SUMMARY OF LEGISLATION
BAILIWICK OF JERSEY
1 September–31 December 2019
1. LAWS ADOPTED BY
THE STATES
(a) Emergency Powers and Planning (Amendment No
3) (Jersey) Law 201-
(P.76/2019—adopted in
3rd reading, 10.9.2019)
This Law
amends the Emergency Powers and Planning (Jersey) Law 1990 (“principal
Law”) to provide for additional persons to be members of the Emergencies
Council established under the principal Law, amends the requirements in
relation to meetings of the Council and provides for a competent authority in
relation to medical supplies.
(b) Employment
(Amendment No 11) (Jersey) Law 201-
(P100/2019—adopted in
3rd reading, 24.10.2019)
This Law
amends the Employment (Jersey) Law 2003 and makes consequential amendments to
the Discrimination (Jersey) Law 2013 in order to create new rights for women
who are pregnant, breastfeeding mothers and updates and consolidates the rights
to leave for ante-natal and pre-adoption appointments and parental leave.
(c) Finance
(2020 Budget) (Jersey) Law 201-
(P.109/2019—adopted in
3rd reading, 2.12.2019)
This Law sets
the standard rate of income tax for 2020 and amends the Income Tax (Jersey) Law
1961, the Customs and Excise (Jersey) Law 1999, the Goods and Services Tax
(Jersey) Law 2007 and the Taxation (Land Transactions) (Jersey) Law 2009; to
make consequential amendments, and for connected purposes.
(d) Children
and Education (Amendment) (Jersey) Law 201-
(P.112/2019—adopted in
3rd reading, 10.12.2019)
This Law amend
the Children (Jersey) Law 2002 and Education (Jersey) Law 1999, so as to
give the effect of prohibiting the corporal punishment of children.
2. LAWS, ORDERS IN COUNCIL, ETC REGISTERED IN THE ROYAL COURT
(a) Access to Justice (Jersey) Law 2019
(L.11/2019—registered
18.10.2019. Not in force)
(b) Emergency Powers and Planning (Amendment No
3) Jersey) Law 2019
(L.12/2019—registered
18.10.2019. In force 19.10.2019)
(c) Revenue
Administration (Jersey) Law 2019
(L.13/2019—registered
18.10.2019. Not in force)
(d) Sanctions
and Asset-Freezing (Amendment) (Jersey) Law 2019
(L.14/2019—registered
18.10.2019. In force 19.10.2019)
(e) Taxation (Companies—Economic
Substance) (Amendment) (Jersey) Law 2019
(L.15/2019—registered
18.10.2019. In force 1.1.2019)
3. APPOINTED DAY ACTS
(a) Aquatic Resources (Jersey) Law 2014 (Appointed Day) Act 2019
(R&O.75/2019—in
force 10.9.2019)
Whole Law brought into force
on 17 September 2019.
(b) Criminal Procedure (Jersey) Law 2018
(Appointed Day) (No 2) Act 2019
(R&O.110/2019—in
force 23.10.2019)
All of Parts
2, 3 and 10, Part 4 except for some words in art 14, most of Part 9, and art
114, 116, 117 and 118 of the Criminal Procedure (Jersey) Law 2018, brought into
force on 31 October 2019.
(c) Revenue Administration (Jersey) Law 2019
(Appointed Day) Act 2019
(R&O.136/2019—in
force 10.12.2019)
All articles,
except 17, 18 and 19, of the Revenue Administration (Jersey) Law 2019, brought
into force on 1 January 2020.
(d) Dormant Bank Accounts (Jersey) Law 2017
(Appointed Day) (No 2) Act 2019
(R&O.137/2019—in
force 10.12.2019)
All arts
10(1)(d), 20 and 30(3) of the Dormant Bank Accounts (Jersey) Law 2017, brought
into force on 16 December 2019.
4. REGULATIONS MADE BY THE STATES
(a) Aquatic Resources (Seaweed Licences) (Jersey) Regulations 2019
(R&O.76/2019—in
force 17.9.2019)
These
Regulations make provision under the Aquatic Resources (Jersey) Law 2014 to
restrict the circumstances in which certain species of seaweed may be
harvested.
(b) Air and Sea Ports (Incorporation)
(Miscellaneous) (Jersey) Regulations 2019
(R&O.78/2019—in
force 10.9.2019)
These
Regulations transfer specified employees to the States of Jersey to reverse, in
part, the transfer of staff to the Ports of Jersey Limited effected by the Air
and Sea Ports (Incorporation) (Transfer No 2) (Jersey) Regulations 2017.
(c) Sanctions and Asset-Freezing (Amendment of
Law—Reporting Obligations) (Jersey) Regulations 2019
(R&O.82/2019—in
force 24.9.2019)
These
Regulations amend the Sanctions and Asset-Freezing (Jersey) Law 2019 to require
the Jersey Financial Services Commission (“JFSC”) to provide
information to the Minister if that information came to JFSC in the course of
carrying out its functions and JFSC believes the information would facilitate
the Minister’s functions or the investigation (and prosecution) of
offences under the Law.
(d) EU Legislation (Aquatic Animal Health)
(Amendment) (Jersey) Regulations 2019
(R&O.88/2019—in
force 8.10.2019)
These
Regulations amend the EU Legislation (Aquatic Animal Health) (Jersey)
Regulations 2016 to add nine EU Regulations, which relate to food or feed, to
the list of relevant EU instruments, to the extent that they relate to an
aquaculture animal.
(e) EU Legislation (Wild Aquatic
Animals—Food and Feed) (Jersey) Regulations 2019
(R&O.89/2019—in
force 8.10.2019)
These
Regulations make provision in relation to the application of European Union
food and feed standards to fish, crustaceans and molluscs harvested or caught
(rather than farmed) in Jersey and the territorial sea around Jersey.
(f) Charities (Transitional Provisions) (Amendment) (Jersey) Regulations
2019
(R&O.101/2019—in
force 15.10.2019)
These
Regulations amend the Charities (Transitional Provisions) (Jersey) Regulations
2018. The amendment extends for another year (2020) the preserved tax
exemptions enjoyed in 2019 by any entity which applied for registration as a
charity before the end of 2018, if the entity had not had that application
finally determined before the end of 2019.
(g) Health
Care (Registration) (No 5) (Jersey) Regulations 2019
(R&O.102/2019—in
force 15.10.2019)
These
Regulations amend the Health Care (Registration) (Jersey) Law 1995 in order to
extend the definition of “registrable occupation”, with the effect
of applying the provisions of that Law to the following occupations—
(a) optometrist
independent prescriber;
(b) paramedic
independent prescriber;
(c) pharmacist
independent prescriber;
(d) physiotherapist
independent prescriber;
(e) podiatrist
independent prescriber; and
(f) therapeutic
radiographer independent prescriber.
(h) Electronic Communications (Amendment of Law)
(Jersey) Regulations 2019
(R&O.103/2019—in
force 9.10.2019)
These
Regulations amend the Electronic Communications (Jersey) Law 2000 to make
further provision for the giving of information, signatures and documents by
electronic means.
(i) EU
Legislation (Monitoring of Residues in Animals) (Jersey) Regulations 2019
(R&O.104/2019—in
force 22.10.2019)
These
Regulations make provision in relation to the application to Jersey of European
Union requirements for monitoring residues of veterinary medicines and other
substances in farm animals and animal products.
(j) Shops
(Regulation of Opening) (Amendment) (Jersey) Regulations 2019
(R&O.109/2019—in
force 23.10.2019)
These
Regulations amend the Shops (Regulation of Opening) (Jersey) Regulations 2011
to introduce a new restricted-hours permit; this new permit allows any shop
(including a shop with a retail sales area of over 700 m2) to open
from 10 a.m. to 4 p.m. on Sundays and on certain holidays. The Regulations also
remove the power to grant blanket permits.
(k) Financial Services Ombudsman (Case-Fee, Levy
and Budget—Amendments No 2) (Jersey) Regulations 2019
(R&O.126/2019—in
force 19.11.2019)
These
Regulations make provision to allow the finances of the Financial Services
Ombudsman schemes in Jersey and Guernsey to be combined (as the boards and
staff already are).
(l) Social
Security (Amendment of Law No 11) (Jersey) Regulations 2019
(R&O.129/2019—in
force 1.1.2020)
These
Regulations amend the Social Security (Jersey) Law 1974 so as to increase the
upper income and upper earnings limit for the purposes of social security and
long-term care contributions respectively, and also increase those
contributions.
(m) Data Protection (Registration and Charges) (Amendment) (Jersey)
Regulations 2019
(R&O.135/2019—in
force 10.12.2019)
These
Regulations will amend the Data Protection (Registration and Charges) (Jersey)
Regulations 2018 to vary the charging provisions.
(n) EU Legislation (Official Controls and
Agricultural Products) (Jersey) Regulations 2019
(R&O.138/2019—in
force 10.12.2019)
These
Regulations give the Minister for the Environment a temporary power to make
Orders to implement an EU provision relating to agriculture and in particular
Regulation (EU) 2017/625 of the European Parliament and of the Council of 15
March 2017 on official controls and other official activities performed to
ensure the application of food and feed law, rules on animal health and
welfare, plant health and plant protection products.
5. OTHER SUBORDINATE
LEGISLATION OF NOTE
(a) Emergency Powers and Planning (Competent
Authority) (Medical Supplies) (Jersey) Act 2019
(R&O.124/2019—in
force 25.10.2019)
The Emergency
Powers and Planning (Competent Authority) (Medical Supplies) (Jersey) Act 2019
designates the Minister for Health and Social Services as the competent
authority in relation to medical supplies. The designation is made by the
Emergencies Council under art 4 of the Emergency Powers and Planning (Jersey)
Law 1990.
(b) Act declaring that the Finance (2020 Budget)
(Jersey) Law 201- shall have immediate effect
(R&O.130/2019—in
force 2.12.2019)
This Act gives
effect to the Finance (2020 Budget) (Jersey) Law 201- as if that Law had been
registered in the Royal Court.
6. RULES OF COURT
(a) Service of Process Rules 2019
(R&O.90/2019—in
force 28.10.2019)
These Rules
enable Rules of Court to be made regarding service outside Jersey of civil
process of a Jersey court and service in Jersey of civil process of a court or
tribunal of a foreign country.
(b) Taking
of Evidence Rules 2019
(R&O.91/2019—in
force 28.10.2019)
These Rules
sets out procedures regarding applications to the Royal Court for the purposes
of taking evidence, in Jersey, in civil matters that are before courts or
tribunals outside Jersey.
(c) Royal
Court (Amendment No 24) Rules 2019
(R&O.93/2019—in
force 28.10.2019)
These Rules
amend the Royal Court Rules 2004 to enable an application to the Royal Court
for an order for evidence to be obtained in Jersey, in relation to overseas
civil proceedings, to be heard by the Judicial Greffier in chambers.
(d) Royal Court (Amendment No 25) Rules 2019
(R&O.94/2019—in
force 9.10.2019)
These Rules
substitute references to the “Minister for Health and Social
Services” to “Minister for Children and Housing” found in the
Adoption Rules 1962, Children (Prescribed Classes of Applicant to vary
Directions) Rules 2005, Civil Partners Causes Rules 2012 and Matrimonial Causes
Rules 2005.
(e) Criminal Procedure (Statements and Evidence)
(Jersey) Rules 2019
(R&O.125/2019—in
force 31.10.2019)
These Rules
supplement the provisions of the Criminal Procedure (Jersey) Law 2018 and the
Police Procedures and Criminal Evidence (Jersey) Law 2003 by setting out rules
related to the giving of a defence case statement and witness notice by a
defendant in criminal proceedings, and the introduction of hearsay evidence and
evidence of bad character.
BAILIWICK OF GUERNSEY
1 September–31 December 2019
A. GUERNSEY
1. LAWS
APPROVED BY THE STATES OF DELIBERATION
(a) Economic Statistics (Guernsey and Alderney) Law 2019
(Billet
d’État No XVI of 2019. Approved 04.09.19)
This Law
provides for the appointment by the Policy & Resources Committee of a
statutory official—the economic statistics supervisor—with the
power to require businesses in Guernsey and Alderney to provide him or her with
certain information, for the purposes of collecting and publishing statistical
information on economic activity, including the taking of an annual census of
economic activity. It also makes provision in respect of the retention and
subsequent erasure of information so provided and provides protections,
including through the creation of criminal offences, in respect of the
confidentiality of such information.
(b) States’
Register of Contact Details (Guernsey and Alderney) Law 2019
(Billet d’État No XVI of
2019. Approved 04.09.19)
This Law provides for the establishment and maintenance of a register of
contact details (“the Register”) to assist selected committees and
entities of the States of Guernsey or States of Alderney and selected holders
of public office to carry out their functions efficiently. It provides
expressly that the Law is intended to put in place appropriate safeguards for
the information in the Register in a manner consistent with the Data Protection
(Bailiwick of Guernsey) Law 2017 (“the Data Protection Law”), and
appropriate protections are provided and criminal offences created.
The Law provides
for the appointment and responsibilities of a Registrar, who will be the
controller of personal data in the Register for the purposes of the Data
Protection Law, and requires designated States’ committees and
office-holders (“designated authorities”) to give the Registrar
designated information when required by the Registrar to do so. The Registrar
is empowered to share information in the Register with designated authorities.
The exception to this is the biological sex of an individual at birth, which
can only be shared with the Committee for Health and Social Care.
(c) Reform
(Guernsey) (Amendment) (No 2) Law 2019
(Billet
d’État No XVIII of 2019. Approved 26.09.19)
This Law primarily amends the Reform (Guernsey) Law, 1948 (“the
Reform Law”) to give effect to the recent Resolutions of the States in
respect of the introduction of Island-wide voting from the 2020 election. It
also gives effect to Resolutions in respect of the publication of
candidates’ criminal convictions, and powers of the Scrutiny Management
Committee.
The changes
made to the Reform Law include providing for a person to apply to the
Registrar-General to have his or her name and address omitted from the publicly
available Electoral Roll (art 34A, inserted by section 17); provision in
relation to the creation of a Supplementary Electoral Roll, to enable people to
vote who apply for inscription on the Electoral Roll after its closure (art
34B, inserted by section 17); provision requiring political parties to be
registered at the Greffe (the Fourth Schedule, inserted by s 43);
provisions governing donations and loans to candidates and political parties (art
44A and the Third Schedule, inserted by ss 29 and 42); and provision in respect
of the appointment of General Election observers (art 72B, inserted by s 37).
The full
implementation of Island-wide voting will also require the making of several
pieces of secondary legislation. Relevant to this is the widening, at s 44
of the Law, of the Ordinance-making power at s 15A of the Reform (Amendment)
(Guernsey) Law, 1972 in relation to providing for advance voting (i.e. voting at a polling station before
the date of the election), and voting outside one’s Parish.
(d) Extradition
(Bailiwick of Guernsey) Law 2019
(Billet
d’État No XVIII of 2019. Approved 26.09.19)
The Law makes appropriate domestic provision equivalent to the Category 2
procedures in the Extradition Act 2003 (“the 2003 Act”), as set out
below.
Extradition
from the Bailiwick is currently governed by Parts I to V of the Extradition Act
1989 (“the 1989 Act”), which is expressed as having direct effect
within the Crown Dependencies as if they were part of the United Kingdom. The
1989 Act in its application to the UK was repealed and replaced by the 2003
Act, which did not apply to the Crown Dependencies. At the same time the 1989
Act was preserved in its application to the Crown Dependencies until its
replacement either by domestic extradition legislation or by the extension of
the 2003 Act.
Under the
2003 Act, there are three extradition regimes, as follows:
1. extradition
under the European Arrest Warrant (Category 1);
2. extradition
to countries based on information only (Category 2— specially designated
countries)—this is where a hearing on the merits is required but the bar is
low as only information, not evidence, is required in support of the
extradition request. This applies either because it is required under the terms
of an extradition treaty with the country in question (e.g. the USA) or because
the country is a signatory to the Council of Europe convention on extradition
(as that convention requires signatories to take this approach to one another);
and
3. extradition
to countries based on evidence (Category 2— other designated
countries)—this is where a hearing on the merits is required and must be
supported by evidence.
The Law
effectively implements the two types of Category 2 regime set out in 2 and 3
above. It replicates (at Schedule 1, which is amendable by Ordinance under
section 5) the United Kingdom listings for the two types of Category 2 regime,
and treats all EU member states as information–only countries (other than
the United Kingdom itself, which is already covered by existing separate and
long-standing legislation).
Under the
Law, jurisdiction is vested in the Magistrate’s Court at first instance,
which is consistent with the approach in the Jersey and United Kingdom, and
H.M. Procureur has the functions assigned to a prosecutor in the 2003 Act.
Part I of
the Law is concerned with introductory provisions, including in relation to
conduct that constitutes an extradition offence, and the designated
territories. Parts II and III deal with extradition and re-extradition from the
Bailiwick, including appeals, and Part IV with extradition to the Bailiwick. Part
V is concerned with relevant police powers, including powers of search and
seizure, and Part VI makes miscellaneous and final provision, including in
respect of transferring persons from Alderney or Sark to Guernsey.
(e) International Criminal Court (Bailiwick of Guernsey) Law 2019
(Billet
d’État No XVIII of 2019. Approved 26.09.19)
The International Criminal Court (“ICC”) is a supranational
court based in the Hague which tries individuals for genocide, crimes against
humanity and war crimes. It was established by the United Nations by the Rome
Statute. While Guernsey has procedures in place to collect evidence and freeze
assets for the assistance of foreign jurisdictions, these do not apply to
supranational bodies and so could not be relied upon to provide assistance in
the event of a request from the ICC. Accordingly this Law makes appropriate
domestic provision equivalent to the International Criminal Court Act 2001
(“the 2001 Act”) which implemented the provisions of the Rome
Statute into the domestic law of the United Kingdom.
Requests
from the ICC, whether for arrest of a suspect or convict, or for assistance in
the taking or production of evidence, or for other related matters, will be
made via H.M. Procureur. The Magistrate’s Court will have primary
jurisdiction for all matters under the Law in the Bailiwick but the Court of
Alderney and the Court of the Seneschal will have some duties and obligations
in relation to the arrest of persons or taking of evidence in those islands.
Part I of
the Law defines the ICC and establishes its status for the purpose of the Law.
Part II makes provision for the arrest and delivery of suspects or convicted
persons and for their discharge where appropriate. Part III makes provision for
other forms of assistance, such as taking and production of evidence, powers of
entry, search and seizure and freezing orders. Part IV deals with enforcement
including detention of prisoners in the Bailiwick and transfer to other states.
Part V incorporates the ICC offences into Bailiwick domestic law and provides
definitions and other ancillary provisions. Part VI deals with general
provisions including interpretation.
(f) Matrimonial
Causes (Guernsey) (Amendment) Law 2019
(Billet
d’État No XVIII of 2019. Approved 26.09.19)
The Law amends the Matrimonial Causes Law (Guernsey) 1939 to extend
powers of the Matrimonial Causes Division of the Royal Court to make orders
relating to the division of assets between spouses on divorce, judicial
separation or nullity. The amended provisions will increase the flexibility of
the Court’s powers, (inter alia) enabling the court to order the transfer
of property to children of the marriage, or to other persons for the benefit of
such children; to direct that property be held on trust for sale; to require
the parties to remain in joint ownership until a future time or event; to grant
either of the parties rights of occupation in the matrimonial property; and to
secure any such obligation by charge over any real property owned by the
parties.
(g) Population
Management (Guernsey) (Amendment) Law 2019
(Billet
d’État No XX of 2019. Approved 16.10.19)
The Law comprises a number of technical amendments to the Population
Management (Guernsey) Law 2016 dealing with several matters, including: a power
to grant a Short Term Employment Permit (STEP) on a “9 months on, 3
months off” basis, the removal of the requirement that an Open Market
Employment Permit (Part B) and Open Market Employment Permit (Part C) specify
the particular property in which the holder is accommodated, the removal of the
concept of an Established Resident Permit, and provision that holders of STEPs
and Open Market HMO Resident Permits (Part D) can occupy as a tenant a property
inscribed in Part D without being accommodated by a householder.
2.
ORDINANCES APPROVED BY THE STATES OF DELIBERATION
(a) Income Tax (Guernsey) (Amendment) Ordinance 2019
(Billet
d’État No XVIII of 2019. Approved 26.09.19—in force
01.10.19)
This Ordinance
puts beyond doubt that amendments to Guernsey’s double taxation
agreements which may be considered as relating to, or which could be considered
as consequential or supplementary to, non-double taxation issues, may be
declared by resolution of the States as having effect in relation to income
tax; and that the Director’s powers to require the provision of documents
and information should be correspondingly extended.
(b) Financial Services Ombudsman (Bailiwick of
Guernsey) (Amendment) Ordinance 2019
(Billet
d’État No XVIII of 2019. Approved 26.09.19—in force 01.10.19)
This Ordinance
inserts an exemption into the Financial Services Ombudsman (Bailiwick of
Guernsey) Law 2014 which permits the Office of the Financial Services
Ombudsman, for the purpose of explaining the incidence of or descriptions of
complaints, to provide statistical summaries of information about complaints.
Although the summaries could include the name of the person against whom a
complaint is made, they could not describe the substance of the complaint or
provide information which would allow the identification of any other
person.
(c) Open Market Housing Register (Deletion of
Inscriptions) Ordinance 2019
(Billet
d’État No XVIII of 2019. Approved 26.09.19—in force
26.09.19)
The Ordinance
makes provision in relation to the procedure for applying to the Committee for
the Environment & Infrastructure to have a dwelling deleted from the Open
Market Housing Register. It provides that when that Committee is satisfied that
the applicant is the owner of the dwelling in question, and that the dwelling
is inscribed in the Register, it shall delete the inscription, and prescribes
the form that needs to be completed.
(d) Customs and Excise (Discretionary Financial
Penalties) (Bailiwick of Guernsey) Ordinance 2019
(Billet
d’État No XX of 2019. Approved 16.10.19—in force
16.10.19)
The Ordinance
is made under section 62A of the Customs and Excise (General Provisions)
(Bailiwick of Guernsey Law, 1972, which was inserted by the Customs and
Cross-Border Trade (General and Enabling Provisions) (Bailiwick of Guernsey)
Law 2018 and which empowers the States by Ordinance to provide for the
imposition of civil penalties by the Committee for Home Affairs where persons
have engaged in dishonest conduct for the purpose of evading paying a duty of
customs or excise duty, or where their conduct has led to a contravention of a
duty or obligation under the customs and excise Laws. It provides for written
representations to be made the Committee in respect of a notice of intent to
impose a penalty, for appeals to be made to the Magistrate’s Court, and
for the Committee to determine and publish default penalties (or ranges of
penalty) that will normally be imposed for specific categories of conduct,
while making clear that the Committee is not bound to follow such determinations.
(e) Public Holidays Ordinance 2019
(Billet
d’État No XX of 2019. Approved 16.10.19—in force
16.10.19)
This Ordinance
provides for Monday 4 May not to be a public holiday, and for Friday 8 May to
be a public holiday.
(f) Probation (Bailiwick of Guernsey) Law 2018
(Commencement) Ordinance 2019
(Billet
d’État No XX of 2019. Approved 16.10.19—in force
16.10.19)
This Ordinance
provides for the Probation (Bailiwick of Guernsey) Law 2018 to come into force
on 17 October 2019.
(g) Excise
Duties (Budget) Ordinance 2019
(Billet
d’État No XXI of 2019. Approved 08.11.19—in force
05.11.19)
This Ordinance
amends the Fourth Schedule to the Customs and Excise (General Provisions)
(Bailiwick of Guernsey) Law 1972 by amending the rates of excise duty.
(h) Taxation of Real Property (Guernsey and
Alderney) (Amendment) Ordinance 2019
(Billet
d’État No XXI of 2019. Approved 08.11.19—in force
01.01.20)
This Ordinance amends Part I of Schedule 1 to the Taxation of Real Property (Guernsey and Alderney)
Ordinance 2007 by amending rates of property tax. It also permits any attached
domestic greenhouse, where it is not used for business or trade purposes and it
is so approved by the Policy & Resources Committee, to fall within the TRP
property reference of domestic glasshouse.
(i) Reform (Guernsey) Law 1948 (Amendment)
Ordinance 2019
(Billet
d’État No XXII of 2019. Approved 27.11.19—in force
27.11.19)
This Ordinance
amends art 20A of the Reform (Guernsey) Law, 1948. It prevents the institution
of civil or criminal proceedings against any Dean of the Douzaine or
independent Member for any words spoken or written when sitting on a Review
Board to hear an application under the Administrative Decisions (Review)
(Guernsey) Law 1986.
(j) Income Tax
(Guernsey) (Approval of Agreement with Bermuda) Ordinance 2019
(Billet
d’État No XXII of 2019. Approved 27.11.19—in force
02.12.19)
This Ordinance
specifies, as an approved international agreement, an agreement providing for
the obtaining, delivery, making available, furnishing and/or exchanging of
documents and information in relation to tax, made for the purposes of the
Income Tax (Guernsey) Law, 1975.
The agreement
specified was made between the States of Guernsey and the Government of Bermuda
for the Automatic Exchange of Information relating to Tax Matters given effect
by an exchange of letters signed on the 4 February 2019 and the 5 March 2019,
on behalf of the States of Guernsey and the Government of Bermuda respectively.
(j) Organisation
of States’ Affairs (Transfer of Functions and Consequential Matters)
Ordinance 2019
(Billet
d’État No XXII of 2019. Approved 27.11.19—in force
27.11.19)
The
Organisation of States Affairs (Transfer of Functions) Ordinance 2016
(“the 2016 Ordinance”) was enacted to give effect to the
Resolutions of 2015 and 2016 relating to machinery of government changes
proposed by the States Review Committee. This Ordinance deals with several
minor matters which were overlooked when the 2016 Ordinance was prepared; with
consequential amendments to legislation considered necessary to ensure that the
2015 and 2016 Resolutions are given full effect; and with decisions to transfer
operational functions taken after the preparation of the 2016 Ordinance.
(k) Social Insurance (Rates of Contributions and
Benefits, etc.) Ordinance 2019
(Billet
d’État No XXIII of 2019. Approved 27.11.19—in force
01.01.20 and 06.01.20)
This Ordinance
sets the percentage rates of Class 1 to 3 social insurance contributions which
are unchanged for 2020. It sets the upper and lower income limits, amounts of
contributions and the Class 3 income allowance; it also increases the amounts
of the contributory social insurance benefits set out in the First Schedule.
All rates and benefits are increased by 2.4%. The Ordinance prescribes the
percentages for the Guernsey Health Service Fund Allocation and the Long-term
Care Insurance Fund Allocation which are unchanged from those set for 2019. The
provisions set rates and benefits etc. for 2020, under the Social Insurance
(Guernsey) Law, 1978. The Ordinance comes into force on 1st January, 2020
except for section 7 in relation to social insurance benefits which comes into
force on 6 January, 2020.
(l) Health Service (Benefit) (Amendment)
Ordinance 2019
(Billet
d’État No XXIII of 2019. Approved 27.11.19—in force
01.01.20)
This Ordinance
amends prescription charges under the Health Service (Benefit) (Guernsey) Law,
1990 with effect from 1 January, 2020. As from that date charges will be
£4.10.
(m) Long-term
Care Insurance (Guernsey) (Rates) Ordinance 2019
(Billet
d’État No XXIII of 2019. Approved 27.11.19—in force
06.01.20)
This Ordinance
amends rates of long-term care benefit and the weekly payment which a claimant
must make, towards the cost of the claimant’s care, under the Long-term
Care Insurance (Guernsey) Law, 2002, with effect from 6 January, 2020. The
benefits are increased by 1.9%.
(n) Severe
Disability and Carer’s Allowance Ordinance 2019
(Billet
d’État No XXIII of 2019. Approved 27.11.19—in force
06.01.20)
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.
(o) Income
Support (Implementation) (Amendment) Ordinance 2019
(Billet
d’État No XXIII of 2019. Approved 27.11.19—in force
10.01.20)
This Ordinance
amends the benefit limitation rates (in effect the maximum amount of benefit a
claimant can receive), the short term and long-term requirement rates on which
calculation of income support is based and the level of maximum rent allowances
added in calculating a claimant’s requirements under the Income Support
(Guernsey) Law 1971 (formerly known as the Supplementary Benefit (Guernsey)
Law, 1971) with effect from 10 January 2020. Rates are increased by 1.9%.
(p) Financial Services Ombudsman (Bailiwick of
Guernsey) (Amendment) (No 2) Ordinance 2019
(Billet
d’État No XXIII of 2019. Approved 27.11.19—in force
28.11.19)
This Ordinance
inserts an exemption into the Financial Services Ombudsman (Bailiwick of
Guernsey) Law 2014 which permits the Office of the Financial Services
Ombudsman, for the purpose of explaining the incidence of or descriptions of
complaints, to provide statistical summaries of information about complaints.
Although the summaries could include the name of the person against whom a
complaint is made, they could not describe the substance of the complaint or
provide information which would allow the identification of any other
person.
(q) Electoral
Roll Ordinance 2019
(Billet
d’État No XXIII of 2019. Approved 27.11.19—in force
29.11.19)
This Ordinance
closed the Electoral Roll at 11.59pm on Saturday 30 November 2019, and provides
for the distribution of application forms for inclusion on the (new) Roll on or
before Monday 2 December 2019.
(r) Environmental Pollution (Guernsey) Law, 2004 (Commencement) Ordinance
2019
(Billet d’État No XXIII of 2019. Approved
27.11.19—in force 27.11.19)
This Ordinance
commences Part VII (air pollution) of the Environmental Pollution (Guernsey)
Law, 2004 (2004 Law) under which most of the Air Pollution (Guernsey) Ordinance
2019 is made. Part VII is commenced with effect from 2 December 2019.
(s) Environmental
Pollution (Air Pollution) Ordinance 2019
(Billet
d’État No XXIII of 2019. Approved 27.11.19—in force
02.12.19)
This Ordinance
is made under the Environmental Pollution (Guernsey) Law 2004 (“the 2004
Law”).
Part I and Schedule 1
establish air quality standards. These comprise objectives for ambient air
quality (outdoor air), maximum limits for certain pollutants in ambient air and
target values for concentrations of certain pollutants in particulates (i.e. solid and liquid matter suspended
in the air including soot from diesel vehicles and smoke). The Director of
Environmental Health and Pollution Regulation (“the Director”) has
to take the quality standards into account when considering an application for
a licence under the 2004 Law and may attach conditions intended to ensure that
the maximum limits are met.
Part II prescribes the
carrying out of operations described in Schedule 2, which involve a risk of air
pollution, as requiring a licence under the 2004 Law.
Parts III and IV
provide for controls on emissions of dark smoke, installation of non-domestic
furnaces and boilers and emissions of grit and dust from the same which are
similar to those provided for under the Clean Air Act 1993 in the UK.
Part III, made under s 50
of the Law, sets out prohibitions in relation to emissions of dark smoke from
the chimneys of non-domestic buildings, other chimneys of fixed boilers or
industrial plant, the burning of commercial waste on land and from ships. There
is a power for the Director to provide for exemptions and a defence, based on
that in the Clean Air Act, for smoke emissions caused by initial start-up and
shut down of combustions processes.
Part IV, made under s 51
of the 2004 Law, controls the installation of furnaces or boilers in
non-domestic premises so that they must be installed to operate without
emitting smoke. Those installed in accordance with plans and specifications
approved by the Director are treated as meeting this requirement.
Part V prohibits the
use of heavy fuel oils and gas oils with a certain sulphur content subject to
certain disapplications including in relation to marine fuels used or intended
for use on board a ship. The purpose is to decrease the use of sulphur owing to
the known negative effects of sulphur on human health and the environment.
Part VI provides for a
prohibition on the burning of any waste on land in the open air other than dry
plant matter grown on that land, i.e.
controls on bonfires, with certain exemptions provided for.
Part VII provides the
Director with a wide power to issue notices requiring owners of non-domestic
premises, vessels, plant or machinery to provide information on air pollution
from emissions of pollutants from the same. The information notices do not
apply to owners of vehicles as the obligations in the Ordinance are directed at
owners of premises, vessels and plant and as certain controls on emissions from
motor vehicles are now included within Road Traffic legislation.
Under s 65 of the
2004 Law any breach of a prohibition under the Ordinance is an offence under
the Law. The general offence and defence provisions in sS 67 to 70 of the 2004
Law also apply.
(t) Environmental
Pollution (Enforcement and Appeals) Ordinance 2019
(Billet
d’État No XXIII of 2019. Approved 27.11.19—in force
02.12.19)
Certain
provisions relating to enforcement and appeals under the Environmental
Pollution (Guernsey) Law, 2004 (“the 2004 Law”) are currently set
out in the Environmental Pollution (Waste Control and Disposal) Ordinance 2010
(“2010 Ordinance”). As the title and other content of the 2010
Ordinance relate to waste, these provisions have been included in this
Ordinance which repeals and re-enacts the current provisions and adds further
compliance notice powers in relation to provisions of the Air Pollution Ordinance.
Minor adjustments have been made to the original wording to modernise it.
(u) Income
Tax (Guernsey) (Amendment) (No 2) Ordinance 2019
(Billet
d’État No XXIV of 2019. Approved 11.12.19—in force
01.01.20 with the exception of section 2 which shall be deemed to have come
into force on the 01.01.19)
Section 2 of
this Ordinance amends para (b) of s 5C of the Income Tax (Guernsey) Law
1975 with effect from 1 January 2019 to clarify that, when a person elects to
pay the standard charge, his or her liability to pay tax on his non-Guernsey
income in that year of charge is satisfied by the payment of the standard
charge. This change to the existing text is purely for clarification and does
not change the legal position or the liability of the tax payer. Its purpose is
to ensure that a person who is resident only for income tax purposes can
continue to benefit from the double taxation provisions with the UK which came
into force in the UK in April 2019.
Sections 3, 4 and 5
amend the Sixth Schedule to the Income Tax (Guernsey) Law 1975, so as to
exclude from the tax cap: triviality payments paid from an approved pension
scheme, retirement annuity scheme and retirement annuity trust scheme which are
paid in full commutation of or in lieu of a pension where the fund value does
not exceed a specified sum; and lump sums paid out of such a scheme to the
extent that they are above the tax-free limit, in each case to the extent only
that the sums paid relate to Guernsey tax-relieved contributions. In such
cases, the effect of exclusion from the tax cap in Schedule 6 is that tax will
be paid on such amounts over and above the amount of the limit otherwise
specified as the tax cap.
(v) Income Tax (Zero 10) (Company Higher Rate)
(Amendment) (Guernsey) Ordinance 2019
(Billet d’État
No XXIV of 2019. Approved 11.12.19—in force 01.01.20)
This Ordinance
amends the Income Tax (Guernsey) Law 1975 (“the Law”) to provide
for the taxation of income from –
(a) the business of licensed
cultivation or licensed use of cannabis plants, and
(b) the business of licensed
production or licensed use of controlled drugs, where such production or use is
prescribed by regulations of the Policy & Resources Committee.
The Ordinance inserts
several definitions in s 209(1) of the Law. The “business of cultivation
of the cannabis plant” is defined by reference to cultivation of cannabis
plants under the authority of a licence issued by the Committee for Health
& Social Care under the Misuse of Drugs (Bailiwick of Guernsey) Ordinance,
1997. The “business of use of the cannabis plant” is defined by
reference to the use of those plants or parts of those plants for the
production of industrial hemp, supplements, cannabidiol, fibre, medicinal
products or any other products or any other processing, activity or other use,
where the production, processing, activity or other use is licensed under the
Misuse of Drugs (Bailiwick of Guernsey) Law, 1974 or the Misuse of Drugs
(Bailiwick of Guernsey) Ordinance, 1997.
The “prescribed
production of controlled drugs” is defined by reference to the production
of controlled drugs under a licence issued under the Misuse of Drugs (Bailiwick
of Guernsey) Ordinance, 1997, if prescribed by regulations of the Policy &
Resources Committee. The “prescribed use of controlled drugs” is
defined by reference to the use of those controlled drugs or parts of those
controlled drugs for any production, processing, activity or other use where
that production, processing, activity or other use is licensed under the Misuse
of Drugs (Bailiwick of Guernsey) Law, 1974 or the Misuse of Drugs (Bailiwick of
Guernsey) Ordinance, 1997 and prescribed by regulations of the Policy &
Resources Committee.
The Ordinance also
applies s 6(3A) of the Law (which brings a new accounting period for
companies into operation when their rate of tax is amended) to companies to
which the higher rate is applicable under the Ordinance.
(w) Income Tax (Zero 10) (Company Intermediate Rate) (Amendment) (Guernsey)
Ordinance 2019
(Billet
d’État No XXIV of 2019. Approved 11.12.19—in force
01.01.20)
This Ordinance
brings the provision of regulated investment management services to individual
clients (i.e. those services provided by the local private clients investment
management community) within the scope of the company intermediate income tax
rate (10%). However, the activities of managing open and closed ended
collective investment schemes are not within the scope of the Ordinance.
(x) Asian Infrastructure Investment Bank
(Privileges and Immunities) (Bailiwick of Guernsey) Ordinance 2019
(Billet
d’État No XXIV of 2019. Approved 11.12.19—in force on
the date that there comes into force the extension to the Bailiwick of the
United Kingdom’s ratification of the Articles of Agreement of the Bank)
This Ordinance
specifies the Asian Infrastructure Investment Bank as an international
organisation under section 1 of the Privileges and Immunities (Bailiwick of
Guernsey) Law, 2004. It also confers certain privileges and immunities to be
enjoyed by the Bank and its personnel under Bailiwick law by providing that
Chapter IX of the Articles of Agreement of the Bank shall have force of law in
the Bailiwick.
A formal request for
extension to the Bailiwick of the United Kingdom’s ratification of the
Articles of Agreement of the Bank has been submitted. This Ordinance will come
into force on the same date that that extension to the Bailiwick comes into
force.
(y) Criminal Justice (International
Co-operation) (Bailiwick of Guernsey) (Amendment) Ordinance 2019
(Billet
d’État No XXIV of 2019. Approved 11.12.19—in force
12.12.19)
This Ordinance
amends the Criminal Justice (International Co-operation) (Bailiwick of
Guernsey) Law, 2001 by enabling H.M. Procureur to delegate his or her powers
and functions under that Law to a Crown Advocate or other Advocate of the Royal
Court. This mirrors H.M. Procureur’s existing power of delegation under
the Forfeiture of Money, etc. in Civil Proceedings (Bailiwick of Guernsey) Law,
2007.
(z) Drug Trafficking (Bailiwick of Guernsey)
(Amendment) Ordinance 2019
(Billet
d’État No XXIV of 2019. Approved 11.12.19—in force
12.12.19)
This Ordinance
amends the Drug Trafficking (Bailiwick of Guernsey) Law 2000 by enabling H.M.
Procureur to delegate his or her powers and functions under that Law to a Crown
Advocate or other Advocate of the Royal Court. This mirrors H.M.
Procureur’s existing power of delegation under the Forfeiture of Money,
etc. in Civil Proceedings (Bailiwick of Guernsey) Law, 2007.
(aa) Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey)
(Amendment) Ordinance 2019
(Billet d’État No XXIV of 2019. Approved
11.12.19—in force 12.12.19)
This Ordinance
amends the Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law
1999 by enabling H.M. Procureur to delegate his or her functions under that Law
to a Crown Advocate or other Advocate of the Royal Court. This mirrors H.M.
Procureur’s existing power of delegation under the Forfeiture of Money,
etc. in Civil Proceedings (Bailiwick of Guernsey) Law 2007.
(bb) Disclosure
(Bailiwick of Guernsey) (Amendment) Ordinance 2019
(Billet d’État No XXIV of
2019. Approved 11.12.19—in force 12.12.19)
This Ordinance
amends the Disclosure (Bailiwick of Guernsey) Law 2007 in three ways. First, it
enables H.M. Procureur to delegate his or her powers and functions under that
Law to a Crown Advocate or other Advocate of the Royal Court. This mirrors H.M.
Procureur’s existing power of delegation under the Forfeiture of Money,
etc. in Civil Proceedings (Bailiwick of Guernsey) Law 2007. Second, it extends
existing prohibitions on tipping off to all requests for information made by
the Financial Intelligence Service at the Guernsey Border Agency. Third, it
permits the Director of the Revenue Service to disclose information to a police
officer (which includes a customs officer) for the purposes of civil forfeiture.
(cc) Terrorism and Crime (Bailiwick of Guernsey) (Amendment) Ordinance 2019
(Billet
d’État No XXIV of 2019. Approved 11.12.19—in force
12.12.19)
This Ordinance
amends the Terrorism and Crime (Bailiwick of Guernsey) Law, 2002 in two ways.
First, it enables H.M. Procureur to delegate his or her functions under that
Law to a Crown Advocate or other Advocate of the Royal Court. This mirrors H.M.
Procureur’s existing power of delegation under the Forfeiture of Money,
etc. in Civil Proceedings (Bailiwick of Guernsey) Law, 2007. Second, it extends
existing prohibitions on tipping off to all requests for information made by
the Financial Intelligence Service at the Guernsey Border Agency.
3.
ORDINANCES, SUBORDINATE LEGISLATION ETC
LAID BEFORE THE STATES OF DELIBERATION
(a) Health
Service (Benefit) (Limited List) (Pharmaceutical Benefit) (Amendment)
Regulations 2019
(Billet d’État No XVI of 2019. Made by the
Committee for Employment & Social Security—in force 16.01.19 and laid on 04.09.19)
(b) Health Service (Benefit)
(Limited List) (Pharmaceutical Benefit) (Amendment No 2) Regulations 2019
(Billet d’État No XVI of 2019. Made by the Committee for Employment & Social Security—in
force 08.05.19 and laid on 04.09.19)
(c) Road Traffic
(Construction and Use of Motor Vehicles) (Guernsey) (Brexit) Regulations 2019
(Billet d’État No XVI of 2019. Made by the Policy & Resources Committee—in force 24.04.19
and laid on 04.09.19)
(d) Health Service
(Benefit) (Limited List) (Pharmaceutical Benefit) (Amendment No 3) Regulations
2019
(Billet d’État No XVIII of 2019. Made by the
Committee for Employment & Social Security—in force 03.07.19 and laid
on 26.09.19)
(e) Misuse of Drugs (Modification No 2) Order
2019
(Billet d’État No XVIII of 2019. Made by the
Committee for Health & Social Care—in force 04.07.19 and laid on
26.09.19)
(f) Terrorism and Crime (Bailiwick of Guernsey)
(Information) Regulations 2019
(Billet d’État No XVIII of 2019. Made by the
Committee for Home Affairs– in force 22.07.19 and laid on 26.09.19)
(g) Disclosure (Bailiwick of
Guernsey) (Information) Regulations 2019
(Billet d’État No XVIII of 2019. Made by the
Committee for Home Affairs– in force 22.07.19 and laid on 26.09.19)
(h) Health Service
(Benefit) (Limited List) (Pharmaceutical Benefit) (Amendment No 4) Regulations
2019
(Billet d’État No XVIII of 2019. Made by the
Committee for Employment & Social Security—in force 24.07.19 and laid
on 26.09.19)
(i) Waste
Disposal and Recovery Charges Regulations 2019
(Billet d’État No XVIII of 2019. Made by the
Waste Disposal Authority—in force 01.08.19 and laid on 26.09.19)
(j) Income Tax (Substance Requirements)
(Implementation) (Amendment) Regulations 2019
(Billet d’État No XVIII of 2019. Made by the
Policy & Resources Committee—in force 01.08.19 and laid on 26.09.19)
(k) Water Charges (Amendment) Regulations 2019
(Billet d’État No XX of 2019. Made by the
States’ Trading Supervisory Board—in force 01.01.20 and laid on
16.10.19)
(l) Wastewater
Charges (Guernsey) Regulations 2019
(Billet d’État No XX of 2019. Made by the
States’ Trading Supervisory Board—in force 01.01.20 and laid on
16.10.19)
(m) Waste Disposal and Recovery Charges (No 2) Regulations 2019
(Billet d’État No XX of 2019. Made by the Waste
Disposal Authority—in force 01.01.20 and laid on 16.10.19)
(n) Health Service
(Benefit) (Limited List) (Pharmaceutical Benefit) (Amendment No 5) Regulations
2019
(Billet d’État No XX of 2019. Made by the
States’ Trading Supervisory Board—in force 28.08.19 and laid on
16.10.19)
(o) Airport Fees (Guernsey and Alderney)
Regulations 2019
(Billet d’État No XXII of 2019. Made by the
Committee for Employment & Social Security—in force 01.04.20 and laid
on 27.11.19)
(p) Pilotage
Dues (Guernsey) Regulations 2019
(Billet d’État No XXII of 2019. Made by the
States’ Trading Supervisory Board—in force 01.01.20 and laid on
27.11.19)
(q) Mooring Charges (Guernsey) Regulations 2019
(Billet d’État No XXII of 2019. Made by the
States’ Trading Supervisory Board—in force 01.04.20 and laid on
27.11.19)
(r) Harbour Dues and Facilities Charges (Guernsey) Regulations 2019
(Billet d’État No XXII of 2019. Made by the
States’ Trading Supervisory Board—in force 01.01.20 and laid on
27.11.19)
(s) Single Euro Payments Area (Guernsey)
(Amendment) Regulations 2019
(Billet d’État No XXII of 2019. Made by the
Committee for Economic Development—in force 14.09.19 and laid on
27.11.19)
(t) Financial Services Ombudsman (Case Fee and
Levies) (Bailiwick of Guernsey) Amendment Order 2019
(Billet d’État No XXIII of 2019. Made by the
Committee for Economic Development—in force 28.11.19 and laid on
27.11.19)
(u) Weights and
Measures (Prescribed Quantities) (Exemptions) Regulations 2019
(Billet d’État No XXIII of 2019. Made by the
Committee for Home Affairs—in force 30.09.19 and laid on 27.11.19)
(v) Weights and
Measures (Intoxicating Liquor) (Amendment) Regulations 2019
(Billet d’État No XXIII of 2019. Made by the
Committee for Home Affairs—in force 30.09.19 and laid on 27.11.19)
(w) Health Service (Benefit)
(Limited List) (Pharmaceutical Benefit) (Amendment No 6) Regulations 2019
(Billet d’État No XXIV of 2019. Made by the
Committee for Employment & Social Security—in force 30.10.19 and laid
on 11.12.19)
(x) Legal Aid (Guernsey and Alderney) Rules 2019
(Billet d’État No XXIV of 2019. Made by the Committee
for Employment & Social Security—in force 01.11.19 and laid on
11.12.19)
(y) States Reform
(Performance of Functions) (Public Transport) Regulations 2019
(Billet d’État No XXIV of 2019. Made by the
Committee for Home Affairs and the Committee for the Environment &
Infrastructure—in force 04.11.19 and laid on 11.12.19)
4. LAWS, ORDERS IN COUNCIL, ETC REGISTERED IN THE ROYAL COURT OF GUERNSEY
(a) Reform (Guernsey) (Amendment) Law 2019
(Billet d’État No X of 2019—registered 04.11.19. In force—04.11.19)
(b) Severe Disability and Carer's Allowance
(Guernsey) (Amendment) Law 2019
(Billet d’État No VIII of
2019—registered
04.11.19. In force on a date to be appointed by Regulations)
(c) Social
Insurance (Guernsey) (Amendment) Law 2019
(Billet d’État No V of 2019—registered 09.12.19. In
force—09.12.19)
5. SARK ORDINANCES CONSIDERED BY THE ROYAL COURT UNDER
S 39(1) OF THE REFORM (SARK) LAW 2008
(a) Direct Taxes for 2020 (Sark) Ordinance 2019
(In
force 02.10.19—placed before the Private Court on 07.11.19)
(b) Financial
Provisions (Variation of Rates) (Sark) Ordinance 2019
(In
force 01.01.20—placed before the Private Court on 07.11.19)
(c) Protection
from Harassment (Sark) Ordinance 2019
(In
force 03.10.19—placed before the Private Court on 07.11.19)
(d) European Communities (Food and Feed
Controls) (Sark) Ordinance 2019
(In force in
force on a date to be specified by Regulation—placed before the Private
Court on 07.11.19)
(e) Education (Sark) (Amendment) Ordinance 2019
(In
force 02.10.19—placed before the Private Court on 07.11.19)
6. RULES OF COURT
None.