SUMMARY OF
LEGISLATION
BAILIWICK
OF JERSEY
1 May–31 August 2018
1. LAWS ADOPTED BY THE STATES
(a) Financial
Services Commission (Amendment No 7) (Jersey) Law 201-
(P.74/2018—adopted in
3rd reading, 26.6.2018)
This Law
amends the Financial Services Commission (Jersey) Law 1998 by giving the
Commission power to impose civil financial penalties for contravention of a
Code of Practice issued by the Jersey Financial Services Commission.
(b) International Co-operation (Protection from
Liability) (Jersey) Law 201-
(P.54/2018—adopted in
3rd reading, 10.7.18)
This Law
protects public authorities in Jersey against claims for costs, damages or
consequential losses when acting in matters of international assistance.
(c) Proceeds of Crime (Amendment No 3) (Jersey)
Law 201-
(P.75/2018—adopted in
3rd reading, 10.7.18)
This Law amends the Proceeds
of Crime (Jersey) Law 1999.
(d) Social Security (Amendment No 23) (Jersey)
Law 201-
(P.77/2018—adopted in
3rd reading, 11.7.18)
This Law
amends the Social Security (Jersey) Law 1974, with a primary focus on the
Long-Term Incapacity Allowance.
2. LAWS, ORDERS IN COUNCIL, ETC
REGISTERED IN THE ROYAL COURT
(a) States of Jersey (Appointment Procedures) (Jersey) Law 2018
(L.13/2018—registered
4.5.2018. In force 11.5.2018)
(b) Finance
(2018 Budget) (Jersey) Law 2018
(L.14/2018—registered
4.5.2018. In force 1.1.2018)
(c) Capacity
and Self-Determination (Amendment) (Jersey) Law 2018
(L.15/2018—registered
1.6.2018. In force 1.10.2018)
(d) Consumer
Protection (Unfair Practices) (Jersey) Law 2018
(L.16/2018—registered
1.6.2018. In force 8.6.2018)
(e) European Union (Repeal and Amendment) (Jersey) Law 2018
(L.17/2018—registered
1.6.2018. Not in force)
(f) Machinery of Government (Miscellaneous Amendments) (Jersey) Law 2018
(L.18/2018—registered
1.6.2018. In force 8.6.2018, except Part 4)
(g) Marriage
and Civil Status (Amendment No 4) (Jersey) Law 2018
(L.19/2018—registered
1.6.2018. In force 1.7.2018, except art 22 in force 31.7.2018)
(h) Sexual
Offences (Jersey) Law 2018
(L.20/2018—registered
1.6.2018. Not in force)
(i) Signing of
Instruments (Miscellaneous Provisions) (Jersey) Law 2018
(L.21/2018—registered
1.6.2018. In force 8.6.2018, except art 5 in force 1.10.2018)
(j) Trusts (Amendment No 7) (Jersey) Law 2018
(L.22/2018—registered
1.6.2018. In force 8.6.2018)
(k) Immigration
(Biometric Registration) (Jersey) Order 2018
(L.23/2018—registered
29.6.2018. In force 6.7.2018)
(l) Stamp Duties and Fees (Amendment) (Jersey)
Law 2018
(L.24/2018—registered
13.7.2018. In force 20.7.2018)
(m) Criminal
Procedure (Jersey) Law 2018
(L.25/2018—registered
20.7.2018. Not in force)
(n) Forfeiture
of Assets (Civil Proceedings) (Jersey) Law 2018
(L.26/2018—registered
20.7.2018. In force 20.8.2018)
(o) Human
Transplantation and Anatomy (Jersey) Law 2018
(L.27/2018—registered
20.7.2018. Not in force)
3. APPOINTED DAY ACTS
(a) Armed Forces (Offences and Jurisdiction)
(Jersey) Law 2017 (Appointed Day) Act 2018
(R&O.65/2018—in
force 26.6.2018)
Whole Law brought into force
on 30.6.2018.
(b) Official Publications (Amendment No 2)
(Jersey) Law 2017 (Appointed Day) Act 2018
(R&O.67/2018—in
force 26.6.2018)
Whole Law brought into force
on 3.7.2018.
(c) Marriage and Civil Status (Amendment No 4) (Jersey)
Law 2018 (Appointed Day) Act 2018
(R&O.68/2018—in
force 26.6.2018)
Whole Law
brought into force on 1.7.2018, except art 22 in force on 31.7.2018.
(d) The Law Society of Jersey (Amendment No 4) Law 2017 (Appointed Day) Act
2018
(R&O.70/2018—in force
10.7.2018)
Whole Law brought into force
on 2.8.2018.
(e) Limited Liability Partnerships (Jersey) Law
2017 (Appointed Day) Act 2018
(R&O.74/2018—in
force 11.7.2018)
Whole Law brought into force
on 1.8.2018.
4. REGULATIONS MADE BY THE STATES
(a) Armed Forces (Vehicles and
Roads—Amendments) (Jersey) Regulations 2018
(R&O.66/2018—in
force 30.6.2018)
These
Regulations amend several Laws, Regulations and Orders in relation to the use
of vehicles and roads by the armed forces and their members.
(b) Companies
(Demerger) (Jersey) Regulations 2018
(R&O.71/2018—in
force 1.9.2018)
These
Regulations provide a demerger regime for certain companies registered in
Jersey.
(c) Public Employees (Contributory Retirement
Scheme) (General) (Amendment No 12) (Jersey) Regulations 2018
(R&O.72/2018—in
force 11.7.2018)
These
Regulations amend the Public Employees (Contributory Retirement Scheme)
(General) (Jersey) Regulations 1989.
(d) Income
Support (Amendment No 18) (Jersey) Regulations
(R&O.73/2018—in
force 1.10.2018, except reg 2 in force 1.1.2019)
These
Regulations amend the Income Support (Jersey) Regulations 2007 to increase most
rates of the basic, housing, impairment, mobility, clinical cost element, child
care and carer’s components of income support.
(e) Limited Liability Partnerships (Amendment of
Law) (Jersey) Regulations 2018
(R&O.75/2018—in
force 1.8.2018)
These
Regulations amend the Limited Liability Partnerships (Jersey) Law 2017 to make
provision for the continuation of limited liability partnerships.
(f) Limited Liability Partnerships (Dissolution and Winding Up) (Jersey)
Regulations 2018
(R&O.76/2018—in
force 1.8.2018)
These
Regulations make provision for the closing of limited liability partnerships
and supplement the provisions of the Limited Liability Partnerships (Jersey)
Law 2017.
(g) Criminal Justice (Miscellaneous Provisions)
(No 2) (Jersey) Regulations 2018
(R&O.77/2018—in
force 18.7.2018)
These
Regulations replace references in enactments to “level 4” on the
standard scale with references to “level 3” on the standard scale.
(h) Taxation (Implementation) (Miscellaneous
Amendments) (Jersey) Regulations 2018
(R&O.78/2018—in
force 11.7.2018)
These
Regulations replace references in enactments to “level 4” on the
standard scale with references to “level 3” on the standard scale.
5. OTHER SUBORDINATE LEGISLATION OF NOTE
None.
BAILIWICK OF GUERNSEY
1 May–31 August 2018
A. GUERNSEY
1. LAWS APPROVED BY THE STATES OF
DELIBERATION
(a) European Union (Brexit) (Bailiwick of Guernsey) Law 2018
(Billet
d’État No XVI of 2018. Approved 06.06.18)
This Law is
broadly equivalent in scope and purpose to the UK’s European Union
(Withdrawal) Bill and has been drafted to provide as much legislative
flexibility as possible for the Bailiwick. It has four primary purposes—
1. To repeal the
European Communities (Bailiwick of Guernsey) Law, 1973 (“the 1973 Law”),
and thus turn off the flow of European legislation which is directly applicable
in the Bailiwick pursuant to Protocol 3 (see s 1);
2. To preserve in
domestic law that directly applicable EU legislation which had effect in the
Bailiwick immediately before exit day (“Preserved EU law”) (see s 2),
to avoid a legal black hole on exit day;
3. To provide a
suitable mechanism to amend and repeal both Preserved EU law and other enactments
at short notice where that is necessary and expedient in consequence of the
repeal of the 1973 Law or otherwise in consequence of Brexit (see the
regulation making power at s 5); and
4. To make appropriate
provision in relation to the interpretation, and status, of EU law after exit
(see ss 6–8). In all of this, and in the transitional provision it makes
in Schedule 1, it is broadly consistent with provision within the UK Withdrawal
Bill.
The Law does not
require the preparation of what purports to be a comprehensive list of preserved
EU law. Instead, at s 3(2) there is a more general power for the Policy
& Resources Committee (after consultation with HM Procureur) to publish
information relating to preserved EU law. In this way, key examples of preserved
EU law can be published, and more comprehensive information could be published
if that were thought appropriate.
In addition to the
foregoing, the Law makes provision in respect of any withdrawal agreement that
the UK may enter into with the EU and which has application in the Bailiwick.
Section 1 repeals the
1973 Law on exit day (defined as 11 pm on 29 March 2019, or such other day as
the Policy & Resources Committee may appoint by regulations) but also
provides that regulations under s 5 can amend the 1973 Law before exit
day. Section 2 preserves EU provisions (another defined term) in domestic law
on exit day, subject to amendment by section 5 regulations and to the
provisions of any enactment coming into force on or after exit day. Section 3 provides
that such saved EU provisions are preserved EU law. Section 4 makes clear that
Ordinances under the European Communities (Implementation) (Bailiwick of
Guernsey) Law, 1994 (“the Implementation Law”) and other enactments
implementing EU provisions continue to have effect, notwithstanding the repeal
of the 1973 Law.
Section 5 gives power
to amend or repeal preserved EU law and other enactments by regulation where
that is necessary and expedient in consequence of the repeal of the 1973 Law or
otherwise in consequence of Brexit. To provide for enhanced scrutiny and
protection in respect of the exercise of this wide power, it sets out a process
of certification by HM Procureur at sub-s (3); this regulation making power
sits with the relevant Alderney and Sark Committees where exercised solely in
respect of those Islands. Sections 6 and 7 deal with the interpretation of
legislation and other related matters after “the designated day”,
which day is to be appointed by regulations made by the Policy & Resources
Committee. If there is a transition period during which EU law continues to
have effect, it is intended that the designated day will be the end of that
transition period; if there is not, the designated day will simply be the same
as exit day. Section 6 provides that a court may take account of relevant EU
law on and after the designated day, but is not obliged to do so, and is not
bound by that law, and makes some further specific provision. Section 7
provides that there is no right on or after the designated day to challenge any
preserved EU law on the grounds that before the designated day, the
corresponding EU provision was invalid. Section 8 deals with the status of preserved
EU law in the context of the Human Rights (Bailiwick of Guernsey) Law 2000 and
the Interpretation and Standard Provisions (Bailiwick of Guernsey) Law 2016.
Section 9 gives power
to the States to make provision in relation to any withdrawal agreement (a
defined term—see s 12), including provision equivalent to provision
in the 1973 Law, thus enabling the States to provide for EU law to continue to
have effect during a transition period. It also allows for such an ordinance to
provide that EU law which comes into force and is applicable in the Bailiwick
during that period to be preserved EU law. Section 10 deems the EU Charter of
Fundamental Rights to be an EU provision for the purposes of the Implementation
Law and thus susceptible to implementation by ordinance under that Law. Section
11 makes provision in respect of ordinances and regulations made under the Law;
sub-ss (6)–(10) are concerned with regulations made under s 5.
Section 12 is the interpretation section, s 13 gives effect to the two
Schedules, and ss 14 and 15 deal with citation and commencement.
Schedule 1 contains
consequential, transitional and saving provisions, including amendments to the
1973 Law and the 1994 Law. The amendments to the 1994 Law (para 4) are
consequential on provision made in this Law; the inserted definition of “EU
provision” provides both for EU provisions (whether or not directly
applicable in or binding upon the Bailiwick during any transition period) and
items of preserved EU law to be implemented by ordinance under the 1994 Law,
which will continue to be relevant in respect of items of preserved EU law. The
amendment to the 1973 Law (para 3 and Schedule 2) is to bring the definition of
the treaties in that Law up to date, in order for there to be clarity on the
face of the statute book in this regard. Paragraph 1 is concerned with
ambulatory references in EU provisions and how they should be read after exit
day. Paragraph 2 makes provision in respect of how powers to make subordinate
legislation should be read as applying in respect of preserved EU law.
Paragraph 5 is concerned with things being done (e.g. licences being issued) during the exit period, and para 6
makes protective provision in respect of court and tribunal proceedings begun,
and conduct which gives rise to any criminal liability occurring, before the
designated day.
Schedule
2 contains the updated definition of “the EU Treaties”.
(b) International Trade Agreements
(Implementation) (Bailiwick of Guernsey) Law 2018
(Billet
d’État No XVI of 2018. Approved 06.06.18)
As a result of
the UK’s withdrawal from the European Union, the Bailiwick of Guernsey
requires a suitable mechanism to implement any international trade agreements
to which it is a party, whether due to its inclusion by the UK or in its own
right. It may also wish to implement such agreements in the future where there
is no connection with the UK’s withdrawal. The purpose of this enabling
Law is to provide that mechanism.
Section 1 of the Law
permits the States of Deliberation (in relation to Guernsey and the Bailiwick
as a whole) and the States of Alderney and the Chief Pleas of Sark (in relation
to their respective islands) to enact ordinances where it is necessary or
expedient for the purpose of implementing any international trade agreement or
resolving trade disputes arising from an international trade agreement. Section
2 makes general provision in respect of ordinances made under s 1, and the
remaining sections deal with interpretation, citation and commencement.
The Law defines an “international
trade agreement” as a free trade agreement, any other international
agreement that relates to trade, and the Agreement on Government Procurement of
the World Trade Organisation.
2. ORDINANCES
APPROVED BY THE STATES OF DELIBERATION
(a) Data Protection (Commencement, Amendment and
Transitional) (Bailiwick of Guernsey) Ordinance 2018
(Billet d’État
No XII of 2018. Approved 16.05.18—in force 25.05.18)
This Ordinance
is made under the Data Protection (Bailiwick of Guernsey) Law 2017 (“the
Law”). It amends the Law, makes consequential amendments to Ordinances in
Guernsey, Sark and Alderney relating to e-Privacy, and makes transitional and
savings provisions. It brought the Law and this Ordinance into force on 25 May
2018.
Part II provides for a
transitional period of one year before controllers and processors are required
to comply with certain duties under the Law or the Data Protection (Law
Enforcement and Related Matters) (Bailiwick of Guernsey) Ordinance 2018. It
also allows public authorities to continue processing personal data under the
Law based on the legitimate interest of those public authorities during this
transitional period. Finally this part makes provision for notification of a
personal data breach occurring before the commencement of the Law.
Part III saves the
effect of consent to authorisation validly obtained under the Data Protection
(Bailiwick of Guernsey) Law 2001 (“former Law”) before the
commencement of the Law. It also saves designations and notifications of
Bailiwick representatives, and authorisations for transfers given by the Data
Protection Commissioner under the former Law. Finally, it saves proceedings
brought or offences committed under the former Law, and provides for other
things done under the former Law to continue to have effect where there are
corresponding provisions for those things under the new Law.
Part IV transfers
assets, rights, liabilities, obligations, records, etc of the Data Protection Commissioner to the Authority.
Part V revokes orders
and regulations made under the former Law, and makes several amendments to the
Law. It also amends the European Communities (Implementation of Privacy
Directive) (Guernsey) Ordinance 2004 and equivalent ordinances in Alderney and
Sark to align those ordinances with the enforcement provisions under the new
Law.
(b) Data Protection (Law Enforcement and Related
Matters) (Bailiwick of Guernsey) Ordinance 2018
(Billet d’État
No XII of 2018. Approved 16.05.18—in force 25.05.18)
This Ordinance
is made under the Data Protection (Bailiwick of Guernsey) Law 2017, and
implements provisions equivalent to the EU Law Enforcement Directive (Directive
(EU) 2016/680), with adaptations, exceptions and exemptions tailored to the
needs of the Bailiwick.
(c) Income
Support (Implementation) (Amendment) Ordinance 2018
(Billet d’État
No XVI of 2018. Approved 06.06.18—in force 06.07.18)
This Ordinance
amends the Supplementary Benefit (Implementation) Ordinance 1971, which was
renamed as the Income Support (Implementation) Ordinance 1971, from 6 July
2018.
New short term and long
term weekly requirement rates for the assessment of income support are set out
in inserted tables 2 and 3 in the Schedule to the Ordinance. In general terms
short term rates are decreased but long term rates, for longer term claimants,
are increased and allowances, related to the calculation of a claimant’s
requirements, are generally increased.
The Ordinance also
makes amendments affecting those entitled to have their claims assessed under
the higher long term requirement rates.
Other amendments are
made in relation to allowances which affect the calculation of a claimant’s
requirement rates. The maximum rent allowances for householders are also
extended, capital allowances significantly increased, and provision made for a
new extra-needs allowance.
The Ordinance raises
the amount of earnings per week which are disregarded for the purposes of
calculating the resources of claimants.
(d) Alderney (Application of Legislation)
(Income Support) Ordinance 2018
(Billet d’État
No XVI of 2018. Approved 06.06.18—in force 06.07.18)
This Ordinance
applies the Income Support (Guernsey) Law 2017 to Alderney under the Alderney
(Application of Legislation) Law 1948.
(e) Income Tax (Guernsey) (Approval of Agreement
with San Marino) Ordinance 2018
(Billet d’État
No XVI of 2018. Approved 06.06.18—in force 07.06.18)
This Ordinance
specifies, as an approved
international agreement, an agreement providing for the obtaining,
furnishing and exchanging of information in relation to tax, made for the purposes
of the Income Tax (Guernsey) Law 1975.
The agreement specified
was made between the States of Guernsey and the Republic of San Marino,
contained in a Protocol signed on 19 December 2017 and 14 December 2017 on
behalf of Guernsey and San Marino respectively (which amends the agreement
between the States of Guernsey and the Republic of San Marino providing for the
exchange of information relating to tax matters signed on the 29 September 2010).
(f) Electoral System Referendum (Guernsey) Law
2018 (Commencement) Ordinance 2018
(Billet d’État
No XVI of 2018. Approved 06.06.18—in force 06.06.18)
This Ordinance
commences the Electoral System Referendum (Guernsey) Law 2018, which will come
into force on 11 June 2018.
(g) Land Planning and Development (Exemptions)
(Amendment) Ordinance 2018
(Billet d’État
No XVIII of 2018. Approved 27.06.18—in force 27.06.18)
This Ordinance
substitutes the existing exemption (from the requirement to obtain planning
permission) for election signs in the Land Planning and Development
(Exemptions) Ordinance 2007. The
main change is to add, in new para 4(b), an exemption for the temporary display
of signs promoting campaigns in relation to, or the subject matter of which is
otherwise in connection with, a referendum to be held in Guernsey under
legislation; it covers signs which are displayed during the period immediately
preceding a referendum. The current similar exemption for signs in relation to
States or Parish elections is retained but the wording has been reordered. The
amendment has been made because of the referendum on Island-wide voting,
planned to be held in October 2018,
but is worded generally to apply to any referendum held under legislation in
Guernsey.
(h) Alderney
(Application of Legislation) (Adoption) Ordinance 2018
(Billet d’État
No XIX of 2018. Approved 18.07.18—in force 18.07.18)
This Ordinance
applies the Adoption (Guernsey)
(Amendment) Law 2017 to Alderney under the Alderney (Application of
Legislation) Law 1948.
3. ORDINANCES,
SUBORDINATE LEGISLATION ETC LAID
BEFORE THE STATES OF DELIBERATION
(a) Post Office
(Bailiwick of Guernsey) Law 2001 (Amendment) Ordinance 2018
(Billet d’État No XII of 2018. Made by the
Policy & Resources Committee—in force 27.03.18 and laid on 16.05.18)
(b) Health Service (Benefit)
(Limited List) (Pharmaceutical Benefit) (Amendment No 2) Regulations 2018
(Billet d’État No XII of 2018. Made by the
Committee for Employment & Social Security—in force 07.03.18 and laid
on 16.05.18)
(c) Misuse of Drugs (Modification No 2) Order 2018
(Billet d’État No XII of 2018. Made by the
Committee for Health & Social Care—in force 01.04.18 and laid on
16.05.18)
(d) Regulation of
Investigatory Powers (Bailiwick of Guernsey) (Amendment) Ordinance 2018
(Billet d’État No XVI of 2018. Made by the
Policy & Resources Committee—in force 28.03.18 and laid on 06.06.18)
(e) Liquor Licensing (Fees) Regulations 2018
(Billet d’État No XVI of 2018. Made by the
Committee for Home Affairs—in force 01.06.18 and laid on 06.06.18)
(f) Health Service (Benefit) (Limited List) (Pharmaceutical Benefit)
(Amendment No 3) Regulations 2018
(Billet d’État No XVI of 2018. Made by the
Committee for Employment & Social Security—in force 18.04.18 and laid
on 06.06.18)
(g) Libya (Restrictive Measures) (Guernsey)
Ordinance 2016
(Billet d’État No XVIII of 2018. Made by the
Legislation Select Committee—in force 02.02.16 and laid on 27.06.18)
(h) Road Traffic (Miscellaneous Amendments)
Ordinance 2018
(Billet d’État No XIX of 2018. Made by the
Policy & Resources Committee—in force 22.05.18 and laid on 18.07.18)
(i) Aviation Registry (Fees) Regulations 2018
(Billet d’État No XIX of 2018. Made by the
Committee for Economic Development—in force 21.05.18 and laid on
18.07.18)
(j) Air Navigation (Fees) Regulations 2018
(Billet d’État No XIX of 2018. Made by the
Director of Civil Aviation—in force 23.05.18 and laid on 18.07.18)
(k) Electoral System
Referendum (Referendum Period) Regulations 2018
(Billet d’État No XIX of 2018. Made by the
States Assembly & Constitution Committee—in force 11.06.18 and laid
on 18.07.18)
4. LAWS,
ORDERS IN COUNCIL, ETC REGISTERED IN
THE ROYAL COURT OF GUERNSEY
(a) Electoral System Referendum (Guernsey) Law 2018
(Billet d’État No V of 2018—registered
14.05.18. In force on a date to be appointed by Ordinance)
5.
SARK ORDINANCES CONSIDERED BY THE ROYAL COURT UNDER S 39(1) OF THE REFORM (SARK) LAW 2008
(a) Reform (Election of Conseillers)
(By-Election) (Sark) Ordinance 2018
(In force 11.04.18—placed
before the Private Court on 10.05.18)
(b) Conseillers
(Tenure of Office) (Sark) Ordinance 2018
(In
force 11.04.18—placed before the Private Court on 10.05.18)
(c) Regulation of Health Professions
(Non-Medical) (Sark) Ordinance 2018
(In
force 01.05.18—placed before the Private Court on 10.05.18)
(d) Fishing
(Sark) (Amendment) Ordinance 2018
(In
force 11.04.18—placed before the Private Court on 10.05.18)
(e) Venezuela (Restrictive Measures) (Sark) Ordinance 2018
(In
force 19.01.18—placed before the Private Court on 10.05.18)
6.
RULES OF COURT
None during this period.