Control
of Housing and Work (Exemptions) (Amendment No. 5)
(Jersey) Order 2021
Made 27th April 2021
Coming into
force 4th May 2021
THE CHIEF MINISTER makes this Order under Articles 3(7),
25(9) and 27(3) of the Control of Housing and Work (Jersey) Law 2012[1] –
1 Amendment of the Control of Housing and Work (Exemptions) (Jersey)
Order 2013
This Order amends the
Control of Housing and Work (Exemptions) (Jersey) Order 2013[2].
2 Article 1 (interpretation) amended
In Article 1 –
(a) before the definition
“company” there is inserted –
“ “business visitor for establishment purposes” means a person
who –
(a) is working in a senior
position in a body, other than a non-profit body, which is responsible for the
setting up, in Jersey, of a commercial presence of a relevant service provider;
(b) is engaged in activity
necessary for the setting up of the commercial presence of that service provider;
(c) is not engaged in selling
goods or supplying services to the general public;
(d) is not engaged in any
economic activity other than that necessary for the setting up of the
commercial presence;
(e) does not receive
remuneration from any undertaking in Jersey; and
(f) is not directly employed
by an undertaking in Jersey;”;
(b) after the definition
“international group” there is inserted –
“ “GATS” means the General Agreement on Trade in Services
which is part of Annex 1B to the WTO Agreement;”;
(c) after the definition
“nurse” there is inserted –
“ “person working in a senior position” in relation to a
business visitor for establishment purposes means a person who works within a
body and who primarily directs the management of the body, receiving general
supervision or direction principally from the board of directors or
stockholders of the business or their equivalent;”;
(d) after the definition
“regulated activity” there is inserted –
“ “relevant service provider” means a service supplier falling
within Mode 4 of GATS that –
(a) has its principal place
of business in the territory of another World Trade Organization member; and
(b) has no other
representative, office, branch or subsidiary in Jersey;”;
(e) after the definition “subsidiary”
there is inserted –
“ “World Trade Organization” means the organization established by the WTO Agreement;
“WTO Agreement” means the
Agreement Establishing the World Trade Organization done at Marrakesh on 15th April 1994;”.
3 Article 2 (persons exempt from duty to have a registration
card for work) amended
In Article 2 after
sub-paragraph (f) there is inserted –
“(g) a person who is a business
visitor for establishment purposes and who is in Jersey for an aggregate period
of 90 days or less in any period of 12 months.”.
4 Article 3 (undertakings exempt from duty to have a business
licence) amended
In Article 3(1) after
sub-paragraph (n) there is inserted –
“(o) in respect of any
activity by an undertaking which is –
(i) carried out by a person
who is a business visitor for establishment purposes, and
(ii) carried out by that
person in Jersey for an aggregate period of 90 days or less in any period
of 12 months.”.
5 Article 4 (description of individuals to be disregarded for
maximum numbers condition in business licences) amended
In Article 4(1)
after sub-paragraph (e) there is inserted –
“(ea) working in Jersey as a
business visitor for establishment purposes for an aggregate period of 90 days
or less in any period of 12 months;”.
6 Citation and commencement
This Order may be cited as the Control of Housing and Work
(Exemptions) (Amendment No. 5) (Jersey) Order 2021 and comes into force 7 days
after it is made.
Senator J.A.N. Le Fondré
Chief Minister