Control of Housing
and Work (Exemptions) (Jersey) Order 2013
1 Interpretation
In this Order –
“company” means a body corporate incorporated in any
part of the world with or without limited liability;
“council of a foundation” has the same meaning as in the
Foundations (Jersey)
Law 2009;
“day” includes any part of a day;
“full-time employment” means employment of not less than
30 hours per week;
“Law” means the Control of Housing and Work (Jersey)
Law 2012;
“domestic premises” means –
(a) a
dwelling house; or
(b) other
building used principally as one or more dwellings,
including adjoining land;
“domestic purposes” means any purpose which is not for
or in connection with the carrying on of any undertaking;
“domestic services” means any of the following services –
(a) gardening;
(b) cleaning
(whether indoors or outdoors);
(c) cooking;
(d) ironing;
(e) nursing
or other personal care services;
(f) services
involving looking after children;
“financial services company” means a company providing
financial services business referred to in –
(a) Part
A; or
(b) paragraphs 1
and 2 of Part B,
of Schedule 2 to the Proceeds of Crime (Jersey) Law 1999, whether or not, in the case
of Part A, such business falls within an exception or exclusion referred to in
that Part;
“international group” means a group consisting of at
least one company incorporated outside Jersey;
“group” in relation to a company, means that company,
any other company which is its holding company or subsidiary and any other
company which is a subsidiary of that holding company;
“holding company” has the same meaning as in Article 2
of the Companies (Jersey)
Law 1991 (as if references to a “body corporate” were to a
“company” as defined in this Order);
“medical purposes” means any of the
following –
(a) preventative
medicine;
(b) medical
diagnosis;
(c) medical
research;
(d) the
provision of care and treatment;
(e) the
management of healthcare services;
“non-resident undertaking” means an undertaking which is
not a resident undertaking;
“nurse” has the same meaning as in the Health Care (Registration) (Jersey) Law 1995;
“registrable occupation” means an occupation specified
in the Schedule for the purposes of Article 4(4)(a), which is a
registrable occupation within the meaning of the Health Care (Registration) (Jersey) Law 1995;
“regulated activity” means an activity in respect of
which a person –
(a) is
registered under the Banking Business (Jersey) Law 1991;
(b) holds
a permit or is a certificate holder under the Collective Investment Funds (Jersey)
Law 1988;
(c) is
registered under the Financial Services (Jersey) Law 1998; or
(d) is
authorized by a permit under the Insurance Business (Jersey) Law 1996;
“resident undertaking” means an undertaking which has
one or more persons working in or for it in Jersey where –
(a) if
one person only works for the undertaking, that person is ordinarily resident
in Jersey; or
(b) if
more than one person works for the undertaking, all or the majority of the
persons working in or for the undertaking are ordinarily resident in Jersey;
“subsidiary” has the same meaning as in Article 2
of the Companies (Jersey)
Law 1991 (as if references to a “body corporate” were to a
“company” as defined in this Order);
“zero hours contract” means a contract or other
arrangement between an individual and an undertaking such that the individual
may work for the undertaking from time to time but there is no minimum
requirement for the individual to do any work for the undertaking.[1]
2 Persons
exempt from duty to have registration card for work[2]
A person who falls within any of the following descriptions shall,
under Article 3(7) of the Law, be exempt from the duty to have an
appropriate valid registration card in accordance with Article 24 of the
Law –
(a) a person who is in
Jersey for an aggregate period of 60 days or less in any period of
12 months for the purposes of that person’s work as one or more of
the following –
(i) a
director or secretary of a company,
(ii) a
partner in a partnership,
(iii) a
member of the council of a foundation,
(iv) a trustee
of an express trust, or
(v) a
person with equivalent responsibility to any of the foregoing;
(b) a person who is in
Jersey for an aggregate period of 60 days or less in any period of
12 months for the purposes of that person’s work for one or more
financial services companies, each such company being a member of an
international group and for which the person works mainly outside Jersey;
(c) a person who is a
hawker or a non-resident trader for the purpose of the activities of hawking or
being a non-resident trader;
(d) a person working in or
for a resident undertaking –
(i) where
the person carries on activities in respect of which no business licence is
required for the operation of the undertaking by virtue of any sub-paragraphs (b),
(d), (g), (h) and (i) of Article 3(1), or
(ii) for
the operation of which no business licence is required by virtue of any of
sub-paragraphs (j) to (m) of Article 3(1);
(e) a person who works in
or for a non-resident undertaking;
(f) a person who
works in Jersey for an aggregate period of 10 days or less in any period of 12
months for one or more undertakings.
3 Undertakings
exempt from duty to have a business licence
(1) Under Article 25(9)
of the Law, an undertaking is exempt from the duty to have a business
licence –
(a) in
respect of any regulated activity by a non-resident undertaking;
(b) in
respect of any regulated activity by a resident undertaking where each person
working in or for the undertaking works for that undertaking for an aggregate
period of 60 days or less in any period of 12 months and each person
is any of the following in respect of the undertaking –
(i) in the case of a
company, a director or secretary,
(ii) in
the case of a partnership, a partner,
(iii) in
the case of a foundation, a member of the council,
(iv) in
the case of an express trust, a trustee,
(v) a person with
equivalent responsibility to any of the foregoing;
(c) in
respect of any activity by a non-resident undertaking where the activity is
administered or managed by a person or body of persons carrying out regulated
activities;
(d) in
respect of any activity by a resident undertaking where –
(i) the activity is
administered or managed by a person or body of persons carrying out regulated
activities,
(ii) each
person working in or for the undertaking works for that undertaking for an
aggregate period of 60 days or less in any period of 12 months, and
(iii) each
person working in or for the undertaking is any of the following in respect of
the undertaking –
(A) in the case
of a company, a director or secretary,
(B) in
the case of a partnership, a partner,
(C) in
the case of a foundation, a member of the council,
(D) in the case
of an express trust, a trustee,
(E) a
person with equivalent responsibility to any of the foregoing;
(e) in
respect of any activity of the undertaking in the building or construction
industry where –
(i) the undertaking
is a non-resident undertaking, and
(ii) the
undertaking operates in Jersey for an aggregate period of 5 days or less
in any period of 12 months;
(f) in
respect of any activity in Jersey for medical purposes where –
(i) the undertaking
is a non-resident undertaking,
(ii) the
undertaking operates in Jersey for an aggregate period of 60 days or less
in any period of 12 months, and
(iii) the
undertaking’s activities in Jersey are carried out on behalf of, or
pursuant to arrangements with, any of the following –
(A) a States
funded body,
(B) an
undertaking that receives funding from the States of Jersey,
(C) an
undertaking registered under the Nursing Homes (Jersey) Law 1994 or the Regulation of Care (Jersey) Law 2014;
(g) in
respect of any activity involving the provision of accommodation or premises in
Jersey for any purpose where –
(i) the undertaking
does not carry on property development in Jersey,
(ii) the
undertaking is not registered under the Tourism (Jersey) Law 1948, the Nursing Homes (Jersey) Law 1994, the Regulation of Care (Jersey) Law 2014 or the Lodging Houses (Registration) (Jersey)
Law 1962, and
(iii) any
of the following applies –
(A) the
undertaking is a non-resident undertaking,
(B) the
aggregate number of separate units of accommodation or separate premises
provided by the undertaking in Jersey does not exceed 5, or
(C) the
undertaking is a sole trader who has Entitled, Licensed or Entitled for Work
Only status or a company with one member, such member having Entitled, Licensed
or Entitled for Work Only status;
(h) in
respect of any activity of a resident undertaking involving the sale of goods
from domestic premises where –
(i) the goods are
situated on or in the vicinity of the domestic premises at the time of the
sale, and
(ii) the
sale is incidental to the use of those premises for domestic purposes;
(i) in
respect of any activity of a resident undertaking involving the provision of
domestic services to not more than 2 households;
(j) where
the undertaking was carried on by a person immediately before the date that the
Law came into force and, at that time, the person was exempt from the need to
have a licence under Regulation 1(2) of the Regulation of Undertakings and
Development (Jersey) Regulations 1978 and the person continues to carry on
the undertaking –
(i) from the
person’s principal place of residence,
(ii) on
the person’s own account, and
(iii) without
any other persons working in or for the undertaking;
(k) where
the undertaking is –
(i) a sole trader who
has Entitled or Entitled for Work Only status, or
(ii) a
company with one member who has Entitled or Entitled for Work Only status, and
the sole trader or member, as the case may be, works in or for the undertaking
for less than 8 hours in any week;
(l) where
none of sub-paragraphs (a) to (k) apply and –
(i) the undertaking
is a resident undertaking that operates in Jersey for an aggregate period of
60 days or less in any period of 12 months, and
(ii) each
person who works for the undertaking has a status that is any of the
following –
(A) Entitled,
(B) Licensed,
or
(C) Entitled
for Work Only;
(m) where –
(i) none of
sub-paragraphs (a) to (k) apply,
(ii) the
undertaking is a resident undertaking,
(iii) the
undertaking operates in Jersey for an aggregate period of 10 days or less
in any period of 12 months, and
(iv) one
or more persons working for the undertaking at any time during that period has
Registered status;
(n) where
the undertaking is a non-resident undertaking and –
(i) none of
sub-paragraphs (a) to (k) apply, and
(ii) the
undertaking operates in Jersey for an aggregate period of 30 days or less
in any period of 12 months.[3]
(2) For the purposes of
paragraph (1)(g)(iii)(B), a unit of accommodation or premises
(collectively referred to as “property”) is separate from other
property in the same building if the former property is not ordinarily
accessible by the occupiers of the other property.[4]
(3) In this Article, a
reference to any activity by description includes any activity that is
reasonably incidental to that activity.
4 Description
of individuals to be disregarded for maximum numbers condition in business
licences
(1) For the purposes of
complying with a condition under Article 27(1)(a) of the Law concerning
the maximum number of individuals with Licensed or Registered status who are
permitted to work in or for the undertaking there shall be disregarded any
person –
(a) working
in or for the undertaking as a replacement for another person continuing to
work in or for the undertaking provided that the 2 persons do not work
simultaneously for the undertaking for a period of more than 30 days;
(b) providing
cover for a person working in or for the undertaking who is on leave (including
secondment or leave for training purposes), such period not
exceeding –
(i) 52 weeks, in
the case of parental leave (as defined in Article 55A(1) of the Employment (Jersey) Law 2003) or sick leave, or
(ii) 3 months
in all other cases of leave;
(ba) providing
cover, for a period not exceeding 3 months, for a person who is not able
to work in or for the undertaking as a result of leaving Jersey due to the
outbreak of Covid-19;
(c) working
in or for the undertaking for an aggregate period of 10 days or less in
any period of 12 months;
(d) working
in Jersey for an aggregate period of 60 days or less in any period of
12 months for the purposes of that person’s work as any of the
following –
(i) in the case of a
company, a director or secretary,
(ii) in
the case of a partnership, a partner,
(iii) in
the case of a foundation, a member of the council,
(iv) in
the case of an express trust, a trustee,
(v) a person with
equivalent responsibility to any of the foregoing;
(e) working
in Jersey for an aggregate period of 60 days or less in any period of
12 months for the purposes of that person’s work for a financial
services company which is a member of an international group, such person being
employed to work mainly outside Jersey;
(f) with
Registered status working in or for the undertaking who –
(i) has been
ordinarily and continuously resident in Jersey for a period of less than
5 years, such period having commenced at any time before the person was
below the upper limit of compulsory school age within the meaning of Article 2
of the Education (Jersey)
Law 1999, and
(ii) has
a parent who has Entitled, Entitled for Work Only or Licensed status;
(fa) with
Registered status working in or for the undertaking who –
(i) has been
ordinarily and continuously resident in Jersey for a period of less than
5 years,
(ii) is
over compulsory school age within the meaning of Article 2 of the Education (Jersey) Law 1999,
(iii) has
not attained the age of 26 years, except where –
(A) the person
is working in or for an undertaking within the meaning of Article 23 of
the Law and has worked continuously in or for that undertaking since
immediately before attaining the age of 26 years, or
(B) the
Minister determines that exceptional circumstances exist in relation to the
person,
(iv) has a
parent (referred to below as “his or her parent”) who –
(A) has
Entitled, Entitled for Work Only or Licensed status and is in full-time
employment in a registrable occupation,
(B) is a
party to a contract for full-time employment in a registrable occupation and
upon commencement of such employment will have Entitled, Entitled for Work Only
or Licensed status, or
(C) is a
cohabiting partner of a person with Entitled, Licensed or Entitled for Work
Only status,
(v) was ordinarily resident
in his or her parent’s residence for a continuous period of at least
3 months immediately prior to the date an offer of full-time employment in
a registrable occupation was received by his or her parent or, if applicable,
the person with Entitled, Licensed or Entitled for Work Only status referred to
in clause (iv)(C),
(vi) commences
ordinary residence in Jersey in his or her parent’s residence no later
than 3 months after the commencement of employment in a registrable
occupation by his or her parent, or, if applicable, the person with Entitled,
Licensed or Entitled for Work Only status referred to in clause (iv)(C),
(vii) was wholly
or substantially financially dependent on his or her parent for a continuous
period of at least 3 months immediately prior to the date the offer of
full-time employment was received as referred to in clause (v), and
(viii) was not in
full-time paid employment for a continuous period of at least 3 months
immediately prior to the date the offer of full-time employment was received as
referred to in clause (v);
(g) with
Registered status working in or for the undertaking who –
(i) has been
ordinarily and continuously resident in Jersey for a period of less than
5 years, such period having commenced before 1st July 2013,
(ii) immediately
before 1st July 2013 was a person who was locally qualified for engagement
in a position in an undertaking under Regulation 2(2)(d) of the Regulation
of Undertakings and Development (Jersey) Regulations 1978, and
(iii) has a
parent who has Entitled, Entitled for Work Only or Licensed status;
(h) with
Registered status working in or for the undertaking who –
(i) has been
ordinarily and continuously resident in Jersey for a period of less than
5 years, and
(ii) is
the cohabiting partner of a person with Entitled, Licensed or Entitled for Work Only status.[5]
(2) Where a person works
for an agency and is supplied by that agency to work for another undertaking
(“second undertaking”) in circumstances where, under Article 24(6)
of the Law, the person is not deemed to work for the second undertaking, the
agency shall, for the purposes of compliance with a condition of its licence
under Article 27(1)(a) of the Law, disregard any person working for the
second undertaking in the circumstances described in sub-paragraph (a),
(b) or (c) of paragraph (1) as if “the undertaking” in those
sub-paragraphs referred to the second undertaking.
(3) An undertaking may, for
the purposes of complying with a condition of its licence under Article 27(1)(a)
of the Law, disregard any person who has a zero hours contract with the
undertaking who would otherwise cause the condition to be breached provided
that the person is disregarded only for such length of time as the person
is not working for the undertaking.
(4) In this Article
“cohabiting partner” means a person whom the Minister is satisfied
fulfils the following requirements –
(a) the
person (“P”) has met the condition set out in paragraph (b)
for a continuous period of at least 3 months on the date the person with
Entitled, Licensed or Entitled for Work Only status (“ELP”)
received an offer of full-time employment in a registrable occupation; and
(b) the
condition is that ELP and P are living together as if
they were spouses or civil partners.[6]
(5) Subject to paragraph (6),
the Minister shall require a person to provide the Minister with such documents
or other evidence as the Minister may require, within such reasonable time as
the Minister may specify, for the purpose of determining or verifying whether
that person is the cohabiting partner of a person with Entitled, Licensed or
Entitled for Work Only status.[7]
(6) The
Minister may dispense with the requirement in paragraph (5)
if he or she considers it appropriate to do so.[8]
(7) Paragraph
(1)(ba) expires on 30th September 2020.[9]
5 Conditions
of existing licences to be disregarded
A condition of a licence granted under the Regulation of
Undertakings and Development (Jersey) Law 1973 for the purpose of any
activity for which a licence was required under the Part entitled
“Regulation of Undertakings”, such condition being to require, or
the effect of which was to require, any change in the ownership of a person
carrying on an undertaking to have the prior consent of the Minister for
Economic Development, shall not be deemed under Article 50(1) of the Law
to be a condition subject to which the licence is deemed to be granted under
Article 26 of that Law.
6 Citation
This Order may be cited as the Control of Housing and Work
(Exemptions) (Jersey) Order 2013.