SUMMARY OF LEGISLATION
BAILIWICK OF JERSEY
1 January–30 April 2020
1. LAWS ADOPTED BY
THE STATES
(a) Covid-19 (Enabling Provisions) (Jersey) Law 202-
(P.29/2020—adopted
in 3rd reading, 27.3.2020)
This Law enables
the States to make Regulations containing any provision necessary or expedient
as a direct or indirect result of the outbreak of Covid-19 in Jersey or its
aftermath.
2. LAWS, ORDERS IN COUNCIL, ETC REGISTERED IN THE ROYAL COURT
(a) Police Act 1997 (Criminal Records and
Registration) (Jersey) (Amendment No 2) Regulations 2012
(R&O.1/2020—registered
17.1.2020. In force 18.1.2020)
(b) Police Act 1997 (Criminal Records and
Registration) (Jersey) (Amendment) Regulations 2019
(R&O.2/2020—registered
17.1.2020. In force 24.1.2020)
(c) Employment
(Amendment No 11) (Jersey) Law 2020
(L.1/2020—registered
21.2.2020. Not in force)
(d) Communications (Television Licensing)
(Amendment) Regulations 2020
(R&O.17/2020—registered
28.2.2020. In force 1.4.2020)
(e) Covid-19 (Enabling Provisions) (Jersey) Law 2020
(L.2/2020—registered
7.4.2020. In force 8.4.2020)
(f) Children
and Education (Amendment) (Jersey) Law 2020
(L.3/2020—registered 17.4.2020. In force 24.4.2020)
3. LAWS BROUGHT INTO FORCE
(a) Criminal Procedure (Jersey) Law 2018 (Appointed
Day) (No 3) Act 2020
(R&O.26/2020—in
force 24.3.2020)
Article 17, Arts
19–23, arts 100–102 and art 118 (to the extent that art 14 of the
Loi (1864) réglant la Procédure Criminelle and art 7 and Part 3
of the Magistrate’s Court (Miscellaneous Provisions) (Jersey) Law 1949 is
repealed) of the Criminal Procedure (Jersey) Law 2018 brought into force on 25
March 2020.
4. REGULATIONS MADE BY THE STATES
(a) Banking Business (Depositors Compensation)
(Amendment No 2) (Jersey) Regulations 2020
(R&O.4/2020—in
force 28.1.2020)
These
Regulations amend the Banking Business (Depositors Compensation) (Jersey)
Regulations 2009, in order to add criminal offences and provisions about
information. The amendments give the Board powers to demand relevant
information from various persons, and a new power to demand information from
banks, at any time and in a specified format, about their total holdings of
eligible deposits (and other information relevant to functions under, or the operation
of, the depositors compensation scheme).
(b) Rehabilitation of Offenders (Exceptions)
(Amendment No 2) (Jersey) Regulations 2020
(R&O.5/2020—in
force 28.1.2020)
These
Regulations permit the making of enquiries regarding spent convictions in processing
an application for a licence to produce, supply, offer to supply or possess a
controlled drug or to cultivate cannabis plants.
(c) Employment (Minimum Wage) (Amendment No 16)
(Jersey) Regulations 2020
(R&O.6/2020—in
force 1.4.2020)
These Regulations
will, from 1 April 2020, increase by 3.81% the limits on the amounts that may
be taken into account where an employer provides food or living accommodation
to an employee as part of their employment package. The limits were last
increased on 1 October 2019.
(d) Control of Housing and Work (Residential and
Employment Status) (Amendment) (Jersey) Regulations 2020
(R&O.12/2020—in
force 4.3.2020)
These
Regulations make provision for the grant of Entitled status on social or
economic grounds to require the approval of the Housing and Work Advisory Group
established under the Control of Housing and Work (Jersey) Law 2012.
(e) Sea Fisheries (Licensing of Fishing Boats)
(Amendment No 7) (Jersey) Regulations 2020
(R&O.19/2020—in
force 18.3.2020)
These
Regulations amend the Sea Fisheries (Licensing of Fishing Boats) (Jersey)
Regulations 2003, the effect of which is to prohibit fishing boats used for the
purpose of recreational fishing on a fee paying basis, from operating without a
fishing boat licence or an access permit.
(f) EU
Legislation (Plant Health) (Jersey) Regulations 2020
(R&O.20/2020—not in
force)
These
Regulations give effect in Jersey law to certain EU instruments concerning
plant health and official controls in relation to plant health.
(g) Cremation (Suspension and Modification of
Regulations—Covid-19) (Jersey) Regulations 2020
(R&O.23/2020—in
force 24.3.2020)
These
Regulations suspend the requirement, in the Cremation (Jersey) Regulations
1961, for a second registered medical practitioner to certify death for the
purposes of an application for cremation. Those 1961 Regulations are also
modified to confer a discretion on the Medical Referee to permit cremation
without a certificate of death. These modifications would have effect only for
the purposes of dealing with the current coronavirus epidemic.
(h) Unlawful Public Entertainments (Amendment)
(Jersey) Regulations 2020
(R&O.24/2020—in
force 25.3.2020)
These
Regulations amend the Unlawful Public Entertainments (Jersey) Regulations 2019,
which expire in 2022 (unless renewed), to require organisers of public
entertainments to obtain the permission of the Bailiff, and to comply with any
conditions attached when the permission is granted. The effect of the amendment
is that, when it appears to the Bailiff to be in the public interest,
conditions can be added or varied after the permission was granted, or the
permission can be revoked.
(i) Marriage and
Civil Status (Amendment of Law) (Covid-19—Temporary Amendment) (Jersey)
Regulations 2020
(R&O.25/2020—in
force 25.3.2020)
These
Regulations modify the operation of Part 5 (Registration of Births, Deaths and
Marriages) of the Marriage and Civil Status (Jersey) Law 2001 as a consequence
of the outbreak of Covid-19 in Jersey.
(j) Statutory Nuisances (Amendment) (Jersey)
Regulations 2020
(R&O.27/2020—in
force 25.3.2020)
These
Regulations amend the Statutory Nuisances (Jersey) Regulations 2017, to add a
matter that constitutes a statutory nuisance to the list in the Statutory
Nuisances (Jersey) Law 1999. The new statutory nuisance is any event at which
persons gather, if the event is of such size or duration, and is held in such
circumstances in relation to potential contamination or infection with
Covid-19, as to be prejudicial to health or a nuisance.
(k) Regulation of Care (Standards and
Requirements) (Covid‑19—Temporary Amendments) (Jersey) Regulations
2020
(R&O.28/2020—in
force 25.3.2020)
These
Regulations make temporary changes to certain requirements in respect of the
registration of registered providers, the employment of workers and inspections
by the Jersey Health and Social Care Commission in relation to activities
regulated under the Regulation of Care regime as a consequence of the outbreak
of Covid-19 in Jersey.
(l) Regulation of
Care (Amendment of Law) (Covid-19—Temporary Amendment) (Jersey)
Regulations 2020
(R&O.29/2020—in
force 25.3.2020)
These
Regulations make temporary changes to the Regulation of Care (Jersey) Law 2014,
which describes what are “regulated activities” to be regulated
under the Law. The changes are as a consequence of the outbreak of Covid‑19
in Jersey.
(m) Public
Finances (Amendment of Law) (Jersey) Regulations 2020
(R&O.30/2020—in
force 25.3.2020)
These
Regulations amend the Public Finances (Jersey) Law 2019, which modifies the way
the Law operates when a state of emergency has been declared or the Minister is
satisfied that there exists an immediate threat to the health or safety of the
inhabitants of Jersey, to the stability of Jersey’s economy or to the
environment. The amendments add further modifications for the duration of the
period when the Minister is satisfied that those circumstances apply.
(n) Covid-19 (Schools and Day Care of Children)
(Jersey) Regulations 2020
(R&O.32/2020—in
force 28.3.2020)
These
Regulations make provision for the Minister for Education to require the
closure of school premises or day care accommodation including day carer
premises, to prevent the infection by, and spread of, Covid‑19
(coronavirus). These Regulations also allow the Minister to implement
arrangements for the education of compulsory school age children whilst those
children are unable to attend school by reason of the closure of school
premises.
(o) Social Security (Amendment of Law No 12)
(Jersey) Regulations 2020
(R&O.35/2020—in
force 3.4.2020)
These
Regulations remove the obligation on the States to pay into the Social Security
Fund for the year 2020.
(p) Marriage and Civil Status (Amendment of Law
No 2) (Covid‑19—Temporary Amendment) (Jersey) Regulations 2020
(R&O.36/2020—in
force 3.4.2020)
These
Regulations temporarily modify the operation of art 64 (Certificate of fact and
cause of death) of the Marriage and Civil Status (Jersey) Law 2001 as a
consequence of the outbreak of Covid-19 in Jersey.
(q) Covid-19 (Screening, Assessment and
Isolation) (Amendment) (Jersey) Regulations 2020
(R&O.37/2020—in
force 3.4.2020)
These
Regulations make a minor amendment to the Covid-19 (Screening, Assessment and
Isolation) (Jersey) Regulations 2020. The amendments allow an Order to include
a non-exhaustive list of reasonable excuses. They also make the absence of a
reasonable excuse part of the main prohibition rather than the offence, to
ensure that it is something that the prosecution must prove (along with the other
elements of the offence.
(r) Regulation of Care (Amendment of Law) (Covid-19—Temporary
Amendment No 2) (Jersey) Regulations 2020
(R&O.40/2020—in
force 10.4.2020)
These
Regulations make further temporary changes to the Regulation of Care (Jersey)
Law 2014, which describes what are “regulated activities” to be
regulated under the Law. The changes are as a consequence of the outbreak of
Covid-19 in Jersey.
(s) Covid-19 (Residential Tenancy) (Temporary Amendment of Law) (Jersey)
Regulations 2020
(R&O.42/2020—in
force 10.4.2020)
These
Regulations make temporary amendments to the Residential Tenancy (Jersey) Law
2011 to insert a new Part 3A which has temporary provisions relating to the
Covid‑19 outbreak. The amendments will expire on 30 September 2020.
(t) Covid-19
(Emergency Provisions—Courts) (Jersey) Regulations 2020
(R&O.45/2020—in
force 23.4.2020)
These
Regulations make temporary changes to the hearing of certain court and tribunal
proceedings as a result of the Covid-19 outbreak in Jersey
(u) Covid-19
(Health Insurance Fund) (Jersey) Regulations 2020
(R&O.46/2020—in
force 23.4.2020)
These
Regulations amend the Health Insurance Fund (Miscellaneous Provisions) (Jersey)
Law 2011 to allow £5,322,000 to be transferred from the Health Insurance
Fund to the Consolidated Fund.
(v) Covid-19
(Mental Health) (Jersey) Regulations 2020
(R&O.47/2020—in
force 23.4.2020)
These
Regulations allow for temporary modifications to be made to the Mental Health
(Jersey) Law 2016. They also provide for the Minister for Health and Social
Services to declare an extraordinary period if the Covid-19 outbreak in Jersey
has disrupted the provision of care and treatment of persons suffering mental
disorder.
(w) Covid-19
(Restricted Trading) (Jersey) Regulations 2020
(R&O.48/2020—in
force 23.4.2020)
These
Regulations enable the Minister for Health and Social Services to declare a
period of restricted trading in certain circumstances, enabling the Minister to
direct certain business premises to close or to open only for certain purposes
and to direct the occupier or operator of certain business premises not to
carry out certain work or to only carry out certain work for a specified
purpose.
(x) Covid-19
(Construction Work) (Jersey) Regulations 2020
(R&O.49/2020—in
force 23.4.2020)
These
Regulations enable the Minister for Health and Social Services, in certain
circumstances, to impose temporary prohibitions or restrictions on construction
work.
(y) Covid-19
(Signing of Instruments) (Jersey) Regulations 2020
(R&O.50/2020—in force
23.4.2020)
These
Regulations introduce time-limited amendments to permit wills to be witnessed
over an audio-visual link. The Regulations would also allow probate
applications and the attestation of probate-related documents to be executed
remotely.
5. OTHER SUBORDINATE
LEGISLATION OF NOTE
(a) European Union (Regulations Related to
United Kingdom Exit—Commencement) (Jersey) Order 2020
(R&O.3/2020—in
force 20.1.2020)
This Order
brings into force the whole of the European Union (United Kingdom Exit—Miscellaneous
Amendments) (Jersey) Regulations 2019, Regs 1 and 4 of the European Union
(Financial Services—Miscellaneous Amendments) (Jersey) Regulations 2019
and Regs 1 and 6–8 of the Intellectual Property (Unregistered Rights)
(Application, Transitional Provisions and Savings) (Amendment) (Jersey)
Regulations 2019, at 11 p.m. on 31 January 2020.
(b) Medical Practitioners (Registration)
(General Provisions) (Covid-19—Temporary Amendments) (Jersey) Order 2020
(R&O.31/2020—in
force 26.3.2020)
This Order temporarily
amends the Medical Practitioners (Registration) (General Provisions) (Jersey)
Order 2014 during an emergency relating to the Covid-19 outbreak in Jersey.
(c) Covid-19
(Restricted Movement) (Jersey) Order 2020
(R&O.34/2020—in
force 30.3.2020 at 8 a.m.)
This Order
declares a period of restricted movement under the Covid-19 (Screening,
Assessment and Isolation) (Jersey) Regulations 2020. It also declares 8 a.m. on
13 April 2020 as the end of that period.
The Order
makes exceptions from the requirement not to go to (or remain in) a public
place. The exceptions cover police officers, when acting as such, and
authorised officers (defined in the Regulations to include health officers, as
well as police officers), when acting as such. They also cover other persons
when they are in a public place for the purpose of their work, if it is not
reasonably possible for them to work from their home. Work includes charitable
and voluntary work, and travel from home to work and back is treated as being
for the purpose of work. There is also an exception for other persons who are
required to go to (or remain in) a public place to fulfil a legal obligation.
The requirement under
the Regulations applies to any public place. The Order adds that a private road
or way is also to be treated as a public place if the public has access to it,
whether for payment or otherwise.
(d) Social
Security (Contributions) (Covid-19) (Jersey) Order 2020
(R&O.38/2020—in
force 4.4.2020)
This Order
extends the time limits for making Class 1 and Class 2 social security
contributions to mitigate the impact of the Covid-19 outbreak.
(e) Covid-19 (Restricted Movement)
(Amendment—Extension) (Jersey) Order 2020
(R&O.39/2020—in
force 13.4.2020)
This Order
amends the Covid-19 (Restricted Movement) (Jersey) Order 2020 to extend the
period of restricted movement under that Order, which was due to end at 8 a.m.
on 13 April 2020, it ends instead at 8 a.m. on 27 April 2020.
(f) Planning and Building (General Development) (Amendment No 5—Covid-19)
(Jersey) Order 2020
(R&O.41/2020—in
force 10.4.2020)
This Order
amends the Planning and Building (General Development) (Jersey) Order 2011, to
give general permission to the Government of Jersey for temporary work of a
kind otherwise permitted by that Order, and for a temporary change of use of
any land, to enable the creation of emergency medical and related facilities to
deal with the Covid‑19 epidemic. Such use is limited to 12 months
beginning with the date of the change, and after that period the building or
land in question must be restored to its previous use and (so far as
practicable) its previous condition.
(g) Control of Housing and Work (Exemptions)
(Covid‑19—Temporary Amendment) (Jersey) Order 2020
(R&O.43/2020—in
force 18.4.2020)
This Order
amends the Control of Housing and Work (Exemptions) (Jersey) Order 2013. The
Order contains a list of people who do not count towards the maximum number of
people with Licensed or Registered status who are permitted to work in or for
an undertaking. This Order inserts a temporary addition to that list. Until 30
September 2020, a person will not count towards the maximum number if the
person is providing cover for up to 3 months for a worker who has left Jersey
due to the outbreak of Covid-19.
(h) Prison
(Temporary Amendment—Covid-19) (Jersey) Rules 2020
(R&O.44/2020—in
force 22.4.2020)
These Rules
amend the Prison (Jersey) Rules 2007 to create a specific procedure relating to
recall of prisoners who have been released temporarily by the Minister, for
reasons of safety to deal with the Covid-19 epidemic. Under the new r 64A,
the Minister may order the return of such prisoners into custody. A right to
request a review of the Minister’s order is also conferred and such a
request must be considered initially by a panel of the Independent Prison
Monitoring Board.
(i) Covid-19 (Construction Work) (Jersey) Order
2020
(R&O.51/2020—in
force 23.4.2020)
This Order
prohibits construction work for a specified period, provides for exemptions,
and enables the Minister for Health and Social Services to grant (and vary or
cancel) permits.
(j) Covid-19
(Restricted Movement) (Amendment—Second Extension) (Jersey) Order 2020
(R&O.52/2020—in
force 27.4.2020)
This Order
amends the Covid-19 (Restricted Movement) (Jersey) Order 2020. The amendment
extends, for the second time, the period of restricted movement under that
Order. That period, as first extended, was due to end at 8 a.m. on 27 April
2020. This amendment means that it ends instead at 8 a.m. on 11 May 2020.
6. RULES OF COURT
None.
BAILIWICK OF GUERNSEY
1 January–30 April 2020
A. GUERNSEY
1. LAWS
APPROVED BY THE STATES OF DELIBERATION
(a) Capacity (Bailiwick of Guernsey) Law 2020
(Billet
d’État No X of 2020. Approved 22.04.20)
This Law is
largely based on the provisions of the Mental Capacity Act 2005 (as
subsequently amended), but is intended to take into account the current
processes and requirements of the Bailiwick.
Part 1 (Preliminary)
sets out the key interprétative provisions, defining terms which are
used throughout the Law, and lists the decisions which may not be made on
behalf of a person who lacks capacity under the Law.
Part 2 (Persons who
lack capacity) states the principles of the Law (e.g. a person is assumed to have capacity unless it is established
that they lack capacity), lists what must be proved before a person lacks
capacity and enshrines the key principle that any decisions taken on behalf of
a person who lacks capacity must be made in the best interests of that person.
Part 3 (Powers of and
applications to court and tribunal) sets out the general powers of the court
and the Mental Health and Capacity Review Tribunal.
Part 4 (Lasting powers
of attorney) introduces lasting powers of attorney which allow a grantor (a
person with capacity) to appoint an attorney who may deal with their health and
welfare, or property and financial affairs, or both, when the grantor no longer
has capacity.
Part 5 (Advance
decisions to refuse treatment) establishes ADRTs (also known as living wills)
which allow a person with capacity to make a decision to refuse specified
treatment when they no longer have capacity.
Part 6 (Advanced care
plans) allows a person to make an advanced care plan setting out their wishes
in relation to the care and treatment that they would wish to receive when they
lack capacity (including interests, food and even funeral arrangements).
Part 7 (Independent
capacity representatives) establishes the role of ICRs who have the function of
assisting persons who lack capacity and may challenge decisions taken on their
behalf.
Part 8 (Protective
authorisation scheme) introduces the concept of a “significant
restriction of a person’s personal rights” (which is defined as a
deprivation of liberty in accordance with ECHR case law). This scheme will give
clear legal power for e.g. care
placements and hospitals to ensure that people who lack capacity remain in safe
environments for the purposes of their treatment and care, and is the
equivalent of the Deprivation of Liberty Safeguards and Liberty Protection
Safeguards schemes in England and Wales. Protective authorisations may be
issued or reviewed by capacity professionals (who are independent
decision-makers in the same vein as approved social workers under the Mental
Health (Bailiwick of Guernsey) Law 2003.
Part 9 (Safeguarding)
provides the States with an Ordinance-making power to make provision for
safeguarding measures in relation to vulnerable persons aged 18 or over.
(b) Marriage
(Bailiwick of Guernsey) Law 2020
(Billet
d’État No X of 2020. Approved 24.04.20)
This Law will
repeal and replace the current Bailiwick legislation setting out the
formalities and procedures necessary for the formation of marriages in the
Bailiwick. It re-enacts with modifications the provisions relating to
prohibited degrees and other legal restrictions on marriage. It empowers the
Registrar-General to authorise a new category of persons who may solemnise
marriage (civil celebrants, which include non-religious belief celebrants such
as Humanists); and it removes certain procedural restrictions such as the
location and times of marriage whilst including updated provision intended to
safeguard against illegal, sham and forced marriage.
2.
ORDINANCES APPROVED BY THE STATES OF DELIBERATION
(a) Companies (Guernsey) Law 2008 (Insolvency)
(Amendment) Ordinance 2020
(Billet
d’État No I of 2020. Approved 15.01.20—in force on a
date to be appointed by Regulations)
This Ordinance
amends the Companies (Guernsey) Law 2018 to make further provision relating to
the insolvency of companies.
(b) Income Tax (Guernsey) (Approval of Agreement
with Isle of Man) Ordinance 2020
(Billet
d’État No V of 2020. Approved 26.02.20—in force 01.03.20)
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
is the Protocol amending the Agreement between the States of Guernsey and the
Government of the Isle of Man for the Avoidance of Double Taxation and the
Prevention of Fiscal Evasion with respect to Taxes on Income signed on 24 January
2013, the Protocol having been signed at Douglas on 18 October 2019 and Saint
Peter Port on 12 November 2019.
(c) Income Tax (Guernsey) (Approval of Agreement
with New Zealand) Ordinance 2020
(Billet
d’État No V of 2020.
Approved 26.02.20—in force 01.03.20)
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
is the Protocol amending the Agreement between the States of Guernsey and the
Government of New Zealand for the Exchange of Information with Respect to Taxes
and the Allocation of Taxing Rights with respect to Certain Income of
Individuals signed on 21 July 2009, the Protocol having been signed at London
on 16 September 2019.
(d) Income Tax (Guernsey) (Approval of Agreement
with Estonia) Ordinance 2020
(Billet
d’État No V of 2020. Approved 26.02.20—in force 01.03.20)
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
is the Agreement between the States of Guernsey and the Republic of Estonia for
the Elimination of Double Taxation with respect to Taxes on Income and the
Prevention of Tax Evasion and Avoidance signed on 18 November 2019, on behalf
of the States of Guernsey and the Republic of Estonia.
(e) Reform (Guernsey) (Amendment) (No 2) Law
2019 (Commencement) Ordinance 2020
(Billet
d’État No X of 2020.
Approved 22.04.20—in force 22.04.20)
This Ordinance brings the Reform (Guernsey) (Amendment) (No 2) Law 2019 into force on 22 April 2020.
(f) Scrutiny
of States and Public Bodies (Guernsey) Ordinance 2020
(Billet
d’État No X of 2020.
Approved 22.04.20—in force on a day to be appointed by Regulations)
This Ordinance
empowers the States Scrutiny Management Committee (“the SMC”) to
apply to the Royal Court for an order requiring a person to appear before and
produce documents to that committee or a scrutiny panel appointed by it, and
provides for privilege, confidentiality and immunity in respect of evidence
given to the SMC or a scrutiny panel.
Section 1 requires the
SMC to ask a person to produce documents or appear before it to give evidence
before applying to the court for an order requiring that person to do so, and
to accommodate certain requests if made by that person in response to such a
request. It goes on to provide the grounds for an application to the court by
the SMC if a person refuses to comply with a request made by it, and to make
further provision in respect of such applications. Section 2 makes provision in
relation to orders made pursuant to an application under s 1, including
provision as to the service of such orders.
Section 3 amends art
20E of the Reform (Guernsey) Law 1948, and provides that a person appearing
before the SMC or a scrutiny panel (“a witness”) may refuse to
answer a question on the grounds of a privilege conferred by that art. Section
4 provides grounds on which a witness may challenge a question put to him or
her by the SMC or a scrutiny panel, and for such a challenge to be considered
in closed session. Section 5 confers a right on a witness to request the SMC or
scrutiny panel to go into closed session for part of his or her evidence on specified
grounds. Section 6 confers immunity from proceedings on witnesses and excludes
answers given by witnesses from use in other proceedings, but allows the person
chairing the meeting to withdraw that immunity and/or exclusion from further
questions, having given a warning to that effect, if the chairperson is of
opinion that the witness may be abusing such protection. The section does not
preclude the institution of criminal proceedings under s 8.
Sections 7 to 9 create
criminal offences. Section 7 makes it an offence without reasonable excuse to
disobey a court order requiring a person to produce documents to the SMC, or to
appear before the SMC or a scrutiny panel, or to refuse to comply with a
requirement to be examined before or answer any lawful and relevant question
put by the SMC or scrutiny panel. It makes clear that exercising a right
conferred under ss 3–5—for example, to challenge a question
under s 4—is a reasonable excuse for these purposes. Section 8
creates an offence of making false statements and producing false or misleading
information and documents, and s 9 makes it an offence to interfere with
witnesses appearing before or producing documents to the SMC or a scrutiny
panel.
(g) Guernsey Competition and Regulatory
Authority (Amendment) Ordinance 2020
(Billet
d’État No X of 2020. Approved 22.04.20—in force
01.05.20)
This Ordinance
amends the Guernsey Competition and Regulatory Authority Ordinance 2012
(“the Ordinance”) to extend the power of the Guernsey Competition
and Regulatory Authority (“the Authority”) to arrange for any of
its functions under the Ordinance, any relevant Ordinance, or any other
enactment to be exercised in its name by any of its members, officers or
employees (“the power of delegation”), so that the power of delegation
extends to certain functions which would otherwise be excluded. It also
clarifies, for the avoidance of doubt, that the Chief Executive of the
Authority may further delegate functions that have been delegated to him by the
Authority under para 13(1) of Schedule 1 to the Ordinance.
(h) Guernsey Competition and Regulatory
Authority (Amendment) (No 2) Ordinance 2020
(Billet
d’État No X of 2020. Approved 22.04.20—in force
23.04.20)
This Ordinance
amends Schedule 1 to the Guernsey Competition and Regulatory Authority
Ordinance 2012 to permit the Committee for Economic Development (rather than
the States of Deliberation) to appoint, or revoke the appointment of, the
Chairman of the Guernsey Competition and Regulatory Authority.
3. ORDINANCES,
SUBORDINATE LEGISLATION ETC LAID
BEFORE THE STATES OF DELIBERATION
(a) Land
Planning and Development (Fees) (Amendment) Regulations 2019
(Billet d’État No I of 2020. Made by the Development & Planning Authority—in force
01.01.20 and laid on 15.01.20)
(b) Health Service
(Benefit) (Limited List) (Pharmaceutical Benefit) (Amendment No 7) Regulations
2019
(Billet d’État No IV of 2020. Made by the Committee for Employment & Social Security—in
force 27.11.19 and laid on 05.02.20)
(c) Data Protection
(General Provisions) (Bailiwick of Guernsey) (Amendment No 2) Regulations 2019
(Billet d’État No IV of 2020. Made by the Committee for Home Affairs—in force 01.01.20 and laid on 05.02.20)
(d) Boarding Permit Fees (2) Order 2019
(Billet d’État No IV of 2020. Made by the Committee for Economic Development—in force 01.04.20 and laid on 05.02.20)
(e) Income Tax
(Guernsey) (Valuation of Benefits in Kind) (Amendment) Regulations 2019
(Billet d’État No IV of 2020. Made by the Policy & Resources Committee—in force 01.01.20 and laid on 05.02.20)
(f) Income Tax (Pension Amendments) (Guernsey) Regulations 2019
(Billet d’État No IV of 2020. Made by the Policy & Resources (Committee—in force 01.01.20 and laid on 05.02.20)
(g) Health Service
(Medical Appliances) (Amendment) Regulations 2019
(Billet d’État No IV of 2020. Made by the Committee for
Employment & Social Security—in force 01.01.20 and laid on 05.02.20)
(h) Social Insurance (Benefits) (Amendment)
Regulations 2019
(Billet d’État No IV of 2020. Made by the Committee for Employment & Social Security—in
force 01.01.20, with the exception of Regulation 2 which came into force on
06.01.20, and laid on 05.02.20)
(i) Health Service (Payment of Authorised
Appliance Suppliers) (Amendment) Regulations 2019
(Billet d’État No IV of 2020. Made by the Committee for Employment & Social Security—in
force 01.01.20 and laid on 05.02.20)
(j) Health Service (Payment of Authorised
Suppliers) (Amendment) Regulations 2019
(Billet d’État No IV of 2020. Made by the Committee for Employment & Social Security—in
force 01.01.20 and laid on 05.02.20)
(k) Document Duty (Amendment) Ordinance 2019
(Billet d’État No IV of 2020. Made by the Policy & Resources Committee—in force 11.12.19
and laid on 05.02.20)
(l) European Communities (Official Controls)
(Implementation and General Provisions) (Guernsey) Ordinance 2019
(Billet d’État No IV of 2020. Made by the Policy & Resources Committee—in force 14.12.19
and laid on 05.02.20)
(m) Reform (Guernsey) Law
1948 (Amendment) (No 2) Ordinance 2019
(Billet d’État No IV of 2020. Made by the Policy & Resources Committee—in force 10.12.19
and laid on 05.02.20)
(n) Republic of
Maldives (Repeal of Restrictive Measures) (Guernsey and Sark) Regulations 2019
(Billet d’État No V of 2020. Made by the Policy & Resources Committee—in force 08.11.19 and laid on 26.02.20)
(o) Nicaragua
(Restrictive Measures) (Bailiwick of Guernsey) Regulations 2019
(Billet d’État No V of 2020. Made by the Policy & Resources Committee—in force 08.11.19 and laid on 26.02.20)
(p) Cyber-Crime
(Restrictive Measures) (Bailiwick of Guernsey) Regulations 2019
(Billet d’État No V of 2020. Made by the Policy & Resources Committee—in force 08.11.19 and laid on 26.02.20)
(q) Health Service
(Benefit) (General) (Amendment) Regulations 2019
(Billet d’État No V of 2020. Made by the Committee for Employment & Social Security—in
force 01.01.20 and laid on 26.02.20)
(r) Income Support (Guernsey) (Amendment) Regulations 2020
(Billet d’État No V of 2020. Made by the Committee for Employment & Social Security—in
force 10.01.20 and laid on 26.02.20)
(s) Data Protection (General Provisions)
(Bailiwick of Guernsey) (Amendment) Regulations 2020
(Billet d’État No No V of 2020. Made by the Committee for Home Affairs—in force 07.01.20 and laid on 26.02.20)
(t) Health Service (Benefit) (Limited List)
(Pharmaceutical Benefit) (Amendment) Regulations 2020
(Billet d’État No VII of 2020. Made by the Committee for Employment & Social Security—in
force 22.01.20 and laid on 18.03.20)
(u) Registration of Political Parties (Fees)
Regulations 2020
(Billet d’État No VII of 2020. Made by the States' Assembly & Constitution Committee—in
force 30.01.20 and laid on 18.03.20)
(v) Polling Stations (Hours of Opening)
Regulations 2020
(Billet d’État No VII of 2020. Made by the States' Assembly & Constitution Committee—in
force 30.01.20 and laid on 18.03.20)
(w) Elections (Presence of Candidates at Count) Rules 2020
(Billet d’État No VII of 2020. Made by the States' Assembly & Constitution Committee—in
force 30.01.20 and laid on 18.03.20)
(x) Electoral Roll (Public Inspection) Rules
2020
(Billet d’État No VII of 2020. Made by the Committee for
Home Affairs—in force 03.02.20 and
laid on 18.03.20)
(y) Plant Health
(Enabling Provisions) (Guernsey) Law 2014 (Commencement) (Amendment) Ordinance
2020
(Billet d’État No VII of 2020. Made by the Policy & Resources Committee—in force 04.02.20
and laid on 18.03.20)
(z) Plant Health (Implementation) (Guernsey)
Ordinance 2020
(Billet d’État No VII of 2020. Made by the Policy & Resources Committee—in force 04.02.20
and laid on 18.03.20)
(aa) Emergency Powers
(Coronavirus) (Bailiwick of Guernsey) Regulations 2020
(Urgent Proposition to the
States of Deliberation, 14.04.2020. Made by the Civil Contingencies
Authority—in force 18.03.20 and laid and approved on 14.04.20)
(bb) Emergency Powers
(Coronavirus) (Schools) (Bailiwick of Guernsey) Regulations 2020
(Urgent Proposition to the
States of Deliberation, 14.04.2020. Made by the Civil Contingencies
Authority—in force 20.03.20 and laid and approved on 14.04.20)
(cc) Emergency Powers
(Coronavirus) (Control of Premises) (Bailiwick of Guernsey) Regulations 2020
(Urgent Proposition to the
States of Deliberation, 14.04.2020. Made by the Civil Contingencies
Authority—in force 20.03.20 and laid and approved on 14.04.20)
(dd) Emergency Powers
(Coronavirus) (Control of Events, Gatherings and Meetings) (Bailiwick of
Guernsey) Regulations 2020
(Urgent Proposition to the
States of Deliberation, 14.04.2020. Made by the Civil Contingencies
Authority—in force 24.03.20 and laid and approved on 14.04.20)
(ee) Emergency Powers
(Coronavirus) (States Procedures) (Alderney) Regulations 2020
(Urgent Proposition to the
States of Deliberation, 14.04.2020. Made by the Civil Contingencies
Authority—in force 25.03.20 and laid and approved on 14.04.20)
(ff) Emergency Powers
(Coronavirus) (Chief Pleas Procedures) (Sark) Regulations 2020
(Urgent Proposition to the
States of Deliberation, 14.04.2020. Made by the Civil Contingencies
Authority—in force 25.03.20 and laid and approved on 14.04.20)
(gg) Emergency Powers
(Coronavirus) (Population Management and Miscellaneous Provisions) (Bailiwick
of Guernsey) Regulations 2020
(Urgent Proposition to the
States of Deliberation, 14.04.2020. Made by the Civil Contingencies
Authority—in force 25.03.20 and laid and approved on 14.04.20)
(hh) Emergency Powers
(Coronavirus) (Mental Health) (Bailiwick of Guernsey) Regulations 2020
(Urgent Proposition to the
States of Deliberation, 14.04.2020. Made by the Civil Contingencies
Authority—in force 02.04.20 and laid and approved on 14.04.20)
(ii) Emergency
Powers (Coronavirus) (Parochial Matters and Miscellaneous Provisions)
(Bailiwick of Guernsey) Regulations 2020
(Urgent Proposition to the
States of Deliberation, 14.04.2020. Made by the Civil Contingencies
Authority—in force 02.04.20 and laid and approved on 14.04.20)
(jj) Emergency
Powers (Coronavirus) (Registration of Deaths, etc. and Cremation Procedures)
(Bailiwick of Guernsey) Regulations 2020
(Urgent Proposition to the
States of Deliberation, 14.04.2020. Made by the Civil Contingencies
Authority—in force 02.04.20 and laid and approved on 14.04.20)
(kk) Emergency Powers (Coronavirus) (Temporary Registration of
Health Professionals) (Bailiwick of Guernsey) Regulations 2020
(Urgent Proposition to the
States of Deliberation, 14.04.2020. Made by the Civil Contingencies
Authority—in force 02.04.20 and laid and approved on 14.04.20)
(ll) Emergency
Powers (Coronavirus) (States Procedures) (Bailiwick of Guernsey) Regulations 2020
(Urgent Proposition to the
States of Deliberation, 22.04.2020. Made by the Civil Contingencies
Authority—in force 09.04.20 and laid and approved on 22.04.20)
(mm) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of
Guernsey) Regulations 2020
(Urgent Proposition to the
States of Deliberation, 22.04.2020. Made by the Civil Contingencies
Authority—in force 16.04.20 and laid and approved on 22.04.20)
(nn) Air Navigation (Fees) (Amendment) Regulations 2019
(Billet d’État No X of 2020. Made by the
Director of Civil Aviation—in force 01.01.20 and laid on 22.04.20)
(oo) Air Navigation
(Bailiwick of Guernsey) (Foreign Aircraft Operations) (Amendment) Regulations
2019
(Billet d’État No X of 2020. Made by the
Committee for Economic Development—in force 01.01.20 and laid on
22.04.20)
(pp) Companies (Recognition
of Auditors) (Amendment) Regulations 2020
(Billet d’État No X of 2020. Made by the
Committee for Economic Development—in force 15.03.20 and laid on
22.04.20)
(qq) Emergency Powers
(Coronavirus) (General Provision) (Bailiwick of Guernsey) (Amendment)
Regulations 2020
(Urgent Proposition to the
States of Deliberation, 29.04.2020. Made by the Civil Contingencies
Authority—in force 24.04.20 and laid and approved on 29.04.20)
4. LAWS, ORDERS IN COUNCIL, ETC REGISTERED IN THE ROYAL COURT OF GUERNSEY
(a) Population Management (Guernsey) (Amendment) Law 2019
(Billet d’État No XX of
2019—registered 09.03.20. In force on a date to be appointed by
Ordinance)
(b) Reform
(Guernsey) (Amendment) (No 2) Law 2019
(Billet d’État No XVIII of 2019—registered
09.03.20. In force on a date to be appointed by Ordinance)
(c) Extradition
(Bailiwick of Guernsey) Law 2019
(Billet
d’État No XVIII of 2019—registered 06.04.20. In force on a date to be
appointed by Regulations)
(d) States’ Register of Contact Details
(Guernsey & Alderney) Law 2019
(Billet d’État No XVI of 2019—registered
06.04.20. In force—07.04.20)
(e) Economic Statistics (Guernsey & Alderney) Law 2019
(Billet d’État No XVI of 2019—registered
06.04.20. In force on a date to be appointed by Regulations)
(f) Real Property (Transfer Tax, Charging and Related Provisions) (Sark)
(Amendment) Law 2019
(Billet d’État 01.05.19—registered
06.04.20. In force on a date to be appointed by Ordinance of the Chief Pleas)
(g) Land
Reform (Sark) Law 2019
(Billet d’État 01.05.19—registered
06.04.20. In force on a date to be appointed by Ordinance of the Chief Pleas)
(h) Evictions
(Stay of Eviction) (Sark) Law 2019
(Billet d’État 03.07.19—registered
06.04.20. In force on a date to be appointed by Ordinance of the Chief Pleas)
(i) Same-Sex Marriage (Sark) Law 2020
(Billet d’État 17.12.19—registered
06.04.20. In force on a date to be appointed by Ordinance of the Chief Pleas)
(j) Leasehold Reform (Miscellaneous Provisions)
(Sark) Law 2019
(Billet d’État 03.07.19—registered
06.04.20. In force on a date to be appointed by Ordinance of the Chief Pleas)
5. SARK ORDINANCES CONSIDERED BY THE ROYAL COURT UNDER
S 39(1) OF THE REFORM (SARK) LAW 2008
(a) Reform (Election of Conseillers)
(By-Election) (Sark) Ordinance 2020
(In force 22.01.20—placed
before the Private Court on 19.02.20)
6. RULES OF COURT
(a) Greffe (Opening Hours) Order 2020
(Made 27.03.20. In force 27.03.20).
This
Order restricts the Greffe’s opening hours.