BAILIWICK OF GUERNSEY
1 January–30 April 2023
A. GUERNSEY
1. LAWS
APPROVED BY THE STATES OF DELIBERATION
(a) Employment and Equal Opportunities Service (Guernsey Law, 2023
(Billet d’État No. VI of 2023. Approved 26.04.23)
This Law
establishes the office of the Director of the Employment and Equal
Opportunities Service. The Law also confers functions on, and transfers functions
to, the holder of that office, the Director. As the Director has been assigned
functions under the Prevention of Discrimination (Guernsey) Ordinance, 2022, it
is intended that the Law comes into force at the same time as that Ordinance,
on 1 October 2023.
Part I establishes the
office of the Director, deals with the Director’s appointment and term of
office and confers powers on the Committee to make a temporary appointment to
the office if it is vacant. Section 2 establishes the independence of the
Director from the Committee and the States, and ss 3
and 4 make provision for the Director's salary and staff. Section 6 enables the
Director to appoint a Deputy to act during any period in which the Director is
unavailable. Sections 7 and 8 concern reporting and accounting
responsibilities.
Section 9 sets out the
functions of the Director, and s 10 transfers functions from the Committee to
the Director from other related employment enactments. Section 11 confers
ancillary powers on the Director, including the power to require documents from
a person.
Part II concerns
confidentiality (both in relation to documents required by the Director, and
providing that the Director must treat documents received as confidential).
Section 17 provides for a right of appeal for any person directly affected by a
decision of the Director to the Royal Court. The remainder of the Part concerns
proof of documents, record keeping and service.
Sections 22 to 26 create
offences and penalties. A failure to provide documents or information to the
Director under s 11 enables the Director, following representations, to impose
a discretionary financial penalty. Such a failure is not in itself an offence
(unless the document is false, deceptive or misleading in a material particular).
Sections 27 to 32 relate
to general miscellaneous and procedural matters,
including the making of subordinate legislation, interpretation
provisions and commencement.
The Schedule sets out
the consequential and related amendments.
2. ORDINANCES APPROVED BY THE STATES OF DELIBERATION
(a) Air Accident Investigation (Guernsey) Ordinance 2022
(Billet d’État No. III of 2023. Approved 15.02.23)
This Ordinance
implements Regulation (EU) 996/2010 of the European Parliament and of the
Council of 20 October 2010 on the investigation and prevention of accidents and
incidents in civil aviation and repealing Directive 94/56/EC (Regulation
996/2010), as amended by further EU Regulations, with modifications for
Guernsey.
The modifications take
account of the amendments made to Regulation 996/2010 by the United Kingdom in
the Aviation Safety (Amendment, etc.) (EU Exit) Regulations 2019 consequent on
the exit of the United Kingdom from the European Union.
Regulation 996/2010, as
modified, sets out the statutory requirements for the carrying out of air
accident investigations, for example where there has been an accident or other
incident in the Bailiwick, or where an aircraft registered in the Bailiwick has
an accident or other incident and no other State is required to hold an air
accident investigation.
(b) Land
Planning and Development (Exemptions) Ordinance 2023
(Billet d’État No. IV of 2023. Approved 29.03.23)
This Ordinance
repeals and replaces the Land Planning and Development (Exemptions) Ordinance,
2007 (“the 2007 Exemptions Ordinance”) which specifies descriptions
of development for which planning permission is not required provided that
listed provisos (a type of condition) are met. These are known as exemptions
from planning permission. The new Ordinance carries forward, with amendments,
the current exemptions in the 2007 Exemptions Ordinance, significantly widens
existing exemptions and adds a large number of new exemptions. The exemptions
are listed in Schedule 1 to the new Ordinance and grouped in classes relating
mainly to the location or type of development. The opportunity has also been
taken to make certain existing exemptions, in particular for dwelling-houses
and non-domestic buildings, more consistent.
A transitional
provision in section 5 allows owners and developers 12 months, from the date of
commencement of the new Ordinance, to complete physical development started
before that date, provided it is completed in accordance with the 2007
Ordinance. This provision only applies to physical development and not to a
material change of use as physical development can take some time to complete.
Section 5(3) provides for a further transitional provision for the temporary
visitor accommodation change of use exemption to ensure that it is clear that
changes of use and related notices under the current exemption relating to such
changes are treated as made under the equivalent exemption in the new
Ordinance.
(c) Criminal Justice (Proceeds of Crime)
(Bailiwick of Guernsey) (Amendment) Ordinance, 2023
(Billet d’État No. IV of 2023. Approved 31.03.23)
This Ordinance amends
the Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999 (“the
Proceeds of Crime Law”), by inserting a new Schedule, making provision
for a statutory minimum standards test for accountants.
Section 1 and the
Schedule to the Ordinance insert a new Schedule 7 to the Proceeds of Crime Law.
Paragraph references below are to paragraphs of inserted Schedule 7. Section 1
also makes several minor amendments to Schedule 6 to the Proceeds of Crime Law
(which is concerned with the Administrator of estate agents) to make the
provisions of that Schedule more consistent with the provisions of the new
Schedule to be inserted by this Ordinance. Sections 2, 3 and 4 are concerned
with the extent, citation and commencement of the Ordinance.
Paragraphs 1 to 3
establish an office to be called the Administrator of Accountants (“the
Administrator”), provide that the office shall be held by the Registrar
of Companies in Guernsey or such other person as the Policy & Resources
Committee (“the Committee”) may from time to time appoint by
regulations, and set out statutory functions and ancillary powers of the
Administrator.
Paragraph 4 introduces
a requirement for initial notification to the Administrator, and the provision
of information relating to the minimum standards test, before a person becomes
involved in accountancy and makes provision regarding notification by persons
already involved in accountancy when the Schedule comes into force.
Paragraph 5 provides
for an ongoing requirement for a person involved in accountancy to provide
information relating to the minimum standards test upon request and to notify
the Administrator if they are convicted of any offence or where there is any
change in information previously provided.
Paragraphs 6 to 8
confer a power on the Administrator to apply to the Royal Court for an
accountant disqualification order (where in the opinion of the Administrator a
person is not a fit person to be involved in accountancy), set out the grounds
for making a disqualification order, and make provision for the revocation of a
disqualification order.
Paragraph 9 makes
provision for the imposition of civil financial penalties by the Administrator
where there has been a failure to comply with requirements under Schedule 7,
and paras 10—12 confer upon the Administrator the power to issue private
reprimands, public statements (where a person has contravened in a material
particular a provision of Schedule 7) and to impose conditions on a person
involved in accountancy or on an accountancy business in respect of that person
or business’s conduct of accountancy business.
Paragraph 13 gives a
person or business who is the subject of a proposed financial penalty, public
statement, or condition, the right to make written representations and makes
provision regarding such representations, and para 14 provides that a person is
not liable to a civil penalty if a prosecution has been commenced and that the
Administrator shall repay a penalty if a prosecution commences after a penalty
has been paid.
Paragraph 15 provides a
general right for a person directly affected by any action, decision or
determination of the Administrator to apply to the Royal Court to set aside
that action, direction, decision or determination and makes provision regarding
such applications.
Paragraphs 16 and 17
create offences of contravening any provision of an accountant disqualification
order, and knowingly or recklessly providing false, deceptive or misleading
information to the Administrator, and paras 18 and 19 make provision regarding
the disclosure and publication of non-confidential and confidential information
by the Administrator.
Paragraph 20 provides a
standard form exclusion of civil liability for persons undertaking functions
under Schedule 7, in respect of things done or omitted to be done in good faith
and in compliance with the Human Rights (Bailiwick of Guernsey) Law, 2000. Paragraph 21 makes provision regarding
service and notice of documents under Schedule 7, and para 22 confers on the
Committee power to make regulations making provision in respect of the
professional qualification of accountants.
Paragraph 23 provides
that a person is not a person involved in accountancy for the purposes of the
Schedule when s/he is subject to requirements imposed by a jurisdiction outside
the Bailiwick which the Committee is satisfied are equivalent to the
requirements imposed by the Schedule, and undertakes accountancy primarily from
outside the Bailiwick. It also creates a power for the Committee to make
regulations specifying jurisdictions which impose such equivalent requirements.
Paragraph 24 and 25
define terms used in the Schedule.
(d) Trading
Standards (Fair Trading) (Guernsey) Ordinance 2023
(Billet d’État No. IV of 2023. Approved 31.03.23)
This
Ordinance, made under the Trading Standards (Enabling Provisions) (Guernsey)
Law, 2009, makes wide ranging provision in the area of consumer protection and
fair trading. In large part it makes provision that is based on, and consistent
with (subject to necessary modifications), relevant UK legislation.
The Ordinance is in
eight Parts. Part I deals with statutory rights under consumer contracts and
remedies for breach; Part II with unfair contract terms; Part III with
information requirements and the right to cancel in respect of consumer
contracts; Part IV with unfair commercial practices and rights to redress; Part
V with product safety requirements; Part VI and VII with civil enforcement of
the provisions; and Part VIII with final and miscellaneous provisions.
The Ordinance (at
Chapter II of Part II) gives statutory recognition to the Trading Standards
Service (“TSS”) as a service within the Committee for Home Affairs,
and elsewhere confers statutory investigatory powers on TSS officers, as well
as creating associated offences. Provisions at Chapter II of Part II in respect
of international obligations, and the wording of some of the provisions of Part
V, reflect obligations under the post-Brexit Trade
and Co-operation Agreement with the European Union, and the Comprehensive and
Progressive Agreement for Trans-Pacific Partnership (the CPTTP).
(e) Income Tax (Guernsey) (Approval of Agreement
with Qatar) Ordinance 2023
(Billet d’État No. VI of 2023. Approved 26.04.23)
This Ordinance
specifies, as an approved international agreement, an agreement providing for
the obtaining, delivery, making available, furnishing and/or exchanging of
documents and information in relation to tax, made for the purposes of the
Income Tax (Guernsey) Law, 1975.
The agreement specified
is the Agreement between the Government of Guernsey and the Government of the
State of Qatar for the Avoidance of Double Taxation and the Prevention of
Fiscal Evasion with respect to Taxes on Income signed on 22 February 2013, the
Protocol having been signed at Doha on 21 June 2022.
3. ORDINANCES,
SUBORDINATE LEGISLATION ETC LAID
BEFORE THE STATES OF DELIBERATION
(a) Income Tax (Guernsey) (Valuation of Benefits in Kind) (Amendment)
Regulations, 2022
(Billet d’État
No. III of 2023. Made by the Policy & Resources Committee—In force 04.10.22. Laid on 15.02.23)
(b) Companies (Annual Validation) (Amendment)
Regulations, 2022
(Billet d’État
No. III of 2023. Made by the Committee for the Economic Development—In force 04.10.22. Laid on 15.02.23)
(c) Limited Partnerships (Annual Validation) (Striking Off) Regulations, 2022
Billet d’État
No. III of 2023. Made by the Committee for the
Economic Development—In force 04.10.22. Laid on
15.02.23)
(d) Motor Taxation (First Registration Duty) Ordinance (Amendment)
Regulations, 2022
(Billet d’État
No. III of 2023. Made by the Committee for the Environment and
Infrastructure—In force 01.01.23. Laid on
15.02.23)
(e) Income Support (Guernsey) (Amendment) Regulations,
2022
(Billet d’État
No. III of 2023. Made by the Committee for Employment & Social Security—In force 22.11.22 with the exception of Regulation 3 which
came into force on 06.01.23. Laid on 15.02.23)
(f) Environmental Pollution (Prescribed Operations)
(Fees) (Amendment) Regulations, 2022
(Billet d’État
No. III of 2023. Made by the Director of Environmental Health and Pollution
Regulation—In force 28.11.22. Laid on 15.02.23)
(g) Environmental Pollution (Prescribed Operations) (Exemptions) (Amendment)
Regulations, 2022
(Billet d’État
No. III of 2023. Made by the Director of Environmental Health and Pollution
Regulation—In force 28.11.22. Laid on 15.02.23)
(h) Human Tissue and Transplantation (Bailiwick of Guernsey) Regulations,
2022
(Billet d’État
No. III of 2023. Made by the Committee for Health & Social Care—In force 01.01.23. Laid on 15.02.23)
(i) Fishing (Control of First Sale and Purchase)
(Guernsey) Order, 2022
(Billet d’État
No. III of 2023. Made by the Committee for Economic Development—In force 30.01.23. Laid on 15.02.23)
(j) Companies (Guernsey) Law, 2008 (Insolvency)
(Amendment) Ordinance, 2020 (Commencement and Application) Regulations, 2022
(Billet d’État
No. III of 2023. Made by the Committee for Economic Development—In force 01.01.23. Laid on 15.02.23)
(k) Companies (Guernsey) (Insolvency Rules) Regulations,
2022
(Billet d’État
No. III of 2023. Made by the Committee for Economic Development—In force 01.01.23. Laid on 15.02.23)
(l) Financial Services Commission (Fees) Regulations, 2022
(Billet d’État
No. III of 2023. Made by the Policy & Resources Committee—In force 01.01.23. Laid on 15.02.23)
(m) Social Insurance (Benefits) (Amendment) Regulations,
2022
(Billet d’État
No. III of 2023. Made by the Committee for Employment & Social Security—In force 02.01.23. Laid on 15.02.23)
(n) States Housing (Statutory Tenancies)(Amendment)
Regulations, 2022
(Billet d’État
No. III of 2023. Made by the Committee for Employment & Social Security—In force 01.01.23. Laid on 15.02.23)
(o) Registration of Non-Regulated Financial Services Businesses (Bailiwick of
Guernsey) (Fees) Regulations, 2022
(Billet d’État
No. III of 2023. Made by the Policy & Resources Committee—In force 01.01.23. Laid on 15.02.23)
(p) Protected Cell Companies and Incorporated Cell Companies (Fees for
Insurers) Regulations, 2022
(Billet d’État
No. III of 2023. Made by the Policy & Resources Committee—In force 01.01.23. Laid on 15.02.23)
(q) Health Service (Payment of Authorised Suppliers)
(Amendment) Regulations, 2022
(Billet d’État
No. III of 2023. Made by the Committee for Health and Social Care—In force 01.01.23. Laid on 15.02.23)
(r) Health Service (Payment of Authorised Appliance
Suppliers) (Amendment) Regulations, 2022
(Billet d’État
No. III of 2023. Made by the Committee for Health and Social Care—In force 01.01.23. Laid on 15.02.23)
(s) Health Service (Pharmaceutical Benefit and Medical Appliances)
(Amendment) Regulations, 2022
(Billet d’État
No. III of 2023. Made by the Committee for Health and Social Care—In force 01.01.23. Laid on 15.02.23)
(t) Forfeiture of Money in Civil Proceedings (Bailiwick
of Guernsey) (Amendment) Ordinance, 2022 (Commencement etc.) Regulations, 2022
(Billet d’État
No. III of 2023. Made by the Committee for Home Affairs—In force 21.12.22. Laid on 15.02.23)
(u) Disclosure (Bailiwick of Guernsey) (Amendment)
Regulations, 2022
(Billet d’État
No. III of 2023. Made by the Committee for Home Affairs—In force 21.12.22. Laid on 15.02.23)
(v) Fire Services (Fees and Charges) (Guernsey)
Regulations, 2022
(Billet d’État
No. III of 2023. Made by the Committee for Home Affairs—In force 01.01.23. Laid on 15.02.23)
(w) Criminal Justice (Miscellaneous Amendments)
(Bailiwick of Guernsey) (Commencement) Regulations, 2022
(Billet d’État
No. III of 2023. Made by the Committee for Home Affairs—In force 20.12.22. Laid on 15.02.23)
(x) Terrorism and Crime (Bailiwick of Guernsey) (Amendment)
Regulations, 2022
(Billet d’État
No. III of 2023. Made by the Committee for Home Affairs—In force 21.12.22. Laid on 15.02.23)
(y) Charities etc. (Amendment) (Guernsey and Alderney)
Regulations, 2022
(Billet d’État
No. III of 2023. Made by the Policy & Resources Committee—In force 20.12.22. Laid on 15.02.23)
(z) Criminal Justice (Proceeds of Crime) (Bailiwick of
Guernsey) (Fees) (Amendment) Regulations, 2022
(Billet d’État
No. III of 2023. Made by the Policy & Resources Committee—In force 01.01.23. Laid on 15.02.23)
(aa) Criminal Justice (Proceeds of Crime) (Bailiwick of
Guernsey) (Amendment) Ordinance, 2022 (Commencement) Regulations, 2022
(Billet d’État
No. III of 2023. Made by the Policy & Resources Committee—In force 20.12.22. Laid on 15.02.23)
(bb) Sanctions
(Implementation of UK Regimes) (Bailiwick of Guernsey) (Amendment—Haiti) Regulations, 2022
(Billet d’État
No. III of 2023. Made by the Policy & Resources Committee—In force 28.12.22. Laid on 15.02.23)
(cc) Health Service (Pharmaceutical Benefit)
(Serious Shortage Protocol) Regulations, 2022
(Billet d’État
No. III of 2023. Made by the Committee for Health & Social Care—In force 23.12.22. Laid on 15.02.23)
(dd) Amalgamation and Migration of Companies (Fees payable to the Guernsey
Financial Services Commission) (Amendment) Regulations, 2022
(Billet d’État
No. IV of 2023. Made by the Committee for Economic Development—In force 01.01.23. Laid on 31.03.23)
(ee) Financial Services Commission (Limited Liability Partnerships) (Fees) Regulations, 2022
(Billet d’État
No. IV of 2023. Made by the Committee for Economic Development—In force 01.01.23. Laid on 31.03.23)
(ff) Limited
Partnerships (Fees) (Amendment) Regulations, 2022
(Billet d’État
No. IV of 2023. Made by the Committee for Economic Development—In force 01.01.23. Laid on 31.03.23)
(gg) Protected Cell Companies and Incorporated Cell Companies (Fees payable
to the Guernsey Financial Services Commission) Regulations, 2022
(Billet d’État
No. IV of 2023. Made by the Committee for Economic Development—In force 01.01.23. Laid on 31.03.23)
(hh) Public Holidays (Coronation of His Majesty King Charles III) Regulations, 2022
(Billet d’État
No. IV of 2023. Made by the Committee for Economic Development—In force 21.12.22. Laid on 31.03.23)
(ii) Companies (Annual Validation) (Amendment)
(No. 2) Regulations, 2022
(Billet d’État
No. IV of 2023. Made by the Committee for Economic Development—In force 20.12.22. Laid on 31.03.23)
(jj) Parochial Elections (School Committees) (Torteval) Regulations, 2023
(Billet d’État
No. IV of 2023. Made by the States' Assembly & Constitution Committee—In force 19.01.23. Laid on 31.03.23)
(kk) Forfeiture of Money, etc. in Civil Proceedings
(Bailiwick of Guernsey) (Amendment) Ordinance, 2022 (Commencement) Regulations,
2023
(Billet d’État
No. IV of 2023. Made by the Committee for Home Affairs—In force 24.01.23. Laid on 31.03.23)
(ll) European Union (Sea Fisheries, etc.) (Brexit) (Bailiwick of Guernsey) (Amendment) Regulations,
2023
(Billet d’État
No. IV of 2023. Made by the Policy & Resources Committee—In force 24.01.23. Laid on 31.03.23)
(mm) Plant Health (Amendment of Transitional Provision)
(Guernsey) (No.2) Regulations, 2022
(Billet d’État
No. VI of 2023. Made by the Committee for the Environment and Infrastructure—In force 31.12.22. Laid on 26.04.23)
(nn) Lending Credit and Finance (Designated Jurisdiction)
Regulations, 2023
(Billet d’État
No. VI of 2023. Made by the Policy & Resources Committee—In force 31.01.23. Laid on 26.04.23)
(oo) Plant Health (Preserved Phytosanitary
Conditions Regulation) (Amendment) (Guernsey) Regulations, 2023
(Billet d’État
No. VI of 2023. Made by the Policy & Resources Committee—Parts I
and III in force 30.01.23 and Part II in force 03.05.23. Laid on 26.04.23)
(pp) Parochial Elections (St Saviour) Regulations, 2023
(Billet d’État
No. VI of 2023. Made by the States' Assembly & Constitution Committee—In force 09.02.23. Laid on 26.04.23)
(qq) Boarding Permit Fees Order, 2023
(Billet d’État
No. VI of 2023. Made by the Committee for Economic Affairs—In force 01.04.23. Laid on 26.04.23)
(rr) Income Tax (Pension Amendments) (Guernsey)
Regulations, 2023
(Billet d’État
No. VI of 2023. Made by the Policy & Resources Committee—In force 01.04.23. Laid on 26.04.23)
(ss) Liquor Licensing (Fees) Regulations, 2023
(Billet d’État
No. VI of 2023. Made by the Committee for Home Affairs—In force 01.06.23. Laid on 26.04.23)
4. LAWS, ORDERS IN COUNCIL, ETC REGISTERED IN THE ROYAL COURT OF GUERNSEY
(a) Matrimonial Causes (Bailiwick of Guernsey) Law, 2022
(Billet d’Etat 14.07.22—registered 09.01.23. In force
on a day appointed by Ordinance)
5. SARK ORDINANCES CONSIDERED
BY THE ROYAL COURT UNDER s 39(1) OF THE REFORM (SARK) LAW 2008
(a) Direct Taxes for 2023 (Sark) Ordinance, 2022
(In force
23.11.22—placed before the Private Court
on 05.01.23)
(b) Reform
(Election of Speaker) (Sark) Ordinance, 2022
(In force 23.11.22—placed before the Private Court on
05.01.23)
(c) Reform (Election of Conseillers)
(Further Election) (Sark) Ordinance, 2023
(In force 18.03.23—placed before the Private Court on 09.03.23)
(d) Public Holidays (Coronation of His Majesty
King Charles III) (Sark) Ordinance, 2023
(In force 18.03.23—placed before the Private Court on 09.03.23)
(e) Air Accident and Investigation (Sark)
Ordinance, 2023
(In force on a
day to be appointed by regulations—placed before the Private Court on
09.03.23)
6. RULES OF COURT
None during the period under review.