Control of Housing and Work (Fees) (Jersey) Order 2013

Revised Edition

18.150.15

Showing the law as at 1 January 2018

This is a revised edition of the law




Control of Housing and Work (Fees) (Jersey) Order 2013

THE CHIEF MINISTER, in pursuance of Articles 3(3), 20(3), 26(3), 31 and 44 of the Control of Housing and Work (Jersey) Law 2012[1], orders as follows[2] –

Commencement [see endnotes]

1        Interpretation

(1)     In this Order –

Law” means the Control of Housing and Work (Jersey) Law 2012[3];

non-profit undertaking” means any of the following –

(a)     an organization which falls within the definition “non-profit organization” in Article 1 of the Non-Profit Organizations (Jersey) Law 2008[4] (whether or not it is registered under that Law);

(b)     a States funded body as defined in the Public Finances (Jersey) Law 2005[5];

(c)     a parish;

non-resident hawker” means a hawker who –

(a)     is not ordinarily resident in Jersey; or

(b)     does not have any permanent business premises in Jersey;

non-resident undertaking” means an undertaking where –

(a)     if only one person works for the undertaking, that person is not ordinarily resident in Jersey; or

(b)     if more than one person works for the undertaking, all or the majority of the persons working in or for the undertaking are not ordinarily resident in Jersey;

Regulations” means the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013[6].

(2)     In this Order, references to a residential and employment status are to that status as determined in accordance with the Regulations.

2        Fee to accompany an application for a registration card

(1)     The fee to accompany an application for a registration card by a person who has Licensed or Registered status is £80 if –

(a)     prior to the application, the person has never been issued with a registration card; and

(b)     at the date of the application, the person is not less than 19 years of age.[7]

(2)     The fee to accompany an application for a registration card by a person who has been granted Entitled status under Regulation 2(1)(e) of the Regulations is £7,500 if –

(a)     prior to the application the person has never been granted Entitled status under Regulation 2(1)(e) and issued with a registration card recording Entitled status; and

(b)     the person was not ordinarily resident in Jersey for a continuous period of 3 months or more immediately before the date that the Law came into force.[8]

(3)[9]

(4)[10]

2A     Fee to accompany application by legal person for consent to acquire land

The fee to accompany an application by a legal person for consent to acquire land as a party to a specified transaction is £500, if the consideration agreed in respect of the acquisition is £25,000 or more.[11]

3        Fee to accompany an application for a business licence

(1)     Where an application is made for a business licence by a non-resident undertaking, the fee to accompany the application is the fee listed in column 2 of the following table, opposite the entry in column 1 of the table stating the number of days for which, during the period of 12 months beginning with the date of grant of the licence, the undertaking proposes to operate in Jersey[12] –

 

Number of days of proposed operation in 12-month period

Fee to accompany application (£)

up to 30 days

500

31 to 60 days

1,000

61 to 90 days

1,500

91 to 180 days

2,000

181 to 270 days

2,750

271 to 365 days

3,500.

(2)     Upon an application such as described in paragraph (1), no licence shall be granted for any period exceeding 12 months.[13]

4        Fee to accompany an application for a non-resident trading licence or a non-resident hawker’s licence

(1)     The fee to accompany an application for a non-resident trading licence or an application for a hawker’s licence where the applicant is a non-resident hawker is £1,000.

(2)     No fee shall be payable under paragraph (1) if the application is by an undertaking which is either or both of the following –

(a)     a non-profit undertaking; or

(b)     an undertaking which brings cultural benefit to Jersey.

5        Annual charge in respect of Licensed persons

(1)     The annual charge for a Licensed person permitted to work in or for an undertaking by the business licence of the undertaking is £225 in respect of each Licensed person.[14]

(2)     An annual charge payable under this Article –

(a)     is payable in respect of each Licensed person permitted by an undertaking’s business licence to work in or for the undertaking on 1st November in any year, regardless of the number of such persons working for the undertaking on that day; and

(b)     must be paid by 31st December in that same year.[15]

(3)     A charge is not payable under this Article by a non-profit undertaking.

5A     Annual charge in respect of Registered persons[16]

(1)     The annual charge for a Registered person who is permitted to work for an undertaking which is an employment agency by the business licence of that undertaking (including, for the avoidance of doubt, any such person whose labour is supplied by an employment agency to any other undertaking) is £500 in respect of each Registered person.

(2)     The annual charge for a Registered person who is permitted, by the undertaking’s business licence, to work in or for an undertaking of any kind other than an employment agency as mentioned in paragraph (1) is £50 in respect of each Registered person.

(3)     An annual charge payable under this Article is payable in respect of each Registered person permitted by an undertaking’s business licence to work in or for the undertaking –

(a)     on such date as may be agreed by the Minister –

(i)      on social or economic grounds,

(ii)      whether generally or in relation to a particular undertaking or class of undertakings, and

(iii)     in consultation with such undertakings as may be concerned; or

(b)     in the absence of any such agreement as mentioned in sub-paragraph (a), in accordance with paragraph (5).

(4)     An agreement between the Minister and an undertaking under paragraph (3) must specify the date by which the annual charge must be paid, being a date no earlier than 60 days from the date on which that charge becomes payable in accordance with the agreement.

(5)     Where the Minister does not enter into an agreement under paragraph (3), an annual charge payable under this Article –

(a)     is payable in respect of each Registered person permitted by an undertaking’s business licence to work in or for the undertaking, on 1st November in any year; and

(b)     must be paid by 31st December in that same year.

(6)     In this Article, “employment agency” has the meaning given by Article 1 of the Employment Agencies (Registration) (Jersey) Law 1969.

6        Citation

This Order may be cited as the Control of Housing and Work (Fees) (Jersey) Order 2013.

 

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

Control of Housing and Work (Fees) (Jersey) Order 2013

R&O.84/2013

1 July 2013

Control of Housing and Work (Fees) (Amendment) (Jersey) Order 2017

R&O.61/2017

1 July 2017

Control of Housing and Work (Fees) (Amendment No. 2) (Jersey) Order 2017

R&O.103/2017

7 October 2017

Table of Renumbered Provisions

Original

Current

None

 

Table of Endnote References



[1]                                    chapter 18.150

[2] Preamble                  amended by R&O.61/2017

[3]                                    chapter 18.150

[4]                                    chapter 15.430

[5]                                    chapter 24.900

[6]                                    chapter 18.150.70

[7] Article 2(1)              substituted by R&O.61/2017

[8] Article 2(2)              renumbered and amended by R&O.61/2017

[9] Article 2(3)              deleted by R&O.61/2017

[10] Article 2(4)             deleted by R&O.61/2017

[11] Article 2A                inserted by R&O.61/2017

[12] Article 3(1)             numbered and substituted by R&O.61/2017

[13] Article 3(2)             numbered and substituted by R&O.61/2017          

[14] Article 5(1)             amended by R&O.61/2017

[15] Article 5(2)             substituted by R&O.61/2017

[16] Article 5A                inserted by R&O.103/2017


Page Last Updated: 19 Dec 2019