Control of Housing and Work (Transitional and Consequential Provisions) (Jersey) Regulations 2013

Arrangement

Regulation

1                 Transitional and saving provisions. 3

2                 Enactments amended. 3

3                 Citation and commencement 3

transitional and savings provisions  4

part 1: application of legislation   4

1                 Interpretation. 4

2                 Residential and employment status – Regulation 1(1) (g) and (k) of the former Housing Regulations  4

3                 Conditions attached to a housing consent granted under the former housing Regulations  5

4                 Particular provisions relating to conditions attached to consents under Regulation 1(1)(j) of the former Housing Regulations. 6

5                 Residential and employment status – former category 1(1)(h)s. 6

6                 Deemed licence conditions. 6

7                 Further provision relating to Regulation 1(1)(j) persons. 7

8                 Disapplication of CHW Law.. 7

part 2: housing consent conditions revoked   8

9                 Housing consent conditions revoked. 8

consequential amendments of enactments  11

1                 Income Tax (Jersey) Law 1961. 11

2                 Building Loans (Miscellaneous Provisions) (Jersey) Regulations 1961. 13

3                 Police Force (Prescribed Offences) (Jersey) Order 1974. 14

4                 Protection of Employment Opportunities (Jersey) Law 1988. 14

5                 Stamp Duties and Fees (Jersey) Law 1998. 14

6                 Children (Jersey) Law 2002. 15

7                 Police Procedures and Criminal Evidence (Jersey) Law 2003. 15

8                 Money Laundering (Jersey) Order 2008. 15

9                 Taxation (Land Transactions) (Jersey) Law 2009. 15

 


Control of Housing and Work (Transitional and Consequential Provisions) (Jersey) Regulations 2013

Made                                                                          6th March 2013

Coming into force                              in accordance with Regulation 3

THE STATES, in pursuance of Articles 44 and 52 of the Control of Housing and Work (Jersey) Law 2012,[1] have made the following Regulations –

1        Transitional and saving provisions

Schedule 1 shall have effect.

2        Enactments amended

Schedule 2, setting out amendments consequential on the Control of Housing and Work (Jersey) Law 2012[2], shall have effect.

3        Citation and commencement

These Regulations may be cited as the Control of Housing and Work (Transitional and Consequential Provisions) (Jersey) Regulations 2013 and shall come into force on the same day as the Control of Housing and Work (Jersey) Law 2012[3] comes into force.

a.h. harris

Deputy Greffier of the States

 


SCHEDULE 1

(Regulation 1)

transitional and savings provisions

part 1: application of legislation

1        Interpretation

(1)     In this Schedule, unless the context otherwise requires –

“CHW Law” means the Control of Housing and Work (Jersey) Law 2012[4];

“CHW Regulations” means the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013[5];

“former Housing Regulations” means the Housing (General Provisions) (Jersey) Regulations 1970[6];

“former RUD Regulations” means the Regulation of Undertakings and Development (Jersey) Regulations 1978[7];

“Hawkers Law” means the Hawkers and Non-Resident Traders (Jersey) Law 1965[8];

“Housing Law” means the Housing (Jersey) Law 1949[9];

“RUD Law” means the Regulation of Undertakings and Development (Jersey) Law 1973[10].

(2)     For the purposes of this Schedule, a person is a Regulation 1(1)(j) person if, immediately before the date that these Regulations come into force –

(a)     the person is working in a post (or has been appointed to work in a post) in respect of which the Minister for Housing has notified the person carrying on the undertaking concerned that the person occupying the post satisfies the requirements for consent under Regulation 1(1)(j) of the former Housing Regulations; and

(b)     the person does not satisfy the requirements for consent granted by the Minister for Housing under any of sub-paragraphs (a) to (h) or (k) to (n) of Regulation 1(1) of the former Housing Regulations.

(3)     References to “property” in this Schedule include, where relevant, units of dwelling accommodation.

2        Residential and employment status – Regulation 1(1) (g) and (k) of the former Housing Regulations

(1)     A person who, immediately before the date that these Regulations come into force, was subject to a condition attached to a consent under Regulation 1(1)(k) of the former Housing Regulations shall be deemed to have been granted Entitled status under Regulation 2(1)(e) of the CHW Regulations on the date that these Regulations come into force.

(2)     A person who, immediately before the date that these Regulations come into force, was subject to a condition attached to a consent under Regulation 1(1)(g) of the former Housing Regulations shall be deemed to have been granted Entitled status under Regulation 2(1)(f) of the CHW Regulations on the date that these Regulations come into force.

3        Conditions attached to a housing consent granted under the former housing Regulations

(1)     This paragraph applies to a condition attached to a consent to the sale or transfer of land or a registered contract of lease granted by the Minister under Regulation 1 of the former Housing Regulations.

(2)     Subject to sub-paragraphs (3) and (9), a condition described in sub-paragraph (1) shall be deemed to be a condition that falls within Article 13(7) of the CHW Law.

(3)     Sub-paragraph (2) does not apply to –

(a)     a condition attached to a consent granted under Regulation 1(1)(g), (j) or (k) of the former Housing Regulations that refers by name to an individual occupier of property; or

(b)     a condition attached to a consent granted under Regulation 1(1) of the former Housing Regulations that gives effect to a condition of a licence granted under the RUD Law requiring staff of an undertaking to occupy specified property.

(4)     A condition attached to a consent granted under Regulation 1(1) (g) or (k) of the former Housing Regulations that refers by name to an individual occupier of property shall be deemed to be a condition under Regulation 2(2) of the CHW Regulations subject to which the person has deemed Entitled status by virtue of Regulation 2 of these Regulations.

(5)     A condition attached to consent granted under Regulation 1(1) (j) of the former Housing Regulations that refers to an individual occupier of the property by name shall be deemed to be a condition to which the Licensed status of that individual is subject under Regulation 3(2) of the CHW Regulations.

(6)     A condition that refers to a person (whether or not expressly) –

(a)     as being essentially employed, or

(b)     of a category specified in Regulation 1(1)(j) of the former Housing Regulations,

shall be deemed to refer to a person with Licensed status.

(7)     A condition that refers to a person other than a person described in sub-paragraph (6), shall be deemed to refer to a person with Entitled status.

(8)     A condition that refers to a Particulars of Exempted Transaction form shall be deemed to exclude a reference to that form.

4        Particular provisions relating to conditions attached to consents under Regulation 1(1)(j) of the former Housing Regulations

(1)     Notwithstanding anything to the contrary in any condition attached to a consent granted under Regulation 1(1)(j) of the former Housing Regulations, conditions attached to such a consent shall be deemed –

(a)     to allow a person who has Licensed status to transfer property in respect of which such consent was granted into his or her own name and, if applicable, the name of the person’s spouse or civil partner, at any time on or after the date that Article 19 of the CHW Law comes into force; and

(b)     to require the person to transfer the property into his or her own name, and if applicable, the name of the person’s spouse or civil partner, as soon as reasonably practicable after the person acquires Entitled status in accordance with the CHW Regulations.

(2)     For the avoidance of doubt, any transfer of property that is made by virtue of paragraph (1)(a) and is a transaction described in Article 18(1)(a) of the CHW Law is subject to Article 19(7) of that Law.

5        Residential and employment status – former category 1(1)(h)s

A person who, immediately before the date that these Regulations come into force, satisfied the requirements for consent granted by the Minister to a sale, transfer of land or registered contract of lease under Regulation 1(1)(h) of the former Housing Regulations (regardless of whether or not the individual at that time was intending to enter into a sale, transfer of land or a registered contract of lease) shall be deemed to have Entitled status under Regulation 2(1)(c) of the CHW Regulations regardless of whether or not the person satisfies all the conditions set out in Regulation 2(1)(c).

6        Deemed licence conditions

(1)     A licence deemed under Article 50 of the CHW Law to be a business licence shall be deemed to include the following conditions on the date that these Regulations come into force as if they were specified by the Minister under Article 27(1) of that Law –

(a)     the maximum number of individuals with Licensed status who are permitted to work in or for the undertaking shall be the same number of individuals permitted to work in or for the undertaking who are Regulation 1(1)(j) persons;

(b)     the maximum number of individuals with Registered status who are permitted to work in or for the undertaking shall be the same number of individuals permitted to work in or for the undertaking immediately before the date that these Regulations come into force who were not locally qualified for a position in an undertaking within the meaning of Regulation 2(2) of the former RUD Regulations;

(c)     any work of a general description comprised in a post to which a Regulation 1(1)(j) person has been appointed by an undertaking shall be work of a description that may be done by Licensed persons in or for that undertaking.

(2)     Without prejudice to any other provision in a licence or CHW Law that may cause the expiry of the licence on an earlier date, a licence shall expire on the date that any application following a significant change of ownership, as referred to in Article 25(3) of the CHW Law, is determined by the Minister.

(3)     Any condition deemed under Article 50(1) of the CHW Law to be a condition subject to which a licence is granted under Article 26 of that Law referring to –

(a)     a person who is locally qualified for a position in an undertaking within the meaning of Regulation 2(2) of the former RUD Regulations, other than by virtue of Regulation 1(1)(j) of the former Housing Regulations, shall be deemed to refer to both an Entitled person and an Entitled for Work Only person;

(b)     a person who is essentially employed, or a person to whom Regulation 1(1)(j) of the former Housing Regulations applies (or similar expressions), shall be deemed to refer to a Licensed person;

(c)     a person who is not locally qualified within the meaning of Regulation 2(2) of the former RUD Regulations shall be deemed to refer to a Registered person.

(4)     Where an undertaking is deemed under Article 50 of the CHW Law to have a licence granted under that Law, the nature of the undertaking authorized by the licence shall be deemed to be a condition of the licence as if specified by the Minister under Article 26(5) of that Law.

7        Further provision relating to Regulation 1(1)(j) persons

A condition which has been notified to a Regulation 1(1)(j) person by the Minister as being a condition of that person being granted consent under Regulation 1(1)(j) of the former Housing Regulations shall, if no provision is made elsewhere in this Schedule concerning that condition, be deemed to be a condition to which the Licensed status of that person is subject under Regulation 3(2) of the CHW Regulations.

8        Disapplication of CHW Law

(1)     Notwithstanding Article 21(1) of the CHW Law, a person who is a party to a specified transaction that takes place on or after the date that Article 51 of that Law comes into force shall not be guilty of an offence for contravention of Article 19(1)(a) of that Law provided that –

(a)     an application to the Minister for consent to that transaction under Regulation 1(1) of the former Housing Regulations was made before that date; and

(b)     the Minister has given consent to the specified transaction under the former Housing Regulations.

(2)     Where an application is made to the Minister for consent as referred to in sub-paragraph (1)(a), the Minister may give consent for the purposes of sub-paragraph (1)(b) on or after the date that Article 51 of the CHW Law comes into force, notwithstanding that Article’s repeal of the Housing Law.

(3)     The provisions of this Schedule shall apply to any consent granted under sub-paragraph (2) as if the consent had been granted immediately before the date that these Regulations come into force.

(4)     Notwithstanding Article 24(11) of the CHW Law, a person who starts new work without a registration card shall not be guilty of an offence in contravention of Article 24(1) of that Law provided that the person applies for a registration card no later than 21 days after the commencement of that Article.

(5)     Notwithstanding Article 50 of the CHW Law, if –

(a)     immediately before the date that Article 50 comes into force, an undertaking held a licence granted under Part 2 of the RUD Law or Article 2 of the Hawkers Law; and

(b)     on the date that Article 25 of the CHW Law comes into force no licence is required to be held by the undertaking under that Law,

a licence shall not be deemed to have been granted under Article 50 of the CHW Law in respect of the undertaking.

part 2: housing consent conditions revoked

9        Housing consent conditions revoked

There is revoked any condition attached to a consent under the former Housing Regulations, such condition being the same or substantially similar to a condition set out in any of sub-paragraphs (a) to (n) –

(a)     That the dwelling accommodation on the land shall be used exclusively or mainly for residential purposes, and there shall be no diminution of such existing area of private dwelling accommodation.

(b)     That the dwelling accommodation on the land shall be used exclusively or mainly for residential purposes, and there shall be no diminution of the existing area or number of units of such existing private dwelling accommodation.

(c)     That the dwelling accommodation on the land, comprising [name or description] shall be used exclusively or mainly for residential purposes, and there shall be no diminution of such existing area of private dwelling accommodation.

(d)     That the property shall be occupied by the purchaser/s as his/their/her sole or principal place of residence, or by persons specifically approved by the Minister as being persons qualifying under Paragraph 1 of Regulation 1 of the Housing (General Provisions) (Jersey) Regulations 1970[11], as amended, or by persons who have submitted a Particulars of Exempted Transaction form in accordance with Regulation 7(1) of the above Regulations, and who will occupy the accommodation as their sole or principal place of residence.

(e)     That the property shall be occupied by the purchaser/s as his/their/her sole or principal place of residence, or shall be let unfurnished to, or be otherwise occupied by, persons approved by the Minister as being persons of a category specified in Regulation 1(1)(a), (b), (c), (d), (e), (f), (g) or (h) of the Housing (General Provisions) (Jersey) Regulations 1970, as amended, or by persons who have submitted a Particulars of Exempted Transaction form in accordance with Regulation 7(1) of the above Regulations, and who will occupy the accommodation as their sole or principal place of residence.

(f)      That the property shall be occupied by the purchaser/s as his/their/her sole or principal place of residence or shall be let unfurnished to, or be otherwise occupied by, persons approved by the Minister as being persons of a category specified in Regulation 1(1)(a), (b), (c), (d), (e), (f), (g), (h) or (j) of the Housing (General Provisions) (Jersey) Regulations 1970, as amended, or by persons who have submitted a Particulars of Exempted Transaction form in accordance with Regulation 7(1) of the above Regulations, and who will occupy the accommodation as their sole or principal place of residence.

(g)     That the lessee/s shall occupy the property/accommodation as his/their/her sole or principal place of residence, or such accommodation shall not, without the consent of the Minister, be let unfurnished to, or be occupied by any persons other than those approved by the Minister as being persons of a category specified in Regulation 1(1)(a), (b), (c), (d), (e), (f), (g) or (h) of the Housing (General Provisions) (Jersey) Regulations 1970, as amended, or by persons who have submitted a Particulars of Exempted Transaction form in accordance with Regulation 7(1) of the above Regulations, and who will occupy the accommodation as their sole or principal place of residence.

(h)     That the lessee/s shall occupy the property/accommodation as his/their/her sole or principal place of residence, or such accommodation shall not, without the consent of the Minister, be let unfurnished to, or be occupied by any persons other than those approved by the Minister as being persons of a category specified in Regulation 1(1)(a), (b), (c), (d), (e), (f), (g), (h) or (j) of the Housing (General Provisions) (Jersey) Regulations 1970, as amended, or by persons who have submitted a Particulars of Exempted Transaction form in accordance with Regulation 7(1) of the above Regulations, and who will occupy the accommodation as their sole or principal place of residence.

(i)      That the dwelling accommodation at the property shall be occupied by [name] as his/their/her sole or principal place of residence, or, shall not, without the consent of the Minister, be let unfurnished to, or be occupied by any persons, other than those approved by the Minister as being persons of a category specified in Regulation 1(1)(a), (b), (c), (d), (e), (f), (g) or (h) of the Housing (General Provisions) (Jersey) Regulations 1970, as amended, or by persons who have submitted a Particulars of Exempted Transaction form in accordance with Regulation 7(1) of the above Regulations, and who will occupy the accommodation as their sole or principal place of residence.

(j)      That the property shall be occupied by [name], as his/their/her sole or principal place of residence, or, shall not, without the consent of the Minister, be let unfurnished to or be occupied by any persons, other than those approved by the Minister as being persons of a category specified in Regulation 1(1)(a), (b), (c), (d), (e), (f), (g) or (h) of the Housing (General Provisions) (Jersey) Regulations 1970, as amended, or by persons who have submitted a Particulars of Exempted Transaction form in accordance with Regulation 7(1) of the above Regulations, and who will occupy the accommodation as their sole or principal place of residence.

(k)     That the existing units of dwelling accommodation upon the land, and any further units of dwelling accommodation that may be created upon the land, shall be let unfurnished to, or be otherwise occupied by, persons approved by the Minister as being persons of a category specified in Regulation 1(1)(a), (b), (c), (d), (e), (f), (g) or (h) of the Housing (General Provisions) (Jersey) Regulations 1970, as amended, or by persons who have submitted a Particulars of Exempted Transaction form in accordance with Regulation 7(1) of the above Regulations, and who will occupy the accommodation as their sole or principal place of residence.

(l)      That the existing units of dwelling accommodation at the property shall not, without the consent of the Minister, be let unfurnished to, or be occupied by any persons other than those approved by the Minister as being persons of a category specified in Regulation 1(1)(a), (b), (c), (d), (e), (f), (g), (h) or (j) of the Housing (General Provisions) (Jersey) Regulations 1970, as amended, or by persons who have submitted a Particulars of Exempted Transaction form in accordance with Regulation 7(1) of the above Regulations, and who will occupy the accommodation as their sole or principal place of residence.

(m)    That the dwelling/s proposed to be constructed upon the land in question shall not, without the consent of the Minister, be occupied other than by persons approved by the Minister as being persons of a category specified in Regulation 1(1)(a), (b), (c), (d), (e), (f), (g) or (h) of the Housing (General Provisions) (Jersey) Regulations 1970, as amended, or by persons who have submitted a Particulars of Exempted Transaction form in accordance with Regulation 7(1) of the above Regulations, and who will occupy the accommodation as their sole or principal place of residence.

(n)     That the existing unit/s of dwelling accommodation comprising the [name or description] at the property shall not, without the consent of the Minister, be let unfurnished to, or be occupied by any persons other than those approved by the Minister as being persons of a category specified in Regulation 1(1)(a), (b), (c), (d), (e), (f), (g) or (h) of the Housing (General Provisions) (Jersey) Regulations 1970, as amended, or by persons who have submitted a Particulars of Exempted Transaction form in accordance with Regulation 7(1) of the above Regulations, and who will occupy the accommodation as their sole or principal place of residence.

SCHEDULE 2

(Regulation 2)

consequential amendments of enactments

1        Income Tax (Jersey) Law 1961

For Part 21A of the Income Tax (Jersey) Law 1961[12] there shall be substituted the following Part –

“part 21a

special provision for person granted 1(1)(k) housing consent or Entitled status under regulation 2(1)(e)

135A Persons granted 1(1)(k) housing consent or Entitled status under Regulation 2(1)(e)

(1)     This Article applies to any person who, pursuant to a 1(1)(k) housing consent granted on or after 1st January 2005, or, being granted Regulation 2(1)(e) status, acquires land or property conferring a right to occupy land (whether or not that person has previously been granted such a consent or has previously been granted such status).

(2)     This Article shall cease to apply to the person upon –

(a)     the revocation of the 1(1)(k) housing consent or, as the case may be, the loss of Regulation 2(1)(e) status;

(b)     the person ceasing to own the land or property, unless within the period of 6 months following such cessation, the person acquires other land or property conferring a right to occupy land pursuant to a further 1(1)(k) consent or following the grant or verification of Regulation 2(1)(e) status.

(3)     Subject to paragraph (4), notwithstanding the rate of tax required by Article 1 to be charged for a year of assessment, where, for that year of assessment, so much of the person’s total income as is not Jersey income exceeds the prescribed limit, the amount of the excess shall be chargeable to tax at the prescribed rate.

(4)     Paragraphs (5) and (6) apply in a person’s case instead of paragraph (3) if –

(a)     the person acquires land or property conferring a right to occupy land pursuant to a 1(1)(k) housing consent granted pursuant to an application made on or after 22nd July 2011 or is granted Regulation 2(1)(e) status; and

(b)     the person has not previously been granted a 1(1)(k) housing consent.

(5)     Notwithstanding the rate of tax required by Article 1 to be charged for a year of assessment, where, for a year of assessment, so much of the income of a person to whom this paragraph applies by virtue of paragraph (4) as is chargeable to tax under Schedule D exceeds the limit prescribed for the purposes of this paragraph for that year, the amount of the excess of that income chargeable to tax under Schedule D shall be charged to tax at the rate prescribed for the purposes of this paragraph.

(6)     In calculating, for the purposes of paragraph (5), the amount of a person’s income chargeable to tax under Schedule D there shall be disregarded any dividend declared out of profits or gains charged to tax at the standard rate on any body of persons.

(7)     The States may by Regulations, for the purposes of each of paragraphs (3) and (5), specify a prescribed limit and either a single prescribed rate or different prescribed rates to apply to different portions of so much of a person’s income as is chargeable to tax in accordance with the paragraph.

(8)     In this Article –

‘application’ means an application for 1(1)(k) housing consent made under Article 13 of the Housing (Jersey) Law 1949[13];

‘dividend’ includes a distribution made by a company;

‘1(1)(k) housing consent’ means consent under the Housing (Jersey) Law 1949 for the sale, transfer or lease of any land in the case described in Regulation 1(1)(k) of the Housing (General Provisions) (Jersey) Regulations 1970[14];

‘Jersey income’ means –

(a)     all annual profits or gains arising or accruing from –

(i)      any rents or receipts described in Article 51,

(ii)      any kind of property whatever, situated in Jersey,

(iii)     any trade exercised in Jersey, whether or not through a fixed place of business in Jersey,

(iv)     any profession, employment, vocation or office exercised within Jersey, or

(v)     any pension arising in Jersey;

(b)     all interest of money and annuities arising in Jersey; and

(c)     all sums paid to an individual or an individual’s personal representative pursuant to Article 131D or 131E,

and includes any payment to be charged to tax by virtue of Article 86(2)(e);

‘Regulation 2(1)(e) status’ means the grant of Entitled status under Regulation 2(1)(e) of the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013[15] or the verification of that status as referred to in Article 5(4)(a) of the Control of Housing and Work (Jersey) Law 2012[16].

(1)     Notwithstanding anything in this Law or any other enactment –

(a)     the Comptroller may disclose information to –

(i)      the Minister for Housing or to the Chief Minister, including an officer in an administration of the States for which either Minister is responsible, for any purpose connected with the grant and revocation of 1(1)(k) housing consents, or

(ii)      the Chief Minister, including an officer in an administration of the States for which the Minister is responsible, for any purpose connected with the grant and loss of Regulation 2(1)(e) status;

(b)     an officer in an administration of the States for which the Minister of Housing or the Chief Minister, as the case may be, is assigned responsibility may disclose information to the Comptroller for the purposes of the administration of this Article.

(2)     A person to whom information is disclosed pursuant to paragraph (1) shall use it only for the purposes for which it is disclosed.

(3)     In this Article –

‘1(1)(k) housing consent’ has the same meaning as in Article 135A;

‘officer’ has the same meaning as in Article 25 of the States of Jersey Law 2005[17];

‘Regulation 2(1)(e) status’ has the same meaning as in Article 135A.”.

2        Building Loans (Miscellaneous Provisions) (Jersey) Regulations 1961

For paragraph (a) of Regulation 1 of the Building Loans (Miscellaneous Provisions) (Jersey) Regulations 1961[18] there shall be substituted the following paragraph –

“(a)    in the case of a loan granted for a purpose specified in Article 3 of the Building Loans (Jersey) Law 1950[19] (referred to in these Regulations as the “Law”), he or she has –

(i)      Entitled Status, or

(ii)      Entitled for Work Only status by virtue of being the spouse of a person with Entitled status,

in accordance with the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013[20];”.

3        Police Force (Prescribed Offences) (Jersey) Order 1974

For item 23 in Part 2 of the Schedule to the Police Force (Prescribed Offences) (Jersey) Order 1974[21] there shall be substituted the following item –

“23.    Control of Housing and Work (Jersey) Law 2012[22], Part 7, to the extent that it applies to non-resident traders.”.

4        Protection of Employment Opportunities (Jersey) Law 1988

For Article 3 of the Protection of Employment Opportunities (Jersey) Law 1988[23] there shall be substituted the following Article –

“3      Power to prohibit the taking of prescribed employment without consent

(1)     The States may, by Regulations, provide that no person shall take employment of any category prescribed in the Regulations without the consent of the Minister.

(2)     However Regulations under paragraph (1) shall not apply to any of the following –

(a)     a member of the States;

(b)     an ordinary judge appointed under the Court of Appeal (Jersey) Law 1961[24];

(c)     a jurat or a Commissioner appointed under the Royal Court (Jersey) Law 1948[25];

(d)     the Viscount;

(e)     the Judicial Greffier;

(f)      a person who has Entitled or Entitled for Work Only status in accordance with Regulations made under Article 2 of the Control of Housing and Work (Jersey) Law 2012[26].

(3)     In paragraph (2)(a), ‘member of the States’ has the same meaning as in the States of Jersey Law 2005[27].”.

5        Stamp Duties and Fees (Jersey) Law 1998

In Part 1 of the Schedule to the Stamp Duties and Fees (Jersey) Law 1998[28] –

(a)     for item 1(ba)(E) there shall be substituted the following clause –

“(E)   the borrower to whom clause (D)(a) applies or the occupier to whom clause D(b) applies is a person who –

(i)      has Entitled status in accordance with the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013[29], other than by virtue of Regulation 2(1)(e) of those Regulations,

(ii)      has Licensed status in accordance with those Regulations, or

(iii)     is the spouse or civil partner of a person described in clause (i) or (ii) and is a joint borrower or occupier with that person; and”;

(b)     for item 13(m)(B) there shall be substituted the following clause –

“(B)   the lessee or transferee is a person who has Entitled status in accordance with the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013[30], other than by virtue of Regulation 2(1)(e) of those Regulations or is the spouse or a civil partner of such a person and is joint lessee or transferee with that person.”.

6        Children (Jersey) Law 2002

In Article 48(6) of the Children (Jersey) Law 2002[31], for the words “includes employment as a hawker within the meaning of the Hawkers and Non-Resident Traders (Jersey) Law 1965” there shall be substituted the words “includes any work within the meaning of the Control of Housing and Work (Jersey) Law 2012[32]”.

7        Police Procedures and Criminal Evidence (Jersey) Law 2003

In Schedule 3 to the Police Procedures and Criminal Evidence (Jersey) Law 2003[33] for the entry relating to “Housing (Jersey) Law 1949” there shall be substituted the following entry –

 

“Control of Housing and Work (Jersey) Law 2012[34]

Article 35(4)”.

8        Money Laundering (Jersey) Order 2008

In Article 18(8A) of the Money Laundering (Jersey) Order 2008[35] for the words “Housing (Jersey) Law 1949” there shall be substituted the words “Control of Housing and Work (Jersey) Law 2012[36]”.

9        Taxation (Land Transactions) (Jersey) Law 2009

In the Taxation (Land Transactions) (Jersey) Law 2009[37] –

(a)     in Article 3(2) for the words “of the Housing (Jersey) Law 1949” there shall be substituted the words “under Part 5 of the Control of Housing and Work (Jersey) Law 2012[38]”;

(b)     for Article 12(1) there shall be substituted the following paragraph –

“(1)    An officer in an administration of the States for which the Chief Minister is responsible may disclose to the Comptroller information given to the Chief Minister under the Control of Housing and Work (Jersey) Law 2012[39].”;

(c)     for paragraph 3A(2)(d)(ii) of the Schedule there shall be substituted the following sub-clause –

“(ii)    a person who is –

(A)    an Entitled person in accordance with the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013[40], other than by virtue of Regulation 2(1)(e) of those Regulations,

(B)     a Licensed person under those Regulations, or

(C)     the spouse or a civil partner of a person described in (A) or (B);”;

(d)     for paragraph (4)(1)(b) of the Schedule there shall be substituted the following clause –

“(b)    the occupier is –

(i)      an Entitled person in accordance with the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013[41], other than by virtue of Regulation 2(1)(e) of those Regulations, or

(ii)      the spouse or a civil partner of a person described in sub-clause (i);”.

 


 



[1]                                    L.31/2012

[2]                                    L.31/2012

[3]                                    L.31/2012

[4]                                    L.31/2012

[5]                                    R&O.29/2013

[6]                                    chapter 18.315.50

[7]                                    chapter 05.750.30

[8]                                    chapter 05.275

[9]                                    chapter 18.315

[10]                                   chapter 05.750

[11]                                   chapter 18.315.50

[12]                                   chapter 24.750

[13]                                   chapter 18.315

[14]                                   chapter 18.315.50

[15]                                   R&O.29/2013

[16]                                   L.31/2012

[17]                                   chapter 16.800

[18]                                   chapter 24.090.30

[19]                                   chapter 24.090

[20]                                   R&O.29/2013

[21]                                   chapter 23.375.75

[22]                                   L.31/2012

[23]                                   chapter 05.625

[24]                                   chapter 07.245

[25]                                   chapter 07.770

[26]                                   L.31/2012

[27]                                   chapter 16.800

[28]                                   chapter 24.960

[29]                                   R&O.29/2013

[30]                                   R&O.29/2013

[31]                                   chapter 12.200

[32]                                   L.31/2012

[33]                                   chapter 23.750

[34]                                   L.31/2012

[35]                                   chapter 08.780.30

[36]                                   L.31/2012

[37]                                   chapter 24.980

[38]                                   L.31/2012

[39]                                   L.31/2012

[40]                                   R&O.29/2013

[41]                                   R&O.29/2013


Page Last Updated: 04 Jun 2015