SUMMARY OF LEGISLATION
BAILIWICK OF JERSEY
1 May–31 August 2020
1. LAWS ADOPTED BY THE STATES
(a) Limited Liability Companies (Amendment)
(Jersey) Law 202-
(P.35/2020—adopted
in 3rd reading, 12.5.2020)
This Law amends the Limited Liability Companies (Jersey)
Law 2018 which provides for the establishment and regulation of limited
liability companies.
(b) Financial Services (Disclosure and Provision
of Information) (Jersey) Law 202-
(P.69/2020—adopted
in 3rd reading, 14.7.2020)
This Law makes provision to provide the Jersey
Financial Services Commission with information relating to beneficial ownership
and significant persons by certain entities; and for other purposes.
2. LAWS, ORDERS IN COUNCIL, ETC REGISTERED IN THE ROYAL COURT
(a) Communications (Jersey) Order 2020
(L.4/2020—registered
29.5.2020. In force 1.6.2020)
(b) Limited Liability Companies (Amendment)
(Jersey) Law 2020
(L.5/2020—registered
7.8.2020. Not in force)
3. LAWS BROUGHT INTO FORCE
(a) Employment (Amendment No 11) (Jersey) Law 2020
(Appointed Day) Act 2020
(R&O.85/2020—in
force 16.6.2020)
Whole
Law brought into force on 28th June 2020.
4. REGULATIONS MADE BY THE
STATES
(a) Covid-19 (Capacity and Self-Determination)
(Jersey) Regulations 2020
(R&O.63/2020—in
force 14.5.2020)
These Regulations make temporary amendments to the
Capacity and Self-Determination (Jersey) Law 2016 during an extraordinary
period declared by the Minister for Health and Social Services. These
amendments relate to the circumstances where a manager of a hospital, approved
care home or other similar establishment may impose a significant restriction
on a person that would otherwise amount to a deprivation of liberty.
(b) Covid-19 (Workplace Restrictions) (Jersey) Regulations 2020
(R&O.65/2020—in
force 20.5.2020)
These Regulations enable the Minister for Health
and Social Services to make Orders prohibiting or restricting the opening of
workplaces as specified in the Order or imposing certain conditions on their
opening. Such an Order must be proportionate and necessary in light of the risk
or potential risk to public health caused by Covid-19.
(c) Covid-19 (Civil Partnership and Marriage) (Jersey)
Regulations 2020
(R&O.66/2020—in
force 20.5.2020)
These Regulations temporarily amend the Civil
Partnership (Jersey) Law 2012, the Marriage and Civil Status (Jersey) Law 2001,
the Civil Partnership (Forms, Registration and Fees) (Jersey) Order 2012 and
the Marriage and Civil Status (Jersey) Order 2018. The amendments are in
response to the Covid‑19 outbreak.
(d) Cremation (Suspension and Modification of
Regulations—Covid-19) (No 2) (Jersey) Regulations 2020
(R&O.74/2020—in
force 27.5.2020)
These Regulations modify the Cremation (Jersey)
Regulations 1961 so as to suspend the requirement for a medical practitioner
certifying the cause of death to have attended the deceased during the
deceased’s last illness. The modification would have effect only for the
purposes of dealing with the current coronavirus epidemic. The Regulations
expire on 30 September 2020.
(e) Covid-19 (Safe Distancing) (Jersey) Regulations 2020
(R&O.76/2020—in
force 28.5.2020)
These Regulations create an offence of wilfully failing to comply with the direction of a police
officer to cease to gather at less than 2 metres with someone who is from
another household. These Regulations expire on 30th September 2020.
(f) Covid-19 (Civil Partnership and Marriage No
2) (Jersey) Regulations 2020
(R&O.83/2020—in
force 17.6.2020)
These Regulations temporarily amend the Civil
Partnership (Jersey) Law 2012, the Marriage and Civil Status (Jersey) Law 2001,
the Civil Partnership (Approved Premises) (Jersey) Order 2012 and the Marriage
and Civil Status (Jersey) Order 2018. The amendments are in response to the
Covid-19 outbreak and add to amendments made by the Covid-19 (Civil Partnership
and Marriage) (Jersey) Regulations 2020.
(g) Air Navigation (Rules of the Air) (Amendment
No 2) (Jersey) Regulations 2020
(R&O.84/2020—in
force 23.6.2020)
These Regulations amend the Jersey Rules of the Air
2017 (the “Rules of the Air”) set out in the Schedule to the Air
Navigation (Rules of the Air) (Jersey) Regulations 2017 to expand the
definition of the term “safety-sensitive personnel” in line with
current international standards so that in addition to a crew member, aircraft
maintenance personnel and air traffic controller, it includes aerodrome
operations personnel, rescue, fire-fighting and maintenance personnel and
personnel allowed unescorted access to the movement area of an aerodrome.
(h) Covid-19 (Rates) (Jersey) Regulations 2020
(R&O.95/2020—in
force 15.7.2020)
These Regulations reduce the amount to be levied in
2020 by way of the Island-wide rate under the Rates (Jersey) Law 2005 to the
amount levied in 2019. The amount levied in 2021 (and in subsequent years) is
not affected by this change.
(i) Covid-19 (Control of Testing) (Jersey)
Regulations 2020
(R&O.96/2020—in
force 15.7.2020)
These Regulations provide for the inspection and
regulation of Covid-19 private testing services. The Medical Officer of Health
will set and publish standards which providers of such services are required to
comply with. If an inspection reveals that a provider has failed to comply with
the standards, or the testing service presents a health risk to the public or
individuals, the Minister for Health and Social Services will request the Chief
Minister to consider exercising powers under the Control of Housing and Work
(Jersey) Law 2012 to revoke the provider’s business licence or to require
cessation of activities.
(j) Road Traffic (No 64) (Jersey) Regulations
2020
(R&O.97/2020—in
force 21.7.2020)
These Regulations amend the Road Traffic (Jersey) Law 1956,
mainly by (a) broadening the circumstances in which a child under the age of 14
years is required to wear a seat belt appropriate for the child’s age,
and (b) introducing a requirement for passengers in buses and coaches equipped
with seat belts to be notified that such seatbelts must be worn.
(k) Public Employees (Contributory Retirement
Scheme) (Miscellaneous Amendments) (No 2) (Jersey) Regulations 2020
(R&O.98/2020—in
force 21.7.2020)
These Regulations amend the 4 sets of Regulations
which underpin the Public Employees Contributory Retirement Scheme (the
“PECRS”) so that the maximum amount of any small pension accrued in
the PECRS which may be exchanged in favour of a tax free lump sum, is
automatically pegged to the amounts specified in art 131CE (permitted
commutation—trivial pension) the Income Tax (Jersey) Law.
(l) Public Employees (Pension Scheme)
(Miscellaneous Amendments) (No 2) (Jersey) Regulations 2020
(R&O.99/2020—in
force 21.7.2020)
These Regulations make miscellaneous updating and
housekeeping amendments to the Public Employees (Pension Scheme) (Funding and
Valuation) (Jersey) Regulations 2015; the Public Employees (Pension Scheme)
(Membership and Benefits) (Jersey) Regulations 2015; and the Public Employees
(Pension Scheme) (Transitional Provisions, Savings and Consequential
Amendments) (Jersey) Regulations 2015.
(m) Limited Partnerships (Continuance) (Jersey)
Regulations 2020
(R&O.100/2020—in
force 17.7.2020)
These Regulations make provision for an eligible
foreign limited partnership (defined as a limited partnership, without legal
personality, formed outside Jersey) to continue as a limited partnership within
Jersey if certain requirements are met.
5. OTHER SUBORDINATE LEGISLATION OF
NOTE
(a) Covid-19 (Restricted Movement)
(Amendment—Exceptions) (Jersey) Order 2020
(R&O.56/2020—in
force 2.5.2020)
This Order amends the Covid-19 (Restricted
Movement) (Jersey) Order 2020. It adds a further exception from the
requirement, in the Covid-19 (Screening, Assessment and Isolation) (Jersey)
Regulations 2020, not to go to or remain in a public place.
The
exception is for a person who is in a public place for the purpose of taking a
period of absence of up to 4 hours from that person’s home. The period of
absence can be taken as one continuous period, or as more than one period as
long as the total in any one day does not exceed 4 hours. The exception does
not require the entire period of absence to be spent in public places.
The
exception applies only if the person remains, while in a public place, at least
2 metres away from anyone who resides in a different home. The exception
requires the period of absence to be spent outdoors or in shops or other
business premises rather than in any other buildings. The exception is not
needed by a person who is already covered by any of the other existing
exceptions in the amended Order, or who has a reasonable excuse for going to or
remaining in a public place.
(b) Covid-19 (Restricted Trading) (Jersey) Order 2020
(R&O.57/2020—in
force 2.5.2020)
This Order restricts trading for certain business premises for
a specified period under the Covid-19 (Restricted Trading) (Jersey) Regulations
2020.
(c) Covid-19 (Construction Work) (Amendment—Extension)
(Jersey) Order 2020
(R&O.59/2020—in
force 11.5.2020)
This Order amends the Covid-19 (Construction Work) (Jersey)
Order 2020 to extend that Order’s restriction period so that it ends at
the end of Sunday 24 May 2020, rather than at the end of the period of
restricted movement declared by the Covid-19 (Restricted Movement) (Jersey)
Order 2020.
(d) Covid-19 (Restricted Movement)
(Amendment—Exceptions, Public Places and Third Extension) (Jersey) Order
2020
(R&O.60/2020—in
force 11.5.2020)
This Order amends the Covid-19 (Restricted Movement) (Jersey)
Order 2020. It extends the period of restricted movement under that Order until
the end of Wednesday 20 May 2020. It extends the time allowed under the
exception for being outdoors from 4 hours per day to 6 hours per day.
It
also provides that if a place would otherwise be treated as public, it is
instead to be treated as not being a public place if it falls within the
definition of “business premises” in the Covid-19 (Restricted
Trading) (Jersey) Regulations 2020 (and is not closed to the public by an Order
under those Regulations).
(e) Covid-19 (Restricted Trading) (Amendment) (Jersey) Order
2020
(R&O.61/2020—in
force 11.5.2020)
This Order amends the Covid-19 (Restricted Trading) (Jersey)
Order 2020, which restricts trading for certain business premises for a
specified period under the Covid‑19 (Restricted Trading) (Jersey)
Regulations 2020. The Order extends the end date for the period of restricted
trading, with the effect that the period of restricted trading will end at the
end of Sunday 24 May 2020.
The
Order also removes certain types of business premises from the list of premises
that must be closed to members of the public and adds certain business premises
to the list of types of business premises that may open for a specified
purpose.
(f) Covid-19 (Restricted Trading) (Amendment No 2) (Jersey)
Order 2020
(R&O.64/2020—in
force 18.5.2020)
This Order amends the Covid-19 (Restricted Trading) (Jersey)
Order 2020 which currently restricts trading for certain business premises
until the end of Sunday 24 May 2020 under the Covid-19 (Restricted Trading)
(Jersey) Regulations 2020.
(g) Covid-19 (Workplace Restrictions) (Jersey) Order 2020
(R&O.67/2020—in
force 21.5.2020)
This Order restricts the opening of certain workplaces for a
specified period under the Covid-19 (Workplace Restrictions) (Jersey)
Regulations 2020. The Order also provides for the start and end of the
restriction period during which the provisions of the Order apply. The period
starts on the commencement of the Order and ends at midnight on Wednesday 3
June 2020, a period of 14 days.
(h) Covid-19 (Restricted Movement)
(Amendment—Workplaces and Fourth Extension) (Jersey) Order 2020
(R&O.68/2020—in
force 21.5.2020)
This Order amends the Covid-19 (Restricted Movement) (Jersey)
Order 2020. The amendment extends, for the fourth time, the period of
restricted movement under that Order so that it ends at the end of Thursday 28 May
2020 (instead of Wednesday 20 May 2020).
(i) Covid-19 (Construction Work) (Amendment—Exemptions
and Second Extension) (Jersey) Order 2020
(R&O.72/2020—in
force 25.5.2020)
This Order amends the Covid-19 (Construction Work) (Jersey)
Order 2020 to extend the restriction period to the end of Sunday 7 June 2020,
and to provide an exemption for work undertaken as the holder of a licence under the Health and Safety at Work
(Asbestos—Licensing) (Jersey) Regulations 2008 (or by an employee of the
holder).
(j) Covid-19 (Construction Work—Third Extension and
Workplace Restrictions—First Extension) (Jersey) Order 2020
(R&O.79/2020—in
force 4.6.2020)
This Order extends the restriction periods of the Covid‑19
(Construction Work) (Jersey) Order 2020 and the Covid‑19 (Workplace
Restrictions) (Jersey) Order 2020 to Friday 12 June 2020.
(k) Covid-19 (Construction and
Workplace—Amendments and Further Extensions) (Jersey) Order 2020
(R&O.82/2020—in
force 12.6.2020)
This Order amends the Covid-19 (Construction Work) (Jersey)
Order 2020 and the Covid-19 (Workplace Restrictions) (Jersey) Order 2020. It
extends the restriction periods in both those Orders to end at the end of
Thursday 25 June 2020.
It
amends the exemptions in the Covid-19 (Construction Work) (Jersey) Order 2020
for work by 2 individuals or necessary emergency repair or maintenance. The
amendments remove the requirement to maintain a distance of 2 metres from other
persons, and the limitations as to who else is present at the site.
It
amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020 as follows. It
amends the list of workplaces that must be closed and the list of workplaces
that can open only for particular purposes. It also adds a general exception
for working in another person’s private dwelling (or vehicle or vessel)
regardless of whether the worker works with, or has physical contact with, any
other person.
(l) Covid-19 (Safe Distancing—Suspension)
(Jersey) Order 2020
(R&O.88/2020—in
force 26.6.2020)
This Order is made under Regulation 6(4) of the Covid‑19
(Safe Distancing) (Jersey) Regulations 2020, to suspend indefinitely the effect
of Regulations 2(2) and 3(1) of those Regulations. The suspended provisions
contain the only criminal offences in the Regulations, and the effect of the suspension
is that there is no criminal sanction in respect of breaches of safe distancing
under the Regulations. The suspension is for an indefinite period, so it lasts
until this Order is repealed. But the Regulations themselves expire on 30
September 2020 (unless further Regulations amend that date), so the offences
will fall away on that date in any case.
(m) Covid-19 (Workplace Restrictions—Third
Extension) (Jersey) Order 2020
(R&O.89/2020—in
force 26.6.2020)
This Order amends the Covid-19 (Workplace Restrictions)
(Jersey) Order 2020 to extend the restriction period in that Order to end at
the end of Thursday 9 July 2020.
(n) Covid-19 (Workplace Restrictions) (Amendment
No 2) (Jersey) Order 2020
(R&O.90/2020—in
force 1.7.2020)
This Order further amends the Covid-19 (Workplace
Restrictions) (Jersey) Order 2020 so as to—
(a) remove
the restriction relating to indoor trampolines;
(b) remove
the restriction on the opening of boarding houses, caravan parks, camping
grounds and hostels as well as commercial accommodation;
(c) reduce
the restriction on premises selling intoxicating liquor to consume on the
premises to requiring only that persons consume the liquor in an area where
they are required to be seated; and
(d) reduce
the restriction on opening in relation to nightclubs to allow their opening in
accordance with a licence other than an Entertainment Licence.
The opportunity has also been taken to remove some
clarifying provisions that are now redundant since the scope of the
restrictions imposed by the Order has been reduced.
(o) Covid-19 (Workplace Fourth Extension and
Construction Repeal) (Jersey) Order 2020
(R&O.92/2020—in
force 10.7.2020)
This Order extends the period of restricted opening of
workplaces under the Covid-19 (Workplace Restrictions) (Jersey) Order 2020 to
the end of Thursday 23 July 2020. It also repeals the Covid-19 (Construction
Work) (Jersey) Order 2020 (which no longer has any legal effect because its
restriction period expired at the end of Thursday 25 June 2020).
(o) Covid-19 (Workplace—Fifth Extension)
(Jersey) Order 2020
(R&O.101/2020—in
force 24.7.2020)
This amends the Covid-19 (Workplace Restrictions)
(Jersey) Order 2020, to extend the restriction period to end at the end of
Thursday 6 August 2020.
(p) Covid-19 (Workplace—Sixth Extension)
(Jersey) Order 2020
(R&O.103/2020—in
force 7.8.2020)
This Order amends the Covid-19 (Workplace
Restrictions) (Jersey) Order 2020, to extend the restriction period to end at
the end of Thursday 20 August 2020.
(q) Covid-19 (Workplace—Seventh Extension)
(Jersey) Order 2020
(R&O.107/2020—in
force 21.8.2020)
This Order amends the Covid-19 (Workplace
Restrictions) (Jersey) Order 2020, to extend the restriction period to end at
the end of Thursday 3 September 2020.
6.
RULES OF COURT
None.
BAILIWICK OF GUERNSEY
1 May–31 August 2020
A. GUERNSEY
1. LAWS APPROVED BY THE STATES OF DELIBERATION
(a) Reform (Guernsey) (Amendment) Law 2020
(Urgent
Proposition to the States of Deliberation, 21.05.2020. Approved
21.05.20)
This Law amends the Reform (Guernsey) Law 1948
(“the Reform Law”). It amends references to the date of the general
election from 2020 to 2021, and creates a power for the States by Ordinance to
modify the application of art 29 and any other provision of Part IV of the
Reform Law from time to time, for the purpose of enabling a general election to
be held at a time other than as provided for in para (1) of art 29. Inserted
art 29(5) provides that the provisions of art 3(5) of the Reform Law apply in
relation to such an Ordinance as they apply to a Projet de Loi intended to repeal or vary any of
the provisions of the Reform Law (mirroring a requirement in respect of an
existing power to amend by Ordinance at art 20H). The art 3(5) requirements
include a requirement for a two-thirds majority of members present and voting
for the approval of the Ordinance to be effective immediately.
It
also amends the Reform Law to provide that no by-election shall be held if a
casual vacancy in the office of Deputy occurs before the 2021 General Election.
This amendment shall cease to have effect on 1 January 2022, to avoid this
provision of time-bound application being permanently on the face of the
statute book.
The
Law repeals s 1 of the States (Reform) Law 2015, which provides that a
person elected to the office of People’s Deputy at the 2016 general
election or a by-election thereafter shall retire from office on 30 June 2020.
(b) Alderney Property Tax (Enabling Provisions)
Law 2020
(Billet d’État
No XI of 2020. Approved 22.05.20)
This Law is closely based on the Taxation of Real
Property (Enabling Provisions) (Guernsey and Alderney) Law 2005, and empowers
the States of Alderney by Ordinance to make provision in relation to the
taxation of real property in Alderney. The new tax will be called
“Alderney property tax”.
Alderney
property tax will be based (so far as assessment, liability, administration and
collection are concerned) on Guernsey’s current taxation of real property
regime (“TRP”), which will continue to have effect in Alderney but
will from 1 January 2021 be levied at a zero rate. Alderney property tax will
also replace Alderney occupiers’ rate, currently levied by Alderney
Ordinance under the Alderney (Application of Legislation) Law 1948.
The
Law empowers the States of Alderney by Ordinance to make such provision as they
think fit in relation to the taxation of real property in Alderney; defines
“Alderney property tax” and “real property”; and lists
the specific matters in relation to which an Ordinance under the Law may make
provision.
Examples
are the rates of, and the allowances, discounts and deductions in respect of,
Alderney property tax; the times at which, the periods in respect of which, and
the manner in which, Alderney property tax is payable; the classes,
descriptions and categories of real property subject to Alderney property tax;
the persons liable to pay Alderney property tax, and the persons excepted or
exempted from liability; and appeals in relation to the calculation, assessment
and levying of Alderney property tax and the valuation, measurement, assessment
and categorisation of real property.
(c) Human Tissue and Transplantation (Bailiwick
of Guernsey) Law 2020
(Billet d’État
No XI of 2020. Approved 22.05.20)
This Law authorises a
transplantation activity or the removal of human tissue from the body of a
deceased person, or removal of the body of a deceased person, for a teaching,
research or therapeutic purpose (“a regulated activity”) if the
activity is carried out with express or deemed consent.
The Law prohibits the removal of human
tissue from the body of a deceased person for a transplantation activity or a
teaching, research or therapeutic purpose unless the person removing the tissue
is a registered medical practitioner, two registered medical practitioners have
certified that life is extinct and an authorised person has certified that
there is express or deemed consent for the relevant activity or purpose.
It also authorises the controller of a
hospital or other institution to take steps to preserve the body or human
tissue for use for transplantation unless and until it is clear that there is
no express or deemed consent for transplantation.
Part III deals with the giving of express
consent for a regulated activity and sets out circumstances in which consent
for the activity is deemed to have been given. Part IV deals with offences and
penalties under the Law.
Post-mortem examinations, inquests and
related activities are excluded from the application of the Law.
(d) Sexual Offences (Bailiwick of Guernsey) Law
2020
(Billet d’État
No XIII of 2020. Approved 17.06.20)
This Law introduces new sexual offences broadly based
on those contained in the Sexual Offences Act 2003 of England and Wales.
Chapters
I and 2 provide key definitions for the purposes of Part I, and define
“consent”, introducing evidential and conclusive presumptions where
consent is not deemed to have been given in specific circumstances.
Chapter
IV introduces four new non-consensual offences: rape, assault by penetration,
sexual assault, and sexual coercion. Conviction of any of these offences would
require the prosecution to prove that the victim did not consent and that the
offender did not reasonably believe that the victim consented. By contrast,
Chapter V (Non-consensual offences against children under 13) makes it a strict
liability offence for an offender to commit any of the offences in Chapter IV
where the victim is aged under 13.
Chapter
VI lists the sex offences which can be committed against children under 16:
sexual touching of a child, causing or inciting a child to engage in sexual
activity, engaging in sexual activity in the presence of a child, and causing a
child to watch sexual activity. That Chapter also introduces further offences
of sexual communication with a child, grooming for sexual conduct with a child
and meeting a child following communication. Chapter XIII introduces offences
in relation to the sexual exploitation of children, while Chapter XIV
criminalises the possession of “prohibited items”, including child
sex dolls.
Chapter
VII (Familial child sex offences) criminalises sexual touching of a family
member under 18 or inciting a family member under 18 to engage in sexual
touching. Chapter XVIII criminalises sexual penetration of, and consenting to
sexual penetration by, an adult relative.
Chapters
VIII, IX X and XI introduces the basic offences in relation to adults who are
in positions of trust over children who are 16 or 17, to careworkers
against persons with a mental disorder, against persons with a mental disorder
impeding choice and to persons using improper means in relation to persons with
a mental disorder. Chapter XII introduces the offence of disclosing private
sexual photographs and films with intent to cause distress (also described as
“revenge porn”).
Chapter
XV criminalises causing, inciting, or controlling prostitution and soliciting a
person’s sexual services as a prostitute or paying for the sexual
services of a prostitute subject to exploitation. Chapter XVI criminalises
trafficking of people for sexual exploitation (in any part of the world) and
allows the detention or forfeiture of a relevant vehicle used for the purposes
of trafficking.
Chapter
XVII criminalises preparatory conduct and Chapter XIX introduces offences of
voyeurism and voyeurism towards a child under 16.
Part
II (Protection of children) is essentially a re-enactment of the Protection of
Children (Bailiwick of Guernsey) Law 1985 with relevant updates.
(e) Regulation of Fiduciaries, Administration
Businesses and Company Directors, etc (Bailiwick of Guernsey) Law 2020
(Billet d’État
No XVII of 2020. Approved 18.08.20)
This Law repeals and
replaces the Regulation of Fiduciaries, Administration Businesses and Company
Directors, etc (Bailiwick of Guernsey) Law 2000 (“the 2000 Law”),
as amended, but with the enforcement provisions largely being transferred to
the Financial Services Business (Enforcement Powers) (Bailiwick of Guernsey)
Law 2020.
The Law is part of a major legislative
project by which the five principal Laws dealing with the regulation of
financial services business in the Bailiwick of Guernsey, namely the Protection
of Investors (Bailiwick of Guernsey) Law 1987, the Banking Supervision
(Bailiwick of Guernsey) Law 1994, the Regulation of Fiduciaries, Administration
Businesses and Company Directors, etc (Bailiwick of Guernsey) Law 2000, the
Insurance Business (Bailiwick of Guernsey) Law 2002, and the Insurance Managers
and Insurance Intermediaries (Bailiwick of Guernsey) Law 2002 (all of which
have been amended on numerous occasions), will be replaced by new Laws, or, in
the case of the Insurance Business (Bailiwick of Guernsey) Law 2002 and the
Insurance Managers and Insurance Intermediaries (Bailiwick of Guernsey) Law
2002, amended by Ordinance under the Ordinance-making powers set out in those
two Laws.
As well as consolidating the previous
heavily amended enactments, the four principal objectives described in the
first Policy Letter directing the preparation of the legislation (see para
1.1.8(b) on p. 2717 of Billet d’État No XVIII of 2015) are: to ensure
compliance with international and EU standards (including the new MiFID regime
(Markets in Financial Instruments Directive)); to create efficiencies and
ensure effective supervision; to eliminate unjustified inconsistencies by
ensuring consistency of text, process and procedure across the regulatory
enforcement field, except to the extent necessary to take account of the
differing supervisory needs of the individual financial sectors; and to support
industry and “future proof” the legislative regime.
In addition, the powers within the five
principal Laws and also in the Financial Services Commission (Bailiwick of
Guernsey) Law 1987 dealing with enforcement, sanctions and penalties (criminal,
civil and administrative), have largely been moved to a single enforcement
powers Law (the Financial Services Business (Enforcement Powers) (Bailiwick of
Guernsey) Law 2020). This will ameliorate the legal and administrative burden
on the regulator, the Guernsey Financial Services Commission, in having to
operate five enforcement regimes across the different Laws which over the years
had become increasingly divergent, often in mere points of detail.
The revisions have also enabled the text of
the five principal Laws to be updated and brought into alignment with the more
recent regulatory Laws.
(f) Protection of Investors (Bailiwick of
Guernsey) Law 2020
(Billet d’État
No XVII of 2020. Approved 18.08.20)
This Law repeals and
replaces the Protection of Investors (Bailiwick of Guernsey) Law 1987, as
amended, but with the enforcement provisions largely being transferred to the
Financial Services Business (Enforcement Powers) (Bailiwick of Guernsey) Law
2020.
(g) Financial Services Business (Enforcement
Powers) (Bailiwick of Guernsey) Law 2020
(Billet d’État
No XVII of 2020. Approved 18.08.20)
This
Law makes provision in respect of—
(a) the
enforcement by the Guernsey Financial Services Commission of the provisions of
this Law, the Financial Services Commission (Bailiwick of Guernsey) Law 1987
and the supervisory Laws (the Regulation of Fiduciaries, Administration
Businesses and Company Directors, etc (Bailiwick of Guernsey) Law 2020, the
Protection of Investors (Bailiwick of Guernsey) Law 2020 and the Banking
Supervision (Bailiwick of Guernsey) Law 2020, the Insurance Business (Bailiwick
of Guernsey) Law 2002 and the Insurance Managers and Insurance Intermediaries
(Bailiwick of Guernsey) Law 2002). The Law also subsumes the provisions of the
Financial Services Commission Law relating to enforcement and the provisions of
the Protection of Investors (Administration and Intervention) (Bailiwick of
Guernsey) Ordinance 2008,
(b) the
detection, investigation, prosecution and sanctioning (civil, criminal and
administrative) of contraventions of the provisions of this Law, the Financial
Services Commission Law and the supervisory Laws by persons carrying on
regulated business, licensees and others, and
(c) all
other matters included therein,
thus ensuring so far as possible consistency and
standardisation of the Commission’s enforcement and investigative powers,
obligations, liabilities, remedies, offences, penalties, sanctions and other
consequences (criminal, civil and administrative) by placing them in a single
enactment applicable across all regulated sectors of the finance industry,
namely banking, investment, fiduciaries and insurance.
(h) Banking Supervision (Bailiwick of Guernsey)
Law 2020
(Billet d’État
No XVII of 2020. Approved 18.08.20)
This Law repeals and
replaces the Banking Supervision (Bailiwick of Guernsey) Law 1994, as amended,
but with the enforcement provisions largely being transferred to the Financial
Services Business (Enforcement Powers) (Bailiwick of Guernsey) Law 2020.
2.
ORDINANCES APPROVED BY THE STATES OF DELIBERATION
(a) Banking Deposit Compensation Scheme
(Bailiwick of Guernsey) (Amendment) Ordinance 2020
(Billet d’État
No XI of 2020. Approved 21.05.20—in force 21.05.20)
This Ordinance amends the Banking Deposit Compensation
Scheme (Bailiwick of Guernsey) Ordinance 2008. It confirms that members of the
Guernsey Banking Deposit Compensation Board hold and vacate office in
accordance with their terms and conditions of appointment, which may also
stipulate a notice period. It also allows for negative interest rates;
increases the existing aggregate payment cap from £1,000,000 to
£2,000,000 in any calendar year and removes the 3 years profits cap;
changes the payment timescales for compensation levies by participant banks;
clarifies that each participant bank’s duty to co-operate includes the
provision of personal data; and explicitly requires participant banks to provide
data promptly to the Board.
(b) Population Management (Guernsey) (Amendment)
Law 2019 (Commencement) Ordinance 2020
(Billet
d’État No XI of 2020. Approved
22.05.20—in force 22.05.20)
This Ordinance commences the Population Management
(Guernsey) (Amendment) Law 2019, bringing it into force on the 22 May 2020.
(c) Machinery of Government (Transfer of
Functions) Ordinance 2020
(Billet d’État
No XI of 2020. Approved 22.05.20—in force 01.06.20)
Section 1 of this Ordinance transfers to the Committee
for Health & Social Care the functions of the Committee for Employment
& Social Security relating to (i) health service benefits provided under
the Health Service (Benefit) (Guernsey) Law 1990, and (ii) travelling allowance
grant under the Social Insurance (Guernsey) Law 1978. Sections 2 to 4 make
related provision in relation to the consequent amendment of statutory
references, relevant things done or in the process of being done before the
Ordinance comes into force, and subordinate legislation. Section 5 makes appropriate
alternative provision in respect of the one relevant provision in the Health
Service (Benefit) (Guernsey) Law 1990 where specific provision is necessary.
Section 6 sets out what are effectively consequential amendments to the Social
Insurance (Guernsey) Law 1978 that flow from the transfer of functions made in
respect of travelling allowance grant, in relation to associated regulation
making powers. Section 7 amends the Alderney (Application of Legislation)
(Health Service) (Benefit) Ordinance 1990 to provide for amendments to the
Health Service (Benefit) (Guernsey) Law 1990 to automatically extend to
Alderney.
(d) Pilotage (Amendment) Ordinance 2020
(Billet d’État
No XI of 2020. Approved 22.05.20—in force 22.05.20)
This Ordinance amends the Pilotage Ordinance 1967
(“the 1967 Ordinance”) to require pilots to produce medical
certificates which comply with UK Merchant Shipping Notice 1886 (which deals
with Seafarer’s medical reports and certificates), and to remove the
requirement for general pilots to retire when they reach the age of 65. That
latter amendment provides for general pilots to elect to retire at 65, or to do
so at a later age provided that they continue to hold a valid medical
certificate which complies with the requirements of s 12 of the 1967
Ordinance.
(e) Taxation of Real Property (Guernsey and
Alderney) (Amendment) Ordinance 2020
(Billet d’État
No XI of 2020. Approved 22.05.20—in force 22.05.20)
This Ordinance amends the
Taxation of Real Property (Guernsey and Alderney) Ordinance 2007 by a number of
technical revisions concerning, but not limited to, assessment methods, appeals
and the definition of certain words and phrases to assist with its application.
(f) Income Tax (Independent Taxation) (Guernsey) (Amendment) Ordinance 2020
(Billet d’État
No XIII of 2020. Approved 17.06.20—in force on a day to be appointed by
Regulations with the exception of ss 6 and 7 which
shall come into force on the 01.01.21)
This Ordinance further amends the Income Tax
(Guernsey) Law 1975 to provide that, in the case of married persons, each
individual’s income and entitlement to allowances will be assessed
independently and separately, thereby terminating the historic position that
the income of the wife was considered to be the income of the husband except in
certain situations (e.g., where separate assessment had been expressly
requested). The same principle of independent and separate assessment will
apply to the parties to same sex marriages and same sex and opposite sex civil
partnerships. It is not proposed to depart from the principle that the unused
personal tax allowances of one party to the marriage or civil partnership may
be transferred to the other party (a matter currently dealt with by resolution
of the States under s 36 of the Income Tax Law).
(g) Income Tax (Guernsey) (Approval of Agreement
with Anguilla) Ordinance 2020
(Billet d’État
No XIII of 2020. Approved 17.06.20—in force 01.08.20)
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 Arrangement between the States of Guernsey and the
Government of Anguilla on the Exchange of Information relating to Tax Matters
signed in Guernsey on 13 February 2020 and in Anguilla on 19 February 2020.
(h) Elections Ordinance 2020
(Urgent
Proposition to the States of Deliberation, 01.07.20. Approved
01.07.20—in force 01.07.20)
This Ordinance sets the date of the 2020 general
election as 7 October and also provides that a general election shall be held
in April 2025 (s 1). Section 1 also contains modifications to art 29 of
the Reform (Guernsey) Law 1948 (and several other provisions of Part IV of that
Law) necessary to facilitate the holding of the general election on 7 October,
and to provide for a general election to be held in April 2025. Those
modifications are made in exercise of the Ordinance-making power inserted into
art 29 by the Reform (Guernsey) (Amendment) Law 2020.
Section
2 of the Ordinance provides that the electoral roll shall be closed on 21
August in relation to the 2020 general election.
(i) Electoral Expenditure Ordinance 2020
(Urgent
Proposition to the States of Deliberation, 01.07.20. Approved
01.07.20—in force 01.07.20)
This Ordinance makes provision in respect of
expenditure by candidates and political parties at the 2020 general election.
(j) Postal Voting (Amendment) Ordinance 2020
(Urgent
Proposition to the States of Deliberation, 01.07.20. Approved
01.07.20—in force 01.07.20)
This Ordinance amends the provisions of the Reform
(Amendment) (Guernsey) Law 1972 (“the 1972 Law”) relating to postal
voting, so as to—
(a) reflect
changes to the Reform (Guernsey) Law 1948 made by the Reform (Guernsey)
(Amendment) (No 2) Law 2019 (“the Amendment (No 2) Law”) to provide
for Island Wide Voting (for example, the move to one electoral district);
(b) provide
that for the 2020 general election, applications for a postal vote have to be
made by 25 September;
(c) provide
expressly for the Registrar-General to have power re-issue, and cancel issued,
postal ballot voting packs in certain circumstances (for example, to re-issue
where satisfied that the original documents have been lost or damaged beyond
use);
(d) create
a power (subject to a requirement to consult the Registrar-General) for the
States’ Assembly & Constitution Committee to make regulations
modifying the application of certain sections of the 1972 Law for the purpose
of facilitating the potential introduction of automated processes in the
administration of postal voting in this or subsequent elections; and
(e) make
changes consequential on other changes made by the Amendment (No 2) Law (for
example, deletion of references to the Secret Ballot Law, which Law was
repealed by the Amendment (No 2) Law), and for administrative ease and
flexibility (for example, provision for returned postal votes to be opened by
the Central Returning Officer at any time on the date of the election).
(k) Elections (Nominations and Ballot Papers for
People’s Deputies) Ordinance 2020
(Urgent
Proposition to the States of Deliberation, 01.07.20. Approved
01.07.20—in force 01.07.20)
This Ordinance puts beyond doubt the power of the
Presiding Officer to direct that a form of nomination for the office of
People’s Deputy shall contain a political party declaration, as defined
in s 1(2), and specifies the matters to be set out on the face of the
ballot paper in an election to the office of People’s Deputy.
(l) Advance and Super Polling Station Ordinance 2020
(Urgent
Proposition to the States of Deliberation, 01.07.20. Approved
01.07.20—in force 01.07.20)
This Ordinance establishes St Sampson’s High
School and the Princess Royal Performing Arts Centre as “super” and
“advance” polling stations for the 2020 general election, setting
out the dates in October on which, between 8am and 8pm, a person resident in
any part of the Island may vote there. It also provides for various specified
parochial polling stations to be advance polling stations—that is, to be
open for voting on the day before the date of the election.
(m) Income Tax (Guernsey) (Approval of Agreement
with Finland) Ordinance 2020
(Billet d’État
No XVI of 2020. Approved 18.08.20—in force 21.08.20)
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 Republic of Finland for the Exchange of
Information relating to Tax Matters signed at Helsinki on 28 October 2008, the
Protocol having been signed at Helsinki on 3 April 2020 and in Guernsey on 24
April 2020.
(n) Document Duty (Guernsey) Law 2017
(Amendment) Ordinance 2020
(Billet d’État
No XVI of 2020. Approved 18.08.20—in force 18.08.20)
This Ordinance amends the Document Duty (Guernsey) Law
2017 so as to add two further exemptions to the liability to pay document duty
on a conveyance of real property.
The
first exemption exempts from duty a conveyance of property within a trust where
the vendor or purchaser is a company wholly owned by the trustees (as trustees)
rather than the trustees themselves.
The
second additional exemption removes the liability to document duty of a
transaction between a vendor who is an individual (or a number of individuals)
and a company of which that individual (or those individuals) represents the
entire beneficial ownership of the shares.
(o) Customs and Excise (General Provisions)
(Amendment) Ordinance 2020
(Billet d’État
No XVII of 2020. Approved 18.08.20—in force 01.09.20)
This Ordinance amends the Customs and Excise (General
Provisions) (Bailiwick of Guernsey) Law 1972 to enable the States of Alderney
to specify the rates of excise duty on motor fuel imports into Alderney.
(p) Alderney (Application of Legislation)
(Document Duty) (Amendment) Ordinance 2020
(Billet d’État
No XVII of 2020. Approved 18.08.20—in force 18.08.20)
This Ordinance amends the Document Duty (Guernsey) Law
1973 and the Document Duty Ordinance 2003 to enable the States of Alderney to
prescribe documents and set the rates of document duty on conveyances of
Alderney Property.
(q) Prescription Only Medicines (Human)
(Bailiwick of Guernsey) (Amendment) Ordinance 2020
(Billet d’État
No XVIII of 2020. Approved 25.08.20—in force 28.08.20)
This Ordinance amends the Prescription Only Medicines
(Human) (Bailiwick of Guernsey) Ordinance 2009 to enable a vaccine designated
by the Committee for Health & Social Care (“the Committee”) to
be sold, supplied and administered in the Bailiwick of Guernsey in accordance
with a Patient Group Direction issued under that provision, despite existing
restrictions on the sale, supply and administration of prescription only
medicines. It authorises the Committee to designate any COVID-19 vaccine it
considers appropriate, as long as the vaccine has a recognised marketing
authorisation, or a temporary authority issued under the Human Medicines
Regulations 2012.
It
also authorises the Committee to specify by regulations the classes of persons,
in addition to registered healthcare professionals, allowed to administer the
designated vaccine. A Patient Group Direction for the sale, supply and
administration of the designated vaccine will need to be signed by the Director
of Public Health, in order to have effect.
In
addition, the amendments enable the Committee to carry out or coordinate
vaccination programmes for SARS-CoV-2 and influenza vaccinations and
immunisations using the designated vaccine or other medicinal products, where
necessary.
(r) Long-Term Care Insurance (Guernsey) (Rates) Ordinance 2020
(Billet d’État
No XVI of 2020. Approved 19.08.20—in force 05.10.20)
This Ordinance increases 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 5 October 2020.
(s) Land Planning and Development (Planning
Tribunals) (Modifications) Ordinance 2020
(Billet d’État
No XVI of 2020. Approved 19.08.20—in force 19.08.20)
This Ordinance modifies s 87 of the Land Planning
and Development (Guernsey) Law 2005 relating to the appointment of a Planning
Tribunal to hear and determine a particular planning appeal. It modifies that
section so that a member, who is not a professional member, of the Planning
Panel can be designated to preside over a Planning Tribunal and to allow for a
Planning Panel member, who has been appointed to preside in a Tribunal, to be
replaced if it is not reasonably practicable for the member to travel to
Guernsey.
Such
modifications are permanent but only apply where at either the time of the
designation of the person presiding, or at any time before the final hearing of
the Planning Tribunal, directions or other provisions are in force, or are to
come into force, which prohibit or restrict, or impose conditions on, persons
travelling into or out of Guernsey.
3. ORDINANCES, SUBORDINATE LEGISLATION ETC LAID BEFORE THE STATES OF
DELIBERATION
(a) Emergency
Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 2)
Regulations 2020
(Urgent
Proposition to the States of Deliberation 20.05.2020. Made by the Civil
Contingencies Authority—in force 15.05.20 and laid and approved on
20.05.20)
(b) Emergency
Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 2)
(Amendment) Regulations 2020
(Urgent
Proposition to the States of Deliberation, 03.06.2020. Made by the Civil
Contingencies Authority—in force 30.05.20 and laid and approved on
03.06.20)
(c) Seat Belts (Exemptions) Order 2020
(Billet d’État
No XIII of 2020. Made
by the Committee for Home Affairs—in force 09.03.20 and laid on 17.06.20)
(d) Customs
and Excise (Relief for Hand Sanitiser) (Guernsey and Alderney) Order 2020
(Billet d’État
No XIII of 2020. Made by
the Committee for Home Affairs—in force 02.04.20 and laid on 17.06.20)
(e) Liquor Licensing (Fees) Regulations 2020
(Billet d’État
No XIII of 2020. Made
by the Committee for Home Affairs—in force 01.06.20 and laid on 17.06.20)
(f) Prison (Guernsey) (Amendment) Regulations 2020
(Billet d’État
No XIII of 2020. Made
by the Committee for Home Affairs—in force 01.04.20 and laid on 17.06.20)
(g) Control
of Poisonous Substances (Guernsey) (Amendment) Regulations 2020
(Billet d’État
No XIII of 2020. Made
by the Committee for Employment & Social Security—in force 31.03.20 and laid on 17.06.20)
(h) Driving Licences (Amendment) Regulations
2020
(Billet d’État
No XIII of 2020. Made
by the Committee for the Environment & Infrastructure—in force
09.04.20 and laid on 17.06.20)
(i) Health Service (Benefit) (Limited List)
(Pharmaceutical Benefit) (Amendment No 2) Regulations 2020
(Billet d’État
No XIII of 2020. Made
by the Committee for Employment & Social Security—in force 30.04.20 and laid on 17.06.20)
(j) Emergency Powers (Coronavirus) (General
Provision) (Bailiwick of Guernsey) (No 3) Regulations 2020
(Urgent
Proposition to the States of Deliberation, 17.06.2020. Made by the Civil
Contingencies Authority—in force 13.06.20 and laid and approved on
17.06.20)
(k) Emergency
Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 3)
(Amendment) Regulations 2020
(Urgent
Proposition to the States of Deliberation, 24.06.2020. Made by the Civil
Contingencies Authority—in force 20.06.20 and laid and approved on
24.06.20)
(l) Emergency Powers (Coronavirus) (General
Provision) (Bailiwick of Guernsey) (No 4) Regulations 2020
(Urgent
Proposition to the States of Deliberation, 15.07.2020. Made by the Civil
Contingencies Authority—in force 10.07.20 and laid and approved on 15.07.2020)
(m) Liquor Licensing (Renewal of Date and Fees)
Ordinance 2020
(Billet d’État
No XV of 2020. Made
by the Policy & Resources Committee—in force 27.05.20 and laid on
15.07.20)
(n) Emergency
Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 5)
Regulations 2020
(Urgent
Proposition to the States of Deliberation, 18.08.2020. Made by the Civil
Contingencies Authority—in force 07.08.20 and laid and approved on
18.08.20)
(o) Emergency
Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 5)
(Amendment) Regulations 2020
(Urgent
Proposition to the States of Deliberation, 18.08.2020. Made by the Civil
Contingencies Authority—in force 17.08.20 and laid and approved on
18.08.20)
(p) Driving Licences (Guernsey) (Amendment)
Ordinance 2020
(Billet d’État
No XVIII of 2020. Made
by the Policy & Resources Committee—in force 22.07.20 and laid on
18.08.20)
(q) Emergency
Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 4)
(Amendment) Regulations 2020
(Billet d’État
No XVIII of 2020. Made
by the Civil Contingencies Authority—in force 23.07.20 and laid on
18.08.20)
(r) Polling
Stations (Hours of Opening) (Revocation) Regulations 2020
(Billet d’État
No XVIII of 2020. Made
by the States’ Assembly & Constitution Committee—in force
02.06.20 and laid on 18.08.20)
(s) Polling Stations (Hours of Opening) (No 2)
Regulations 2020
(Billet d’État
No XVIII of 2020. Made
by the States’ Assembly & Constitution Committee—in force
21.07.20 and laid on 18.08.20)
(t) Limited Partnerships (Fees) Regulations 2020
(Billet d’État
No XVIII of 2020. Made
by the Committee for Economic Development—in force 30.07.20 and laid on
18.08.20)
(u) Limited Partnerships (Guernsey) (Migration)
Regulations 2020
(Billet d’État
No XVIII of 2020. Made
by the Committee for Economic Development—in force 30.07.20 and laid on
18.08.20)
(v) Prison (Guernsey) (Amendment) (No 2)
Regulations 2020
(Billet d’État
No XVIII of 2020. Made
by the Committee for Home Affairs—in force 14.04.20 and laid on 18.08.20)
(w) Severe
Disability and Carer’s Allowance (Guernsey) (Amendment) Law 2019
(Commencement) Regulations 2020
(Billet d’État
No XVIII of 2020. Made
by the Committee for Employment & Social Security—in force 20.04.20
and laid on 18.08.20)
(x) Electoral Roll (Availability) Rules 2020
(Billet d’État
No XVIII of 2020. Made
by the Committee for Home Affairs—in force 06.08.20 and laid on 18.08.20)
(y) Postal Voting Regulations 2020
(Billet d’État
No XVIII of 2020. Made
by the States’ Assembly & Constitution Committee—in force
10.08.20 and laid on 18.08.20)
4. LAWS, ORDERS IN COUNCIL, ETC REGISTERED IN THE ROYAL COURT OF
GUERNSEY
(a) Reform (Guernsey) (Amendment) Law 2020
(Urgent
Proposition to the States of Deliberation, 21.05.2020—registered
29.06.20. In force 29.06.20)
5. SARK ORDINANCES
CONSIDERED BY THE ROYAL COURT UNDER S 39(1) OF THE REFORM (SARK) LAW 2008
(a) Same-Sex
Marriage (Consequential and Miscellaneous Amendments and Contrary Provisions)
(Sark)) Ordinance 2020
(In
force 23.04.20—placed before the Private Court on 05.06.20)
(b) Same-Sex
Marriage (Sark) Law 2019 (Commencement) Ordinance 2020
(In
force 22.04.20—placed before the Private Court on 05.06.20)
(c) Education
(Sark) (Amendment) Ordinance 2020
(In
force 08.07.20—placed before the Private Court on 30.07.20)
(d) Reform
(Election of Conseillers) (By-Election) (Sark) (No 2)
Ordinance 2020
(In
force 15.07.20—placed before the Private Court on 30.07.20)
6. RULES OF COURT
None during this
period under review.