SUMMARY OF LEGISLATION

BAILIWICK OF JERSEY

1 May–31 August 2019

1. LAWS ADOPTED BY THE STATES

(a)    Access to Justice (Jersey) Law 201-

        (P.23/2019—adopted in 3rd reading, 1.5.2019)

This Law makes provision for improving access to justice by establishing a legal aid scheme.

(b)   Revenue Administration (Jersey) Law 201-

        (P.122/2018—adopted in 3rd reading, 21.5.2019)

This Law provides for the administration of taxes and other charges under various enactments which raise revenue for the States of Jersey, including the Income Tax (Jersey) Law 1961 and the Goods and Services Tax (Jersey) Law 2007, and renames the Comptroller of Taxes as the Comptroller of Revenue.

(c)   Public Finances (Jersey) Law 201-

        (P.28/2019—adopted in 3rd reading, 4.6.2019)

This Law repeals the Public Finances (Jersey) Law 2005 and revises the way in which the public finances of Jersey are regulated, controlled, supervised and administered, including the way in which amounts from public finances are appropriated for particular purposes.

(d)   Taxation (Companies—Economic Substance) (Amendment) (Jersey) Law 201-

        (P.44/2019—adopted in 3rd reading, 4.6.2019)

This Law amends the Taxation (Companies—Economic Substance) (Jersey) Law which makes provision for imposing an economic substance test on certain companies regarded as resident in Jersey.

(e)    Sanctions and Asset-Freezing (Amendment) (Jersey) Law 201-

        (P.58/2019—adopted in 3rd reading, 16.7.2019).

This Law amends the Sanctions and Asset-Freezing (Jersey) Law 2019 to ensure that asset-freezes imposed by the European Union or the United Kingdom can be implemented regardless of whether the United Nations does or does not require an asset-freeze.

2. LAWS, ORDERS IN COUNCIL, ETC REGISTERED IN THE ROYAL COURT

(a)    Commissioner for Children and Young People (Jersey) Law 2019

        (L.8/2019—registered 19.7.2019. In force 26.7.2019)

(b)   Explosives (Amendment) (Jersey) Law 2019

        (L.9/2019—registered 19.7.2019. Not in force)

(c)   Public Finances (Jersey) Law 2019

        (L.10/2019—registered 19.7.2019. In force 23.7.2019)

3. APPOINTED DAY ACTS

(a)    Human Transplantation and Anatomy (Jersey) Law 2018 (Appointed Day) Act 2019

        (R&O.46/2019—in force 18.6.2019)

        Whole Law brought into force on 1 July 2019.

(b)   International Co-operation (Protection from Liability) (Jersey) Law 2018 (Appointed Day) Act 2019

        (R&O.48/2019—in force 18.6.2019)

        Whole Law brought into force on 18 June 2019.

(c)   Criminal Procedure (Jersey) Law 2018 (Appointed Day) Act 2019

        (R&O.61/2019—in force 17.7.2019)

        Parts of the Law brought into force on 18 July 2019.

(d)   Criminal Procedure (Bail) (Jersey) Law 2017 (Appointed Day) Act 2019

        (R&O.62/2019—in force 17.7.2019)

        Whole Law brought into force on 24 July 2019.

(e)    Police Procedures and Criminal Evidence (Jersey) Law 2003 (Appointed Day) (No 6) Act 2019

        (R&O.63/2019—in force 17.7.2019)

Un-commenced provisions of Part 5 and Article 108 brought into force on 24 July 2019.

(f)        European Union (Repeal and Amendment) (Commencement No 2) (Jersey) Order 2019

        (R&O.64/2019—in force 18.7.2019)

Articles 6 and 7 of European Union (Repeal and Amendment) (Jersey) Law 2018 brought into force on 19 July 2019.

(g)   Public Finances (Commencement) (Jersey) Order 2019

        (R&O.67/2019—in force 19.7.2019)

Whole of Public Finances (Jersey) Law 2019 brought into force on 23 July 2019.

4. REGULATIONS MADE BY THE STATES

(a)    Banking Business (Amendment of Law) (Jersey) Regulations 2019

        (R&O.37/2019—in force 28.5.2019)

These Regulations amend the Banking Business (Jersey) Law 1991 to make provision for limited disclosure of information held by the Jersey Financial Services Commission that originated from a participant in a college of supervisors established under Article 116 of Directive 2013/36/EU.

(b)   Sea Fisheries (Minimum Size Limits) (Amendment No 7) (Jersey) Regulations 2019

        (R&O.38/2019—in force 28.5.2019)

These Regulations amend the Schedule to the Sea Fisheries (Minimum Size Limits) (Jersey) Regulations 2001, to increase the minimum size limit for Chancre (edible) crabs.

(c)   Motor Vehicles (Removal from Private Land) (Jersey) Regulations 2019

        (R&O.39/2019—in force 21.6.2019)

These Regulations make provision for the removal and disposal of motor vehicles from private land.

(d)   Public Employees (Contributory Retirement Scheme) (Compensatory Added Years) (Amendments) (Jersey) Regulations 2019

        (R&O.44/2019—in force 25.6.2019)

These Regulations amend 4 sets of Regulations which govern the Public Employees Contributory Retirement Scheme (“PECRS”), to compensate, with added years, members whose expected pension on retirement is reduced.

(e)    Public Employees (Pension Scheme) (Transitional Provisions, Savings and Consequential Amendments) (Amendment) (Jersey) Regulations 2019

        (R&O.45/2019—in force 18.6.2019)

These Regulations amend the Public Employees (Pension Scheme) (Transitional Provisions, Savings and Consequential Amendments) (Jersey) Regulations 2015 to compensate transition members for reduced final salary retirement benefits. The amendments have retrospective effect to 1st January 2019.

(f)        Human Transplantation and Anatomy (Jersey) Regulations 2019

        (R&O.47/2019—in force 1.7.2019)

These Regulations provide that a decision to consent, or not to consent, and the appointment of a person under the Human Transplantation and Anatomy (Jersey) Law 2018 whether in relation to transplantation activities generally or one or more transplantation activities, may be recorded in the NHS Organ Donor Register.

(g)   Income Support (Amendment No 19) (Jersey) Regulations 2019

        (R&O.59/2019—not in force)

These Regulations amend the Income Support (Jersey) Regulations 2007 to increase all income support components, other than the single parent component.

(h)   Unlawful Public Entertainments (Jersey) Regulations 2019

        (R&O.60/2019—in force 21.7.2019)

These Regulations replace the Unlawful Public Entertainments (Jersey) Regulations 2016 on their expiry, and expire after another 3 years.

5. OTHER SUBORDINATE LEGISLATION OF NOTE

None.

6. RULES OF COURT

(a)    Criminal Procedure (Bail) Rules 2019

        (R&O.51/2019—not in force)

These Rules supplement the bail provisions of the Criminal Procedure (Bail) (Jersey) Law 2017 by setting out rules related to the forfeiture of security provided in respect of a defendant’s surrender to custody, to the approval and regulation of sureties and to the certification of copies of decision to grant bail.

(b)   Police Procedures and Criminal Evidence (Variation of Bail Conditions) Rules 2019

        (R&O.52/2019—not in force)

These Rules supplement the bail provisions of the Police Procedures and Criminal Evidence (Jersey) Law 2003 by prescribing the form that an applicant must fill out to apply for a variation in conditions of bail.

(c)   Court of Appeal (Civil) (Amendment No 5) Rules 2019

        (R&O.69/2019—in force 23.7.2019)

These Rules amend Rules 10A and 18 of the Court of Appeal (Civil) Rules 1964, and insert a new Rule 18B.

 

 



BAILIWICK OF GUERNSEY

1 May–31 August 2019

A. GUERNSEY

1. LAWS APPROVED BY THE STATES OF DELIBERATION

(a)    Severe Disability and Carer’s Allowance (Guernsey) (Amendment) Law 2019

        (Billet d’État No VIII of 2019. Approved 22.05.19)

This Law amends the Severe Disability Benefit and Carer’s Allowance (Guernsey) Law 1984 to allow carer’s allowance to be received under that Law at the same time as any benefit under the Social Insurance (Guernsey) Law 1978.

(b)   Reform (Guernsey) (Amendment) Law 2019

        (Billet d’État No X of 2019. Approved 12.06.19)

The Law inserts a new article into the Reform (Guernsey) Law 1948 to make equivalent provision to art 31 of the States of Jersey Law 2005. The new art 72A requires the Policy & Resources Committee to refer to the States of Deliberation, for the States to signify their views upon it, any proposal for—

        (a)    a provision of a draft Act of Parliament to apply directly to Guernsey, or

        (b)   making of an Order in Council extending to Guernsey a provision of an Act of Parliament, or a Church of England measure, or that is otherwise expressed to be binding upon Guernsey,

        unless that Committee considers that to do so is unnecessary.

     Where such a provision or Order in Council has already been made, and is transmitted to the Royal Court for registration, the Royal Court is required to refer it to the Policy & Resources Committee, but only if it appears to the Court that the States of Deliberation have not signified their agreement to the substance of the provision or Order in Council. That Committee must then refer it to the States, unless it considers that to do so is unnecessary.

     The new art 72A is in equivalent terms to the Jersey provision (with necessary modifications) apart from in these respects—

        (a)    as set out, the requirement in art 72A applies in respect of all Orders in Council expressed to have effect in, or be applicable to, or otherwise be binding upon Guernsey (not just Orders in Council extending to Guernsey a provision of an Act of Parliament or a Church of England measure) to ensure that all relevant Orders in Council fall within the requirement; 

        (b)   as a consequence of the extra requirement described above, uncontentious and non-legislative types of Orders in Council would have to be placed before the States of Deliberation for their views to be signified when no purpose would be served thereby. Hence, while the default position is that all such provisions and Orders in Council will be submitted to the States by the Policy & Resources Committee, the inserted article gives the Policy & Resources Committee the power to exclude provisions and Orders in Council from this procedure when it considers that their submission to the States would be unnecessary.

2. ORDINANCES APPROVED BY THE STATES OF DELIBERATION

        Transfer of States Undertakings (Protection of Employment) (Information Systems and Services) Ordinance 2019

(Billet d’État No XIII of 2019. Approved 17.07.19—in force 22.07.19)

This Ordinance is made under section 10 of the Transfer of States Undertakings (Protection of Employment) (Guernsey) Law 2001 (“the 2001 Law”). Its purpose is to provide a simple mechanism to give appropriate “TUPE” protections to States IT employees being transferred to a separate corporate entity, as part of the Future Digital Services (“FDS”) project. The main effect of the Ordinance is to enable such employees to be transferred without their contracts of employment being terminated; to provide that the dismissal of such an employee for a reason associated with the transfer shall be regarded as unfair for the purposes of the Employment Protection (Guernsey) Law 1998; and to provide that after the transfer, the employees should continue to enjoy pension arrangements broadly comparable to those provided to them under the public servants’ pension scheme immediately before the transfer.  

     The 2001 Law provided for a TUPE transfer of the undertaking of the States Telecommunications Board. Section 10 of the 2001 Law provides that the States may by Ordinance provide that the Law’s provisions shall apply to the transfer of the undertakings (or parts of undertakings) of other States Committees, “subject to such exceptions, adaptations and modifications as may be prescribed”. Two Ordinances have previously been made under section 10, dealing with the former States Electricity Board (the Transfer of States Undertakings (Protection of Employment) (Electricity Board) Ordinance 2001) and Post Office Board (the Transfer of States Undertakings (Protection of Employment) (Post Office Board) Ordinance 2001).

3. ORDINANCES, SUBORDINATE LEGISLATION ETC LAID BEFORE THE STATES OF DELIBERATION

(a)    International Trade Agreements (Implementation) (Bailiwick of Guernsey) Law 2018 (Commencement) Ordinance 2019

(Billet d’État No VIII of 2019. Made by the Policy & Resources Committee—in force 22.05.19 and laid on 22.05.19)

(b)   European Union (Amendment of Legislation) (Bailiwick of Guernsey) Law 2018 (Commencement) Ordinance 2019

(Billet d’État No VIII of 2019. Made by the Policy & Resources Committee—in force 22.05.19 and laid on 22.05.19)

(c)   Import Duties (Tariff and Related Provisions) (Bailiwick of Guernsey) Ordinance 2019

(Billet d’État No VIII of 2019. Made by the Policy & Resources Committee—in force on “exit day” within the meaning of the European Union (Brexit) (Bailiwick of Guernsey) Law 2018 and laid on 22.05.19)

(d)   Companies (Panel on Takeovers and Mergers) (Brexit) (Guernsey) Regulations 2019

(Billet d’État No VIII of 2019. Made by the Policy & Resources Committee—in force on “exit day” within the meaning of the European Union (Brexit) (Bailiwick of Guernsey) Law 2018 and laid on 22.05.19)

(e)    Companies (Regulation of Auditors) (Brexit) (Guernsey) Regulations 2019

(Billet d’État No VIII of 2019. Made by the Policy & Resources Committee—in force on “exit day” within the meaning of the European Union (Brexit) (Bailiwick of Guernsey) Law 2018 and laid on 22.05.19)

(f)        Lighting of Vehicles and Skips (Exemptions) Order 2019

(Billet d’État No VIII of 2019. Made by the Committee for the Environment & Infrastructure—in force 29.03.19 and laid on 22.05.19)

(g)   Road Traffic (Trailer Registration) Regulations 2019

(Billet d’État No VIII of 2019. Made by the Committee for the Environment & Infrastructure—in force 29.03.19 and laid on 22.05.19)

(h)   Customs and Excise (Safety and Security) (Export) (Bailiwick of Guernsey) Regulations 2019

(Billet d’État No VIII of 2019. Made by the Committee for Home Affairs—in force on “exit day” within the meaning of the European Union (Brexit) (Bailiwick of Guernsey) Law 2018 and laid on 22.05.19)

(i)    Liquor Licensing (Fees) (Amendment) Regulations 2019

(Billet d’État No VIII of 2019. Made by the Committee for Home Affairs—in force 01.06.19 and laid on 22.05.19)

(j)    Companies (Recognised Stock Exchanges) Regulations 2019

(Billet d’État No VIII of 2019. Made by the Registrar of Companies—in force 29.03.19 and laid on 22.05.19)

(k)   European Union (Modification and General Provisions) (Brexit) (Bailiwick of Guernsey) Regulations 2019

(Billet d’État No VIII of 2019. Made by the Policy & Resources Committee—in force on “exit day” within the meaning of the European Union (Brexit) (Bailiwick of Guernsey) Law 2018 and laid on 22.05.19)

(l)    Communications, Broadcasting and Wireless Telegraphy (Brexit) (Bailiwick of Guernsey) Regulations 2019

(Billet d’État No VIII of 2019. Made by the Policy & Resources Committee—in force on “exit day” within the meaning of the European Union (Brexit) (Bailiwick of Guernsey) Law 2018 and laid on 22.05.19)

(m)  Bees (Importation and Prevention of Disease) (Brexit) (Guernsey) Regulations 2019

(Billet d’État No VIII of 2019. Made by the Policy & Resources Committee—in force 29.03.19 and laid on 22.05.19)

(n)   Animal Health (Brexit) (Amendment) (Guernsey) Regulations 2019

(Billet d’État No VIII of 2019. Made by the Policy & Resources Committee—in force 29.03.19 and laid on 22.05.19)

(o)   European Communities (Food and Feed Controls) (Brexit) (Guernsey) Regulations 2019

(Billet d’État No VIII of 2019. Made by the Policy & Resources Committee—in force 29.03.19 and laid on 22.05.19)

(p)   Cash Controls (Specified Amount) (Brexit) (Bailiwick of Guernsey) Regulations 2019

(Billet d’État No VIII of 2019. Made by the Policy & Resources Committee—in force on “exit day” within the meaning of the European Union (Brexit) (Bailiwick of Guernsey) Law 2018 and laid on 22.05.19)

(q)   Export Control (Brexit) (Bailiwick of Guernsey) Regulations 2019

(Billet d’État No VIII of 2019. Made by the Policy & Resources Committee—in force on “exit day” within the meaning of the European Union (Brexit) (Bailiwick of Guernsey) Law 2018 and laid on 22.05.19)

(r)        Medicines (Human and Veterinary) (Brexit) (Bailiwick of Guernsey) Regulations 2019

(Billet d’État No VIII of 2019. Made by the Policy & Resources Committee—in force on “exit day” within the meaning of the European Union (Brexit) (Bailiwick of Guernsey) Law 2018 and laid on 22.05.19)

(s)         Customs and Excise (Approved Ports and Customs Declarations) (Bailiwick of Guernsey) Regulations 2019

(Billet d’État No VIII of 2019. Made by the Committee for Home Affairs—in force on “exit day” within the meaning of the European Union (Brexit) (Bailiwick of Guernsey) Law 2018 and laid on 22.05.19)

(t)    Customs and Cross-Border Trade (General and Enabling Provisions) (Bailiwick of Guernsey) Law 2018 (Commencement) Regulations 2019

(Billet d’État No VIII of 2019. Made by the Committee for Home Affairs—in force 26.03.19 and laid on 22.05.19)

(u)   Customs Transit Procedures (Bailiwick of Guernsey) Regulations 2019

(Billet d’État No VIII of 2019. Made by the Committee for Home Affairs—in force on “exit day” within the meaning of the European Union (Brexit) (Bailiwick of Guernsey) Law 2018 and laid on 22.05.19)

(v)   Seat Belts (Exemptions) Order 2019

(Billet d’État No VIII of 2019. Made by the Committee for Home Affairs—in force 29.03.19 and laid on 22.05.19)

(w)  Merchant Shipping (Commercial Vessels) (Safety and Crewing) (Guernsey and Sark) Regulations 2019

(Billet d’État No VIII of 2019. Made by the States’ Trading Supervisory Board and the Harbours & Shipping Committee of the Chief Pleas of Sark—in force 01.05.19 and laid on 22.05.19)

(x)   Plant Health (Enabling Provisions) (Guernsey) Law 2014 (Commencement) Ordinance 2019

(Billet d’État No X of 2019. Made by the Policy & Resources Committee—in force 23.04.19 and laid on 12.06.19)

(y)   Plant Health (Guernsey) Ordinance 2019

(Billet d’État No X of 2019. Made by the Policy & Resources Committee—in force on “exit day” within the meaning of the European Union (Brexit) (Bailiwick of Guernsey) Law 2018 and laid on 12.06.19)

(z)    Notifiable Animal Diseases Order 2019

(Billet d’État No X of 2019. Made by the Committee for the Environment & Infrastructure—in force 18.03.19 and laid on 12.06.19)

(aa)  Methods of Valuations (Import Duty) Regulations 2019

(Billet d’État No X of 2019. Made by the Committee for Home Affairs– in force on “exit day” within the meaning of the European Union (Brexit) (Bailiwick of Guernsey) Law 2018 and laid on 12.06.19)

(bb)  Customs and Excise (Approved Ports and Customs Declarations) (Bailiwick of Guernsey) (Amendment) Regulations 2019

(Billet d’État No X of 2019. Made by the Committee for Home Affairs– in force on “exit day” within the meaning of the European Union (Brexit) (Bailiwick of Guernsey) Law 2018 and laid on 12.06.19)

(cc)  Sanctions (Bailiwick of Guernsey) Law 2018 (Commencement) Regulations 2019

(Billet d’État No X of 2019. Made by the Policy & Resources Committee– in force 09.04.19 and laid on 12.06.19)

(dd)  Terrorist Asset Freezing (Designations) (Brexit) (Bailiwick of Guernsey) Regulations 2019

(Billet d’État No X of 2019. Made by the Policy & Resources Committee– in force 12.04.19 and laid on 12.06.19)

(ee)  Highway Code for Guernsey 2019

(Billet d’État No XIII of 2019. Made by the Committee for the Environment & Infrastructure—in force 29.03.19 and laid on 17.07.19)

(ff)   Traffic Signs and Traffic Light Signals (Amendment) Order 2019

(Billet d’État No XIII of 2019. Made by the Committee for the Environment & Infrastructure—in force 29.03.19 and laid on 17.07.19)

(gg)  Control of Trade in Endangered Species etc. (Bailiwick of Guernsey) Ordinance 2016 (Commencement) Order 2019

(Billet d’État No XIII of 2019. Made by the Committee for the Environment & Infrastructure—in force 04.04.19 and laid on 17.07.19)

(hh)  Misuse of Drugs (Modification) Order 2019

(Billet d’État No XIII of 2019. Made by the Committee for Health & Social Care—in force 01.06.19 and laid on 17.07.19)

(ii)    Data Protection (General Provisions) (Bailiwick of Guernsey) (Amendment) Regulations 2019

(Billet d’État No XIII of 2019. Made by the Committee for Home Affairs—in force 25.05.19 and laid on 17.07.19)

(jj)    Mental Health (Treatment and Forms) Regulations 2013

(Billet d’État No XIII of 2019. Made by the Health and Social Services Department—in force in Guernsey and Alderney on 08.04.13 and in Sark, with the exception of regulations 3, 14 and 15, on 10.04.13 and laid on 17.07.19)

 

4. LAWS, ORDERS IN COUNCIL, ETC REGISTERED IN THE ROYAL COURT OF GUERNSEY

(a)    Armed Forces (Offences and Jurisdiction) (Bailiwick of Guernsey) Law 2018

(Billet d’État No VIII of 2018—registered 03.06.19. In force on a date to be appointed by Ordinance)

(b)   Probation (Bailiwick of Guernsey) Law 2018

(Billet d’État No XXV of 2018—registered 03.06.19. In force on a date to be appointed by Ordinance)

(c)   Administrative Decisions (Review) (Guernsey) (Amendment) Law 2018

(Billet d’État No VIII of 2018—registered 03.06.19. In force 03.06.19)

5. SARK ORDINANCES CONSIDERED BY THE ROYAL COURT UNDER S 39(1) OF THE REFORM (SARK) LAW 2008

None.

6. RULES OF COURT

None.


B. ALDERNEY

1. LAWS APPROVED BY THE STATES OF ALDERNEY

None.

2. ORDINANCES APPROVED BY THE STATES OF ALDERNEY

None.

 


C. SARK

1. LAWS APPROVED BY THE CHIEF PLEAS OF SARK

(a)    Land Reform (Sark) Law 2019

        (Billet d’État 01.05.19. Approved 01.05.19)

This Law provides that, notwithstanding the Letters Patent of 1611, tenements and freeholds in Sark may be divided, and may be charged by way of obligation registered at the Greffe, and empowers the Chief Pleas by Ordinance to make such further provision as they think fit to give effect to those provisions. It also empowers the Chief Pleas by Ordinance to establish a scheme of saisie in order to facilitate enforcement of judgments against Sark real property, and provides that such an Ordinance may revoke and re-enact, with such modifications as they think fit, the Saisie Procedure (Simplification) (Bailiwick) Order 1952 in its application to Sark.

(b)   Real Property (Transfer Tax, Charging and Related Provisions) (Sark) (Amendment) Law 2019

        (Billet d’État 01.05.19. Approved 01.05.19)

This Law amends the Law of 2007 so as to extend the enabling powers to facilitate the charging of leasehold interests in Sark real property.

(c)   Leasehold Reform (Miscellaneous Provisions) (Sark) Law 2019

        (Billet d’État 03.07.19. Approved 03.07.19)

This Law makes provision for enhanced rights of leaseholders in Sark, including relief from forfeiture and the right to assign, sub-let etc with the consent of the landlord (such consent not to be unreasonably withheld or delayed).

(d)   Evictions (Stay of Execution) (Sark) Law 2019

        (Billet d’État 03.07.19. Approved 03.07.19)

This Law clarifies the powers of the Court to suspend execution of eviction orders and lists examples of matters to be taken into consideration by the Court.

2. ORDINANCES APPROVED BY THE CHIEF PLEAS OF SARK

(a)    Reform (Election of Conseillers) (By-Election) (Sark) Ordinance 2019

        (Approved 01.05.19—in force 01.05.19)

(b)   Fishing (Sark) (Amendment) Ordinance 2019

        (Approved 01.05.19—in force 01.05.19)

(c)   Electric Bicycles (Sark) Ordinance 2019

        (Approved 03.07.19—in force 04.07.19)

3. ORDINANCES LAID BEFORE THE CHIEF PLEAS OF SARK

None.

 


Page Last Updated: 16 Jun 2021