SCHEDULE
(Regulation 1)
transitional
and savings provisions
part
1: application of legislation
1 Interpretation
(1) In this Schedule,
unless the context otherwise requires –
“CHW Law”
means the Control of
Housing and Work (Jersey) Law 2012;
“CHW
Regulations” means the Control of Housing and
Work (Residential and Employment Status) (Jersey) Regulations 2013;
“former Housing
Regulations” means the Housing (General Provisions) (Jersey)
Regulations 1970;
“former RUD
Regulations” means the Regulation of Undertakings and Development
(Jersey) Regulations 1978;
“Hawkers Law”
means the Hawkers and Non-Resident Traders (Jersey) Law 1965;
“Housing Law”
means the Housing (Jersey) Law 1949;
“RUD Law”
means the Regulation of Undertakings and Development (Jersey) Law 1973.
(2) For
the purposes of this Schedule, a person is a Regulation 1(1)(j) person if,
immediately before the date that these Regulations come into force –
(a) the
person is working in a post (or has been appointed to work in a post) in
respect of which the Minister for Housing has notified the person carrying on
the undertaking concerned that the person occupying the post satisfies the
requirements for consent under Regulation 1(1)(j) of the former Housing
Regulations; and
(b) the
person does not satisfy the requirements for consent granted by the Minister
for Housing under any of sub-paragraphs (a) to (h) or (k)
to (n) of Regulation 1(1) of the former Housing Regulations.
(3) References
to “property” in this Schedule include, where relevant, units of
dwelling accommodation.
2 Residential
and employment status – Regulation 1(1) (g) and (k) of the
former Housing Regulations
(1) A
person who, immediately before 1st July 2013, was subject to a condition
attached to a consent under Regulation 1(1)(k) of the former Housing
Regulations shall be deemed to have been granted Entitled status under
Regulation 2(1)(e) of the CHW Regulations on 1st July 2013.
(2) A
person who, immediately before 1st July 2013, was subject to a condition
attached to a consent under Regulation 1(1)(g) of the former Housing
Regulations shall be deemed to have been granted Entitled status under
Regulation 2(1)(f) of the CHW Regulations on 1st July 2013.
3 Conditions
attached to a housing consent granted under the former housing Regulations
(1) This
paragraph applies to a condition attached to a consent to the sale or transfer
of land or a registered contract of lease granted by the Minister under
Regulation 1 of the former Housing Regulations.
(2) Subject
to sub-paragraphs (3) and (9), a condition described in sub-paragraph (1)
shall be deemed to be a condition that falls within Article 13(7) of the
CHW Law.
(3) Sub-paragraph (2)
does not apply to –
(a) a
condition attached to a consent granted under Regulation 1(1)(g), (j)
or (k) of the former Housing Regulations that refers by name to an
individual occupier of property; or
(b) a
condition attached to a consent granted under Regulation 1(1) of the
former Housing Regulations that gives effect to a condition of a licence
granted under the RUD Law requiring staff of an undertaking to occupy specified
property.
(4) A
condition attached to a consent granted under Regulation 1(1) (g) or (k)
of the former Housing Regulations that refers by name to an individual occupier
of property shall be deemed to be a condition under Regulation 2(2) of the
CHW Regulations subject to which the person has deemed Entitled status by
virtue of Regulation 2 of these Regulations.
(5) A
condition attached to consent granted under Regulation 1(1) (j) of the
former Housing Regulations that refers to an individual occupier of the property
by name shall be deemed to be a condition to which the Licensed status of that
individual is subject under Regulation 3(2) of the CHW Regulations.
(6) A
condition that refers to a person (whether or not expressly) –
(a) as
being essentially employed, or
(b) of a
category specified in Regulation 1(1)(j) of the former Housing
Regulations,
shall be deemed to refer
to a person with Licensed status.
(7) A
condition that refers to a person other than a person described in
sub-paragraph (6), shall be deemed to refer to a person with Entitled
status.
(8) A
condition that refers to a Particulars of Exempted Transaction form shall be
deemed to exclude a reference to that form.
4 Particular
provisions relating to conditions attached to consents under Regulation 1(1)(j)
of the former Housing Regulations
(1) Notwithstanding
anything to the contrary in any condition attached to a consent granted under
Regulation 1(1)(j) of the former Housing Regulations, conditions attached
to such a consent shall be deemed –
(a) to
allow a person who has Licensed status to transfer property in respect of which
such consent was granted into his or her own name and, if applicable, the name
of the person’s spouse or civil partner, at any time on or after 1st July
2013; and
(b) to
require the person to transfer the property into his or her own name, and if
applicable, the name of the person’s spouse or civil partner, as soon as
reasonably practicable after the person acquires Entitled status in accordance
with the CHW Regulations.
(2) For
the avoidance of doubt, any transfer of property that is made by virtue of
paragraph (1)(a) and is a transaction described in Article 18(1)(a)
of the CHW Law is subject to Article 19(7) of that Law.
5 Residential
and employment status – former category 1(1)(h)s
A person who, immediately
before 1st July 2013, satisfied the requirements for consent granted by the
Minister to a sale, transfer of land or registered contract of lease under Regulation 1(1)(h)
of the former Housing Regulations (regardless of whether or not the individual
at that time was intending to enter into a sale, transfer of land or a
registered contract of lease) shall be deemed to have Entitled status under Regulation 2(1)(c)
of the CHW Regulations regardless of whether or not the person satisfies all
the conditions set out in Regulation 2(1)(c).
6 Deemed
licence conditions
(1) A
licence deemed under Article 50 of the CHW Law to be a business licence
shall be deemed to include the following conditions on 1st July 2013 as if they
were specified by the Minister under Article 27(1) of that
Law –
(a) the
maximum number of individuals with Licensed status who are permitted to work in
or for the undertaking shall be the same number of individuals permitted to
work in or for the undertaking who are Regulation 1(1)(j) persons;
(b) the
maximum number of individuals with Registered status who are permitted to work
in or for the undertaking shall be the same number of individuals
permitted to work in or for the undertaking immediately before 1st July 2013
who were not locally qualified for a position in an undertaking within the
meaning of Regulation 2(2) of the former RUD Regulations;
(c) any
work of a general description comprised in a post to which a
Regulation 1(1)(j) person has been appointed by an undertaking shall be
work of a description that may be done by Licensed persons in or for that
undertaking.
(2) Without
prejudice to any other provision in a licence or CHW Law that may cause the
expiry of the licence on an earlier date, a licence shall expire on the date
that any application following a significant change of ownership, as referred
to in Article 25(3) of the CHW Law, is determined by the Minister.
(3) Any
condition deemed under Article 50(1) of the CHW Law to be a condition
subject to which a licence is granted under Article 26 of that Law
referring to –
(a) a
person who is locally qualified for a position in an undertaking within the
meaning of Regulation 2(2) of the former RUD Regulations, other than by
virtue of Regulation 1(1)(j) of the former Housing Regulations, shall be
deemed to refer to both an Entitled person and an Entitled for Work Only
person;
(b) a
person who is essentially employed, or a person to whom Regulation 1(1)(j)
of the former Housing Regulations applies (or similar expressions), shall be
deemed to refer to a Licensed person;
(c) a
person who is not locally qualified within the meaning of Regulation 2(2)
of the former RUD Regulations shall be deemed to refer to a Registered person.
(4) Where
an undertaking is deemed under Article 50 of the CHW Law to have a licence
granted under that Law, the nature of the undertaking authorized by the licence
shall be deemed to be a condition of the licence as if specified by the
Minister under Article 26(5) of that Law.
7 Further
provision relating to Regulation 1(1)(j) persons
A condition which has been
notified to a Regulation 1(1)(j) person by the Minister as being a
condition of that person being granted consent under Regulation 1(1)(j) of
the former Housing Regulations shall, if no provision is made elsewhere in this
Schedule concerning that condition, be deemed to be a condition to which the
Licensed status of that person is subject under Regulation 3(2) of the CHW
Regulations.
8 Disapplication
of CHW Law
(1) Notwithstanding
Article 21(1) of the CHW Law, a person who is a party to a specified
transaction that takes place on or after 1st July 2013 shall not be guilty of
an offence for contravention of Article 19(1)(a) of that Law provided
that –
(a) an
application to the Minister for consent to that transaction under
Regulation 1(1) of the former Housing Regulations was made before that
date; and
(b) the
Minister has given consent to the specified transaction under the former
Housing Regulations.
(2) Where
an application is made to the Minister for consent as referred to in
sub-paragraph (1)(a), the Minister may give consent for the purposes of
sub-paragraph (1)(b) on or after 1st July 2013, notwithstanding that
Article’s repeal of the Housing Law.
(3) The
provisions of this Schedule shall apply to any consent granted under
sub-paragraph (2) as if the consent had been granted immediately before 1st
July 2013.
(4) Notwithstanding
Article 24(11) of the CHW Law, a person who starts new work without a
registration card shall not be guilty of an offence in contravention of Article 24(1)
of that Law provided that the person applies for a registration card no later
than 21 days after 1st July 2013.
(5) Notwithstanding
Article 50 of the CHW Law, if –
(a) immediately
before 1st July 2013, an undertaking held a licence granted under Part 2
of the RUD Law or Article 2 of the Hawkers Law; and
(b) on 1st
July 2013 no licence is required to be held by the undertaking under that Law,
a licence shall not be
deemed to have been granted under Article 50 of the CHW Law in respect of
the undertaking.
part 2: housing consent conditions revoked
9 Housing
consent conditions revoked
There is revoked any
condition attached to a consent under the former Housing Regulations, such
condition being the same or substantially similar to a condition set out in any
of sub-paragraphs (a) to (n) –
(a) That
the dwelling accommodation on the land shall be used exclusively or mainly for
residential purposes, and there shall be no diminution of such existing area of
private dwelling accommodation.
(b) That
the dwelling accommodation on the land shall be used exclusively or mainly for
residential purposes, and there shall be no diminution of the existing area or
number of units of such existing private dwelling accommodation.
(c) That
the dwelling accommodation on the land, comprising [name
or description] shall be used exclusively or mainly for residential
purposes, and there shall be no diminution of such existing area of private
dwelling accommodation.
(d) That
the property shall be occupied by the purchaser/s as his/their/her sole or
principal place of residence, or by persons specifically approved by the
Minister as being persons qualifying under Paragraph 1 of
Regulation 1 of the Housing (General Provisions) (Jersey) Regulations 1970,
as amended, or by persons who have submitted a Particulars of Exempted
Transaction form in accordance with Regulation 7(1) of the above
Regulations, and who will occupy the accommodation as their sole or principal
place of residence.
(e) That
the property shall be occupied by the purchaser/s as his/their/her sole or
principal place of residence, or shall be let unfurnished to, or be otherwise
occupied by, persons approved by the Minister as being persons of a category
specified in Regulation 1(1)(a), (b), (c), (d), (e), (f), (g) or (h)
of the Housing (General Provisions) (Jersey) Regulations 1970, as amended,
or by persons who have submitted a Particulars of Exempted Transaction form in
accordance with Regulation 7(1) of the above Regulations, and who will
occupy the accommodation as their sole or principal place of residence.
(f) That
the property shall be occupied by the purchaser/s as his/their/her sole or
principal place of residence or shall be let unfurnished to, or be otherwise
occupied by, persons approved by the Minister as being persons of a category
specified in Regulation 1(1)(a), (b), (c), (d), (e), (f), (g), (h)
or (j) of the Housing (General Provisions) (Jersey) Regulations 1970,
as amended, or by persons who have submitted a Particulars of Exempted
Transaction form in accordance with Regulation 7(1) of the above
Regulations, and who will occupy the accommodation as their sole or principal
place of residence.
(g) That
the lessee/s shall occupy the property/accommodation as his/their/her sole or
principal place of residence, or such accommodation shall not, without the
consent of the Minister, be let unfurnished to, or be occupied by any persons
other than those approved by the Minister as being persons of a category
specified in Regulation 1(1)(a), (b), (c), (d), (e), (f), (g) or (h) of
the Housing (General Provisions) (Jersey) Regulations 1970, as amended, or
by persons who have submitted a Particulars of Exempted Transaction form in
accordance with Regulation 7(1) of the above Regulations, and who will
occupy the accommodation as their sole or principal place of residence.
(h) That
the lessee/s shall occupy the property/accommodation as his/their/her sole or
principal place of residence, or such accommodation shall not, without the
consent of the Minister, be let unfurnished to, or be occupied by any persons
other than those approved by the Minister as being persons of a category
specified in Regulation 1(1)(a), (b), (c), (d), (e), (f), (g), (h) or (j)
of the Housing (General Provisions) (Jersey) Regulations 1970, as amended,
or by persons who have submitted a Particulars of Exempted Transaction form in
accordance with Regulation 7(1) of the above Regulations, and who will
occupy the accommodation as their sole or principal place of residence.
(i) That
the dwelling accommodation at the property shall be occupied by [name] as his/their/her sole or principal place of
residence, or, shall not, without the consent of the Minister, be let
unfurnished to, or be occupied by any persons, other than those approved by the
Minister as being persons of a category specified in Regulation 1(1)(a),
(b), (c), (d), (e), (f), (g) or (h) of the Housing (General Provisions)
(Jersey) Regulations 1970, as amended, or by persons who have submitted a
Particulars of Exempted Transaction form in accordance with
Regulation 7(1) of the above Regulations, and who will occupy the
accommodation as their sole or principal place of residence.
(j) That
the property shall be occupied by [name], as
his/their/her sole or principal place of residence, or, shall not, without the
consent of the Minister, be let unfurnished to or be occupied by any persons,
other than those approved by the Minister as being persons of a category
specified in Regulation 1(1)(a), (b), (c), (d), (e), (f), (g) or (h) of
the Housing (General Provisions) (Jersey) Regulations 1970, as amended, or
by persons who have submitted a Particulars of Exempted Transaction form in
accordance with Regulation 7(1) of the above Regulations, and who will
occupy the accommodation as their sole or principal place of residence.
(k) That
the existing units of dwelling accommodation upon the land, and any further
units of dwelling accommodation that may be created upon the land, shall be let
unfurnished to, or be otherwise occupied by, persons approved by the Minister
as being persons of a category specified in Regulation 1(1)(a), (b), (c),
(d), (e), (f), (g) or (h) of the Housing (General Provisions) (Jersey)
Regulations 1970, as amended, or by persons who have submitted a
Particulars of Exempted Transaction form in accordance with
Regulation 7(1) of the above Regulations, and who will occupy the
accommodation as their sole or principal place of residence.
(l) That
the existing units of dwelling accommodation at the property shall not, without
the consent of the Minister, be let unfurnished to, or be occupied by any
persons other than those approved by the Minister as being persons of a
category specified in Regulation 1(1)(a), (b), (c), (d), (e), (f), (g),
(h) or (j) of the Housing (General Provisions) (Jersey) Regulations 1970,
as amended, or by persons who have submitted a Particulars of Exempted
Transaction form in accordance with Regulation 7(1) of the above
Regulations, and who will occupy the accommodation as their sole or principal
place of residence.
(m) That
the dwelling/s proposed to be constructed upon the land in question shall not,
without the consent of the Minister, be occupied other than by persons approved
by the Minister as being persons of a category specified in
Regulation 1(1)(a), (b), (c), (d), (e), (f), (g) or (h) of the Housing
(General Provisions) (Jersey) Regulations 1970, as amended, or by persons
who have submitted a Particulars of Exempted Transaction form in accordance
with Regulation 7(1) of the above Regulations, and who will occupy the
accommodation as their sole or principal place of residence.
(n) That
the existing unit/s of dwelling accommodation comprising the [name or description] at the property shall not,
without the consent of the Minister, be let unfurnished to, or be occupied by
any persons other than those approved by the Minister as being persons of a
category specified in Regulation 1(1)(a), (b), (c), (d), (e), (f), (g) or
(h) of the Housing (General Provisions) (Jersey) Regulations 1970, as
amended, or by persons who have submitted a Particulars of Exempted Transaction
form in accordance with Regulation 7(1) of the above Regulations, and who
will occupy the accommodation as their sole or principal place of residence.