F.B.
Playing Fields (Jersey) Law 2023
A LAW to permit the construction and
use of buildings and other infrastructure on the F.B. Playing Fields for the
purposes of sport and recreation and for connected purposes.
Adopted
by the States 14th June 2023
Sanctioned
by Order of His Majesty in Council 11th October 2023
Registered by the Royal Court 20th October 2023
Coming into force 27th October 2023
THE STATES, subject to the sanction of His Most
Excellent Majesty in Council, have adopted the following Law –
1 Interpretation
In this Law –
“F.B. Playing Fields” has
the meaning given in Article 2;
“Loi (1862)” means
the Loi (1862)
sur les teneures en fidéicommis et l’incorporation d’associations.
2 Application
of Law and meaning of “F.B. Playing Fields”
(1) This
Law applies in respect of the parts of the F.B. Playing Fields depicted in the
plan, set out in the Schedule, which are –
(a) coloured green and
labelled C6 F.B. Playing Fields; and
(b) coloured
blue and labelled C7 Le Petit Clos de Sequée et Le Clos qui fut à
Jean Clément.
(2) “F.B.
Playing Fields” means –
(a) the piece of land
“consecrated for ever thereafter for use as playing fields for the recreation
of children and adult persons of both sexes residing in the Island of Jersey”
and known as the “F.B. Playing Fields”, and the buildings on that land, situated
in the Parish of St. Clement on the Fief of Samarès,
first referred to in the contract passed before the Royal Court on 28th April 1928
and subsequently ceded to the Public of the Island by contract passed before
the Royal Court on 17th January 1953; and
(b) the piece of land known
as “Le Petit Clos de Sequée et Le Clos qui fut à Jean Clément” adjoining the land referred to in
paragraph (a) which, by way of gift, was ceded to the Public of the Island
by contract passed before the Royal Court on 8th December 1951.
3 Validation
Despite anything to the
contrary contained in any enactment or contract passed before the Royal Court,
it is declared to have been lawful for the Public of the Island, before the
commencement of this Law –
(a) to have constructed a building,
for use as a clubhouse, on the part of the F.B. Playing Fields described in
Article 2(1)(b); and
(b) to have leased that
building to an individual sporting association incorporated under the Loi (1862).
4 Preservation of the F.B. Playing Fields’
condition of use
This Law preserves the condition
contained in the contracts relating to the F.B. Playing Fields passed
before the Royal Court, before the commencement of this Law, to the effect that
the F.B. Playing Fields are to be used and maintained as a “terrain de
sports” (playing fields) for the use and benefit of the public.
5 Construction on, and granting of leases
or licences in respect of, the F.B. Playing Fields
(1) The Public of the Island may construct on the F.B. Playing
Fields –
(a) a track for the shared
use of cyclists and pedestrians; and
(b) buildings,
facilities or structures designed to be used
for the purposes of a sport, fitness, leisure or recreational activity.
(2) The
Public of the Island may maintain, extend or refurbish
a construction referred to in paragraph (1), and any other building,
facility or structure that was constructed or permitted to be constructed on
the F.B. Playing Fields before the commencement of this Law.
(3) The
Public of the Island may carry out work to improve an existing, or create a new,
outdoor sporting or recreational area on the F.B. Playing Fields.
(4) The
Public of the Island may grant a lease or licence, of a type described in
paragraph 5, to a person described in paragraph 5, to occupy, or
otherwise use, anything constructed or any area
created on the F.B. Playing Fields.
(5) The
Public of the Island may grant –
(a) a registered
contract of a lease to a person incorporated in Jersey including an
association incorporated under the Loi (1862);
(b) a lease that is not a
registered contract, whether oral or in writing, to a person whether
incorporated or otherwise; or
(c) a licence, whether oral
or in writing, to a person whether incorporated or otherwise.
(6) Anything
constructed or any area created under this Article must
be occupied, or otherwise used, and maintained only for the purposes of a sport,
fitness, leisure or recreational activity, including
for anything reasonably incidental to those purposes, for the benefit of the public.
(7) In
this Article –
“lease” means a lease,
underlease or other tenancy, assignment operating as a lease or underlease, or
an agreement for a lease, underlease, tenancy or assignment;
“registered
contract”, means a contract passed before the Royal Court and registered in the
Public Registry of Contracts.
6 Registration of Law in Public Registry
(1) The
Royal Court must, when it orders the registration of this Law, also order the
registration of a copy of this Law, signed by the Greffier
of the States, in the Public Registry of Contracts.
(2) The
registration of a copy of this Law in the Public Registry of Contracts has the
same effect as a contract passed before the Royal Court.
(3) No
fees are payable under the Stamp Duties and
Fees (Jersey) Law 1998 in relation to the registration of a
copy of this Law as required by paragraph (1).
7 Laws repealed
The following Laws are
repealed –
(a) the F.B. Playing Fields
(Construction and Use of Sports Hall) (Jersey) Law 1996; and
(b) the F.B. Playing
Fields (Sports Hall) (Jersey) Law 2007.
8 Citation and commencement
This Law may be cited as
the F.B. Playing Fields (Jersey) Law 2023 and comes into force 7 days
after it is registered.