SUMMARY OF LEGISLATION
BAILIWICK OF JERSEY
1 May–31 August
2021
1. LAWS ADOPTED
BY THE STATES
(a) States of Jersey (Amendment No 9) Law 202-1
(P.3/2021—adopted in 3rd reading, 23.3.2021)
This Law amends
the States of Jersey Law 2005 to make provision for parliamentary privilege and
connected purposes.
(b) Termination
of Pregnancy (Amendment No 2) (Jersey)
Law 202-2
(P.8/2021—adopted in 3rd reading, 23.3.2021)
This Law amends
the Termination of Pregnancy (Jersey) Law 1997 in order to remove the 7-day
minimum waiting period between the first and second medical consultations for a
pregnant woman seeking a termination.
(c) States of Jersey
Police Force (Amendment No 3)
(Jersey) Law 202-
(P.10/2021 (re-issue)—adopted in 3rd reading,
11.5.2021)
This Law amends
the States of Jersey Police Force Law 2012 to realign the governance powers and
duties of the Minister, the Jersey Police Authority and the Chief Officer;
change the membership of the Police Authority; require regular inspection of
the States Police Force and also require the Annual Policing Plan to cover four
years, rather than one.
(d) Legislation (Jersey) Law 202-
(P.26/2021—adopted in 3rd reading, 12.5.2021)
This Law will
bring together and supplement provisions covering the making, commencement and repeal of legislation; its
consolidation, revision and publication; and the Legislative Drafting Office
and functions of the Principal Legislative Drafter.
(e) Taxation (Partnerships—Economic Substance) (Jersey) Law 202-
(P.47/2021—adopted in 3rd reading, 29.6.2021)
This Law imposes
an economic substance test on Jersey resident partnerships.
1 This Law was omitted from the 1 January–30 April
2021 Summary of Legislation.
2 This Law was omitted from the 1 January–30 April
2021 Summary of Legislation.
(f)
Proceeds of Crime
(Amendment No 4) (Jersey) Law 202-
(P.48/2021—adopted in 3rd reading, 30.6.2021)
This Law amends
the Proceeds of Crime (Jersey) Law 1999 to re- state the Minister’s
existing mandatory order-making power, and grant a new discretionary
order-making power to the Minister for External Relations and Financial
Services. This new power will allow the Minister to prescribe measures for
preventing and detecting money laundering to be taken by persons, acting as
trustees, who do not carry on financial services business.
(g) Proceeds of Crime
(Supervisory Bodies) (Amendment) (Jersey) Law 202-
(P.49/2021—adopted in 3rd reading, 30.6.2021)
This Law amends
the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008 to provide that a
supervisory body must use a risk-based approach in performance of its duties under
the principal Law; insert a definition of “risk-based approach”;
and provide that a supervisory body
that devises a risk profile for a supervised person or business must take
account of the FATF recommendations.
(h) Elections
(Miscellaneous Amendments) (Jersey)
Law 202-
(P.56/2021—adopted in 3rd reading, 21.7.2021)
This Law amends
the Public Elections (Jersey) Law 2002 and makes
other provisions about elections, and connected purposes.
(i)
Single-Use Plastics
etc (Restrictions) (Jersey)
Law 202-
(P.61/2021—adopted in 3rd reading, 21.7.2021)
This Law
prohibits the provision in Jersey, by retailers and others, of single-use plastic bags and related
items, and would restrict the provision of other types of re-usable bags except at a specified price.
2. LAWS, ORDERS IN COUNCIL, ETC
REGISTERED IN THE ROYAL COURT
(a) Wildlife (Jersey) Law 2021
(L.4/2021—registered 28.5.2021. In force 4.6.2021)
(b) Taxation (Companies—Economic Substance) (Amendment No 2) (Jersey) Law 2021
(L.5/2021—registered 28.5.2021. In force 4.6.2021)
(c) Termination
of Pregnancy (Amendment No 2)
(Jersey) Law 2021
(L.6/2021—registered 25.6.2021. In force 2.7.2021)
(d) Covid-19 (Enabling
Provisions) (Amendment No 2) (Jersey)
Law 2021
(L.7/2021—registered 23.7.2021. In force 24.7.2021)
(e) Legislation
(Jersey) Law 2021
(L.8/2021—registered 23.7.2021. Not in force)
(f)
States of Jersey (Amendment No 9) Law 2021
(L.9/2021—registered 23.7.2021. In force 30.7.2021)
(g) States of Jersey
Police Force (Amendment No 3)
(Jersey) Law 2021
(L.10/2021—registered 23.7.2021. In force 30.7.2021)
(h) Constitution
of the States and Public
Elections (Jersey) Law 2021
(L.11/2021—registered 23.7.2021. Article 10(2) and (3) not in
force, art 10(4) in force 30.7.2021)
3. LAWS BROUGHT INTO
FORCE
(a) Access to Justice
(Jersey) Law 2019 (Appointed Day) Act 2021
(R&O.91/2021—in force 21.7.2021)
Articles 1, 6,
7, 8 and 9 of the Access to Justice (Jersey) Law 2019 in force on 22 July 2021. The remaining provisions of the Law, other than art 11, come into force on the
day on which the first Legal Aid
Guidelines published by the Minister come into effect.
(b) Criminal Procedure (Jersey)
Law 2018 (Appointed Day) (No 4) Act 2021
(R&O.95/2021—in force 22.7.2021)
All remaining uncommenced provisions of the Criminal Procedure
(Jersey) Law 2018 come into force on 1 October 2021.
4. REGULATIONS MADE BY THE STATES
(a) Road Traffic (No 67) (Jersey)
Regulations 2021
(R&O.76/2021—in force 16.6.2021)
These
Regulations further amend the Road Traffic (Jersey) Law 1956, chiefly to enable the introduction of penalty
charges in respect of parking contraventions in place
of criminal proceedings.
(b)
Proceeds of Crime (Amendment of Law) (No 2) (Jersey)
Regulations 2021
(R&O.82/2021—in force 7.7.2021)
These
Regulations amend the Proceeds of Crime (Jersey) Law 1999 to exclude the
production, supply, use, export or import of cannabis and any of its
derivatives that is lawful where and when it occurs and occurs in a jurisdiction outside Jersey that the Minister
for External Relations and Financial Services may by order specify.
(c) Income Support (Amendment No 21) (Jersey)
Regulations 2021
(R&O.83/2021—not in force)
These
Regulations amend the Income Support (Jersey) Regulations 2007 in order to
increase the rates payable for various components of income support as follows:
On 1 October 2021—
• the first child component by £5.04;
• the childcare cost component for a child 3 years or age or
over from £5.57 per hour to £6.70 per hour;
• the childcare cost component for a child under 3 years of age from £7.14 per hour to £8.00
per hour;
• all other components, save the single
parent component, by 1.1%,
On 1 October 2022, increase all components, other than the single parent
component, by 2.6%.
(d)
Proceeds of Crime (Miscellaneous Amendments No 2) (Jersey)
Regulations 2021
(R&O.84/2021—not in force)
These
Regulations amend the Proceeds of Crime (Jersey) Law 1999 (PoC Law) to provide
that Part 2 of the PoC Law applies to a gift made into a trust, as long as
certain conditions are met. The Regulations also amend the Proceeds of Crime
(Enforcement of Confiscation Orders) (Jersey) Regulations 2008, which modifies
the PoC Law, in order that the amendments to the Law apply equally to external
confiscation orders.
(e) Restriction on Smoking
(Standardised Packaging and Labelling) (Jersey) Regulations 2021
(R&O.85/2021—in force 31.7.2021)
These
Regulations make provision for standardised packaging for tobacco products and
for the use of combined health warnings on tobacco packaging.
(f)
Covid-19 (Election of Jurats) (Jersey)
Regulations 2021
(R&O.86/2021—in force 1.7.2021)
These
Regulations make temporary provision to vary the procedure for the election of
Jurats due to Covid-19.
(g) Discrimination (Amendment of Law) (Jersey) Regulations 2021
(R&O.89/2021—in force 28.7.2021)
These
Regulations outlaw discrimination against people with children in respect of
finding places to live.
(h) Criminal Procedure (Juries—Tirage) (Jersey)
Regulations 2021
(R&O.93/2021—not in force)
These
Regulations will replace the Criminal Procedure (Tirage) Rules 2002. In
particular, these Regulations—
• set out the information that must be
given to the Viscount by each electoral administrator, and how that
information must be provided to the Viscount;
• provide that the Viscount is to compile the information
provided and use it to generate a panel list (and, if they think it expedient, a supplementary panel list), and from
those lists is to compile a primary and
secondary list of persons who may be summoned for jury service;
• provide that the Viscount is a public authority under the
Register of Names and Addresses (Jersey) Law 2012, and that the Viscount
and the electoral administrators may use registrable
facts under that Law in order
to carry out their functions under Regulations
2 and 3.
(i)
Criminal Procedure (Consequential and Supplementary Amendments) (Jersey)
Regulations 2021
(R&O.94/2021—not in force)
These
Regulations make amendments that are consequential or supplementary to the
Criminal Procedure (Jersey) Law 2018, to update references in other enactments
to criminal procedure by substituting new equivalents.
5. OTHER SUBORDINATE LEGISLATION OF NOTE
(a)
Planning and Building (General
Development) (Amendment No 7—
Covid-19) (Jersey)
Order 2021
(R&O.64/2021—in force 5.5.2021)
This order
amends Schedule 1 to the Planning and Building
(General Development) (Jersey) Order 2011, which gives general
permission for temporary development in respect of emergency medical and related facilities for government to deal with the Covid-
19 pandemic. The effect of the amendment is to add a further
year to the limitation of time
for the developments and changes of use of land, allowing the facilities which
have been temporarily created to remain in place until May 2022.
(b) Covid-19 (Workplace Restrictions
and Gathering Control) (Amendment No 6) (Jersey) Order 2021
(R&O.65/2021—in force 10.5.2021)
This order makes
further relaxations to the restrictions imposed as a consequence of Covid-19.
The order amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020 to
remove the final category of workplace which had to be closed for all purposes,
namely jacuzzis, plunge pools, steam rooms, saunas, Turkish baths, and the
like. These workplaces are now able to open for all purposes. The order also amends the Covid-19 (Gathering Control)
(Jersey) Order 2020. The definition “open air” is amended to include structures open on half of their
sides. The restriction on gathering in private gardens is extended to cover 50
people aged 5 and over for outdoor wedding and civil partnership receptions as
well as celebrations. There are now no limits on numbers gathering in private
gardens previously hired out or booked for hire by non- family members before
the order came into force. These provisions apply to all outdoor spaces
associated with homes, including marquees or other temporary structures placed
there.
(c)
Covid-19 (Workplace Restrictions) (Amendment No 12) (Jersey)
Order 2021
(R&O.70/2021—in force 18.5.2021)
This order
amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020 to widen the
purposes for which food and drink premises
may be open. In the case of food and drink premises that are part of wider
premises that include an auditorium or a stadium, the premises may be open for
the purpose of selling food or drink (other than alcoholic drinks) to customers
for consumption in the auditorium or stadium. Otherwise the food or drink must
be sold to be taken outside the wider premises or to be consumed at a table in
the premises.
(d) Covid-19
(Workplace—Twenty-Third Extension) (Jersey) Order 2021
(R&O.71/2021—in force 1.6.2021)
This order
amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020, to extend the
restriction period to end at the end of Wednesday 30 June 2021.
(e) Covid-19 (Gathering
Control—Seventh Extension) (Jersey) Order 2021
(R&O.72/2021—in force 1.6.2021)
This order
amends the Covid-19 (Gathering Control) (Jersey) Order 2020, to extend the
gathering control period to end at the end of Wednesday 30 June 2021.
(f)
Emergency Powers and Planning (Medicines and Vaccines—Covid- 19)
(Third Period) (Jersey) Order 2021
(R&O.75/2021—in force 5.6.2021)
This order is a
renewal of the Emergency Powers and Planning (Medicines and
Vaccines—Covid-19) (Jersey) Order 2021 which relaxes controls on
medicines to facilitate a plan for vaccination against Covid-19, which in turn
was a renewal of the Emergency Powers and Planning (Medicines and
Vaccines—Covid-19 and Influenza) (Jersey) Order 2020. The order expires
three months after it comes into force (under the
Emergency Powers and Planning (Jersey) Law 1990 it cannot remain in force for
longer unless renewed) This order will expire at the end of 4 September 2021.
(g) Covid-19 (Workplace
Restrictions and Gathering Control) (Amendment No 7) (Jersey) Order 2021
(R&O.77/2021—in force 14.6.2021)
This order
amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020 to further
relax the restrictions imposed to control the spread of Covid-19 in Jersey
while extending the contact tracing requirements and making a few minor
changes. The order—
• removes the requirements on visitors to workplaces to wear masks except in the case of public
transport vehicles and premises;
• provides for the removal of the requirements for workers to
wear masks or visors except in the case of public transport vehicles
and premises;
• extends the contact tracing requirements to apply to ritual
gatherings of whatever size and various gatherings in community halls;
• extends the category of enforcement officer to cover all
States employees employed as enforcement officers within the Covid Safe team.
This order also
amends the Covid-19 (Gathering Control) (Jersey) Order 2020 to remove the
restriction on numbers in the case of a wedding or civil partnership celebration
taking place at a person’s home.
(h) Covid-19
(Workplace—Twenty-Fourth Extension) (Jersey) Order 2021
(R&O.80/2021—in force 1.7.2021)
This order
amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020, to extend the
restriction period to end at the end of Saturday 31 July 2021.
(i)
Covid-19 (Gathering Control—Eighth Extension) (Jersey) Order 2021
(R&O.81/2021—in force 1.7.2021)
This order
amends the Covid-19 (Gathering Control) (Jersey) Order 2020, to extend the
gathering control period to end at the end of Saturday 31 July 2021.
(j)
Covid-19 (Workplace Restrictions) (Amendment No 13) (Jersey)
Order 2021
(R&O.88/2021—in force 21.7.2021)
This order
amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020 to restore
earlier requirements for visitors to
workplaces to wear masks, for workers to wear masks or visors in workplaces and
to make other minor changes. The order—
• reintroduces the
requirements to wear masks in a variety
of public locations that
applied before the requirements were limited to public transport vehicles and
premises on 14 June 2021. The exception for eating and drinking when sitting at
a table in food and drink premises is extended to when in a seat of an auditorium or stadium and a new
requirement to wear masks is added when attending an event at a community hall;
• reintroduces the requirements for workers to wear masks
or visors that applied before
they were limited to public transport vehicles and premises on 14 June 2021.
There are minor changes to limit mask-wearing to indoor areas of markets,
amusement centres, entertainment facilities and auction houses to match the
requirements for visitors
to wear masks in those workplaces. A
similar new
requirement to that mentioned above for events in community halls is also
added;
• removes the exemption in respect of mask-wearing that applied to certain gatherings of children in
workplaces.
(k) Covid-19
(Workplace—Twenty-Fifth Extension) (Jersey) Order 2021
(R&O.97/2021—in force 1.8.2021)
This order
amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020, to extend the
restriction period to end at the end of Tuesday 31 August 2021.
(l)
Covid-19 (Gathering Control—Ninth Extension) (Jersey) Order 2021
(R&O.98/2021—in force 1.8.2021)
This order
amends the Covid-19 (Gathering Control) (Jersey) Order 2020, to extend the
gathering control period to end at the end of Tuesday 31 August 2021.
(m) Covid-19 (Workplace
Restrictions and Gathering Control) (Amendment No 8) (Jersey) Order 2021
(R&O.101/2021—in force 5.8.2021)
This order
mainly reduces the restrictions on gatherings imposed by the Covid-19
(Gathering Control) (Jersey) Order 2020, though it also makes minor changes to some definitions in the Covid-19
(Workplace Restrictions) (Jersey) Order 2020.
(n) Covid-19 (Gathering Control
Repeal and Workplace Restrictions Amendment) (Jersey) Order 2021
(R&O.106/2021—in force 26.8.2021)
This order
further relaxes the restrictions imposed to control the spread of Covid-19 in
Jersey while extending the contact tracing requirements. This order repeals the
Covid-19 (Gathering Control) (Jersey) Order 2020, thereby removing the remaining restrictions on
gathering, which were limited to gathering in homes and gardens. It also amends
the Covid-19 (Workplace Restrictions) (Jersey) Order 2020.
(o) Covid-19
(Workplace—Twenty-Sixth Extension) (Jersey) Order 2021
(R&O.107/2021—in force 1.9.201)
This order
amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020, to extend the
restriction period to end at the end of Thursday 30th September 2021.
(p) Emergency Powers and Planning
(Medicines and Vaccines—Covid- 19 and Influenza) (Fourth Period) (Jersey)
Order 2021 (R&O.108/2021—in force 5.9.2021)
This order
provides for the continuation of relaxed controls on medicines to facilitate a
plan for vaccination against Covid-19. This order also reintroduces provision for vaccination against
influenza
on the basis
that the time period overlaps with the annual influenza vaccination period. The
order expires three months after it comes into force (under the Emergency
Powers and Planning (Jersey) Law 1990 it cannot remain in force for longer
unless renewed).
6. RULES OF COURT
None.
BAILIWICK OF GUERNSEY
1 May–31 August
2021
A. GUERNSEY
1. LAWS APPROVED
BY THE STATES OF DELIBERATION
(a) Public Functions (Transfer
and Performance) (Bailiwick of Guernsey) (Amendment) Law 2021
(Billet d’État No XIII of 2021. Approved 16.06.21)
This Law amends
the Public Functions (Transfer and Performance) (Bailiwick of Guernsey) Law
1991 (“the 1991 Law”).
Section 1(2) replaces s 1 of
the 1991 Law with a new s 1 that
includes within scope of the powers to transfer functions by Ordinance
parochial office holders and Douzaines, and public offices and public office holders. Section 1(3) provides for the
transfer of functions of a Committee of the States of Alderney or the Chief
Pleas of Sark conferred within a Bailiwick-wide enactment to another Committee
of the States of Alderney or the Chief Pleas of Sark (as the case may be), while s 1(4) replaces the very short
s 3 of the 1991 Law making general
provision in respect of Ordinances under the 1991 Law with more modern and
standard form wording in that regard. Section 1(5)–(7) and s 1(9)(d) make changes to provision in the 1991 Law in respect of the holders
of a public office to
include public offices themselves; in this regard, s 1(9)(c) replaces the
definition of “public office” in the 1991 Law with a more expansive
definition that expressly includes the Guernsey Financial Services Commission
(“the GFSC”), making separate references to the GFSC no longer
necessary. Section 1(8) and
s 1(9)(a) deal with references to
the GFSC that are consequently otiose, and s
1(9)(b) replaces the definition of “officer” with wording that includes a definition of the
meaning, for the purposes of the 1991
Law, of an officer being “responsible to” a Committee, a public office or the holder of a public
office.
(b) Abortion (Guernsey) (Amendment) Law 2021
(Billet d’État No. XIV of 2021. Approved 15.07.21)
This Law amends
the Abortion (Guernsey) Law 1997 (“the 1997 Law”).
Section 2 amends s 1 of the
1997 Law to abolish the offence of a woman procuring her own miscarriage.
Section 3 amends s 2 of the
1997 Law to ensure that the offence of supplying or procuring any thing
intending it to be unlawfully used to procure a miscarriage only applies where
it involves the intended miscarriage of another person (not the person who supplied
or procured the thing).
Section 4 amends s 3 of the 1997 Law to extend the categories of
persons who might lawfully terminate a pregnancy to registered nurses and midwives (“authorised persons”) in addition
to registered medical practitioners. It also replaces the requirement
for certification by two medical practitioners with certification by a single
medical practitioner. It removes the requirement that the pregnancy must not
exceed its twenty fourth week, in order for termination on grounds that there
is a substantial risk of significant physical or mental impairment that would
be seriously debilitating to the
child (the terminology relating to “handicapped” has been updated).
It also extends from 12 to 24 weeks the pregnancy period within which
termination can be carried out on grounds of risk of injury to the physical or
mental health of the pregnant woman or existing children of her family.
Finally, it removes the requirement for medical abortions to take place only at
Princess Elizabeth Hospital.
Section 5 amends s 4 of the 1997
Law to reflect the amendments allowing authorised persons to carry out terminations, and to require notice of terminations to be
given to the Director of Public Health (instead of the Medical Officer of
Health).
Section 6 amends s 5 of the
1997 Law to restrict and regulate the right to conscientious objection in
relation to participating in treatment resulting
in termination. It provides that this right does not
override any duty to participate in treatment necessary to prevent serious
injury to the physical or mental health of the pregnant woman (in addition to
any duty to save the life of the woman concerned). It also requires the person
exercising the right to make any necessary arrangements to allow someone else
without a conscientious objection to participate in the treatment or, in appropriate
cases, inform the woman concerned that she has a right to see another person
who is authorised to participate in the treatment and has no conscientious
objection. Finally, it authorises the Committee for Health & Social Care to
make regulations to further restrict or impose conditions on the right to
conscientious objection.
Section 7 amends s 6 of the 1997
Law to reflect the abolition of the offence of self-procuring a miscarriage.
Section 8 inserts the definition of “authorised persons” in s 8 of the 1997 Law.
(c) Public Thoroughfares (Guernsey) (Amendment) Law 2021
(Billet d’État No. XIV of 2021. Approved 15.07.21)
This Law amends
the Public Thoroughfares (Guernsey) Law 1958
to put Guernsey Electricity Ltd on the same statutory footing as other specified utilities to enable
Guernsey Electricity Ltd to carry out various works in any public highway,
subject to certain conditions.
2.
ORDINANCES APPROVED BY THE STATES
OF DELIBERATION
(a)
Companies (Guernsey) Law 2008 (Insolvency) (Amendment)
Ordinance 2021
(Billet d’État No XII of
2021. Approved 26.05.21—in force on the same day as the Companies (Guernsey)
Law 2008 (Insolvency) (Amendment) Ordinance 2020.
This Ordinance
amends the definition of “onerous property” pursuant to s 421A(2) of the Companies (Guernsey) Law
2008 so that any real property situated outside the must be unsaleable or not
readily saleable, or is such that it may give rise to a liability to pay money
or perform other onerous act, in order to be “onerous property”.
(b) Road Traffic (Speed Limits
and Trials) (Amendment) Ordinance 2021
(Billet d’État No XII of
2021. Approved 26.05.21—in force 26.05.21)
This Ordinance
amends the Road Traffic (Speed Limits and Trials) Ordinance 1987 so as
to—
(a) transfer responsibility for granting permission for motor
racing events on public highways from the Committee for Home Affairs to the
Committee for the Environment & Infrastructure (“the
Committee”), and
(b) remove the specific requirement that there be an interval of
time between competitors, and replace it with a requirement as to compliance with such conditions as the Committee
thinks fit and approvals granted by the relevant
British governing body of the motor sport in question or its equivalent
approved by the Committee.
(c) Long-Term Care Insurance (Guernsey) (Rates) (Amendment)
Ordinance 2021
(Billet d’État No XIII of
2021. Approved 16.06.21—in force 05.07.21)
This Ordinance
amends s 2 of the Long-term Care
Insurance (Guernsey) (Rates) Ordinance 2020 to increase the co-payment a person
contributes to the cost of their care with effect from 5 July 2021. The
co-payment is increased from £229.37 to £242.06.
(d) Charities etc (Guernsey
and Alderney) Ordinance
2021
(Billet d’État No XIII of
2021. Approved 16.06.21—in force on a date to be appointed by
regulations)
This Ordinance
is made under the Charities and Non-Profit Organisations (Enabling Provisions)
(Guernsey and Alderney) Law 2009. Its effect is to repeal and replace the legal
framework currently in place for the
oversight of charities and other non-profit organisations (“NPOs”)
under the Charities and Non-Profit Organisations (Registration) (Guernsey) Law 2008 (“the 2008
Law”). Its
primary purpose is to consolidate and clarify the requirements applicable to
charities and other NPOs, and also to make a number of revisions to ensure that
the framework is sufficient to protect the public and to enable the
jurisdiction to meet international standards for addressing money laundering
and terrorist financing.
While the framework under the Ordinance is broadly in line with that under the 2008 Law, it differs from it in the
following respects:
(a) range of organisations required to be registered has been
changed in two respects, in order to bring compulsory registration more in line
with the risks that are considered to be presented by the sector. First, the
exemption under the 2008 Law
applicable to organisations administered by parties licensed by the Guernsey Financial
Services Commission has been removed. Second, the financial thresholds for
compulsory registration have been raised. Voluntary registration by
organisations that no longer meet these thresholds will however still be
possible,
(b) meaning of charity
has been clarified by introducing a charitable
purposes test,
(c) persons who do not meet a “fit and proper test”
(who have, for example, been convicted of criminal offences or disqualified
from acting as a company director) are prohibited from running a charity or other NPO unless the
Registrar directs otherwise,
(d) scope of the information that must be provided by charities
and NPOs has been expanded, and a reporting obligation has been introduced in
relation to payments made abroad (subject to certain risk-based exemptions such
as where a payment is made to an affiliated organisation in the UK or another
Crown Dependency), and
(e) information gathering and sanctioning powers of the Registrar
have been brought in line with the powers that exist under other registration
regimes (e.g. the registration of
beneficial ownership), to enable compliance with the framework to be properly
overseen and, where necessary, enforced.
There are also regulation
making powers in the Ordinance which may be used to introduce further
requirements (e.g. in relation to
governance measures) or to provide for exemptions from the obligations under
the Ordinance.
The Ordinance also makes a number of consequential amendments to other
enactments.
(e) Health and Safety at Work
(Equality Provisions) Ordinance 2021 (Billet d’État No
XIV of 2021. Approved 15.07.21—in force 15.07.21)
This Ordinance amends several pieces
of older legislation to remove gender
discriminatory references.
Section 1 amends the Quarries (Safety) Ordinance 1954. It amends ss 10,
20, 33, 39 and 46 of that Ordinance to delete references to males.
Section 2 amends the Safety of Employees (Growing Properties) Ordinance
1954. It amends ss 1 and 8 of that Ordinance to delete references to women.
Section 3 amends the Safety of Employees (Miscellaneous Provisions)
Ordinance 1952. It amends s 6 of
that Ordinance to remove references to women.
Section 4 amends the Loi ayant rapport á L’emploi de femmes, de jeunes personnes et d’enfants
1926. Articles I–IV of that Law
are amended to delete references to women. Article IV is further amended by
replacing the definition of “industrial undertaking” to make it
gender neutral. Part III of the Schedule to the Law is repealed.
(f)
Machinery of Government (Transfer of Functions) Ordinance 2021 (Billet d’État No
XIV of 2021. Approved 15.07.21—in force 15.07.21)
This Ordinance
transfers to the Policy & Resources Committee powers of the Committee for
Employment & Social Security in the Social Insurance (Guernsey) Law 1978
and the Long-term Care Insurance (Guernsey) Law 2002 to invest any monies in
the Guernsey Insurance Fund and the Long-term Care Insurance Fund respectively
in investments authorised by the States, and the related function to delegate
that power to professional fund or investment managers.
(g) Income Tax (Guernsey) (Amendment) Ordinance
2021
(Billet d’État No XIV of
2021. Approved 15.07.21—in force 15.07.21)
This Ordinance
amends the Income Tax (Guernsey) Law 1975
(“the 1975 Law”) to:
(a) make necessary amendments in order to be able to implement the
provisions of the Assistance in Collection article contained in the Double Taxation Agreement between
Guernsey and the United Kingdom and Northern Ireland for the Elimination of
Double Taxation with Respect to Taxes on Income and on Capital Gains and the
Prevention of Tax Evasion and Avoidance
and Protocol, thus enabling the collection of UK tax debts within Guernsey,
(b) provide the Director of the Revenue Service with the power to
undertake onsite visits in respect of business premises for the purposes of
reviewing compliance with any approved international agreement or international
tax measure. Approval must be sought from the Bailiff prior to any such
inspection unless consent or at least 7 days’ written has been given,
(c) require all financial institutions operating in Guernsey to register with the Revenue Service if they
are a person or entity which is a financial institution within the meaning of the Income Tax (Approved International
Agreements) (Implementation) (United Kingdom and United States of America)
Regulations 2014 (“FATCA”) or the Income Tax (Approved
International Agreements) (Implementation) (Common Reporting Standard)
Regulations 2015 (“CRS”) (“a relevant institution”) and
to submit an annual validation,
(d) enable the Director of the Revenue Service to give directions
to a relevant institution which are
necessary or desirable for the purposes of securing compliance with the
international tax provisions. The Director also has the power to appoint
independent inspectors to investigate a relevant institution reasonably suspected
of having contravened the international tax provisions,
(e) require relevant institutions to notify the Director if they
have been unable to obtain valid self-certification under the CRS and/or FATCA
Regulations, or having obtained self- certification, have reasonable grounds to
suspect that the self- certification is or has subsequently become incorrect or
unreliable. Upon receipt of such a notification, the Director may require the
relevant institution to provide any further information
and may also make a freezing order restricting withdrawals from the account in
question,
(f) provide a right of appeal against a decision of the Director
to give a direction, appoint an inspector, impose a requirement to provide
further information or documents, or make a freezing order, and
(g) make other necessary consequential changes to the 1975 Law and
other minor amendments specified in the policy letter.
3. ORDINANCES, SUBORDINATE LEGISLATION ETC LAID BEFORE THE STATES OF DELIBERATION
(a) Financial Services Commission
(Bailiwick of Guernsey) Law 1987 (Amendment) Ordinance 2021
(Billet d’État No XII of
2021. Made by the Policy & Resources Committee—in force on a date to
be appointed by regulations and laid on 26.05.21)
(b)
Land Planning and Development (Emergency Procedures)
Ordinance 2021
(Billet d’État No XII of
2021. Made by the Policy & Resources Committee—in force 16.03.21 and
laid on 26.05.21)
(c) Social Insurance
(Benefits) (Amendment) Regulations 2021 (Billet d’État No XII of 2021. Made by the Committee for Employment & Social Security—in force 10.03.21 and laid on 26.05.21)
(d) Social Insurance
(Benefits) (Amendment) Regulations, 2020 (Billet d’État No XII of 2021. Made by the Committee for Employment & Social Security—in force 04.01.21 and laid on 26.05.21)
(e) Social Insurance
(Contributions) (Amendment) Regulations 2021 (Billet d’État No XII of
2021. Made by the Committee for Employment & Social Security—in force
31.03.21 and laid on 26.05.21)
(f)
Emergency Powers
(Coronavirus) (General Provision) (Bailiwick
of Guernsey) (No 6) Regulations 2021
(Urgent Proposition to the States of Deliberation, 26.05.21. Made by the Civil Contingencies
Authority—in force 21.05.21 and laid and approved on 26.05.21)
(g) Emergency Powers (Coronavirus) (Vaccine)
(Limitation of Liability) (No
6) (Bailiwick of Guernsey) Regulations 2021 (Urgent Proposition to the
States of Deliberation, 26.05.21. Made by
the Civil Contingencies Authority—in force 21.05.21 and laid and approved
on 26.05.21)
(h) European Committee for the
Prevention of Torture and Inhuman or Degrading
Treatment or Punishment (Privileges and Immunities)
Ordinance 2021
(Billet d’État No XIII of 2021. Made by the Policy & Resources
Committee—in force 13.04.21 and laid on 16.06.21)
(i)
Marriage (Bailiwick of Guernsey) Regulations, 2020
(Billet d’État No XIII of 2021. Made by the Policy & Resources
Committee—regs 2, 3, 4, 5, 12, 13 and 15 in force 11.01.21 and
regs 1, 6, 7, 8, 9,
10 and 11 in force 01.03.21. Laid on 16.06.21)
(j)
Marriage (Bailiwick of
Guernsey) Law, 2020 (Commencement and Transitional Provisions) Regulations,
2020
(Billet d’État No XIII of
2021. Made by the Policy & Resources Committee—in force 11.01.21 and
laid on 16.06.21)
(k) Motor Vehicles, Licensing and Traffic (Fees) (Guernsey)
Regulations 2021
(Billet d’État No XIII of
2021. Made by the Committee for the Environment & Infrastructure—in
force 01.06.21 and laid on 16.06.21)
(l)
Control of Poisonous
Substances (Fees) (Guernsey) Regulations 2021
(Billet d’État No XIII of
2021. Made by the Committee for Employment & Social Security—in force
01.06.21 and laid on 16.06.21)
(m) Health and Safety (Fees) Order
2021
(Billet d’État No XIII of
2021. Made by the Committee for Employment & Social Security—in force
01.06.21 and laid on 16.06.21)
(n) Income Tax (Approved International Agreements) (Imple-
mentation) (Common Reporting Standards) (Amendment)
Regulations 2021
(Billet d’État No XIII of
2021. Made by the Policy & Resources Committee—in force 29.04.21 and
laid on 16.06.21)
(o) Income Tax (Approved International Agreements) (Imple-
mentation) (United Kingdom and United States of America) (Amendment)
Regulations 2021
(Billet d’État No XIII of
2021. Made by the Policy & Resources Committee—in force 29.04.21 and
laid on 16.06.21)
(p) Copyright (Prescribed Libraries,
Archives, Museums and Galleries and Copying of Copyright Material)
(Bailiwick of Guernsey)
Regulations 2021
(Billet d’État No XIV of
2021. Made by the Committee for Economic Development—in force 26.03.21
and laid on 14.07.21)
(q) Emergency Powers (Coronavirus) (Vaccine)
(Limitation of Liability) (No
4) (Bailiwick of Guernsey) Regulations 2021 (Billet d’État No XIV of 2021. Made by the Civil Contingencies Authority—in force
02.04.21 and laid on 14.07.21)
(r)
Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 4) Regulations 2021
(Billet d’État No XIV of 2021. Made by the Civil Contingencies Authority—in force
02.04.21 and laid on 14.07.21)
(s) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 4) (Amendment) Regulations
2021 (Billet d’État No XIV of 2021. Made by the Civil Contingencies
Authority—in force 23.04.21 and laid on 14.07.21)
(t)
Emergency Powers (Coronavirus) (Vaccine) (Limitation of Liability) (No 5) (Bailiwick of
Guernsey) Regulations 2021 (Billet d’État No XIV of 2021. Made by the Civil Contingencies Authority—in force
30.04.21 and laid on 14.07.21)
(u)
Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 5) Regulations 2021
(Billet d’État No XIV of 2021. Made by the Civil Contingencies Authority—in force
30.04.21 and laid on 14.07.21)
(v) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 5) (Amendment) Regulations
2021 (Billet d’État No XIV of 2021. Made by the Civil Contingencies
Authority—in force 07.05.21 and laid on 14.07.21)
(w) Prison (Guernsey) (Amendment) Regulations 2021
(No XIV of 2021. Made by
the Committee for Home Affairs—in force 14.05.21 and laid
on 14.07.21)
(x) Tobacco Advertising and Related Activities (Guernsey)
Regulations 2021
(Billet
d’État No XIV of 2021. Made by the Committee for Health & Social Care—in force 31.07.21
and laid on 14.07.21)
4. LAWS, ORDERS IN COUNCIL, ETC
REGISTERED IN THE ROYAL COURT OF GUERNSEY
(a) Parole Review Committee
(Validation) (Guernsey) Law 2020
(Billet d’Etat No XXVIII of 2020—registered 10.05.21.
In force 10.05.21)
(b) Damages (Assumed Rate of
Return and Related Matters) (Enabling Provisions) (Guernsey and Alderney) Law
2020
(Billet d’Etat No
XXV of 2020—registered 10.05.21. In force on a date to be appointed by
Ordinance)
(c) Reform (Sark) (Amendment) Law 2020
(Chief Pleas of Sark 27.12.20—registered 10.05.21. In
force upon its registration on the
records of the Island of Sark)
(d) Sexual Offences (Bailiwick of Guernsey) Law 2020
(Billet d’Etat No
XIII of 2020—registered 14.06.21. In force on a date to be appointed by Ordinance)
5. SARK ORDINANCES CONSIDERED BY THE ROYAL COURT UNDER s 39(1) OF THE REFORM
(SARK) LAW 2008
(a) European Communities
(Coronavirus Vaccine) (Immunity from Civil
Liability) (Sark) Ordinance 2020
(In force 27.12.20—placed before the Private
Court on 06.05.21)
(b)
Live Link Evidence in Civil Proceedings (Amendment) (Sark)
Ordinance 2021
(In force 20.01.21—placed before the Private
Court on 06.05.21)
(c) Real Property (Transfer Tax,
Charging and Related Provisions) (Sark) Law, 2007 (Commencement) Ordinance 2021
(In force 20.01.21—placed before the Private
Court on 06.05.21)
(d)
Reform (Election of Conseillers) (Further Election) (Sark)
Ordinance 2021
(In force 20.01.21—placed before the Private
Court on 06.05.21)
(e) Child Protection (Sark) Ordinance 2021
(In force
01.05.21 with the exception of Part IV which shall come into force on a day to
be appointed by a further Ordinance—placed before the Private Court on
10.06.21)
6. RULES OF COURT
None.
B. ALDERNEY
1. LAWS APPROVED
BY THE STATES OF ALDERNEY
(a) Police Force (Bailiwick of Guernsey) (Amendment) Law 2021
(Billet d’Etat 19.05.21. Approved
19.05.21)
This Law was
approved by the States of Deliberation of Guernsey on 24.02.21 (see Chapter A.1.(b) of the entries relating to
Guernsey in the Law Review covering the period 1 January–30 April 2021).
2.
ORDINANCES APPROVED BY THE STATES OF ALDERNEY
None.
3.
REGULATIONS LAID BEFORE THE STATES OF ALDERNEY
(a) Emergency Powers
(Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 5) Regulations 2021
(Laid before the States of Alderney on
19.05.21)
(b) Emergency Powers (Coronavirus) (Vaccine) (Limitation of Liability) (No 5) (Bailiwick of
Guernsey) Regulations 2021
(Laid before the States of Alderney on
19.05.21)
(c) Emergency Powers
(Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 6) Regulations 2021
(Laid before the States of Alderney on
23.06.21)
(d) Emergency Powers (Coronavirus) (Vaccine) (Limitation of Liability) (No 6) (Bailiwick of
Guernsey) Regulations 2021
(Laid before the States of Alderney on
23.06.21)
(e) Emergency Powers
(Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 7) Regulations 2021
(Laid before the States of Alderney on
21.07.21)
(f)
Emergency Powers (Coronavirus) (General
Provision) (Bailiwick of Guernsey) (No 7) (Amendment)
Regulations 2021
(Laid before the States of Alderney on
21.07.21)
(g) Emergency Powers (Coronavirus) (Vaccine) (Limitation of Liability) (No 7) (Bailiwick of
Guernsey) Regulations 2021
(Laid before the States of Alderney on
21.07.21)
C. SARK
1. LAWS APPROVED
BY THE CHIEF PLEAS OF SARK
(a) Census (Sark) Law 2021
(Billet d’Etat 07.07.21. Approved
07.07.21)
This Law
empowers the Chief Pleas by Ordinance to direct the taking of a census not more
than once every five years, such Ordinance to prescribe the date of such
census, the persons required to provide information and the information to be
so provided.
2. ORDINANCES APPROVED BY THE CHIEF PLEAS OF SARK
(a) Reform (Election of Conseillers) (By-Election) (Sark) Ordinance 2021
(Approved 07.07.21—in force 07.07.21)
3. REGULATIONS LAID BEFORE THE CHIEF PLEAS OF SARK
(a) Emergency Powers
(Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 4) (Amendment) Regulations 2021
(Laid before the Chief Pleas of Sark on 07.07.21)
(b) Emergency Powers
(Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 5) Regulations 2021
(Laid before the Chief Pleas of Sark on 07.07.21)
(c) Emergency Powers (Coronavirus) (Vaccine) (Limitation of Liability) (No 5) (Bailiwick of
Guernsey) Regulations 2021
(Laid before the Chief Pleas of Sark on 07.07.21)
(d) Road Traffic Committee (Part of the Douzaine) Seasonal Regulation No
2
(Laid before the Chief Pleas of Sark on 07.07.21)
(e) Emergency Powers
(Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 5) (Amendment) Regulations 2021
(Laid before the Chief Pleas of Sark on 07.07.21)
(f)
Emergency Powers (Coronavirus) (General
Provision) (Bailiwick of Guernsey) (No 6) Regulations 2021
(Laid before the Chief Pleas of Sark on 07.07.21)
(g) Emergency Powers (Coronavirus) (Vaccine) (Limitation of Liability) (No 6) (Bailiwick of
Guernsey) Regulations 2021
(Laid before the Chief Pleas of Sark on 07.07.21)
(h) Road Traffic Offences (Motor Vehicles and Bicycles) (Sark) (Amendment) Regulations 2021
(Laid before the Chief Pleas of Sark on 07.07.21)
(i)
Emergency Powers (Coronavirus) (General
Provision) (Bailiwick of Guernsey) (No 7) Regulations 2021
(Laid before the Chief Pleas of Sark on 07.07.21)
(j)
Emergency Powers (Coronavirus) (Vaccine) (Limitation of Liability) (No 7) (Bailiwick of
Guernsey) Regulations 2021
(Laid before the Chief Pleas of Sark on 07.07.21)