Planning and
Building (Amendment No. 5) (Jersey)
Law 2010
A LAW to amend
further the Planning and Building (Jersey) Law 2002.
Adopted by the
States 2nd February 2010
Sanctioned by
Order of Her Majesty in Council 21st July 2010
Registered by the
Royal Court 6th
August 2010
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law, “principal Law” means the Planning and
Building (Jersey) Law 2002[1].
2 Article 1
amended
In Article 1(1) of the principal Law in the definition
“Island Plan” the words “in accordance with
Article 3” shall be deleted.
3 Article
3 amended
(1) In
the heading to Article 3 of the principal Law for the words “an
Island Plan” there shall be substituted the words “a draft Island
Plan”.
(2) In
Article 3 of the principal Law –
(a) in
paragraph (1) for the words “an Island Plan” there shall be
substituted the words “a draft Island Plan”;
(b) in
paragraph (2) for the words “a revision of that Plan”, in each
place that they appear, there shall be substituted the words “a draft
revision of the Island Plan”;
(c) in
paragraph (3) for the words “the Island Plan or a revision of
it” there shall be substituted the words “a draft Island Plan or a
revision of the Island Plan”;
(d) in
paragraph (4)(a) for the words “the Island Plan” there shall
be substituted the words “a draft Island Plan or a draft revision of the
Island Plan”;
(e) in
paragraph (6) for the words “the Island Plan or any revision of
it” there shall be substituted the words “a draft Island Plan or a
draft revision of the Island Plan”.
4 Article
4 amended
(1) For
the heading to Article 4 of the principal Law there shall be substituted
the heading “Form of draft Island Plan”.
(2) In
Article 4 of the principal Law, in paragraphs (1) and (5), for the words
“the Island Plan” there shall be substituted the words “a
draft Island Plan”.
5 Article 4A
inserted
After Article 4 of the principal Law there shall be inserted
the following Article –
“4A Procedure
for and following lodging of draft Island Plan
(1) A draft Island Plan cannot be debated by the
States unless it has been lodged for a minimum period of 12 weeks.
(2) An amendment to a draft Island Plan cannot
be debated by the States unless it has been lodged for a minimum period of
8 weeks.
(3) An amendment to an amendment to a draft
Island Plan cannot be debated by the States unless it has been lodged for a
minimum period of 6 weeks.
(4) Paragraph (2) or (3) does not apply to
an amendment lodged by the Minister if the States agree that the amendment may
be debated forthwith or on a day or at a time approved by the States.
(5) The Minister may publicize a lodged
amendment to a draft Island Plan and seek representations from the public on
it.
(6) This Article applies to a draft revision of
an Island Plan as it applies to a draft Island Plan, and references in it to a
draft Island Plan shall be construed accordingly.
(7) In this Article –
‘amendment’
includes (except in paragraphs (2) and (3)) an amendment to an amendment;
‘draft Island
Plan’ means a Plan prepared by the Minister in accordance with
Article 3 and lodged by the Minister;
‘lodged’ means
lodged au Greffe.”.
6 Citation
and commencement
This Law may be cited as the Planning and Building (Amendment
No. 5) (Jersey) Law 2010 and shall come into force on the day
following the day it is registered.
m.n. de la haye
Greffier of the States