Control of Housing
and Work (Exemptions) (Amendment No. 2) (Jersey)
Order 2018
Made 15th January 2018
Coming into force 22nd
January 2018
THE CHIEF MINISTER, in pursuance of Articles 27(3) and 44 of the Control of Housing
and Work (Jersey) Law 2012[1], orders as follows –
1 Interpretation
In this Order “principal Order”
means the Control of Housing and Work (Exemptions) (Jersey) Order 2013[2].
2 Article 1
amended
In Article 1 of the principal Order –
(a) after the definition “day” there is inserted the
following definition –
“ ‘full-time employment’ means employment of not less than 30 hours
per week;”;
(b) after the definition “non-resident undertaking”
there are inserted the following definitions –
“ ‘nurse’ has the same meaning as in the Health Care (Registration) (Jersey)
Law 1995[3];
‘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;”.
3 Article 4
amended
In Article 4 of the principal Order –
(a) in paragraph (1)(g)(iii), for the full-stop at the end
there is substituted a semi-colon;
(b) after paragraph (1)(g) there is added the following
sub-paragraph –
“(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.”;
(c) after paragraph (3) there are added the following
paragraphs –
“(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.
(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.
(6) The Minister may
dispense with the requirement in paragraph (5) if he or she considers it
appropriate to do so.”.
4 Schedule
added
After Article 6 of the principal Order there is added the
following Schedule –
“schedule
(Articles 1 and 4(4)(a))
Registrable occupations
Midwife
Nurse
Registered nurse: first level
Registered nurse: second
level
Social worker
Specialist community public
health nurse”.
5 Citation
and commencement
This Order may be cited as the Control of Housing and Work
(Exemptions) (Amendment No. 2) (Jersey) Order 2018 and shall come
into force 7 days after the day it is made.
senator p.f. routier, m.b.e.
for and on behalf
of
Chief Minister