
Covid-19
(Island Plan) (Jersey) Regulations 2021
Made 10th February 2021
Coming into
force 11th February 2021
THE STATES make these Regulations under Article 2
of the Covid‑19 (Enabling Provisions) (Jersey) Law 2020[1] –
1 Interpretation
These Regulations amend the
Planning and Building (Jersey) Law 2002[2], and unless otherwise indicated, a reference in these Regulations
to an Article is a reference to the Article of the same number in that Law.
2 Amendment of Law
(1) In Article 1(1) (interpretation) after
the definition “breach of development controls” there is inserted –
“ “bridging plan” is to be
construed in accordance with Article 3(2)(a);”.
(2) In Article 3 (Minister to prepare a
draft Island Plan) for paragraphs (2) to (6) there is substituted –
“(2) A
draft Island Plan must set out the Minister’s proposed policies in respect of
the development and use of land –
(a) in
the case of a draft Island Plan formulated during the outbreak of Covid-19 or its
aftermath (the “bridging plan”), for a period of up to 3 years beginning
with the approval of such a plan by the States; or
(b) in
the case of a draft Island Plan other than the draft bridging plan, for a
period of no more than 10 years following any period for which a previous
Island Plan was approved by the States.
(2A) A
draft Island Plan must be presented to the States in such time that the States
may approve it, with or without amendment –
(a) in
the case of the draft bridging plan, within 3 years of the approval of
that plan by the States or within a reasonable time after the end of that
period; or
(b) in
the case of a draft Island Plan other than the draft bridging plan, within 10 years
of such approval or within a reasonable time after the end of that period.
(2B) But
if the end of the period for which an Island Plan (an “existing Plan”) was
approved by the States occurs before a subsequent Island Plan is so approved,
the existing Plan remains in effect until the date of approval of a subsequent
Island Plan.
(2C) A
draft Island Plan must be lodged in accordance with paragraph (3A) (in the
case of the draft bridging plan), Article 4A and such further provision as
may be made by Order.
(3) In
preparing a draft Island Plan, the Minister must publicise the Minister’s
proposals and invite representations on those proposals from the public.
(3A) In
the case of the draft bridging plan, the draft bridging plan itself must be
lodged for a period of not less than 12 weeks, and during that period –
(a) the
draft bridging plan must be publicised;
(b) representations
on the Minister’s proposals in the draft bridging plan may be made to the
Minister by the public; and
(c) amendments
to the draft bridging plan may be proposed and lodged by Members of the States
Assembly.
(4) The
Minister must by Order prescribe the manner in which –
(a) the
Minister’s proposals, in the form of a draft Island Plan other than a draft
bridging plan or in the form of the drafting bridging plan itself, are to be
publicised; and
(b) representations
on those proposals from the public are to be made.
(5) Orders
may also prescribe the procedures by which representations by the public, and
amendments to the draft bridging plan lodged by Members of the States Assembly,
are to be heard in public.
(6) In
preparing, for approval by the States, a draft Island Plan or amendments to be
proposed by the Minister to the draft bridging plan, the Minister must consider –
(a) any
representations from the public which the Minister has received; and
(b) in
the case of the draft bridging plan, any amendments lodged by Members of the
States Assembly.
(7) In
this Part, “lodged” means lodged au Greffe.”.
(3) In Article 4A (procedure for and
following lodging of draft Island Plan) for paragraphs (2) to (7) there is
substituted –
“(2) An
amendment to a draft Island Plan cannot be debated by the States –
(a) in
the case of an amendment to the draft bridging plan, unless it has been lodged
during –
(i) the period of 12 weeks
mentioned in Article 3(3A), or
(ii) such further period,
ending not less than 5 weeks before the debate, as may be prescribed by
Order; or
(b) in
the case of an amendment to a draft Island Plan other than the draft bridging
plan, unless it has been lodged for a minimum period of 8 weeks.
(3) An
amendment to an amendment to a draft Island Plan cannot be debated by the
States –
(a) in
the case of an amendment to an amendment to the draft bridging plan, unless it
has been lodged during –
(i) the period of 12 weeks mentioned in
Article 3(3A), or
(ii) such
further period, ending not less than 4 weeks before the debate, as may be
prescribed by Order;
(b) in
the case of an amendment to an amendment to a draft Island Plan other than the
draft bridging plan, unless it has been lodged for a minimum period of 6 weeks.
(3A) An
amendment by the Minister to the Minister’s proposals in the draft bridging
plan cannot be debated by the States unless it has been –
(a) made
in accordance with such further provision on the procedure for the draft
bridging plan as may be made by Order; and
(b) lodged
for a minimum period of 2 weeks.
(4) But
paragraph (2), (3) or (3A), as the case may be, does not apply if the
States agree that an amendment lodged by the Minister may be debated forthwith
or on a day or at a time approved by the States.”.
3 Citation and
commencement
These Regulations may be cited as the Covid-19 (Island Plan)
(Jersey) Regulations 2021 and come into force on the day after the day on
which they are made.