” means –
(a) the
Channel Islands Stock Exchange;
(b) any
market for the buying and selling of securities which is situated in, and
recognised 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 such exchange approved in writing by the Minister. [51]
(11) [52]
26 Application
for licence[53]
(1) An application for a
licence must be made, in accordance with this Article, by every person carrying
on a business in Jersey.
(2) The application must be
made using the form which the Minister makes available for the purpose,
including by electronic means.
(3) The application must be
accompanied by –
(a) such
information or documents as the determining officer may reasonably require; and
(b) such
fee as the Minister may prescribe.
(4) If, without reasonable
excuse, the applicant does not, within one month or such longer period as the determining
officer may permit, provide any further material required under paragraph (3)(a),
the determining officer –
(a) may
treat the application as having been withdrawn; but
(b) must
notify the applicant in writing that the application has been so treated, and
of the applicant’s right to a review under Article 40A.
26A Grant and duration
etc. of licence[54]
(1) A determination of an
application must be made by a determining officer within a reasonable time
following receipt of the application and any other items required to accompany
the application under Article 26(3).
(2) The determining
officer, having regard to any guidance issued by the Minister under
Article 42A and to the matters listed in paragraph (3),
may –
(a) grant
a licence, and in doing so the determining officer must specify –
(i) the
nature of the business to which the licence relates,
(ii) the
date on which the licence is granted and the duration (which may be indefinite)
or expiry date of the licence,
(iii) such
conditions as may be imposed under paragraph (4), and
(iv) such
other particulars as the Minister may prescribe;
(b) refuse
to grant a licence; or
(c) in a
case where the determining officer is, despite having regard to the matters
listed in paragraph (3) and applying any guidance issued under Article 42A,
unable to make a determination, the determining officer must refer the
application to the Panel for consideration, and in such a case must notify the
applicant, in writing, of the referral.
(3) In determining whether or not to grant a licence, and in imposing any
limitation of time or other conditions, the determining officer must have
regard to all relevant matters, including –
(a) the
population policy of the Council of Ministers as agreed under Article 18
of the States of Jersey
Law 2005, and any other relevant policy of the States of Jersey;
(b) preserving
and maximising the benefits of Jersey’s resources, including
Jersey’s biodiversity and natural environment;
(c) promoting
a balanced and prosperous economy;
(d) protecting
the integrity and reputation of Jersey in commercial and financial matters; and
(e) whether
such a grant or condition would be in the best interests of the public of
Jersey.
(4) In granting a licence
the determining officer may impose, with reasons, such conditions as, subject
to paragraph (6) in the case of a non-resident business licence or to
Article 27 in the case of a staffing licence, the determining officer may
think fit.
(5) Where the determining
officer –
(a) refuses
to grant a licence;
(b) grants
a licence, but imposes a condition; or
(c) grants
a licence, but in part only, or to an extent other than as requested by the
applicant,
the determining officer must give the applicant a statement in
writing of the reasons for the decision and of the applicant’s right to a
review under Article 40A.
(6) Where the determining
officer decides to grant a licence in respect of business carried on in Jersey
by a non-resident business, the determining officer must specify –
(a) the
period, not exceeding 12 months, for which the licence is to remain in
force; and
(b) the
type of business for which the licence is granted, including the details of any
relevant contract.
(7) Evidence of the grant
of a licence must be provided to the applicant, and the provisions of
Article 4(2) to (4) apply for this purpose, but as though references in
those provisions to a status were references to a licence.
(8) Activities which are
incidental or ancillary to, or a necessary part of, the nature of the business
specified under paragraph (2)(a)(i) are deemed
also to be authorized by the licence.
(9) Having received a
recommendation following the Panel’s consideration, under
Article 48, of a matter referred to the Panel under paragraph (2)(c),
the determining officer must give effect to the Panel’s recommendation,
unless the determining officer is satisfied that there are reasons
(including, by way of example, the withdrawal of the application) why the
recommended determination cannot be given effect.
(10) A person who, without
reasonable excuse, contravenes or procures the contravention of a condition of
a licence, is guilty of an offence and liable to imprisonment for a term of
2 years and a fine.
27 Specific
conditions of a staffing licence[55]
(1) This Article applies
where a licence (a “staffing licence”) is granted to a business
involving work or services which are carried out in Jersey by persons who are
paid by the business for such work or services.
(2) In granting a staffing
licence the determining officer may impose, as conditions of the
licence –
(a) the
nature of each type of work or activity of the business in relation to which
the staffing licence is granted;
(b) in
relation to any status or type of work specified in the staffing licence, the
maximum number of individuals of that status permitted to work in or for the
business;
(c) the
duration of the staffing licence (which may be no longer than such period as is
specified by Regulations under paragraph (5) or by an Order under such Regulations, and may be expressed either as a period of time or by reference to any date or event).
(3) Without prejudice to
paragraph (2), in granting a staffing licence a determining officer may
also specify other conditions, in particular such conditions as may be
prescribed in relation to particular businesses or
types of business, particular roles or types of role, or a particular status,
including –
(a) conditions
as to duration, whether expressed as a period of time
or by reference to any date or event, for which persons of a particular status
may work in or for a business; and
(b) the
identity and status of persons who may work in or for a business, including
named individuals.
(4) If a staffing licence
is, by a condition of the licence, made subject to a periodic review, the
Minister may prescribe fees for that review.
(5) The States may by
Regulations make all such further provision as is considered necessary in
relation to staffing licences, including provision as to –
(a) the
withdrawal or termination of such licences;
(b) the
imposition, review, variation or suspension of conditions in such licences; and
(c) the
allocations of roles and numbers of individuals, which may be made by
conditions of such licences.
(6) Regulations under
paragraph (5) may confer a power or impose a duty on the Minister to make,
by Order, any provision that may be made by such Regulations.
28 [56]
29 Renewal
or other variation of licences[57]
(1) The holder of a licence
may, at any time while the licence is in force, make an application to vary a
condition of the licence, but if the condition relates to the duration of the
licence, an application to extend the licence (with or without variation of any
other condition of the licence) must be made no later than the prescribed time.[58]
(1A) A determining officer may, at any
time while a licence is in force, serve notice in writing on the licence holder
of the officer’s intention to vary a condition of the licence.[59]
(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
(1A) shall give the licence holder adequate opportunity to make representations
with respect to the proposed variation.[60]
(4) Following an
application under paragraph (1), or the consideration of any
representations received under paragraph (3), a determining officer
may –
(a) refuse
the application;
(b) vary
the licence, whether as requested by the licence holder or otherwise; or
(c) in a
case where the determining officer is, despite having regard to any relevant
matters listed in Article 26A(3) and applying any guidance issued under
Article 42A, unable to take a decision, the determining officer must refer
the application to the Panel for consideration, and in such a case must notify
the applicant, in writing, of the referral.[61]
(5) In
taking a decision such as described in paragraph (4)(a) or (b), the determining
officer must have regard to the matters listed in Article 26A(3).[62]
(6) The
determining officer must serve notice in writing on the licence holder
of –
(a) a
decision taken by the officer under paragraph (4)(a) or (b) and the
reasons for it; and
(b) the
licence holder’s right to a review under Article 40A.[63]
(7) Unless
the licence holder agrees otherwise, a notice under paragraph (6) does not
take effect before whichever is the sooner of –
(a) the
expiration of one month from the date of the notice; or
(b) the
date on which any review or appeal is finally determined or withdrawn.[64]
(8) Having
received a recommendation following the Panel’s consideration, under
Article 48, of a matter referred to the Panel under paragraph (4)(c),
the determining officer must give effect to the Panel’s recommendation,
unless the determining officer is satisfied that there are reasons
(including, by way of example, the withdrawal of the application) why the
recommendation cannot be given effect.[65]
30 Revocation
and expiry of a licence[66]
(1) A licence granted under
Article 26A (whether or not varied under Article 29)
may be revoked by the determining officer by giving notice in writing to the
licence holder –
(a) if the
determining officer 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) the
business has ceased to exist or appears to have ceased to exist (whether or not the licence holder or the business has been
wound up or dissolved),
(iv) the
licence is significantly detrimental to the interests of Jersey having regard
to relevant matters listed in Article 26A(3), or
(v) the business 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.[67]
(2) The determining officer
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 determining officer’s reasons and a
notification of the licence holder’s right to a review under Article 40A.[68]
(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 review or appeal is finally determined or withdrawn,
whichever is later, unless the licence holder request that it should
take effect at an earlier date.[69]
(4) A revocation under
paragraph (1)(b) shall take effect on such date as the licence holder
requests or agrees with the determining officer.[70]
30A Right to review of
determining officer’s decision under this Part[71]
(1) A person aggrieved by a
decision of a determining officer under any of the provisions listed in
paragraph (2) may request, in accordance with Article 40A, a review
of the determining officer’s decision by the Panel.
(2) The provisions
mentioned in paragraph (1) are –
(a) a
decision, under Article 26(4), to treat an application as withdrawn;
(b) the
grant or refusal of a licence under Article 26A(2);
(c) the
imposition of a condition in relation to a licence under Article 26A(4) or
Article 27(2) or (3);
(d) the
refusal of an application to vary a licence under Article 29(4)(a), or the
variation of a licence under Article 29(4)(b);
(e) the
revocation of a licence under Article 30(1).
(3) The States may by
Regulations amend paragraph (2) for the purpose of adding or deleting a
reference to a provision of this Part.
31 Charges
in respect of licences and conditions of licences[72]
(1) The
Minister may prescribe all such provision as is necessary or expedient in
relation to –
(a) charges
to be payable, whether on an annual basis or otherwise by reference to any
condition of the licence, by the holder of a licence;
(b) the
date by which any such charge must be paid; and
(c) any
financial penalty for failure to pay the charge, whether at all or by a
specified date, including a penalty payable in respect of, and by reference to,
any period for which the charge remains unpaid.
(2) A
person who fails, without reasonable excuse, to comply with an obligation to
pay, in accordance with any prescribed requirement, such a charge as mentioned
in paragraph (1)(a) or (c) is guilty of an offence and liable to a fine of
level 3 on the standard scale.
32 Requirement
for business with staffing licence to provide statement[73]
(1) Subject
to paragraph (1B), a person carrying on a business in respect of which a
staffing licence has been granted must provide to the Minister, no later than
the specified time, a statement –
(a) for
each specified period during which the person carries on that business; and
(b) containing,
in relation to all persons working in or for the business during the period in
question, such information as may be prescribed.[74]
(1A) In paragraphs (1) and (3) –
“specified period” means such period as the Minister may
prescribe;
“specified time” means midnight on the 15th day after
the end of the period in respect of which the statement is provided, or such
other time as the Minister may prescribe.[75]
(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.[76]
(2) A statement made under
paragraph (1) shall be in such form as the Minister may prescribe.[77]
(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.[78]
(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.[79]
(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.[80]
(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.[81]
(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 a business 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 business.[82]
(2) If the Minister
reasonably believes that the operation of a business in respect of which a
licence has been granted under Article 26A involves an activity not permitted
by such a licence, the Minister may serve a notice requiring the cessation of
such activity.[83]
(2A) Before serving a notice under
paragraph (2), an authorized person must give, to the person on whom the
notice is to be served, a reasonable opportunity to make representations or to
comply with a request in the notice on a voluntary basis, unless in all the
circumstances it is not expedient to give such an opportunity.[84]
(3) A notice under
paragraph (1) or (2) –
(a) must
specify the nature of the alleged activity;
(b) must
request that the activity should cease forthwith or at a specified time or on a
specified date;
(c) must
contain –
(i) a
statement that an appeal may be made against the notice in accordance with
Article 41, and
(ii) such
other information as the Minister may reasonably consider necessary.[85]
(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 business 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.[86]
(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.[87]
(9) Subject to paragraph (10),
a person who intentionally and without reasonable excuse fails to comply with a
notice under this Article is guilty of an offence and liable to a fine of
level 3 on the standard scale.[88]
(10) Where an appeal is made
against a notice under this Article, the Royal Court may, in addition to its
powers conferred by Article 41 or by Rules of Court –
(a) direct
that the notice ceases to have effect until the appeal is finally determined; and
(b) make
any such interim order as the Court thinks fit.[89]
(11) [90]
(12) [91]
(13) [92]
(14) [93]
38 Register[94]
(1) For the purposes of
this Law the Minister must maintain, in any manner which the Minister considers
appropriate (including electronically), a register of businesses in Jersey to
which licences have been granted under this Part.
(2) In relation to each
business the register must record –
(a) the
name, and address for service, of the business;
(b) the
name of the person having management and control of the business;
(c) the
nature of the licence granted and the date of the grant; and
(d) such
other particulars of the licence as may be prescribed.
(3) The Minister
must –
(a) make
the register available for inspection by members of the public free of charge;
and
(b) make
such arrangements as are appropriate to enable members of the public to obtain,
upon request and making payment of any fee which may be prescribed, a copy of
an entry in the register.
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.[95]
(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.[96]
(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.
40A Reviews by the
Panel[97]
(1) In this Article and
Article 41, “initial decision” means a decision by a determining
officer described in paragraph (2), whether or not
that decision is made following referral of a matter by the determining officer
to the Panel for the Panel’s consideration.
(2) A person aggrieved by
any of the following decisions by a determining officer –
(a) a
determination, under Article 3(3)(b) or 3(6)(a), of the person’s
status;
(b) a
refusal, under Article 3(6)(b), to grant a status to the person;
(c) the
imposition, under Article 3(7), of a condition in relation to the grant of
the person’s status; or
(d) a
decision listed in Article 30A(2),
may request a review by the Panel of the decision.
(3) A request for a review under
this Article must be made no later than the end of the period of one month beginning
with the date of the initial decision and must contain –
(a) the
person’s name and address for correspondence;
(b) details
(including any reference number) of the initial decision;
(c) the
grounds for requesting the review, including where relevant the reasons why the
person disagrees with the initial decision or with any reasons for the initial
decision;
(d) such
other information or documents as the Panel may from time to time direct.
(4) Upon review by the
Panel of an initial decision, following a request under paragraph (2) –
(a) the
Panel must have regard to the powers (and to any limitation on those powers)
conferred on a determining officer by the Article under which the initial
decision was made; and
(b) subject
to paragraph (5), the provisions of the Article concerned are to be
interpreted for the purpose of the review as though a reference to the
“determining officer” is a reference to the “Panel”.
(5) Paragraph (4)(b)
does not apply in respect of the following powers which may only be
exercised by a determining officer –
(a) any
provision conferring power on a determining officer to make a referral to the
Panel; and
(b) the
powers conferred by Articles 3(3)(b) and 29(1A).
(6) In carrying out a
review under this Article the Panel may –
(a) recommend
that the initial decision should be upheld or revoked, in whole or in part; or
(b) make
a recommendation substituting, in whole or in part, its own decision for the
initial decision.
(7) The Panel must send
notice of its recommendation, and of the reasons for it, in writing to the
Minister.
(8) Having had due regard
to the Panel’s recommendation under paragraph (6), and to any
further consideration of the issues by the determining officer, the Minister
may –
(a) uphold
or revoke the initial decision, in whole or in part; or
(b) vary
any part of the initial decision.
(9) The determining officer
must send notice of a decision by the Minister under paragraph (8), and of
the reasons for it, in writing to the person aggrieved by the initial decision.
(10) A notice under
paragraph (9) must contain a statement as to the person’s right to
appeal, under Article 41, against the Minister’s decision.
41 Appeals
(1) In this Article,
“decision” means a condition, determination, refusal, revocation,
variation or notice described in paragraph (2) or (2A), as the case
requires.[98]
(2) A person aggrieved by
any of the following decisions –
(a)
(b)
(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)
(g)
(h)
(i) revocation
of a licence under Article 30;
(j) a
notice requiring cessation of activity under Article 37(1) or (2);
(k) a decision
of the Minister under Article 40A, following a review by the Panel of an
initial decision,
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.[99]
(2A) A person on whom a notice is served
under Article 37 may, within one month of the date of service of the
notice, appeal to the Royal Court on the grounds that service of the
notice on that person, or any request in the notice, was unreasonable.[100]
(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.
42A Guidance[101]
(1) The
Minister may from time to time issue and publish
guidance as to the application or interpretation of a provision of this Law,
and –
(a) where
it appears to the court, when conducting any civil or criminal proceedings in
relation to the application or interpretation of this Law, that such guidance
is relevant to a question arising in those proceedings, the guidance must be taken into account in determining the question; and
(b) whilst
a determining officer must, in taking any decision under this Law, have due
regard to any guidance relevant to that decision, a failure by a determining
officer or an authorized person to comply with such guidance does not of itself
make the officer or person liable to any civil or criminal proceedings.
(2) Guidance
under paragraph (1) may be general, or may relate to any particular status, person or class of persons, residence or
type of residence, employment or type of employment, business or type of
business.
(3) The
Minister may from time to time amend or revoke guidance under
paragraph (1), and if the Minister amends any guidance, the Minister must
publish the amended guidance in the same manner as that in which the last
preceding version of the amended guidance was published.
(4) The
requirement imposed by paragraph (3) as to publishing guidance does not
apply to any guidance which may be provided to the Minister by the Population
Advisory Council established under Article 48A or by any other body, but
nothing in this provision prevents the Minister from publishing any guidance so
provided, in whole or in part, if the Minister considers it is necessary or
expedient to do so.
(5) In
this Article “publish” includes publication on a website or by such
other means as the Minister considers will bring the guidance to the attention
of those likely to be affected by it.
43 Persons
authorized to act for other persons
(1) In this Article, acting for another person
means making an application 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.[102]
(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.
(3) Regulations under this
Law may make provision as to the imposition of civil financial penalties for
breach of any provision of this Law, including all such provision as may be
necessary in relation to –
(a) the
criteria for imposition, and the level, of a penalty;
(b) notification
of imposition of a penalty;
(c) enforcement
of, and appeal against, a penalty.[103]
(4) In an Order under this
Law prescribing the amount of any charge or fee, the Minister may, if making
the Order with the agreement of the Minister for Treasury and
Resources –
(a) take into account such matters as the Minister thinks fit;
and
(b) set
the charge or fee so as to raise income in excess of the amount necessary to cover expenses in
discharging functions under this Law.[104]
(5) A power under this Law
to make provision in Regulations as to a charge, fee or other penalty, or to
prescribe a charge or fee, includes power to make provision for –
(a) a
rebate, refund or waiver of a charge or fee, in such circumstances as may be
prescribed, or specified in Regulations;
(b) a
further financial penalty for failure to pay a charge, fee or other penalty,
whether at all or by a particular date, including such further penalty payable
in respect of, and by reference to, any period for which an amount of a charge,
fee or other penalty remains unpaid.[105]
45 Providing false or misleading information
(1) 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.[106]
(2) Where a person is convicted
of an offence under paragraph (1) any status acquired by that person, in
consequence of the act of deception constituting or forming part of the
offence, is revoked.[107]
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 Control Panel[108]
(1) There is to be
constituted a panel, to be known as the Housing and Work Control Panel, to exercise
functions relating to certain decisions under this Law in accordance with this
Article.
(2) The Panel must consist
of at least 3 elected Members of the States Assembly who are
nominated by the Minister, one of whom is to be nominated by the Minister as
the chair of the Panel and to have a casting vote.
(3) The Panel’s
functions are to be allocated, subject to paragraph (4), by agreement
between the Minister and the Panel and, in default of such agreement, the
Minister is to determine what functions are to be allocated.
(4) The Panel’s
functions must include the functions of –
(a) reviewing
decisions as described in Article 40A; and
(b) making
a recommendation, where requested to do so by a determining officer referring a
matter under Article 3(10), 26A(2)(c) or 29(4)(c).
(5) Where the Panel
exercises the function of making a recommendation following a request as mentioned
in paragraph (4)(b) –
(a) the
Panel must have regard to the powers (and any limitation on those powers)
conferred on the determining officer by the Article to which the request
relates; and
(b) subject
to paragraph (6), the provisions of the Article concerned are to be
interpreted for this purpose as though a reference to the “determining
officer” is a reference to the “Panel”.
(6) Paragraph (5)(b)
does not apply in respect of the following powers which may only be
exercised by a determining officer –
(a) any
provision conferring power on a determining officer to make a referral to the
Panel; and
(b) the
powers conferred by Articles 3(3)(b) and 29(1A).
(7) The Panel must make its
recommendation as soon as reasonably practicable after receiving a request, and must send notice in writing of its recommendation
and of the reasons for it, to the determining officer concerned.
(8) Except as provided by
this Article and to the extent that the Minister directs otherwise, the Panel
may determine its own procedures.
(9) The Panel must, within
the period of 3 months following the end of a year, present to the
Minister a report on the Panel’s assessment of the operation of this Law
and any recommendations by the Panel for its revision.
48A Population
Advisory Council[109]
(1) The Minister may
establish a body to be known as the Population Advisory Council (in this
Article, the “council”) to give advice and assistance to the Minister
in relation to –
(a) population
policy generally; and
(b) the
exercise of the Minister’s functions under this Law.
(2) The Minister may, from
time to time, refer to the council, for consideration and advice –
(a) matters
of or relating to population policy;
(b) proposals
for new or amended provision in this Law or subordinate legislation made under
it;
(c) such
other matters as may be prescribed.
(3) Following consideration
of any matter referred under paragraph (2), the council may submit to the
Minister a report in writing containing such recommendations and advice as are
considered appropriate and if, after receiving such recommendations or advice,
the Minister presents a proposition to the States comprising the whole or part
of the recommendations or advice, the Minister may present with the proposition
a copy of the relevant part of the council’s report.
(4) The council may independently
make written recommendations to the Minister as to the operation of this Law,
and as to population policy generally, and where the council does so the
Minister must present to the States a response to the recommendations, no later
than 3 months after receiving them.
(5) The Minister may
prescribe all such further provision as is necessary or expedient in relation
to the council, including –
(a) the
constitution and membership of the council;
(b) the
appointment of members, qualification and disqualification for membership and
remuneration;
(c) the
procedures of the council; and
(d) the
administration of the council.
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) [110]
(3) [111]
(4) [112]
(5) [113]
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.