Planning and Building (Amendment No. 3) (Jersey) Law 2005

A LAW to amend further the Planning and Building (Jersey) Law 2002 to provide for the Minister with responsibility for that Law to delegate certain functions under that Law to the Planning Applications Panel, to provide for the establishment of that Panel and its functions, to repeal Article 18 of the 2002 Law and to provide for related matters.

Adopted by the States                                                    19th July 2005

Sanctioned by Order of Her Majesty in Council 15th November 2005

Registered by the Royal Court                               9th December 2005

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

1        Interpretation

In this Law, “Law” means the Planning and Building (Jersey) Law 2002.[1]

2        Articles 9A to 9H inserted

After Article 9 of the Law there shall be inserted the following Articles –

“9A   Delegation of certain functions to Planning Applications Panel

(1)     The Minister may delegate, either wholly or partly, the functions conferred upon or vested in the Minister under –

(a)     Articles 9, 11(3) to (6), 13(1) to (3), 14 to 17, 19 to 24, 26 and 28;

(b)     Article 40, 42 and 45;

(c)     an Order made under Article 76; and

(d)     an Order made under Article 81,

to the Panel established under Article 9B and may attach any condition, exception or qualification to the delegation as he or she considers appropriate.

(2)     Where the Minister delegates a function in accordance with this Article, he or she shall notify the States accordingly and specify the functions so delegated.

(3)     The power of the Minister under paragraph (1) to delegate a function is in addition, and without prejudice, to the power of the Minister under Article 27 of the States of Jersey Law 2005.

(4)     The delegation of any functions under this Article shall not prevent the Minister from exercising those functions personally.

(5)     A delegation of any functions under this Article (or any condition, exception or qualification attached to a delegation) may be amended at any time.

9B     Planning Applications Panel

(1)     There is established a Planning Applications Panel (the “Panel”) which shall carry out the functions delegated to it in accordance with Article 9A.

(2)     The Panel shall, subject to Article 9C(8), consist of the following members (‘Panel members’) –

(a)     an Assistant Minister appointed under Article 9C(1)(a); and

(b)     2 persons who are elected members and appointed under Article 6C(1)(b),

and shall, subject to this Law, regulate its own procedures by standing orders or otherwise.

(3)     The quorum for the Panel shall be 3.

(4)     Civil proceedings in respect of a decision of the Panel that is made in exercise of a function of the Minister delegated to the Panel under Article 9A shall be instituted against the Minister.

9C     Appointment to and terms of membership of Panel

(1)     The Minister shall –

(a)     subject to the agreement of the Chief Minister, appoint the Assistant Minister to the Panel; and

(b)     subject to the approval by the States of the nominations made under paragraph (2), appoint 2 elected members to the Panel.

(2)     The Minister shall nominate to the States 2 elected members for appointment to the Panel and the States shall approve or reject each such nomination and –

(a)     if the States approves a nomination, the Minister shall appoint the elected member concerned to the Panel under paragraph (1); or

(b)     if the States rejects a nomination, the Minister shall make a nomination for the vacancy.

(3)     The period of membership of the Panel for a Panel member shall be 3 years.

(4)     The Minister may revoke the appointment of a Panel member –

(a)     subject to the agreement of the Chief Minister, in the case of an appointment under paragraph (1)(a); and

(b)     subject to the approval of the States, in the case of an appointment under paragraph (1)(b).

(5)     A Panel member may resign from the Panel.

(6)     Where a vacancy occurs that is caused by the resignation, death, revocation of appointment or expiry of the period of appointment of a Panel member or the Panel member ceasing to be an elected member –

(a)     paragraph (1) shall apply to the appointment to fill the vacancy concerned; and

(b)     if that vacancy is a single vacancy to which Article 9B(2)(b) applies, paragraphs (1) and (2) shall be construed accordingly.

(7)     There shall be 2 reserve members of the Panel (‘reserve members’) who shall be appointed by the Minister and the Minister shall, for that purpose, nominate to the States 2 elected members for appointment as reserve members and the States shall either approve or reject each such nomination, and –

(a)     if the States approves a nomination, the Minister shall appoint the elected member concerned as a reserve member; or

(b)     if the States rejects a nomination, the Minister shall make a new nomination for the vacancy.

(8)     A reserve member shall, in accordance with the procedures of the Panel, sit on the Panel as a Panel member in either of the following circumstances –

(a)     if a Panel member is unable to attend a meeting of the Panel;

(b)     if a vacancy specified in paragraph (6) occurs, during the period between the vacancy occurring and the appointment to fill that vacancy.

(9)     The period of appointment as a reserve member shall be 3 years and –

(a)     the Minister may revoke an appointment and paragraph (4) shall apply to the revocation and be construed accordingly;

(b)     a reserve member may resign; and

(c)     where a reserve member resigns, dies, has his or her appointment revoked or his or her period of appointment expires or he or she ceases to be an elected member, paragraph (7) shall apply to the appointment to fill that vacancy and shall be construed accordingly.

(10)    An appointment as a Panel member or a reserve member shall expire if the member ceases to be an elected member.

(11)    A Panel member and a reserve member shall be eligible for re-appointment.

(12)    In this Article –

‘Assistant Minister’ has the meaning assigned to it by the 2005 Law;

‘elected member’ has the meaning assigned to it by the 2005 Law;

‘2005 Law’ means the States of Jersey Law 2005.[2]

9D     Immunity from legal proceedings for Panel members

No civil or criminal proceedings may be instituted against a Panel member (including a reserve member) –

(a)     for any words, arising out of the exercise of a function delegated to the Panel, spoken or written by a Panel member (including a reserve member); or

(b)     by reason of any other matter or thing brought by the Panel member (including a reserve member) to the Panel.

9E     Immunity from criminal proceedings for certain persons

Where any permission or authorization is granted in purported exercise of a function delegated under Article 9A, no criminal proceedings shall lie against any person for any act done or omitted to be done, in good faith and in accordance with the terms of the permission or authorization by reason that the functions had not be delegated, or that any requirement attached to a delegation of the functions had not been complied with.

9F     Public may attend certain Panel meetings

Where the Minister makes a delegation under Article 9A of the function relating to the granting of planning permission under Article 19, it shall be a condition of the delegation that the Panel shall permit members of the public to attend a meeting of the Panel when it is considering an application for planning permission and for that purpose –

(a)     if at any meeting that is open to the public the presiding member of the Panel is satisfied that a member of the public is behaving in a manner that is interfering with the Panel’s deliberations, the presiding member may request the member of the public concerned to leave the meeting;

(b)     a person who fails to comply with a request made in accordance with sub-paragraph (a) shall be guilty of an offence and liable to a fine not exceeding level 2 on the standard scale;

(c)     the Panel shall give at least 3 days notice in the Jersey Gazette of the meetings that will be open to the public and specify in the notice the date, time and place of the meeting and the applications for planning permissions that the Panel intends to consider at the meeting.

9G     Minutes of Panel to be evidence

A copy of any minutes of the Panel signed in accordance with the procedures of the Panel, shall be received in evidence without further proof.

9H     Protection in civil proceedings for publication without malice

(1)     This Article applies to civil proceedings instituted for publishing any account or summary of or any extract from or abstract of any document published under the authority of the Panel or any of its proceedings.

(2)     The court shall enter judgment for the defendant if satisfied that such account, summary, extract or abstract was published bona fide and without malice.”.

3        Article 18 repealed

Article 18 of the Law shall be repealed.

4        Citation and commencement

This Law may be cited as the Planning and Building (Amendment No. 3) (Jersey) Law 2005 and shall come into force on the same date as Article 42(3) of the States of Jersey Law 2005.

m.n. de la haye

Greffier of the States.

 


 



[1] L.36/2002

[2] chapter 16.800


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