Jersey Law 13/1974

 

AGRICULTURAL LAND (CONTROL OF SALES AND LEASES) (JERSEY) LAW, 1974,

 

SANCTIONED BY

 

ORDER OF HER MAJESTY IN COUNCIL

 

dated 28th June, 1974.

____________

 

(Registered on 26th July, 1974).


 

 

ARRANGEMENT OF ARTICLES

Art.

 

1.

Interpretation ............................................................................

2.

Control of sales and leases of agricultural land ........................

3.

Applications for consent ...........................................................

4.

Power to revoke consents .........................................................

5.

Appeals .....................................................................................

6.

Power to obtain information in relation to offences .................

7.

Offences ....................................................................................

8.

Short title ..................................................................................


AGRICULTURAL LAND (CONTROL OF SALES AND LEASES) (JERSEY) LAW, 1974.

____________

A LAW   to control sales and leases of agricultural land, sanctioned by Order of Her Majesty in Council of the

 

28th day of JUNE, 1974.

____________

 

(Registered on the 26th day of July, 1974).

____________

 

STATES OF JERSEY.

____________

 

The 16th day of October, 1973.

____________

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law:  -

ARTICLE 1

INTERPRETATION

In this Law, unless the context otherwise requires –

“agricultural land” means land measuring more than one vergée in area, used or capable of being used for any purpose of agriculture or horticulture, but does not include any dwelling-house or outbuilding;

“the Committee” means the Committee of Agriculture.

ARTICLE 2

CONTROL OF SALES AND LEASES OF AGRICULTURAL LAND

(1)           No person shall, whether as vendor, purchaser, lessor, lessee or other party, and whether as principal or agent, enter into any contract for the sale or transfer of any agricultural land or any lease (whether parol or in writing) of any agricultural land without the consent of the Committee.

(2)           The Committee may refuse consent to any transaction to which this Article refers or may grant consent either unconditionally or subject to such conditions as the Committee thinks fit and, in deciding whether or not to grant consent or otherwise, the Committee shall have particular regard to the desirability of reserving agricultural land for the use of bona fide inhabitants of the Island engaged wholly or mainly in work of an agricultural or horticultural nature in the Island.

(3)           Where the Committee refuses consent it shall furnish to the applicant a statement in writing of its reasons for the decision.

(4)           Nothing in this Article shall apply to –

(a)     any transaction entered into before the date of the coming into force of this Law;

(b)     any contract of partition of inherited or devised real estate;

(c)     any contract for the sale or transfer of any lease of any agricultural land to or by the Crown, the public or a parish;

(d)     any transaction of a class for the time being exempted from the provisions of this Article by regulations made by the States, and in respect of which such conditions as may be prescribed in such regulations have been fulfilled.

ARTICLE 3

APPLICATIONS FOR CONSENT

Every application for the consent of the Committee to any transaction to which this Law applies shall contain or be accompanied by such particulars, information and documents as may be required by the Committee and the Committee may require the application to be verified by an affidavit made by the applicant or some other person having a knowledge of the facts.

ARTICLE 4

POWER TO REVOKE CONSENTS

(1)           The Committee may call on any person to whom consent has been granted under this Law, at any time before the completion of the transaction to which the consent relates, to show cause why that consent should not be revoked on the ground –

(a)     that a false or misleading statement has been made in connexion with the application for consent; or

(b)     that all the material facts in connexion with the transaction were not submitted to the Committee.

(2)           Where the Committee calls on any person to show cause under this Article, that person shall forthwith surrender to the Committee the evidence of the consent delivered to him by the Committee and shall not proceed with the transaction to which the consent relates until the Committee has determined whether or not the consent shall be revoked.

(3)           Unless cause is shown to the Committee why the consent should not be revoked, the Committee may revoke the consent, which shall thereupon be deemed not to have been obtained.

(4)           Where the Committee revokes the consent it shall furnish to the person to whom consent had been granted a statement in writing of the reasons for the revocation.

ARTICLE 5

APPEALS

Any person aggrieved by any decision of the Committee under Article 2 or Article 4 of this Law may appeal either in term or in vacation to the Royal Court within two months of the date of the notification of the decision on the ground that the decision was unreasonable having regard to all the circumstances of the case.

ARTICLE 6

POWER TO OBTAIN INFORMATION IN RELATION TO OFFENCES

(1)           If the Bailiff is satisfied by information on oath that there is reasonable ground to believe that an offence against this Law has been committed by any person, he may, in his discretion, grant a warrant authorizing any person named in the warrant, for the purpose of obtaining any information or evidence in relation to the commission of any such offence, to do from time to time all or any of the following things –

(a)     inspect and examine any books, accounts, vouchers, records or documents;

(b)     require any person to produce any books, accounts, vouchers, records or documents in his possession, or under his control, and to allow copies of or extracts from any such books, accounts, vouchers, records or documents to be made;

(c)     require any person to furnish any information or particulars that may be required of him, not being information or particulars tending to incriminate him;

(d)     enter on and inspect any land.

(2)           Any person who –

(a)     wilfully resists, obstructs, hinders, deceives, or attempts to deceive, any person who is exercising any power or function under this Article;

(b)     wilfully makes any false or misleading statement or any material omission in any information or particulars furnished under this Article;

(c)     fails to comply in any respect with any requirement under this Article; or

(d)     aids, abets, counsels or procures, or is in any way knowingly concerned with, the commission of any such offence as aforesaid;

shall be guilty of an offence and shall be liable to a fine.

ARTICLE 7

OFFENCES

(1)           Any person who –

(a)     without lawful excuse acts in contravention of or fails to comply with any provision of this Law or with any condition made or imposed under this Law;

(b)     with intent to deceive makes any false or misleading statement or any material omission in any application to the Committee, or in any communication (whether in writing or otherwise) to the Committee or any person, for the purposes of this Law;

(c)     whether as principal or agent and whether by himself or his agent, enters into, or offers to enter into, or procures or induces or attempts to procure or induce any other person to enter into, any transaction or arrangement that is or is intended to be inconsistent with an application made or to be made, or consent given or to be given, under this Law;

(d)     whether as principal or agent and whether by himself or his agent, and whether as vendor, purchaser, lessor, lessee or other party, or otherwise howsoever, is party to any device, plan or scheme for any transaction or arrangement that is or is intended to be in contravention of this Law or inconsistent with any application made or to be made, or consent given or to be given, under this Law;

shall be guilty of an offence and shall be liable to a fine.

(2)           In any proceedings for an offence against this Law, the burden of proving that the consent of the Committee has been granted to any transaction, or that this Law did not apply to any transaction, shall be on the person charged with the offence.

(3)           Notwithstanding any enactment or rule of law to the contrary, proceedings which may be taken against any person for an offence against this Law may be taken within the period of a year and a day from the date on which evidence, sufficient in the opinion of the Attorney General to justify the proceedings, comes to the knowledge of the Committee or, where the person in question was outside the Island at that date, within the period of a year and a day from the date on which he first lands in the Island thereafter, whichever of the said periods last expires.

(4)           For the purposes of paragraph (3) of this Article, a certificate under the hand of the President of the Committee as to the date on which such evidence as aforesaid came to the knowledge of the Committee shall be conclusive evidence thereof.

ARTICLE 8

SHORT TITLE

This Law may be cited as the Agricultural Land (Control of Sales and Leases) (Jersey) Law, 1974.

 

E.J.M. POTTER

 

Greffier of the States.


Page Last Updated: 09 Jun 2015