Summary Of Legislation

SUMMARY OF LEGISLATION

BAILIWICK OF JERSEY

1 January–30 April 2022

1. LAWS ADOPTED BY THE STATES

(a)    Financial Services Commission (Amendment No 8) (Jersey) Law 202-

        (P.104/2021—adopted in 3rd reading, 19.1.2022)

This Law amends the Financial Services Commission (Jersey) Law 1998 to make key persons and persons who perform or performed a senior management function liable to civil penalties for breaches of certain enactments and Codes of Practice issued by the Commission.

(b)   Proceeds of Crime (Supervisory Bodies) (Amendment No 2) (Jersey) Law 202-

        (P.109/2021—adopted in 3rd reading, 19.1.2022)

This Law amends the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008 to remove the levels of registration in relation to registration with a supervisory body and to provide for all applicants for registration to meet the same requirements.

(c)   Children and Young People (Jersey) Law 202-

        (P.107/2021—adopted in 3rd reading, 8.2.2022)

This Law make provision to promote and support the wellbeing, and safeguard the welfare, of children and young people including, in particular, the provision of services or support to meet the assessed wellbeing or health or development needs of children in care, or young people leaving care.

(d)   Commercial Vehicles (Licensing of Operators) (Jersey) Law 202-

        (P.118/2021—adopted in 3rd reading, 9.2.2022)

This Law requires operators of goods vehicles over 3.5 tonnes to hold an operator’s licence and to be of good repute and to appoint professionally competent transport managers.

(e)    Taxation (Enveloped Property Transactions) (Jersey) Law 202-

        (P.119/2021—adopted in 3rd reading, 9.2.2022)

This Law makes provision to create a new tax (the Enveloped Property Transaction Tax) on certain transactions. A transaction attracts liability to tax if it is one by which a person (or connected persons) acquires more than 50% of the beneficial ownership of an entity which owns land in Jersey. The market value of the land must exceed £500,000 in the case of property used for domestic purposes or £700,000 in the case of property used for non-domestic purposes.

(f)    Connétables (Amendment No 3) (Jersey) Law 202-

        (P.122/2021—adopted in 3rd reading, 10.2.2022)

This Law amends the Connétables (Jersey) Law 2008 to make provision about the process for, and effective date of, the resignation of a Connétable. It also makes provision about the consequences of a court-ordered resignation.

(g)   Proceeds of Crime (Amendment No 5) (Jersey) Law 202-

        (P.123/2021—adopted in 3rd reading, 10.2.2022)

This Law amends the Proceeds of Crime (Jersey) Law 1999 to provide for instrumentalities forfeiture orders in relation to property used or intended to be used in criminal conduct.

(h)   Court of Appeal (Amendment No 9) (Jersey) Law 202-

        (P.125/2021—adopted in 3rd reading, 10.2.2022)

This Law amends the Court of Appeal (Jersey) Law 1961 to make provision for instrumentalities forfeiture orders.

(i)    Royal Court (Amendment No 16) (Jersey) Law 202-

        (P.126/2021—adopted in 3rd reading, 10.2.2022)

This Law makes changes to the Royal Court (Jersey) Law 1948 with respect to Jurats, most particularly by adding a new mechanism to allow for retirement before the age of 72, being the age when a Jurat otherwise ceases to hold office.

(j)    Ecclesiastical Legislation (Consequential Amendments) (Jersey) Law 202-

        (P.10/2022—adopted in 3rd reading, 2.3.2022)

This Law makes amendments to Jersey legislation consequential on the attachment of Jersey to the Church of England Diocese of Salisbury instead of the Diocese of Winchester. In some cases, this has involved a direct substitution of “Salisbury” for “Winchester” though in others the change has been effected differently.

(k)   Marriage and Civil Status (Amendment No 5) (Jersey) Law 202-

        (P.6/2022—adopted in 3rd reading, 2.3.2022)

This Law amends the Marriage and Civil Status (Jersey) Law 2001. It is an associated Law which is being moved in conjunction with the Civil Partnership (Amendment) (Jersey) Law 202- (P.7/2022). The principal purpose of the Law to which this note relates is to eliminate the possibility of two people, at least one of whom is a minor, from marrying in Jersey, or, if one of them is domiciled in Jersey, from marrying anywhere in the world, but it also makes a number of minor refinements and corrections to the 2001 Law and the Marriage and Civil Status (Jersey) Order 2018.

(l)    Civil Partnership (Amendment) (Jersey) Law 202-

        (P.7/2022—adopted in 3rd reading, 2.3.2022)

This Law amends the Civil Partnership (Jersey) Law 2012 to make provision in connection with opposite sex civil partnerships, the raising of the age at which people may enter into a civil partnership and the assumption of statutory responsibility for the registration of civil partnerships in some parishes by the Superintendent Registrar (see the new art 41A of the Marriage and Civil Status (Jersey) Law 2001 inserted by the Marriage and Civil Status (Amendment No 5) (Jersey) Law 202- (P.6/2022).

(m)  Children (Arrangements to Assist Children to Live Outside Jersey) (Amendment) (Jersey) Law 202-

        (P.9/2022—adopted in 3rd reading, 2.3.2022)

This Law amends the Children (Jersey) Law 2002 to clarify that the court (i.e., the Royal Court as defined by the Children Law) may approve arrangements for a child who is in the care of the Minister for Children and Education to live outside Jersey whether with people with parental responsibility for that child, other suitable individuals, or in any suitable type of residential accommodation.

(n)   Children (Convention Rights) (Jersey) Law 202-.

        (P.19/2022—adopted in 3rd reading, 30.3.2022)

This Law makes provision for and in connection with giving further effect in Jersey to the rights and obligations set out in the United Nations Convention on the Rights of the Child Persons who are described as “duty-bearers” under this Law will be required to have due regard to the requirements of the Convention whenever certain decisions are to be taken by them which may have a direct or indirect impact on children. This Law also takes the opportunity to make minor housekeeping amendments to the Commissioner for Children and Young People (Jersey) Law 2019.

(o)   Police (Complaints and Conduct) (Jersey) Law 202-

        (P.22/2022—adopted in 3rd reading, 30.3.2022)

This Law repeals and replaces the Police (Complaints and Discipline) (Jersey) Law 1999. The Jersey Police Complaints Authority established under that Law will be replaced by the Jersey Police Complaints Commission and this Law will refresh and replace provisions dealing with complaints about the conduct of police officers or people undertaking certain functions of police officers, and the disciplining of police officers. This Law will also make a number of consequential and miscellaneous amendments to the States of Jersey Police Force Law 2012.

(p)   Control of Housing and Work (Amendment) (Jersey) Law 202-

        (P.13/2022—adopted in 3rd reading, 30.3.2022)

This Law amends the Control of Housing and Work (Jersey) Law 2012 to remove the requirement for registration cards and to replace it with a wider scheme, much of which will be contained in secondary legislation, requiring most adults who live and work in Jersey to have an “appropriate status” (or, in the case of corporate persons carrying on business here, to have an ‘appropriate licence’) to do so.

(q)   Banking Business (Amendment No 9) (Jersey) Law 202-

        (P.20/2022—adopted in 3rd reading, 30.3.2022)

This Law amends the Banking Business (Jersey) Law 1991 in order to extend the supervisory powers of the Jersey Financial Services Commission to auditors of any bank whether it is a “Jersey incorporated bank”, a “Jersey branch” or an “overseas incorporated bank”.

(r)     Employment (Amendment No 12) (Jersey) Law 202-

        (P.21/2022—adopted in 3rd reading, 30.3.2022)

This Law amends the Employment (Jersey) Law 2003 to make exclusivity clauses in zero hours contracts unenforceable by the employer against the employee.

(s)     Covid-19 (Enabling Provisions) (Amendment No 4) (Jersey) Law 202-

        (P.27/2022—adopted in 3rd reading, 30.3.2022)

This Law amends the Covid-19 (Enabling Provisions) (Jersey) Law 2020, for the fourth time, in order that the Enabling Law will be extended from its present expiry date on 1 August up to the end of 16 December 2022.

(t)     Proceeds of Crime (Amendment No 6) (Jersey) Law 202-

        (P.24/2022—adopted in 3rd reading, 31.3.2022).

This Law amends the Proceeds of Crime (Jersey) Law 1999 in keeping with the FATF International Standards on Combating Money Laundering and the Financing of Terrorism & Proliferation—the FATF Recommendations.

(u)   Limited Liability Companies (Amendment No 2) (Jersey) Law 202-

        (P.30/2022—adopted in 3rd reading, 31.3.2022)

This Law amends the Limited Liability Companies (Jersey) Law 2018 to make miscellaneous amendments before the principal Law is brought into force. The amendments to the principal Law made by this Law must be read in conjunction with the amendments made by the Limited Liability Companies (Amendment) (Jersey) Law 2020 which are pending. The principal Law and all the amendments are set to come into force at the same time.

(v)   Planning and Building (Amendment No 8) (Jersey) Law 202-

        (P.76/2021—adopted in 3rd reading, 25.4.2022)

This Law makes numerous and varied further amendments to the Planning and Building (Jersey) Law 2002.

(w)  States of Jersey (Amendment—Remuneration of Elected Members) (Jersey) Law 202-

        (P.40/2022—adopted in 3rd reading, 25.4.2022)

This Law amends the States of Jersey Law 2005 to provide for the production, by an external reviewer selected according to this Law, of a report fixing the appropriate amount of remuneration and allowances for States’ members.

(x)   Official Analyst (Jersey) Law 202-

        (P.41/2022—adopted in 3rd reading, 25.4.2022)

This Law makes provision for the Official Analyst and the office of the Official Analyst.

(y)   Proceeds of Crime (Amendment No 7) (Jersey) Law 202-

        (P.51/2022—adopted in 3rd reading, 27.4.2022)

This Law amends the Proceeds of Crime (Jersey) Law 1999 to introduce two new offences—failing to prevent a person associated with a financial services business committing an offence of money laundering and liability of a person for an offence committed by a financial services business when committed with the consent or connivance of that person.

(z)    Sanctions and Asset-Freezing (Amendment No 2) (Jersey) Law 202-

        (P.53/2022—adopted in 3rd reading, 27.4.2022)

This Law amends the Sanctions and Asset-Freezing (Jersey) Law 2019. The Law forms part of the preparation for the Island’s assessment by the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL).

(za)  Limited Partnerships (Amendment No 2) (Jersey) Law 202-

        (P.54/2022—adopted in 3rd reading, 27.4.2022)

This Law amends the Limited Partnerships (Jersey) Law 1994. The Law sets out the new statutory process for terminating a limited partnership registered in Jersey and makes enhancements to the existing Law to improve its flexibility, clarity and to reflect modern improvements made to equivalent laws in competitor jurisdictions.

(zb)  Non-Profit Organisations (Miscellaneous Amendments) (Jersey) Law 202-

        (P.56/2022—adopted in 3rd reading, 27.4.2022)

This Law amends various pieces of legislation in respect of non-profit organizations.

(zc)  Domestic Abuse (Jersey) Law 202-

        (P.69/2022—adopted in 3rd reading, 28.4.2022)

This Law creates a new criminal offence of domestic abuse. The Law allows the courts to issue domestic abuse protection orders, which are orders of potentially indefinite duration that are issued to prevent a person who has committed domestic abuse or a similar offence from committing further domestic abuse. It also allows the courts to require a person who has been convicted of domestic abuse or a similar offence to provide information to police.

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

(a)    Electronic Communications (Amendment No 2) (Jersey) Law 2022

        (L.1/2022—registered 25.2.2022. In force 11.3.2022)

(b)   Taxation (Income Tax, Goods and Services Tax and Revenue Administration) (Amendment) (Jersey) Law 2022

        (L.2/2022—registered 25.2.2022. In force 4.3.2022)

(c)   Covid-19 (Enabling Provisions) (Amendment No 3) (Jersey) Law 2022

        (L.3/2022—registered 18.3.2022. In force 25.3.2022)

(d)   Health Insurance Fund (Miscellaneous Provisions) (Amendment No 3) (Jersey) Law 2022

        (L.4/2022—registered 18.3.2022. In force 1.1.2022)

(e)    Finance (2022 Budget) (Jersey) Law 2022

        (L.5/2022—registered 18.3.2022. Not in force)

(f)     Proceeds of Crime (Supervisory Bodies) (Amendment No 2) (Jersey) Law 2022

        (L.6/2022—registered 18.3.2022. In force 25.3.2022)

(g)   Police Act 1997 (Criminal Records and Registration) (Jersey) (Amendment) Regulations 2022

        (R&O.46/2022—registered 8.4.2022. In force 15.4.2022)

(h)   Court of Appeal (Amendment No 9) (Jersey) Law 2022

        (L.7/2022—registered 14.4.2022. In force 21.4.2022)

(i)     Proceeds of Crime (Amendment No 5) (Jersey) Law 2022

        (L.8/2022—registered 14.4.2022. In force 21.4.2022)

(j)     Children (Arrangements to Assist Children to Live Outside Jersey) (Amendment) (Jersey) Law 2022

        (L.9/2022—registered 22.4.2022. In force 23.4.2022)

(k)   Connétables (Amendment No 3) (Jersey) Law 2022

        (L.10/2022—registered 22.4.2022. In force 29.4.2022)

(l)     Financial Services Commission (Amendment No 8) (Jersey) Law 2022

        (L.11/2022—registered 22.4.2022. In force 29.4.2022)

(m)  Royal Court (Amendment No 16) (Jersey) Law 2022

        (L.12/2022—registered 22.4.2022. In force 29.4.2022)

3. LAWS BROUGHT INTO FORCE

(a)    Bank (Recovery and Resolution—Commencement of Law) (Jersey) Act 2022

        (R&O.2/2022—in force 19.1.2022)

This Act brings into force the whole of the Bank (Recovery and Resolution) (Jersey) Law 2017 on 31 January 2022.

(b)   Elections (Miscellaneous Amendments—Commencement) (Jersey) Act 2022

        (R&O.4/2022—in force 19.1.2022)

This Act brings into force the provisions of the Elections (Miscellaneous Amendments) (Jersey) Law 2021, apart from art 6 and Part 3, on 20 January 2022. Part 3 of that Law comes into force on 22 April 2022.

(c)   Act declaring that the Taxation (Enveloped Property Transactions) (Jersey) Law 202- has immediate effect

        (R&O.17/2022—in force 10.2.2022)

The Act gives immediate effect to the Taxation (Enveloped Property Transactions) (Jersey) Law 202- (P.119/2021), (adopted by the States on 9 February 2022), as if it were a Law sanctioned by the Privy Council and registered in the Royal Court.

(d)   Limited Liability Companies (Commencement) (Jersey) Act 2022

        (R&O.39/2022—in force 31.3.2022)

This Act brings into force the Limited Liability Companies (Jersey) Law 2018, apart from art 12, on 1 September 2022. The Act also brings into force the Limited Liability Companies (Amendment) (Jersey) Law 2020, apart from art 7, on 1 September 2022.

4. REGULATIONS MADE BY THE STATES

(a)    Bank (Recovery and Resolution—Amendment of Law) (Jersey) Regulations 2022

        (R&O.1/2022—in force 31.1.2022)

These Regulations amend art 72 of the Bank (Recovery and Resolution) (Jersey) Law 2017. When the Law comes into force, that Article will require banks to include in their contractual documents a contractual term by which the other party recognises that certain liabilities may be subject to the write down or conversion power (the “bail-in”) in the Law.

(b)   Elections (Transitional Provisions) (Jersey) Regulations 2022

        (R&O.3/2022—in force 20.1.2022)

These Regulations make transitional provision in connection with the commencement of amendments made by the Elections (Miscellaneous Amendments) (Jersey) Law 202- (“the Amendments Law”). The transitional provision relates to any by-election for a Connétable held during the period between commencement of those amendments and 22 June 2022 (the date of the next ordinary election).

(c)   Companies (Amendment No 8) (Jersey) Regulations 2022

        (R&O.13/2022—in force 1.3.2022)

These Regulations amend Part 21 of the Companies (Jersey) Law 1991 to make provision for the winding up of a company on the application of a creditor.

(d)   Financial Services (Amendment of Law No 6) (Investment Business) (Jersey) Regulations 2022

        (R&O.14/2022—in force 15.2.2022)

These Regulations amend of Financial Services (Jersey) Law 1998 to insert a definition for the term “subscription” so that, for the purposes of art 2(2)(c)(i) of that Law in relation to a pension scheme, it includes the application or arrangement to participate in or pay into the pension scheme.

(e)    Official Controls (Animals, Food, Feed and Plant Health etc.) (Jersey) Regulations 2022

        (R&O.15/2022—in force 15.2.2022)

These Regulations allow the continued implementation Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products with the modifications necessary to ensure its continued operation following the United Kingdom’s exit from the EU. These Regulations also implement in Jersey other EU legislation connected with official controls.

(f)     Social Security (Amendment of Law—Minimum Earnings Threshold) (No 2) (Jersey) Regulations 2022

        (R&O.16/2022—in force 16.2.2022)

These Regulations amend the Social Security (Jersey) Law 1974 to provide for the amount of the Class 1 minimum earnings threshold to be specified in the Law, instead of by Order made under that Law. It would also provide for the amount of the threshold to be adjusted annually, with the amount of the adjustment determined by reference to changes in the minimum wage.

(g)   Proceeds of Crime (Enforcement of Confiscation Orders) (Amendment) (Jersey) Regulations 2022

        (R&O.18/2022—not in force)

These Regulations amend the Proceeds of Crime (Enforcement of Confiscation Orders) (Jersey) Regulations 2008 to make them applicable to instrumentalities forfeiture orders.

(h)   Trade Marks, Registered Designs and Patents (Application Forms) (Jersey) Regulations 2022

        (R&O.24/2022—in force 9.3.2022)

These Regulations amend three Laws relating to intellectual property to allow the Judicial Greffier to publish application forms on a website, including allowing interactive online forms to be used on the website. That would replace the current requirements for static paper-based forms to be prescribed by a Ministerial Order or by rules of court.

(i)     Public Elections (Donations to Political Parties—Threshold Amount) (Jersey) Regulations 2022

        (R&O.25/2022—in force 3:04 p.m. on 2.3.2022)

These Regulations specify the “threshold amount” for the purposes of art 13A of the Public Elections (Expenditure and Donations) (Jersey) Law 2014. That article requires the treasurer of a political party to deliver a written declaration to the Jersey Electoral Authority of a “reportable donation” within four weeks of receiving it. A donation is “reportable” if its amount or value exceeds a certain “threshold amount”, or if the total amount or value of that donation and any others made by the same donor within the preceding three months exceeds the threshold amount.

(j)     Shipping (Registration) (Amendment—Sanctions) (Jersey) Regulations 2022

        (R&O.26/2022—in force 3.3.2022)

These Regulations amend the Shipping (Registration) (Jersey) Regulations 2004 to provide for the implementation of sanctions in relation to the registration of ships.

(k)   Criminal Procedure (Consequential Amendments—Access to Justice) (Jersey) Regulations 2022

        (R&O.33/2022—in force 1.4.2022)

These Regulations amend the Access to Justice (Jersey) Law 2019 to update an outdated reference in that Law to the Magistrate’s Court (Miscellaneous Provisions) (Jersey) Law 1949 so that it references the correct provision in the Criminal Procedure (Jersey) Law 2018.

(l)     Income Tax (Amendment of Law—Limited Liability Companies) (Jersey) Regulations 2022

        (R&O.34/2022—in force 1.9.2022)

These Regulations amend the Income Tax (Jersey) Law 1961 to provide for the tax treatment of limited liability companies (“LLCs”).

(m)  Covid-19 (Amendments—Extensions to September 2022) (Jersey) Regulations 2022

        (R&O.35/2022—in force 1.4.2022)

These Regulations make amendments to temporary Covid 19 provisions in 11 items of legislation to extend the expiry dates of those provisions from the end of 30 April 2022 to the end of 30 September 2022.

(n)   Limited Liability Companies (Winding Up and Dissolution) (Jersey) Regulations 2022

        (R&O.36/2022—not in force)

These Regulations provide for the winding up and dissolution of limited liability companies.

(o)   Limited Liability Companies (General Provisions) (Jersey) Regulations 2022

        (R&O.37/2022—in force 1.9.2022)

These Regulations prescribe general provisions in respect of limited liability companies registered under the Limited Liability Companies (Jersey) Law 2018.

(p)   Limited Liability Companies (Consequential Amendments) (Jersey) Regulations 2022

        (R&O.38/2022—in force 1.9.2022)

These Regulations make consequential changes to various laws in order for the Limited Liability Companies (Jersey) Law 2018 to be brought into force.

(q)   Proceeds of Crime (Financial Intelligence) (Amendment) (Jersey) Regulations 2022

        (R&O.40/2022—not in force)

These Regulations amend the Proceeds of Crime (Financial Intelligence) (Jersey) Regulations 2015 to designate the Jersey Financial Intelligence Unit as the financial intelligence unit in Jersey and provide for its governance and the exercise of its functions. The Regulations also make consequential amendments to three other enactments.

(r)     Sea Fisheries and Aquatic Resources (Portelet Bay) (Jersey) Regulations 2022

        (R&O.51/2022—in force 2.5.2022)

These Regulations define the area to be known as the “Portelet no-take zone”, and provide that it is an offence under the Sea Fisheries (Jersey) Law 1994 for a person to remove any fish or shellfish from the Portelet no-take zone, or to use a fishing boat. The Regulations further provide that it is an offence under the Aquatic Resources (Jersey) Law 2014 to remove any marine aquatic species other than fish or shellfish from the Portelet no-take zone. The restriction does not apply to fishing for sea fish which is conducted, under the authority of the Minister, for scientific research or for transplanting fish from one fishing ground to another.

(s)     Stamp Duties and Fees (Amendment of Law—No 5) (Jersey) Regulations 2022

        (R&O.52/2022—in force 2.5.2022)

These Regulations amend the judicial fees set out in the Stamp Duties and Fees (Jersey) Law 1998. These fees are charged for civil actions in the Petty Debts Court or the Royal Court.

(t)     Shipping (Registration) (Amendment No 2) (Jersey) Regulations 2022

        (R&O.53/2022—in force 2.5.2022)

These Regulations amend the Shipping (Registration) (Jersey) Regulations 2004, in particular by updating the list of persons who may be registered in the register of Jersey ships as the owner of a ship other than a fishing vessel, or as the owner of a share in such a ship.

(u)   Regulation of Care (Regulated Activities) (Amendment of Law) (Jersey) Regulations 2022

        (R&O.55/2022—not in force)

These Regulations amend the Regulation of Care (Jersey) Law 2014. The amendments insert into the Law a set of new regulated activities in respect of the provision of health or social care services for, or in respect of, children and young people. The Regulations also make consequential amendments to other enactments as a result of the amendment to the Law.

(v)   Regulation of Care (Standards and Requirements) (Amendment) (Jersey) Regulations 2022

        (R&O.56/2022—not in force)

These Regulations amend the Regulation of Care (Standards and Requirements) (Jersey) Regulations 2018. The principal effect of the amendments will be to specify new requirements that must be complied with by either or both of the registered provider and registered manager (as defined in the Regulation of Care (Jersey) Law 2014) in relation to new specified regulated activities under the Law. Those new regulated activities will relate to the provision of health or social care services for, or in respect of, children and young people.

(w)  Regulation of Care (Transitional Provisions) (Jersey) Regulations 2022

        (R&O.57/2022—not in force)

These Regulations will, in respect of registered providers under the Regulation of Care (Jersey) Law 2014, provide for the transition of registered providers of care home services to become registered providers of children’s home services and for registered providers of home care services to become registered providers of children and family community nursing services.

(x)   Unlawful Public Entertainments (Jersey) Regulations 2022

        (R&O.58/2022—in force 21.7.2022)

These Regulations replace the Unlawful Public Entertainments (Jersey) Regulations 2019 on their expiry, and will expire after two years. It will remain an offence to hold a public entertainment without the permission of the Bailiff, or to contravene a condition on that permission.

5. OTHER SUBORDINATE LEGISLATION OF NOTE

(a)    Covid-19 (Workplace Restrictions—Repeal) (Jersey) Order 2022

        (R&O.9/2022—in force 1.2.2022)

This Order repeals the Covid-19 (Workplace Restrictions) (Jersey) Order 2020, thereby removing the remaining restrictions on workplaces, including the requirements to wear masks and for visitors to provide contact tracing data.

(b)   Covid-19 (Screening, Assessment and Isolation—Partial Suspension) (Jersey) Order 2022

        (R&O.10/2022—in force 7.2.2022)

This Order suspends the effect of reg 4 of the Covid-19 (Screening, Assessment and Isolation) (Jersey) Regulations 2020. That Regulation currently requires travellers to self-isolate on arriving in Jersey unless given written permission by an authorised officer to do otherwise (subject to certain exceptions). The suspension starts on Monday 7 February 2022 and continues indefinitely unless this Order is revoked. However, the suspended Regulation, and all of the rest of the Covid-19 (Screening, Assessment and Isolation) (Jersey) Regulations 2020, are currently due to expire at the end of 30 April 2022, at which point this Order will no longer have any effect.

(c)   Emergency Powers and Planning (Medicines and Vaccines—Covid-19) (Sixth Period) (Jersey) Order 2022

        (R&O.20/2022—in force 5.3.2022)

This Order provides for the continuation of relaxed controls on medicines to facilitate a plan for vaccination against Covid-19.

(d)   Public Holidays and Bank Holidays (Amendment No 4) (Jersey) Act 2022

        (R&O.23/2022—in force 9.3.2022)

This Act amends the Public Holidays and Bank Holidays (Jersey) Act 2010 to make provision for Thursday 2 June 2022 to be observed as a public holiday instead of the last Monday in May 2022, and for Friday 3 June 2022 to be observed as a public holiday. These changes are in recognition of the Queen’s Platinum Jubilee. The amendment also removes a spent provision for a past public holiday in 2021.

(e)    Covid-19 (Screening, Assessment and Isolation—Suspension of Powers) (Jersey) Order 2022

        (R&O.61/2022—in force 29.4.2022)

This Order suspends the effect of regs 6–11, 12(2) and 13 of the Covid-19 (Screening, Assessment and Isolation) (Jersey) Regulations 2020. The suspension removes the powers of authorised officers to require compulsory screening, assessment and isolation of people infected or potentially infected with Covid-19.

6. RULES OF COURT

(a)    Royal Court (Amendment No 27) Rules 2022

        (R&O.11/2022—in force 10.2.2022)

These Rules amend Part 17 of the Royal Court Rules 2004 to add to the list the types of non-contentious business generally able to be transacted before the Judicial Greffier in chambers.

 

(b)   Judgments (Reciprocal Enforcement) (Amendment) Rules 2022

        (R&O.12/2022—in force 10.2.2022)

These Rules amend the Judgments (Reciprocal Enforcement) Rules 1961 to enable a judgment creditor in the Petty Debts Court to apply to the Judicial Greffier for the judgment to be entered as a judgment of the Royal Court. The Rules also deletes r 2 of the 1961 Rules.

 

 



BAILIWICK OF GUERNSEY

1 January–30 April 2022

A. GUERNSEY

1. LAWS APPROVED BY THE STATES OF DELIBERATION

(a)    Economic and Financial Crime Bureau and Financial Intelligence Unit (Bailiwick of Guernsey) Law 2022

        (Billet d’État No I of 2022. Approved 26.01.22)

This Law creates the office of the Director of the Economic and Financial Crime Bureau, who will be appointed by the Committee for Home Affairs.

     The Law sets out the functions of the office holder, which are to investigate money laundering, terrorist financing, sanctions breaches and all other forms of economic and financial crime, to identify and trace the proceeds of crime, to assist the Law Officers with their economic and financial crime functions when requested, and to exercise the powers available to police officers and customs officers under various enactments that are relevant to economic and financial crime.

     In addition, the Law makes provision for the composition, functions, funding and oversight of the Financial Intelligence Unit. This includes the power of the Director of the Economic and Financial Crime Bureau to appoint the Head of the Financial Intelligence Unit, to set the budget available to that person and to provide that person with guidance about the strategic direction of the Financial Intelligence Unit. The Law also includes a requirement for consultation with the Committee for Home Affairs in these areas and a process whereby the Committee for Home Affairs may set the budget of the Financial Intelligence Unit or give a direction about its resources more widely in the event of any disagreement between the Director of the Economic and Financial Crime Bureau and the Head of the Financial Intelligence Unit on these matters.

     The Law also makes a number of consequential amendments to other enactments.

(b)   Customs and Excise (General Provisions) (Bailiwick of Guernsey) (Amendment) Law 2022

        (Billet d’État No IV of 2022. Approved 16.02.22)

This Law amends the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972 (“the 1972 Law”). The amendments are designed to enable the speedy and efficient delivery or disposal of items seized by Customs as liable to forfeiture, in particular plant material or perishables such as food.

     Sections 1 to 4 amend para 15 of the First Schedule to the 1972 Law, to allow Her Majesty’s Procureur or Comptroller to give advance and general approval for the delivery or disposal of goods seized as liable to forfeiture, and to delegate the power to give such approval to an officer of Customs and Excise.

(c)   Beneficial Ownership (Miscellaneous Amendments) (Guernsey) Law 2022

        (Billet d’État No IV of 2022. Approved 16.02.22)

This Law amends the Beneficial Ownership of Legal Persons (Guernsey) Law 2017 (“the Beneficial Ownership Law”) in several ways.

     Section 1 contains amendments that enlarge the functions of the Registrar of Beneficial Ownership (“the Registrar”) to include ensuring the accuracy of information relating to nominee relationships, specify the type of beneficial ownership information that must be provided in the case of corporate beneficial owners, remove the reference to a legal person having no beneficial owners, and specify the factors that the Registrar should take into account when deciding whether to make a resident agent disqualification order.

     The amendments at s 1 also revise the definition of “relevant legal person”, introduce prohibitions in relation to the use of bearer securities, and give the Revenue Service the power to inspect the beneficial ownership register.

     In addition, the amendments at s 1 extend the information gathering powers of the Registrar to deal with the assessment of risk, and to cover the situation where a legal person is in administration or liquidation, to enable information to be obtained from a liquidator, administrator or equivalent person.

     Section 2 makes amendments to the Foundations (Guernsey) Law 2012 to ensure consistency with other commercial legislation, in particular in respect of the resignation of the resident agent.

     Section 3 makes amendments to the Companies (Guernsey) Law 2008 to extend the information gathering powers of the Registrar of Companies to deal with the assessment of risk, in line with the corresponding amendment to the Beneficial Ownership Law.

     Section 4 makes amendments to the Limited Partnerships (Guernsey) Law 1995 to ensure consistency with other commercial legislation with regard to the functions and powers of the Greffier.

     Sections 5 and 6 deal respectively with citation and commencement.

(d)   Human Rights (Bailiwick of Guernsey) (Amendment) Law 2022

        (Billet d’État No VIII of 2022. Approved 27.04.22)

This Law amends the Human Rights (Bailiwick of Guernsey) Law 2000 (“the Law”) following the judgment of the European Court of Human Rights in Hammerton v UK (application No 6287/10). The amendments allow for damages to be awarded in proceedings under the Law to compensate a person for a judicial act done in good faith that is incompatible with art 6 of the Convention (right to a fair trial), in circumstances where the person is detained and would not have been detained (or detained for so long) were it not for that incompatibility. Under s 1(2) the amendment has retrospective effect, applying to judicial acts done before, as well as after, the amendment comes into force.

2. ORDINANCES APPROVED BY THE STATES OF DELIBERATION

(a)    Land Planning and Development (Visitor Accommodation) (Amendment) Ordinance 2022

        (Billet d’État No I of 2022. Approved 26.01.22)

This Ordinance amends the temporary exemption from the requirement to obtain planning permission for a change of use of visitor accommodation to certain residential uses, in Class 9A of the Schedule to the Land Planning and Development (Exemptions) Ordinance 2007. The exemption was inserted in 2021 to reduce planning restrictions on such changes of use in response to the impact on the visitor accommodation sector of travel restrictions imposed as a result of the coronavirus pandemic.

     The amendments extend the current dates in the exemption by a year so that it applies to a relevant change of use up until 31 December 2022 or such later date as the Development & Planning Authority may prescribe by Regulations. A consequential amendment is also made to the date by which visitor accommodation premises must revert back to their former visitor accommodation use from 31 January 2022 to 31 January 2023 or such later date as the Development & Planning Authority may prescribe by Regulations. The regulation making powers are given to the Development & Planning Authority to further extend the dates owing to the uncertainty as to the further impact of coronavirus.

     A consequential amendment is also made to s 3(2) of the Land Planning and Development (Visitor Accommodation) (Amendment etc.) Ordinance 2021 which disregards the period during which the temporary exemption is available for the purpose of calculating the period within which a planning compliance notice may be issued when a change of use has originally occurred in reliance upon the exemption.

(b)   Pilotage (Amendment) Ordinance 2022

        (Billet d’État No I of 2022. Approved 26.01.22)

This Ordinance repeals s 3(b) of the Pilotage Ordinance 1967. The effect of this is to reduce by two the number of ordinary members required to constitute the Pilotage Board and to remove the requirement for one of those members to be a member of the States’ Trading Supervisory Board (“STSB”). The requirement for the President of the Pilotage Board to be a member of the STSB in s 3(a) of the 1967 Ordinance is retained.

 

(c)   Public Holidays Ordinance 2022

        (Billet d’État No IV of 2022. Approved 16.02.22)

This Ordinance modifies the effect of the Public Holidays Ordinance, 1994 (“the 1994 Ordinance”) for 2022 so as to replace the public holiday on Monday 30 May 2022 with public holidays on 2 and 3 June 2022 for the Queen’s Platinum Jubilee celebrations. The Ordinance also makes a permanent change to the 1994 Ordinance so as to enable future such temporary variations to be made by regulations of the Committee for Economic Development, subject to annulment by the States of Deliberation, thus obviating the need for States’ approval of a policy letter and of an amending Ordinance on each occasion when such a variation is proposed.

(d)   Electricity (Guernsey) Law 2001 (Amendment) Ordinance 2022

        (Billet d’État No IV of 2022. Approved 16.02.22)

This Ordinance amends the Electricity (Guernsey) Law 2001 (“the Electricity Law”) to transfer powers in respect of tariffs and prices fixed by Guernsey Electricity Limited (“GEL”) from the Guernsey Competition and Regulatory Authority (“GCRA”) to the States’ Trading Supervisory Board (“STSB”). This applies both in respect of the published tariff regime, and charges applicable under special agreements entered into under s 16 of the Electricity Law.

     Subsections (1)–(4) of s 1 amend s 5 of the Electricity Law, which is concerned with licence conditions, to exclude GEL from the powers of GCRA to include conditions in licences relating to pricing. The amendment at s 1(3) in respect of publication, and the amendment to s 8 of the Electricity Law at s 1(5), are consequential on these changes.

     The amendments to s 12 of the Electricity Law at s 1(6) provide for the STSB to have the power to approve tariffs fixed by GEL, and to have the power to determine any question relating to whether there is any undue preference or undue discrimination by GEL in fixing tariffs. Section 1(7)–(9) amend s 17 of the Electricity Law, which is concerned with the determination of disputes. The amendment at s 1(10) provides for powers in respect of fixing maximum prices at which electricity may be resold to be transferred to the STSB.

     Section 2 contains transitional provisions. Section 2(1) and (2) provide that tariffs and prices previously approved by GCRA will remain in force until such time as the STSB approves any new ones. Section 2(3)–(4) provides a mechanism for making consequential modifications to the terms of GEL’s existing GCRA licence. The provisions empower the STSB to make regulations making the necessary modifications to the licence conditions, but only in so far as those are required to give effect to the above amendments and to the relevant Resolutions of the States, and only after consultation with GCRA.

 

 

(e)    Sanctions (Bailiwick of Guernsey) (Amendment) Ordinance 2022

        (Billet d’État No IV of 2022. Approved 16.02.22)

This Law amends the Sanctions (Bailiwick of Guernsey) Law 2018 (“the Sanctions Law”) in three ways.

     Section 1 contains amendments to remove provisions that are now obsolete as they relate to the pre-Brexit practice of implementing sanctions measures enacted by the European Union. Section 1 also contains an amendment to clarify that the prohibition on breaching sanctions measures extends to any breaches of any directions or other instruments issued under sanctions measures.

     In addition, an amendment made by s 1 clarifies that the provisions relating to production of documents and offences for providing false or misleading information apply to information provided voluntarily in the same way as to information obtained through the exercise of information gathering powers under the Sanctions Law. 

     Sections 2, 3 and 4 deal respectively with extent, citation and commencement.

(f)    Sexual Offences (Bailiwick of Guernsey) Law 2020 (Commencement) Ordinance 2022

        (Billet d’État No IV of 2022. Approved 16.02.22)

This Ordinance brings the Sexual Offences (Bailiwick of Guernsey) Law 2020 (“the Law”) into force on 1 March 2022, with the exception of Chapters VIII (offences involving an abuse of a position of trust) and IX (offences by careworkers against persons with a mental disorder), as further definitions are required to be made by Ordinance before these provisions can be commenced. Although the Law repeals the legislation setting out the previous sexual offences, s 18 of the Interpretation and Standard Provisions (Bailiwick of Guernsey) Law 2016 permits the investigation, prosecution and punishment for any offences committed prior to the commencement of the Law. A further saving is made in relation to notification requirements under the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013 and other ancillary orders.

(g)   Police Force (Bailiwick of Guernsey) (Amendment) Law 2021 (Commencement) Ordinance 2022

        (Billet d’État No VI of 2022. Approved 30.03.22)

This Ordinance brings into force the Police Force (Bailiwick of Guernsey) (Amendment) Law 2021 on 31 March 2022.

(h)   Capacity (Bailiwick of Guernsey) Law 2020 (Commencement) (Guernsey and Alderney) Ordinance 2022

        (Billet d’État No VI of 2022. Approved 30.03.22)

This Ordinance brings into force Part 4 of the Capacity (Bailiwick of Guernsey) Law 2020, which introduces lasting powers of attorney, and Parts 1 to 3 (except ss 17 to 20) and s 77, but solely for the purposes of bringing into force, and the operation of, Part 4. In addition, ss 78 to 85 are brought into force for all purposes.

(i)    Capacity (Lasting Powers of Attorney) (Bailiwick of Guernsey) Ordinance 2022

        (Billet d’État No VI of 2022. Approved 30.03.22)

This Ordinance is made under the Capacity (Bailiwick of Guernsey) Law 2020 (“the Law”) and sets out the procedures in relation to the registration, activation, amendment and revocation, of lasting powers of attorney. (A lasting power of attorney (“LPA”) permits a person (P) to grant an attorney (A) authority to make decisions in relation to health and welfare matters and/or property and financial affairs matters on their behalf, including when P no longer has capacity to do so.)

     The procedures set out in the Ordinance have been established with the Bailiwick context in mind and in order to provide appropriate safeguards: P is required to apply to Her Majesty’s Greffier in person so that an initial capacity assessment is made on registration and a more formal capacity assessment takes place when A considers that the LPA should be activated for use as P no longer has capacity to make significant decisions. The Ordinance also sets out the Royal Court’s power to suspend the operation of an LPA where A is not acting in P’s best interests, and the powers of investigation of the Committee for Health & Social Care, where a lack of capacity, undue influence or actions contrary to P’s best interests are suspected. Finally, the Ordinance makes some consequential amendments to, and corrects some typographical errors in, the Law.

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

(a)    Parochial Elections (St Peter Port) Regulations 2021

(Billet d’État No I of 2022. Made by the States’ Assembly & Constitution Committee—in force 09.11.21 and laid on 26.01.22)

(b)   Offences (Fixed Penalties) (Guernsey) Order 2021

(Billet d’État No I of 2022. Made by the Committee for Home Affairs—in force 22.11.21 and laid on 26.01.22)

(c)   European Union (Sea Fisheries, etc.) (Brexit) (Bailiwick of Guernsey) (Amendment) (No 3) Regulations 2021

(Billet d’État No I of 2022. Made by the Policy & Resources Committee—in force 23.11.21 with the exception of regulations 3(b)(iii), 4, 5, 8 and 11(a)(iii) which came into force on 01.02.22. Laid on 26.01.22)

(d)   Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) Regulations 2022

(Urgent Proposition to the States of Deliberation, 26.01.22. Made by the Civil Contingencies Authority—in force 19.01.22 and laid and approved on 26.01.22)

(e)    Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (Amendment) Regulations 2022

(Urgent Proposition to the States of Deliberation, 26.01.22. Made by the Civil Contingencies Authority—in force 26.01.22 with the exception of regulation 1(3) which came into force on 07.02.22. Laid and approved on 26.01.22)

(f)     Companies (Annual Validation) (Amendment) Regulations 2021

(Billet d’État No IV of 2022. Made by the Committee for Economic Development—in force 29.07.21 and laid on 16.02.22)

(g)   Companies (Annual Validation) (Amendment) (No 2) Regulations 2021

(Billet d’État No IV of 2022. Made by the Committee for Economic Development—in force 21.10.21 and laid on 16.02.22)

(h)   Extradition (Bailiwick of Guernsey) Law 2019, (Commencement) Regulations 2021

(Billet d’État No IV of 2022. Made by the Committee for Home Affairs—in force 06.12.21 and laid on 16.02.22)

(i)     States Housing (Statutory Tenancies) (Guernsey) (Amendment) Regulations 2021

(Billet d’État No IV of 2022. Made by the Committee for Employment & Social Security—in force 01.01.22 and laid on 16.02.22)

(j)     Income Support (Guernsey) (Amendment) Regulations 2021

(Billet d’État No IV of 2022. Made by the Committee for Employment & Social Security—in force 08.12.21 and laid on 16.02.22)

(k)   Family Allowances (Guernsey) (Amendment) Regulations 2021

(Billet d’État No IV of 2022. Made by the Committee for Employment & Social Security—in force 03.01.22 and laid on 16.02.22)

(l)     Social Insurance (Benefits) (Amendment) (No 2) Regulations 2021

(Billet d’État No IV of 2022. Made by the Committee for Employment & Social Security—in force 03.01.22 and laid on 16.02.22)

(m)  Boarding Permit Fees Order 2021

(Billet d’État No IV of 2022. Made by the Committee for Economic Development—in force 01.04.22 and laid on 16.02.22)

(n)   Amalgamation and Migration of Companies (Fees Payable to the Guernsey Financial Services Commission) (Amendment) Regulations 2021

(Billet d’État No IV of 2022. Made by the Committee for Economic Development—in force 01.01.22 and laid on 16.02.22)

(o)   Financial Services Commission (Limited Liability Partnerships) (Fees) Regulations 2021

Billet d’État No IV of 2022. Made by the Committee for Economic Development—in force 01.01.22 and laid on 16.02.22)

(p)   Protected Cell Companies and Incorporated Cell Companies (Fees payable to the Guernsey Financial Services Commission) (Amendment) Regulations 2021

(Billet d’État No IV of 2022. Made by the Committee for Economic Development—in force 01.01.22 and laid on 16.02.22)

(q)   Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) (Fees) (Amendment) Regulations 2021      

(Billet d’État No IV of 2022. Made by the Policy & Resources Committee—in force 01.01.22 and laid on 16.02.22)

(r)     Fire Services (Fees and Charges) (Guernsey) Regulations 2021

Billet d’État No IV of 2022. Made by the Committee for Home Affairs—in force 01.01.22 and laid on 16.02.22)

(s)     Health Service (Payment of Authorised Appliance Suppliers) (Amendment) Regulations 2021

Billet d’État No VI of 2022. Made by the Committee for Health & Social Care—in force 01.01.22 and laid on 30.03.22)

(t)     Health Service (Payment of Authorised Suppliers) (Amendment) Regulations 2021

Billet d’État No VI of 2022. Made by the Committee for Health & Social Care—in force 01.01.22 and laid on 30.03.22)

(u)   Health Service Fund (Closure and Miscellaneous Amendments) Regulations 2021

Billet d’État No VI of 2022. Made by the Committee for Health & Social Care—in force 01.01.22 and laid on 30.03.22)

(v)   Health Service (Pharmaceutical Benefit and Medical Appliances) (Amendment) Regulations 2021

(Billet d’État No VI of 2022. Made by the Committee for Health & Social Care—in force 01.01.22 and laid on 30.03.22)

(w)  Health Service Benefit (Miscellaneous Provisions) Regulations 2021

(Billet d’État No VI of 2022. Made by the Committee for Health & Social Care—in force 01.01.22 and laid on 30.03.22)

(x)   Parochial Elections (St Peter Port) Regulations 2022

Billet d’État No VI of 2022. Made by the States’ Assembly & Constitution Committee—in force 13.01.22 and laid on 30.03.22)

(y)   European Union (Sea Fisheries, etc.) (Brexit) (Bailiwick of Guernsey) (Amendment) Regulations 2022

(Billet d’État No VIII of 2022. Made by the Policy & Resources Committee—in force 01.02.22 and laid on 27.04.22)

(z)    Abortion (Guernsey) Regulations 2022

(Billet d’État No VIII of 2022. Made by the Committee for Health & Social Care—in force 02.02.22 and laid on 27.04.22)

(aa)  Parochial Elections (St Peter Port) (No 2) Regulations 2022

Billet d’État No VIII of 2022. Made by the States’ Assembly & Constitution Committee—in force 04.02.22 and laid on 27.04.22)

(bb)  European Union (Trademark Law Treaty) (Brexit) (Bailiwick of Guernsey) Regulations 2022

Billet d’État No VIII of 2022. Made by the Policy & Resources Committee—in force 22.02.22 and laid on 27.04.22)

(cc)  Air Navigation (Restriction of Flying) (Russian Aircraft) (Bailiwick of Guernsey) Regulations 2022

Billet d’État No VIII of 2022. Made by the Acting Director of Civil Aviation—in force 28.02.22 and laid on 27.04.22)

(dd)  Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) (Amendment) Regulations 2022

Billet d’État No VIII of 2022. Made by the Policy & Resources Committee—in force 01.03.22 and laid on 27.04.22)

(ee)  Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) (Amendment) (No 2) Regulations 2022

Billet d’État No VIII of 2022. Made by the Policy & Resources Committee—in force 02.03.22 and laid on 27.04.22)

(ff)   Customs and Excise (Inbound Passenger Information Reports) (Bailiwick of Guernsey) Regulations 2022

(Billet d’État No VIII of 2022. Made by the Committee for Home Affairs—in force 07.03.22 and laid on 27.04.22)

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

(a)    Police Force (Bailiwick of Guernsey) (Amendment) Law 2021

(Billet d’État No V of 2021—registered 10.01.22. In force on a date to be appointed by Ordinance)

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

(Billet d’État No XIX of 2021—registered 07.02.22. In force 07.02.22)

(c)   Compulsory Purchase (Electricity) (Sark) Law 2021

(Billet d’État 21.12.21—registered 21.02.22. In force on a day to be appointed by regulations)

 

 

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

(a)    Reform (Election of Deputy Speaker) (Sark) Ordinance 2021

      (In force 17.11.21—placed before the Private Court on 02.02.22)

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

      (In force 01.01.22—placed before the Private Court on 02.02.22)

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

      (In force 01.01.22—placed before the Private Court on 02.02.22)

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

      (In force 17.11.21—placed before the Private Court on 02.02.22)

(e)  Capacity (Bailiwick of Guernsey) Law 2020 (Commencement) (Sark) Ordinance 2022

      (In force 19.01.22—placed before the Private Court on 02.02.22)

(f)  Child Protection (Transfer of Functions) (Sark) Ordinance 2022

      (In force 20.01.22—placed before the Private Court on 02.02.22)

(g)  Census (Sark) Ordinance 2022

      (In force 19.01.22—placed before the Private Court on 02.02.22)

(h)  Reform (Election of Conseillers) (By-Election) (Sark) Ordinance 2022

      (In force 19.01.22—placed before the Private Court on 02.02.22)

(i)   Census (Sark) (Amendment) Ordinance 2022

      (In force 16.02.22—placed before the Private Court on 10.03.22)

6. RULES OF COURT

None during the period under review.


B. ALDERNEY

1. LAWS APPROVED BY THE STATES OF ALDERNEY

(a)    Public Functions (Transfer and Performance) (Bailiwick of Guernsey) (Amendment) Law 2021

        (Billet d’État 16.03.22. Approved 16.03.22)

This Law was approved by the States of Deliberation of Guernsey on 16.06.21 (see Chapter A.1.(a) of the entries relating to Guernsey in the Law Review covering the period 1 May–31 August 2021) and the Chief Pleas of Sark on 27.04.21 (see Chapter C.1.(c) of the entries relating to the Sark below).

(b)   Beneficial Ownership and Companies (Amendment) (Alderney) Law 2022

        (Billet d’État 16.03.22. Approved 16.03.22)

This Law amends the Beneficial Ownership of Legal Persons (Alderney) Law 2017 (“the 2017 Law”) to enlarge the functions of the Registrar of Beneficial Ownership (“the Registrar”) to include ensuring the accuracy of information relating to nominee relationships, specifying the type of beneficial ownership information that must be provided in the case of corporate beneficial owners, removing the reference to the possibility of a legal person having no beneficial owners, and specifying the factors that the Registrar should take into account when deciding whether to make a resident agent disqualification order under the 2017 Law.

     The amendments at section 1 also revise the definition of “relevant legal person” for the purposes of the 2017 Law, introduce prohibitions in relation to the use of bearer securities, and give the Revenue Service the power to inspect the beneficial ownership register for specified purposes. In addition, the amendments at s 1 extend the information gathering powers of the Registrar to deal with the assessment of risk, and to enable information to be obtained from a liquidator, administrator or equivalent person where a legal person is in administration or liquidation.

     Section 2 amends the Companies (Alderney) Law 1994 to insert a new Part XXIB setting out the functions and ancillary powers of the Registrar of Companies in Alderney, and to make provision in respect of the publication of information by the Registrar, including restrictions in respect of the publication of confidential information (as defined) so held.

(c)   Customs and Excise (General Provisions) (Bailiwick of Guernsey) (Amendment) Law 2022

        (Billet d’État 20.04.22. Approved 20.04.22)

This Law was approved by the States of Deliberation of Guernsey on 16.02.22 (see Chapter A.1.(b) of the entries relating to Guernsey above) and the Chief Pleas of Sark on 27.04.22 (see Chapter C.1.(a) of the entries relating to the Sark below).

(d)   Economic and Financial Crime Bureau and Financial Intelligence Unit (Bailiwick of Guernsey) Law 2022

        (Billet d’État 20.04.22. Approved 20.04.22)

This Law was approved by the States of Deliberation of Guernsey on 26.01.22 (see Chapter A.1.(a) of the entries relating to Guernsey above) and the Chief Pleas of Sark on 27.04.22 (see Chapter C.1.(b) of the entries relating to the Sark below).

(e)    Government of Alderney (Amendment) Law 2022

        (20.04.22. Approved 20.04.22)

This Law amends s 33 of the Government of Alderney Law 2004 to reduce the voting age in Alderney from 18 to 16 years.

2. ORDINANCES APPROVED BY THE STATES OF ALDERNEY

(a)    Speed Trails (Alderney) Ordinance 2022

        (Approved 16.03.22—in force 16.03.22)

3. REGULATIONS LAID BEFORE THE STATES OF ALDERNEY

(a)     Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 13) (Amendment) (No 2) Regulations 2021

        (Laid before the States of Alderney on 12.01.22)

(b)    Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 14) Regulations 2021

        (Laid before the States of Alderney on 16.03.22)

(c)    Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) Regulations 2022

        (Laid before the States of Alderney on 16.03.22)

(d)    Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (Amendment) Regulations 2022

        (Laid before the States of Alderney on 16.03.22)

(e)    Alderney eGambling (Amendment) Regulations 2021

        (Laid before the States of Alderney on 16.03.22)

 

 


C. SARK

1. LAWS APPROVED BY THE CHIEF PLEAS OF SARK

(a)    Customs and Excise (General Provisions) (Bailiwick of Guernsey) (Amendment) Law 2022

        (Billet d’État 27.04.22. Approved 27.04.22)

This Law was approved by the States of Deliberation of Guernsey on 16.02.22 (see Chapter A.1.(b) of the entries relating to Guernsey above and the States of Alderney on 20.04.21 (see Chapter B.1.(c) of the entries relating to Alderney above).

(b)   Economic and Financial Crime Bureau and Financial Intelligence Unit (Bailiwick of Guernsey) Law 2022

        (Billet d’État 27.04.22. Approved 27.04.22)

This Law was approved by the States of Deliberation of Guernsey on 26.01.22 (see Chapter A.1.(a) of the entries relating to Guernsey above and the States of Alderney on 20.04.21 (see Chapter B.1.(d) of the entries relating to Alderney above).

(c)   Public Functions (Transfer and Performance) (Bailiwick of Guernsey) (Amendment) Law 2021

        (Billet d’État 27.04.22. Approved 27.04.22)

This Law was approved by the States of Deliberation of Guernsey on 16.01.21 (see Chapter A.1.(a) of the entries relating to Guernsey in the Law Review covering the period 1 May–31 August 2021 and the States of Alderney on 16.03.22 (see Chapter B.1.(a) of the entries relating to Alderney above).

 2. ORDINANCES APPROVED BY THE CHIEF PLEAS OF SARK

(a)    Capacity (Bailiwick of Guernsey) Law, 2020 (Commencement) (Sark) Ordinance 2022

        (Approved 19.01.22—in force 19.01.22)

(b)   Reform (Election of Conseillers) (By-Election) (Sark) Ordinance 2022

        (Approved 19.01.22—in force 19.01.22)

(c)   Census (Sark) Ordinance 2022

        (Approved 19.01.22—in force 19.01.22)

(d)   Child Protection (Transfer of Functions) (Sark) Ordinance 2022                      (Approved 19.01.22—in force 20.01.22)

(e)    Census (Sark) (Amendment) Ordinance 2022

        (Approved 16.02.22—in force 16.02.22)

 

 

3. ORDINANCE LAID BEFORE THE CHIEF PLEAS OF SARK

(a)    Capacity (Lasting Powers of Attorney) (Bailiwick of Guernsey) Ordinance 2022

        (Laid before the Chief Pleas of Sark on 27.04.22)

4. REGULATIONS LAID BEFORE THE CHIEF PLEAS OF SARK

(a)     Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (No 14) Regulations 2021

        (Laid before the Chief Pleas of Sark on 19.01.22)

(b)    Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) Regulations 2022

        (Laid before the Chief Pleas of Sark on 16.02.22)

(c)    Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey) (Amendment) Regulations, 2022

        (Laid before the Chief Pleas of Sark on 16.02.22)

(d)    European Union (Sea Fisheries, etc) (Brexit) (Bailiwick of Guernsey) (Amendment) (No 3) Regulations 2021

        (Laid before the Chief Pleas of Sark on 16.02.22)

 


Page Last Updated: 04 Jul 2024