Legislation

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SUMMARY OF LEGISLATION

BAILIWICK OF JERSEY

1 September–31 December 2021

1. LAWS ADOPTED BY THE STATES

(a) Civil Aviation (Amendment) (Jersey) Law 202-

(P.64/2021—adopted in 3rd reading, 15.9.2021)

This Law provides a power for the States to make Regulations about the investigation of air accidents and serious incidents in Jersey. It also clarifies the effect of art 148 of the Air Navigation (Jersey) Law 2014 and removes the legal effect in Jersey of the Civil Aviation (Investigation of Air Accidents and Incidents) (Jersey) Order 2000.

(b) States of Jersey (Amendment No 10) Law 202-

(P.77/2021—adopted in 3rd reading, 15.9.2021)

This Law further amends art 18 of the States of Jersey Law 2005 to require the Council of Ministers to discuss and agree a common population policy, on a regular basis to be at least once per year.

(P.78/2021—adopted in 3rd reading, 15.9.2021)

This Law amends the Income Tax (Jersey) Law 1961 to provide for the first stage of independent taxation for people who are married or in a civil partnership.

(d) Taxation (Income Tax, Goods and Services Tax and Revenue Administration) (Amendment) (Jersey) Law 202- (P.51/2021—adopted in 3rd reading, 5.10.2021)

This Law amends the Income Tax (Jersey) Law 1961, the Goods and Services Tax (Jersey) Law 2007 and the Revenue Administration (Jersey) Law 2019.

(e) Electronic Communications (Amendment No 2) (Jersey) Law 202- (P.81/2021—adopted in 3rd reading, 8.10.2021)

This Law enables the witnessing of signatures to be effected by electronic means; and for connected purposes.

(f) Covid-19 (Enabling Provisions) (Amendment No 3) (Jersey) Law 202-

(P.83/2021—adopted in 3rd reading, 23.11.2021)

This Law amends art 3(3) (cessation of powers) of the Covid-19 (Enabling Provisions) (Jersey) Law 2020 for the third time.

(g) Finance (2022 Budget) (Jersey) Law 202-

(P.100/2021—adopted in 3rd reading, 17.12.2021)

This Law sets the standard rate of income tax for 2022 and to implement parts of the government plan 2022–2025 by amending the Income Tax (Jersey) Law 1961, the Customs and Excise (Jersey) Law 1999, the Goods and Services Tax (Jersey) Law 2007 and other enactments.

(h) Health Insurance Fund (Miscellaneous Provisions) (Amendment No 3) (Jersey) Law 202-

(P.102/2021—adopted in 3rd reading, 17.12.2021)

This Law amends the Health Insurance Fund (Miscellaneous Provisions) (Jersey) Law 2011 to provide that certain sums of money may be withdrawn from the Health Insurance Fund in 2022 and credited to the Consolidated Fund.

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

(a) Taxation (Partnerships—Economic Substance) (Jersey) Law 2021

(L.12/2021—registered 1.10.2021. In force 8.10.2021)

(b) Proceeds of Crime (Supervisory Bodies) (Amendment) (Jersey) Law 2021

(L.13/2021—registered 1.10.2021. In force 8.10.2021)

(L.14/2021—registered 1.10.2021. In force 8.10.2021)

(d) Single-Use Plastics etc (Restrictions) (Jersey) Law 2021

(L.15/2021—registered 19.11.2021. In force 22.7.2022)

(e) Immigration (Jersey) Order 2021

(L.16/2021—registered 10.12.2021. In force in accordance with art 1(1))

(f) States of Jersey (Amendment No 10) Law 2021

(L.17/2021—registered 17.12.2021. In force 18.12.2021)

(g) Income Tax (Amendment—Stage 1 of Independent Taxation) (Jersey)

Law 2021

(L.18/2021—registered 17.12.2021. In force in accordance with art 16)

(h) Elections (Miscellaneous Amendments) (Jersey) Law 2021 (L.19/2021—registered 17.12.2021. In force in accordance with art 106)

(i) Civil Aviation (Amendment) (Jersey) Law 2021 (L.20/2021—registered 17.12.2021. In force in accordance with art 5)

3. LAWS BROUGHT INTO FORCE

(a) Finance (2020 Budget) (Jersey) Law 2020 (Appointed Day) Act 2021

(R&O.110/2021—in force 15.9.2021)

The Act brings into force art 32 of the Finance (2020 Budget) (Jersey) Law 2020 on 1 January 2022.

(b) Act declaring that the Income Tax (Amendment—Stage 1 of Independent Taxation) (Jersey) Law 202- has immediate effect (R&O.111/2021—in force 15.9.2021)

The Act gives immediate effect to the Income Tax (Amendment— Stage 1 of Independent Taxation) (Jersey) Law 202- (P.78/2021), (adopted by the States on Wednesday 15 September 2021), as if it were a Law sanctioned by the Privy Council and registered in the Royal Court.

(R&O.112/2021—in force 16.9.2021)

The Act brings the Legislation (Jersey) Law 2021 into force on Tuesday 28 September 2021.

(d) Act declaring that the Finance (2022 Budget) (Jersey) Law 202- has immediate effect

(R&O.158/2021—in force 17.12.2021)

The Act gives immediate effect to the Finance (2022 Budget) (Jersey) Law 202- (P.100/2021), (adopted by the States on 17 December 2021), as if it were a Law sanctioned by the Privy Council and registered in the Royal Court.

4. REGULATIONS MADE BY THE STATES

(a) Road Traffic (No 68) (Jersey) Regulations 2021

(R&O.124/2021—in force 12.10.2021)

These Regulations amend the Road Traffic (Jersey) Law 1956 to make it the duty on a driver of a vehicle to report if the vehicle is involved in a road accident by including a new duty on a driver to report when a motor vehicle hits a cat and by updating and clarifying the existing duty.

(b) Covid-19 (Amendments—Further Extensions) (Jersey) Regulations 2021

(R&O.127/2021—in force 15.10.2021)

These Regulations make amendments to temporary provisions for Covid-19 in several items of legislation, to extend the expiry dates of those provisions from the end of 31 October 2021 to the end of 30 April 2022. All of the provisions were previously extended from 30 April 2021 by the Covid-19 (Amendments—Extension and Suspension) (Jersey) Regulations 2021.

(R&O.128/2021—in force 15.10.2021)

These Regulations disapply art 18 of the Employment (Jersey) Law 2003 to an Order under art 16(3) and Regulations under art 17. These provisions provide for the setting of the minimum wage and the determination of the hourly rate of remuneration at which a person is to be regarded as remunerated in certain circumstances. Article 18 provides a mechanism for referring these matters to the Employment Forum to report their recommendations to the Minister, and reference to the Employment Forum is currently mandatory.

(d) Employment (Amendment of Law) (No 3) (Jersey) Regulations 2021

(R&O.135/2021—in force 1.1.2022)

These Regulations amend arts 10 and 11 of the Employment (Jersey) Law 2003 to amend an employee’s entitlement to rest periods and to annual leave.

(e) World Trade Organization (Privileges and Immunities) (Jersey)

Regulations 2021

(R&O.136/2021—in force 10.11/2021)

These Regulations confer privileges and immunities upon the World Trade Organization its representatives and its officials.

(f) Social Security (Amendment of Law—Minimum Earnings Threshold) (Jersey) Regulations 2021

(R&O.142/2021—in force 1.1.2022)

These Regulations amend art 5 of the Social Security (Jersey) Law 1974, which makes provision about the circumstances in which Class 1 social security contributions are payable.

(g) Social Security (Amendment of Law—Home Carer’s Allowance) (Jersey) Regulations 2021

(R&O.143/2021—in force 30.11.2021)

These Regulations amend art 18A of the Social Security (Jersey) Law 1974, which makes provision about the circumstances in which a person is entitled to home carer’s allowance.

(h) Income Tax (Amendment of Law—Taxation of Cannabis Companies) (Jersey) Regulations 2021

(R&O.144/2021—in force 1.1.2022)

These Regulations amend the Income Tax (Jersey) Law 1961 to provide for the taxation of companies in the cannabis industry.

(i) Social Security (Amendment of Law No 16) (Jersey) Regulations 2021

(R&O.156/2021—in force 1.1.2022)

These Regulations amend the Social Security (Jersey) Law 1974 to remove the requirement for the States to contribute to the Social Security Fund in 2022.

5. OTHER SUBORDINATE LEGISLATION OF NOTE

(a) Covid-19 (Workplace—Twenty-Seventh Extension) (Jersey) Order 2021

(R&O.120/2021—in force 1.10.2021)

This Order amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020, to extend the restriction period to end at the end of Sunday 31 October 2021.

(b) Covid-19 (Workplace—Twenty-Eighth Extension) (Jersey) Order 2021

(R&O.132/2021—in force 1/11/2021)

This Order amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020, to extend the restriction period to end at the end of Tuesday 30 November 2021.

Order 2021

(R&O.146/2021—in force 1.12.2021)

This Order amends the contract-tracing requirements of the Covid-19 (Workplace Restrictions) (Jersey) Order 2020. The exception to the requirement for visitors to food and drink premises to supply personal details that applies to take-away outlets now applies only where the visitor does not enter an indoor area of the premises other than to collect the food or drink (but not to order it, pay for it or wait for it to be ready for collection).

(d) Covid-19 (Workplace—Twenty-Ninth Extension) (Jersey) Order 2021

(R&O.147/2021—in force 1.12.2021)

This Order amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020, to extend the restriction period to end at the end of Friday 31 December 2021.

(e) Emergency Powers and Planning (Medicines and Vaccines—Covid- 19 and Influenza) (Fifth Period) (Jersey) Order 2021 (R&O.148/2021—in force 5.12.2021)

This Order provides for the continuation of relaxed controls on medicines to facilitate a plan for vaccination against Covid-19. it will expire at the end of 4 March 2022.

(f) Regulation of Care (Standards and Requirements) (Reinstatement of Covid-19 Modifications) (Jersey) Order 2021

(R&O.151/2021—in force 14.12.2021)

This Order reinstates the effect of reg 17A(1)–(5) of the Regulation of Care (Standards and Requirements) (Jersey) Regulations 2018. The reinstated provisions are Covid-19 related measures.

(g) Social Security (Contributions) (Covid-19) (Amendment No 4) (Jersey) Order 2021

(R&O.163/2021—in force 27.12.2021)

This Order amends the Social Security (Contributions) (Covid-19) (Jersey) Order 2020 to extend the provisions of the principal Order for an additional two quarters.

(h) Covid-19 (Workplace—Thirtieth Extension) (Jersey) Order 2021

(R&O.164/2021—in force 1.1.2022)

This Order amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020, to extend the restriction period to end at the end of Monday 31 January 2022.

(i) Covid-19 (Workplace Restrictions) (Amendment No 15) (Jersey)

Order 2021

(R&O.170/2021—in force 4.1.2022)

This Order amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020 to reintroduce requirements for visitors to, and workers in, indoor areas of workplaces to which the public have access, to wear masks. The reintroduced restrictions do not apply to visitors to food and drink premises, nightclubs or any part of physical activity facilities and does not apply in churches and other religious venues except during funerals.

6. RULES OF COURT

(a) Criminal Procedure (Jersey) Rules 2021

(R&O.113/2021—in force 1.10.2021)

These Rules supplement the provisions of the Criminal Procedure (Jersey) Law 2018, the Criminal Procedure (Bail) (Jersey) Law 2017 and the Police Procedures and Criminal Evidence (Jersey) Law 2003, and re-enact/modernise various other rules being repealed.

(b) Royal Court (Amendment No 26) Rules 2021

(R&O.114/2021—in force 1.10.2021)

These Rules amend the Royal Court Rules 2004 in order to remove all provisions in the Royal Court Rules 2004 which relate to criminal procedure.

(R&O.115/2021—in force 23.9.2021)

These Rules correct a printing fault in r 5 of the Service of Process Rules 2019.

(d) Court of Appeal (Criminal) (Preparatory Hearings—Interlocutory Appeals) Rules 2021

(R&O.116/2021—in force 1.10.2021)

These Rules set out the procedures and requirements for making an application for leave to appeal and, if leave is granted, for giving notice of appeal; or, if leave is refused, for renewing the application for leave to appeal.

(e) Court of Appeal (Criminal) (Retrial after Acquittal) Rules 2021

(R&O.117/2021—in force 1.10.2021)

These Rules empower the Court of Appeal to determine whether to quash an acquittal for an offence and order a person to be retried, or order that an acquittal outside Jersey is no bar to the person being

tried in Jersey, if there is new and compelling evidence and it is in the interests of justice to make such an order.

(f) Court of Appeal (Criminal) (Amendment No 2) Rules 2021

(R&O.118/2021—in force 24.9.2021)

These Rules insert a provision in the Court of Appeal (Criminal) Rules 1964 to make clear how periods of time are to be reckoned for the purposes of all criminal or quasi-criminal proceedings before the Court of Appeal; and make consequential amendments in related Rules of Court.

(g) Court of Appeal (Civil) (Amendment No 6) Rules 2021

(R&O.119/2021—in force 24.9.2021)

These Rules insert a provision in the Court of Appeal (Civil) Rules 1964 to make clear how periods of time are to be reckoned for the purposes of all civil proceedings before the Court of Appeal.

BAILIWICK OF GUERNSEY

1 September–31 December 2021

A. GUERNSEY

1. LAWS APPROVED BY THE STATES OF DELIBERATION

(a) Court of Appeal (Guernsey) (Amendment) Law 2021

(Billet d’État No XIX of 2021. Approved 29.09.21)

This Law amends the Court of Appeal Law 1961 (“the 1961 Law”). The principal purpose of the amendments is to bring the 1961 Law into closer correlation with the Jersey Court of Appeal, which was established at the same time and comprises the same judges, and generally to modernise the 1961 Law. The main amendments are as follows—

• to expand and clarify the constitution of the Court of Appeal,

• to enable an appellant or party to an appeal to address the Court of Appeal,

• to clarify the civil jurisdiction of the Court of Appeal and limitations on appeals in civil matters,

• to clarify the powers of a single judge of the Court of Appeal,

• to modify the process for requiring a record and transcript of proceedings to be made,

• to clarify that an appeal lies against a sentence imposed subsequent to the date of conviction,

• to enable the Court of Appeal to order a retrial on appeals in criminal cases,

• to clarify that an order of the Court of Appeal made on appeal has the same effect as an order of the Royal Court,

• to extend the time for appealing against conviction or sentence from 10 days to 28 days,

• to give the appellant in a criminal case the right to be present at any oral hearing and enable such a right to be satisfied by the appellant’s presence via video link,

• to amend the provisions relating to time spent in custody prior to the appeal so that any time so spent will be taken into account when computing sentence unless the court directs otherwise,

• to remove a reference to the death penalty and enable the Lieutenant Governor, rather than the Secretary of State as presently, to refer appropriate cases to the Court of Appeal (prerogative of mercy),

• to clarify that the right to appeal against sentence includes the right to appeal against a confiscation order,

• to insert an additional Part IIIA enabling Her Majesty’s Procureur to refer cases to the Court of Appeal on a point of law following acquittal; and to so refer a case for review of sentence where the sentence was unduly lenient,

• to make express provision for affirmation as an alternative to an oath for the judges of the Court of Appeal, and to provide an English language version of the oath/affirmation,

• to amend the provisions relating to remuneration of the judges of the Court of Appeal so as to bring it into line with the formula for remuneration of judges of the Royal Court and the Magistrate’s Court,

• to amend s 7 of the 1961 Law so as to enable the Court of Appeal to sit outside the Bailiwick and to empower the Bailiff or presiding judge to allow remote hearings,

• to extend the powers of a single judge in relation to applications for leave to appeal against interlocutory orders,

• to give a right of appeal in certain cases where the Royal Court has dealt with an offender (e.g. for breach of a community service order imposed by the Magistrate’s Court) who has not been convicted by the Royal Court,

• to insert a provision enabling the Court of Appeal, pending determination of an appeal or application for leave to appeal, to suspend the operation of an order suspending a licence and for any goods confiscated or forfeited to be kept in custody of the court,

• to make provision for appeals against forfeiture orders similar to that for confiscation orders, and

• to change references throughout the 1961 Law from “Her Majesty’s Attorney General” to “Her Majesty’s Procureur” and to correct references to the Clerk of the Court of Alderney (now the Greffier) and the Chief Executive of the States of Guernsey (now the States Treasurer).

(b) Housing (Standards and Regulation) (Enabling Provisions) (Guernsey) Law 2021

(Billet d’État No XX of 2021. Approved 15.10.21)

This Law is an enabling Law, empowering the States to make Ordinances in respect of certain specified matters, but otherwise making no substantive provision itself.

Section 1(1) contains the basic power to make Ordinances for the purpose of improving the quality of, and regulating the provision of, housing, and section 1(2) sets out examples of the sort of provision that may be made thereunder.

Section 1(3) makes further provision in relation to Ordinances under specified paragraphs of section 1(2). Sections 1(4) and 1(5) make provision in respect of consequential and supplementary provision that may be made in Ordinances under the Law, including providing that such provision may include the creation, and punishment of, offences. Section 1(6) contains limitations on the power to create offences, and section 1(7) contains further general provision, including a limitation of liability.

Sections 2 to 4 deal with interpretation, citation and commence- ment.

2. ORDINANCES APPROVED BY THE STATES OF DELIBERATION

(a) Insurance Business (Bailiwick of Guernsey) (Amendment) Ordinance 2021

(Billet d’État No XVII of 2021. Approved 10.09.21—in force 01.11.21)

This Ordinance amends the Insurance Business (Bailiwick of Guernsey) Law 2002 (“the 2002 Law”), as amended, with the enforcement, sanctions and penalty provisions largely being transferred to the Financial Services Business (Enforcement Powers) (Bailiwick of Guernsey) Law 2020. The amendments update the text of the 2002 Law and bring it into alignment with the other regulatory Laws, that is, the Banking Supervision (Bailiwick of Guernsey) Law 2020, the Protection of Investors (Bailiwick of Guernsey) Law 2020 and the Regulation of Fiduciaries, Administration Businesses and Company Directors, etc (Bailiwick of Guernsey) Law 2020.

(b) Insurance Managers and Insurance Intermediaries (Bailiwick of Guernsey) (Amendment) Ordinance 2021

(Billet d’État No XVII of 2021. Approved 10.09.21—in force 01.11.21)

This Ordinance amends the Insurance Managers and Insurance Intermediaries (Bailiwick of Guernsey) Law 2002 (“the 2002 Law”), as amended, with the enforcement, sanctions and penalty provisions largely being transferred to the Financial Services Business (Enforcement Powers) (Bailiwick of Guernsey) Law 2020. The amendments update the text of the 2002 Law and bring it into alignment with the other regulatory Laws.

(c) Regulation of Fiduciaries, Administration Businesses and Company Directors, etc (Bailiwick of Guernsey) (Commencement) Ordinance 2021

(Billet d’État No XVII of 2021. Approved 10.09.21—in force 10.09.21)

This Ordinance commences the Regulation of Fiduciaries, Administration Businesses and Company Directors, etc (Bailiwick of Guernsey) Law 2020 on 1 November 2021.

(d) Protection of Investors (Bailiwick of Guernsey) (Commencement)

Ordinance 2021

(Billet d’État No XVII of 2021. Approved 10.09.21—in force 10.09.21)

This Ordinance commences the Protection of Investors (Bailiwick of Guernsey) Law 2020 on 1 November 2021.

(e) Financial Services Business (Enforcement Powers) (Bailiwick of Guernsey) (Commencement) Ordinance 2021

(Billet d’État No XVII of 2021. Approved 10.09.21—in force 10.09.21)

This Ordinance commences the Financial Services Business (Enforcement Powers) (Bailiwick of Guernsey) Law 2020 on 1 November 2021.

(f) Banking Supervision (Bailiwick of Guernsey) (Commencement)

Ordinance 2021

(Billet d’État No XVII of 2021. Approved 10.09.21—in force 10.09.21)

This Ordinance commences the Banking Supervision (Bailiwick of Guernsey) Law 2020 on 1 November 2021.

(g) Excise Duties (Budget) Ordinance 2021

(Billet d’État No XXI of 2021. Approved 02.11.21—in force 01.01.22)

This Ordinance amends the Fourth Schedule to the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972 by amending the rates of excise duty.

(h) Taxation of Real Property (Guernsey and Alderney) (Amendment)

Ordinance 2021

(Billet d’État No XXI of 2021. Approved 02.11.21—in force 01.01.22)

This Ordinance amends Part I of Schedule 1 to the Taxation of Real Property (Guernsey and Alderney) Ordinance 2007 by amending rates of property tax.

(i) Social Insurance (Rates of Contributions and Benefits etc.)

Ordinance 2021

(Billet d’État No XXIII of 2021. Approved 24.11.21—in force

01.01.22 with the exception of section 8 which shall come into force on 03.01.22)

Section 1 of this Ordinance amends s 8(4) of the Social Insurance (Guernsey) Law 1978 to change the formula for calculating voluntary class 3 social insurance contributions, so that the figure is aligned with the minimum weekly amount payable by a non-employed person under pension age. This was necessary to avoid a situation where the current means of calculating the rate in s 8(4), as a result of the changes approved in 2019 to the allocations of social insurance contributions into the various funds and the proposed increases in the rates, would have resulted in an inappropriately high figure for the voluntary contribution for non-employed persons.

This Ordinance sets the percentage contribution rates of Class 1 to 3 social insurance contributions for 2022. It also sets the upper and lower income limits, amounts of contributions and the Class 3 income allowance and increases the amounts of contributory social insurance benefits set out in the First Schedule.

As well as the usual repeal of last year’s rates Ordinance and another Ordinance where all of the provisions are superseded or spent, the Ordinance also repeals a 2016 Ordinance as the only part of it still in force will not be required from 1 January 2022 as it relates

to the setting of the percentage by reference to which the States’ grant into the Guernsey Insurance Fund is calculated. The States resolved in June 2019 that no grant be paid to the Guernsey Insurance Fund and the relevant section in the Social Insurance Law relating to the grant will be repealed when the Health Service Benefit (Amendment and Miscellaneous Provisions) (Guernsey) Law 2021 comes into force on 1 January 2022.

The benefit rates are increased from 3 January 2022 and the rest of the Ordinance comes into force on 1 January 2022.

(j) Long-term Care Insurance (Guernsey) (Rates) Ordinance 2021

(Billet d’État No XXIII of 2021. Approved 24.11.21—in force 03.01.22)

This Ordinance amends rates of Long-term care benefit and the weekly contribution 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 3 January 2022.

(k) Guernsey Revenue Service Tribunal Ordinance 2021

(Billet d’État No XXV of 2021. Approved 15.12.21—in force 01.01.22)

This Ordinance transfers the jurisdiction of the Guernsey Tax Tribunal to the Guernsey Revenue Service Tribunal. It provides that a person who held a position on the Guernsey Tax Tribunal immediately before the commencement of this Ordinance shall be deemed to have been appointed to the corresponding position on the Guernsey Revenue Service Tribunal and any proceeding or matter before the Guernsey Tax Tribunal immediately before commencement may be continued before the Guernsey Revenue Service Tribunal.

The Ordinance amends references to the Guernsey Tax Tribunal in the Income Tax (Guernsey) Law 1975. It also amends the Social Insurance (Guernsey) Law 1978 to specify questions for determination by the Administrator and Director of the Revenue Service, appeals against decisions of the Director of Revenue Service, and appeals to the Ordinary Court and Court of Appeal.

(l) Health Service Benefit (Amendment and Commencement) Ordinance 2021

(Billet d’État No XXV of 2021. Approved 15.12.21—in force 15.12.21)

This Ordinance amends a provision inserted into the Health Service Benefit (Guernsey) Law 1990 (“the 1990 Law”) by the Health Service Benefit (Amendment and Miscellaneous Provisions) (Guernsey) Law 2021 (“the 2021 Law”) and brings the 2021 Law (as so amended) into force on 1 January 2022.

The provision inserted into the 1990 Law by the 2021 Law that is amended by the Ordinance is concerned with the appointment of the Health Administrator. The Ordinance amends two references in that

inserted provision to “the Committee”, to make clear that the Health Administrator is to be appointed by the Policy & Resources Committee on the recommendation of the Committee for Health & Social Care, and shall carry out such functions as are assigned to him or her under the 1990 Law, any other enactment and by the Committee for Health & Social Care.

(m) Severe Disability Benefit and Carer’s Allowance (No 2) Ordinance 2021

(Billet d’État No XXV of 2021. Approved 15.12.21—in force 03.01.22)

This Ordinance amends the weekly rate of severe disability benefit and carer’s allowance and the annual income limits for the same under the Severe Disability Benefit and Carer’s Allowance (Guernsey) Law 1984 with effect from 3 January 2022.

(n) Income Support (Implementation) (Amendment) (No 3) Ordinance 2021

(Billet d’État No XXV of 2021. Approved 15.12.21—in force 07.01.22)

This Ordinance amends the benefit limitation rates (in effect the maximum amount of benefit a claimant can receive), the short-term and long-term requirement rates on which the calculation of income support is based, the level of maximum rent allowances added in calculating a claimant’s requirements and the level of personal allowances payable to people in residential homes who are in receipt of income support under the Income Support (Guernsey) Law 1971 with effect from 7 January 2022.

The Ordinance also amends para 11 of the First Schedule to the Income Support (Implementation) Ordinance 1971 so that any grant made by the Committee for Education, Sport & Culture in relation to a university or other further education course in respect of a person who is a dependant of a claimant for income support and the wages of any person in respect of whom such a grant is made are disregarded in calculating a claimant’s resources for the purposes of an income support claim. Currently para 11 only provides for such monies to be disregarded until the beginning of August following a student’s nineteenth birthday, i.e., whilst the student would be treated as a child for the purposes of the Family Allowances Law.

(o) Family Allowances (Guernsey) (Amendment etc) Ordinance 2021 (Billet d’État No XXV of 2021. Approved 15.12.21—in force 03.01.22)

This Ordinance amends s 1 of the Family Allowances (Guernsey) Law 1950 so that family allowance is only paid to families with a gross household income of less than £120,000 and in respect of children aged under 18.

Section 19(1) of the Law is also amended as the current wording is unclear as to what kind of agreement is required in order for a

married couple to be deemed to be living apart. This is important in relation to the new definition of gross household income. The section is amended just to refer to a married couple being permanently separated which reflects the practice followed by the Committee.

The Ordinance also amends the rate of family allowance under the Family Allowances (Guernsey) Law 1950 with effect from 3 January 2022.

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

(a) Building (Guernsey) (Amendment) Regulations 2021

(Billet d’État No XVII of 2021. Made by the Development and Planning Authority—in force 01.09.21 and laid on 10.09.21)

(b) Customs and Excise (Safety and Security) (Bailiwick of Guernsey) (Amendment) Regulations 2021

(Billet d’État No XVII of 2021. Made by the Committee for Home Affairs—in force 07.06.21 and laid on 10.09.21)

(c) Immigration and Social Security Co-ordination (EU Withdrawal) (Bailiwick of Guernsey) (Amendment) Regulations 2021

(Billet d’État No XVII of 2021. Made by the Committee for Home Affairs—in force 30.06.21 and laid on 10.09.21)

(d) Medicines (Human and Veterinary) (Bailiwick of Guernsey) Law (Amendment) Ordinance 2021

(Billet d’État No XIX of 2021. Made by the Policy & Resources Committee—in force on a date to be appointed by regulations and laid on 30.09.21)

(e) Parochial Elections (St Saviour) Regulations 2021

(Billet d’État No XIX of 2021. Made by the States’ Assembly & Constitution Committee—in force 22.04.21 and laid on 30.09.21)

(f) Income Tax (Substance Requirements) (Implementation)

Regulations 2021

(Billet d’État No XIX of 2021. Made by the Policy & Resources Committee—in force 30.06.21 and laid on 30.09.21)

(g) Limited Partnerships (Guernsey) (Striking Off) Regulations 2021 (Billet d’État No XIX of 2021. Made by the Committee for Economic Development—in force 30.06.21 and laid on 30.09.21)

(h) Customs and Excise (Customs Export Declarations) (Amendment)

Regulations 2021

(Billet d’État No XIX of 2021. Made by the Committee for Home Affairs—in force 05.07.21 and laid on 30.09.21)

(i) Companies (Incorporated Cell Companies) (Prescribed Classes) Regulations 2021

(Billet d’État No XIX of 2021. Made by the Guernsey Financial Services Commission—in force 02.07.21 and laid on 30.09.21)

(j) Companies (Audit Exemption) (Amendment) Regulations 2021

(Billet d’État No XIX of 2021. Made by the Committee for Economic Development—in force 06.07.21 and laid on 30.09.21)

(k) Parochial Elections (St Martin) Regulations 2021

(Billet d’État No XIX of 2021. Made by the States’ Assembly & Constitution Committee—in force 08.07.21 and laid on 30.09.21)

(l) Parochial Elections (Vale) Regulations 2021

(Billet d’État No XIX of 2021. Made by the States’ Assembly & Constitution Committee—in force 03.08.21 and laid on 30.09.21)

(m) Parochial Elections (Vale) (No 2) Regulations 2021

(Billet d’État No XIX of 2021. Made by the States’ Assembly & Constitution Committee—in force 11.08.21 and laid on 30.09.21)

(n) States Reform (Performance of Functions) (Guernsey Health Service Fund) Regulations 2021

(Billet d’État No XX of 2021. Made jointly by the Policy & Resources Committee and the Committee for Employment & Social Security—in force 02.09.21 and laid on 15.10.21)

(o) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 11) Regulations 2021

(Billet d’État No XXII of 2021. Made by the Civil Contingencies Authority—in force 04.10.21 and laid on 15.10.21)

(p) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 12) Regulations 2021

(Urgent Proposition to the States of Deliberation, 02.11.21. Made by the Civil Contingencies Authority—in force 27.10.21 and laid and approved on 02.11.21)

(q) Customs and Excise (Safety and Security) (Bailiwick of Guernsey) (Amendment) (No 2) Regulations 2021

(Billet d’État No XXIII of 2021. Made by the Committee for Home Affairs—in force 03.08.21 and laid on 24.11.21)

(r) Immigration (Bailiwick of Guernsey) (Amendment) (No 2) Rules 2021

(Billet d’État No XXIII of 2021. Made by the Committee for Home Affairs—in force 01.10.21 and laid on 24.11.21)

(s) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 13) Regulations 2021

(Urgent Proposition to the States of Deliberation, 24.11.21. Made by the Civil Contingencies Authority—in force 24.11.21 and laid and approved on 24.11.21)

(t) Customs and Excise (Safety and Security) (Bailiwick of Guernsey) (Amendment) (No 3) Regulations 2021

(Billet d’État No XXV of 2021. Made by the Committee for Home Affairs—in force 11.10.21 and laid on 15.12.21)

(u) Waste Disposal and Recovery Charges Regulations 2021

(Billet d’État No XXV of 2021. Made by the Waste Disposal Authority—in force 01.01.22 and laid on 15.12.21)

(v) Wastewater Charges (Guernsey) Regulations 2021

(Billet d’État No XXV of 2021. Made by the States Trading Supervisory Board—in force 01.01.22 and laid on 15.12.21)

(w) Water Charges (Amendment) Regulations 2021

(Billet d’État No XXV of 2021. Made by the States Trading Supervisory Board—in force 01.01.22 and laid on 15.12.21)

(x) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 11) (Amendment) Regulations 2021

(Billet d’État No XXV of 2021. Made by the Civil Contingencies Authority—in force 20.10.21 and laid on 15.12.21)

(y) Airport Fees (Guernsey and Alderney) Regulations 2021

(Billet d’État No XXV of 2021. Made by the States Trading Supervisory Board—in force 01.04.22 and laid on 15.12.21)

(z) Harbour Dues and Facilities Charges (Guernsey) Regulations 2021 (Billet d’État No XXV of 2021. Made by the States Trading Supervisory Board—in force 01.01.22 and laid on 15.12.21)

(aa) Mooring Charges (Guernsey) Regulations 2021

(Billet d’État No XXV of 2021. Made by the States Trading Supervisory Board—in force 01.04.22 and laid on 15.12.21)

(bb) Pilotage Dues (Guernsey) Regulations 2021

(Billet d’État No XXV of 2021. Made by the States Trading Supervisory Board—in force 01.01.22 and laid on 15.12.21)

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

(a) Health Service Benefit (Amendment and Miscellaneous Provisions) (Guernsey) Law 2021

(Billet d’État No V of 2021—registered 06.09.21. In force on a date to be appointed by Ordinance)

(b) Conditions of Employment (Alderney) Law 2021

(Billet d’État 17.03.21—registered 10.05.21. In force on the expiration of the period of two months commencing on the date on which it is registered on the records of the Island of Alderney)

(Chief Pleas of Sark 07.07.21—registered 18.10.21. In force upon its registration on the records of the Island of Sark)

(d) Abortion (Guernsey) (Amendment) Law 2021

(Billet d’État No XIV of 2021—registered 13.12.21. In force on a date to be appointed by regulations)

(e) Public Thoroughfares (Guernsey) (Amendment) Law 2021

(Billet d’État No XIV of 2021—registered 13.12.21. In force 13.12.21)

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

None during the period under review.

6. RULES OF COURT

None during the period under review.

B. ALDERNEY

1. LAWS APPROVED BY THE STATES OF ALDERNEY

(a) Partnership (Alderney) Law 2021

(Billet d’État 17.11.21. Approved 17.11.21)

This Law makes provision in Alderney in respect of partnerships in very largely the same terms as the Partnership (Guernsey) Law 1995 (“the Guernsey Law”) does in Guernsey, subject to appropriate modifications (for example, powers conferred on the Royal Court in the Guernsey Law are conferred on the Court of Alderney). As such, it makes provision in respect of the nature of partnerships, the relations of partners to third parties, the liability of partners and partnerships, the relations of partners and partnership property (including the variation of partnership terms and the expulsion of partners), and the dissolution of partnerships.

(b) Limited Partnerships (Alderney) Law 2021

(Billet d’État 17.11.21. Approved 17.11.21)

This Law makes provision in Alderney in respect of limited partnerships in very largely the same terms as the Limited Partnerships (Guernsey) Law 1995 (“the Guernsey Law”) does in Guernsey, again subject to appropriate modifications. As such, it makes provision in respect of the formation, conduct and dissolution of limited partnerships, which shall consist of one or more general partners, who shall be jointly and severally liable for the debts of the partnership, and one or more limited partners, who may not participate in the conduct or management of the limited partnership and who shall not be liable for any debts of the partnership beyond the amount they have contributed to the partnership. It differs from the Guernsey Law, however, in providing in addition for limited partners who are “administrative partners”, who (subject to certain protections) may participate in the conduct and management of the limited partnership, and may transact the business of, sign and execute documents for and otherwise bind the limited partnership. In this way an administrative partner would in some ways be in a similar position to a limited partner in a private fund limited partnership formed under the Limited Partnership Act 1907 as amended, though his or her power to act in the management of the partnership business would not be restricted in the same way.

The Law requires every limited partnership established under it to have a registered office in Alderney, and provides for the Alderney Greffier to establish and maintain a Register of Limited Partnerships, in which every limited partnership is required to be registered.

(Billet d’État 17.11.21. Approved 17.11.21)

This Law increases several criminal penalties for offences under the Gambling (Alderney) Law 1999.

2. ORDINANCES APPROVED BY THE STATES OF ALDERNEY

(a) Medicines (Human and Veterinary) (Bailiwick of Guernsey) Law (Amendment) Ordinance 2021

(Approved 22.09.21—in force in force on a date to be appointed by regulations)

(b) Public Holidays (Alderney) Ordinance 2021

(Approved 17.11.21—in force 17.11.21)

(d) Companies (Alderney) (Amendment) Ordinance 2021

(Approved 16.12.21—in force 16.12.21)

(e) Alderney Property Tax (Amendment) Ordinance 2021

(Approved 16.12.21—in force 01.01.22)

(f) Occupier’s Rate (Level for 2022) Ordinance 2021

(Approved 16.12.21—in force 01.01.22)

3. REGULATIONS LAID BEFORE THE STATES OF ALDERNEY

(a) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 8) Regulations 2021

(Laid before the States of Alderney on 20.10.21)

(b) Emergency Powers (Coronavirus) (Vaccine) (Limitation of Liability) (No 8) (Bailiwick of Guernsey) Regulations 2021

(Laid before the States of Alderney on 20.10.21)

(d) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 9) (Amendment) Regulations 2021

(Laid before the States of Alderney on 20.10.21)

(e) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 9) (Amendment) (No 2) Regulations 2021

(Laid before the States of Alderney on 20.10.21)

(f) Emergency Powers (Coronavirus) (Vaccine) (Limitation of Liability) (No 9) (Bailiwick of Guernsey) Regulations 2021

(Laid before the States of Alderney on 20.10.21)

(g) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 10) Regulations 2021

(Laid before the States of Alderney on 20.10.21)

(h) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 10) (Amendment) Regulations 2021

(Laid before the States of Alderney on 20.10.21)

(i) Emergency Powers (Coronavirus) (Vaccine) (Limitation of Liability) (No 10) (Bailiwick of Guernsey) Regulations 2021

(Laid before the States of Alderney on 20.10.21)

(j) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 11) Regulations 2021

(Laid before the States of Alderney on 20.10.21)

(k) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 11) (Amendment) Regulations 2021

(Laid before the States of Alderney on 17.11.21)

(l) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 12) Regulations 2021

(Laid before the States of Alderney on 17.11.21)

(m) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 13) Regulations 2021

(Laid before the States of Alderney on 16.12.21)

(n) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 13) (Amendment) Regulations 2021

(Laid before the States of Alderney on 16.12.21)

C. SARK

1. LAWS APPROVED BY THE CHIEF PLEAS OF SARK

(a) Reform (Sark) (Amendment) Law 2021

(Billet d’État 17.11.21. Approved 17.11.21)

This Law makes permanent provision for emergency procedures in relation to meetings of the Chief Pleas and committees broadly similar to those introduced by emergency regulations during restrictions imposed during the Covid-19 pandemic. The provisions will only apply upon the making of a determination by the Speaker, upon representations from the Civil Contingencies Authority, that an emergency situation exists which make it appropriate for the new Part (Emergency Procedures) to apply. The new Part includes: provision enabling meetings to be held remotely; proxy voting in certain circumstances; a reduced quorum; modification of rules of procedure for remote meetings; and the power by Ordinance to defer elections (for not more than 6 months) and to allow postal voting.

(b) Compulsory Purchase (Electricity) Law 2021

(Billet d’État 21.12.21. Approved 21.12.21)

Following threats to discontinue the generation and supply to the public of electricity on Sark, this Law provides a mechanism for Chief Pleas compulsorily to purchase the assets of Sark Electricity Ltd and any holding or subsidiary company (“SEL”) in exchange for the payment of compensation, in a sum to be determined in accordance with the provisions of Schedule 2 to the Law (“the statutory compensation”).

The Law provides, at s 2, for those assets to be transferred to Chief Pleas at 9am on “the relevant day”, at which time (under s 4(1)) the statutory compensation shall be payable by Chief Pleas (and be recoverable as a debt and carry interest at the same rate as a judgment debt), and (under s 3(1)) contracts and leases of real property to which SEL is a party shall continue to have effect in accordance with their terms as if Chief Pleas was substituted as a party thereto for SEL. Section 1 defines “the relevant day” for the purposes of the Law as seven days after a binding agreement is entered into between Chief Pleas and SEL under para 5(3) of Schedule 2 or the day appointed for the purpose by an order made under para 6 of that Schedule, as the case may be.

Section 3(2) provides that Chief Pleas shall not be liable for any breach of contract, breach of the terms of a lease, or other act or failure to act by SEL committed or done after 21 June 2021. (The significance of this date is that it is the date of the resolution of Chief Pleas mandating the preparation of the legislation.) Section 3(3) confers on the Policy & Finance Committee of Chief Pleas (“the Committee”) the power to make regulations modifying the

application of sub-s (1) or (2) for the purpose of preventing any unfairness to a third party, and provides that this power includes the power to suspend the application of either subsection.

Section 4(2) provides that the statutory compensation shall not be recoverable as a civil debt nor carry interest in circumstances where Chief Pleas have offered to make payment and cannot do so as a result of actions of SEL, or where in all the circumstances it is not reasonable that the subsection should apply.

Section 5 is a standard form exclusion of liability provision for persons undertaking functions under the Law, and s 6 is concerned with the service of notices under the Law. Section 7 is concerned with regulations under the Law, and provides that the committee must consult Her Majesty’s Procureur, and take into account her advice, before making regulations under s 2 or s 3.

Section 8 is the interpretation clause. Sub-section (2) provides that where, after having consulted Her Majesty’s Procureur, the Committee is satisfied that all or most of the assets of SEL were transferred to a third party on or after 21 June for the purpose of frustrating the operation of the Law, the Committee may apply to the Court of the Seneschal for an order that references in this Law to SEL are to be construed as including references to that third party, and that on the making of such an order, this Law shall be construed and applied in accordance with its terms. Subsection (4) requires that notice of an application for such an order must be given to the third party in question and SEL.

Section 9 is the citation clause, and s 10 is the commencement clause.

Schedule 1 identifies the assets to be transferred under the Law.

Schedule 2 is concerned with the process by which the statutory compensation is to be determined. Paragraph 1 provides that within 30 days of the commencement of the Law, SEL and the Committee may jointly appoint a valuer to determine the value of the assets and interests to be transferred. It also sets out some definitions for the purposes of the Schedule, including “the parties” as meaning SEL and the Committee (on behalf of Chief Pleas). Paragraph 2 provides that if no appointment is made within that period of 30 days, either party may apply to the Court of the Seneschal for an order appointing a person to be the valuer, and para 3 provides that within 14 days of such an order being made, either party may apply to the Royal Court for an order setting aside the order of the Court of the Seneschal and appointing another specified person as the valuer. It also specifies the possible grounds of such an application, and that it shall be made in such manner as the Royal Court thinks fit.

Paragraph 4 confers on a person appointed as the valuer by a court the right to apply to the appointing court for such directions in respect of the preparation of the valuation as the court thinks fit, and provides that any costs reasonably incurred by the valuer in making such an application shall be borne by Chief Pleas. Paragraph 5 provides that

the valuer’s reasonable costs of the valuation shall be borne by Chief Pleas, and that when the valuer has undertaken the valuation he or she is required to serve a notice on the parties setting out the amount of the valuation and any supporting or explanatory information. Sub- paragraph (3) provide that unless an application is instituted within 28 days of the date of the notice of the valuation under para 6, a binding agreement to sell the relevant assets and interests for the valuation sum shall be deemed to have been entered into for the purposes of s 1(a) 56 days after service of the notice on the parties.

Paragraph 6 provides that either the party may apply to the Royal Court within that period of 56 days for an order setting aside the valuation, specifying a new valuation sum, and appointing the relevant day for the purposes of s 1. It also specifies the grounds of such an application, and that it shall be instituted within a period of 28 days immediately following the date of the notice of the valuation, and in such manner as the Royal Court thanks fit. Paragraph 7 is a standard form provision providing for an appeal from a decision of the Royal Court to lie, with the leave of the Royal Court or the Court of Appeal, to the Court of Appeal on a question of law.

2. ORDINANCES APPROVED BY THE CHIEF PLEAS OF SARK

(a) Medicines (Human and Veterinary) (Bailiwick of Guernsey) Law (Amendment) Ordinance 2021

(Approved 06.10.21—in force on a date to be appointed by regulations)

(b) Saisie (Sark) Ordinance 2021

(Approved 06.10.21—in force 01.11.21)

(Approved 17.11.21—in force 17.11.21)

(d) Itinerant Hawkers (Amendment) (Sark) Ordinance 2021

(Approved 17.11.21—in force 01.01.22)

(e) Tourism (Accommodation Permits) (Fees) (Sark) Ordinance 2021

(Approved 17.11.21—in force 01.01.22)

(f) Direct Taxes for 2022 (Sark) Ordinance 2021

(Approved 17.11.21—in force 17.11.21)

3. REGULATIONS LAID BEFORE THE CHIEF PLEAS OF SARK

(a) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 7) (Amendment) Regulations 2021