Control of Housing
and Work (Jersey) Law 2012
A LAW to establish a registration
process for residents of Jersey and to make provision for the control of work
and housing and for related purposes.
Adopted by the
States 6th July 2011
Sanctioned by
Order of Her Majesty in Council 17th October 2012
Registered by the
Royal Court 26th
October 2012
WHEREAS Jersey wishes to preserve and maximize the benefits
of its resources;
AND WHEREAS it is recognized that, in furtherance of these aims,
provision is needed for controlling –
(a) the
overall population density of Jersey; and
(b) the
availability of work and housing in Jersey for people with strong connections
or associations with Jersey and, more generally, in such a way that is in the
best interests of the community in Jersey –
THE STATES, subject to the sanction of Her
Most Excellent Majesty in Council, have adopted the following Law –
part 1
interpretation
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“adult” means any
person who is not a child;
“child” means any
person below school leaving age;
“Court” means the
Royal Court;
“Hawkers Law 1965”
means the Hawkers and Non-Resident Traders (Jersey) Law 1965[1];
“housing category”
means a housing category specified in Article 11(1);
“Housing Law” means
the Housing (Jersey) Law 1949[2];
“Housing Regulations”
means the Housing (General Provisions) (Jersey) Regulations 1970[3];
“individual” except
in Part 7, includes a child;
“land” means any
corporeal hereditament, including a building, and land covered with water;
“lease” means a
lease, underlease or other tenancy, assignment operating as a lease or
underlease, or an agreement for such a lease, underlease, tenancy or assignment
and the expressions “lessor” and “lessee” shall be
construed accordingly;
“Minister” except
where specified otherwise, means the Chief Minister;
“person” –
(a) in
Parts 2 to 6 means an adult;
(b) in
the remainder of this Law means, as the case requires an adult or a body of
persons, whether incorporated or unincorporated;
“prescribe” means
prescribe by Order;
“registration card”
means a card issued under Article 4;
“registered contract”
means a contract passed before the Court and registered in the Public Registry
of Contracts;
“residential and employment
status” means a residential and employment status specified in
Article 2(1);
“RUD Law 1973”
means the Regulation of Undertakings and Development (Jersey) Law 1973[4];
“school leaving age”
means the upper limit of compulsory school age by virtue of Article 2 of
the Education (Jersey) Law 1999[5];
“specified transaction”
shall be construed in accordance with Article 18;
“States funded body” has the same meaning as in the
Public Finances (Jersey) Law 2005[6];
“valid registration card”
means a registration card which, under Article 5, is permanent or which
has not expired;
“vary” includes
amend, replace, add to and revoke;
“work” means any of
the following –
(a) work
governed by a contract of employment;
(b) engagement
in any trade, business, profession or vocation;
(c) the
holding of an office;
(d) engagement
by a person in any other activity described in Article 23(1)(c);
“working day”
excludes Christmas Day, Good Friday, Saturday, Sunday and a public holiday
under the Public Holidays and Bank Holidays (Jersey) Act 2010[7].
(2) In
this Law references to premises, housing or a unit of dwelling accommodation
include any such premises, housing or unit of dwelling accommodation registered
under the Tourism (Jersey) Law 1948[8], the Nursing and Residential
Homes (Jersey) Law 1994[9] or the Lodging Houses
(Registration) (Jersey) Law 1962[10].
part 2
residential
and employment status
2 Residential
and employment status
(1) A person’s residential and employment
status shall be any of the following –
(a) Entitled;
(b) Licensed;
(c) Entitled for Work Only; or
(d) Registered,
if the person satisfies the
conditions for that status specified by the States in Regulations.
(2) In making Regulations under
paragraph (1), the States may –
(a) specify circumstances in which a person will
lose a particular residential and employment status; and
(b) make provision for the residential and
employment status of any particular person to be subject to such conditions as
may be determined by the Minister, including, without prejudice to the
generality of the foregoing, conditions relating to the occupancy of a specific
dwelling unit.
(3) The Minister shall –
(a) issue guidance concerning the effect on a
person’s residential and employment status of any temporary absence from
Jersey;
(b) lay a copy of such guidance before the
States; and
(c) arrange for the guidance to be published.
(4) Such guidance may make provision concerning
the circumstances in which a period of temporary absence –
(a) does not count towards determining a period
of residence required by Regulations as a condition for a particular
residential and employment status;
(b) does not break any period of continuous
residence for the purposes of any such condition.
(5) The Minister shall, by Order, specify the
date that guidance issued under paragraph (3) is to take effect.
(6) The Minister may, at any time, require a
person to provide the Minister with such documents and information as the
Minister may require, within such reasonable time as the Minister may specify,
for the purpose of determining or verifying the person’s residential and
employment status.
(7) A requirement under paragraph (6) shall
be in writing.
(8) A person who does not, without reasonable
excuse, comply with a requirement of the Minister under paragraph (6)
shall be guilty of an offence and liable to a fine of level 4 on the
standard scale.
(9) Any reference in this Law to a person who is
Entitled, Licensed, Entitled for Work Only or Registered, as the case may be,
or who has any such status, is a reference to a person who meets the conditions
for that status in Regulations under paragraph (1).
3 Application
for a registration card
(1) A person shall, if required to do so under
Article 7, 19 or 24, apply to the Minister for a registration card.
(2) A person who satisfies the conditions for a
residential and employment status specified in Regulations under Article 2
may apply at any time for a registration card or for the variation of a valid
registration card.
(3) An application under paragraph (1) or
(2) shall be in such form as may be determined by the Minister and accompanied
by such information and documents as the Minister may determine and such fee as
the Minister may prescribe.
(4) Before determining an application under
paragraph (1) or (2), the Minister may require the person who has made the
application to provide the Minister with such other documents or information as
the Minister may require for the purposes of verifying any of the following –
(a) the identity of the person;
(b) the person’s residential and
employment status; and
(c) any other information to be recorded on the
card.
(5) Following an application for a registration
card under paragraph (1) or (2) or for the variation of a person’s
residential and employment status recorded on an existing card, the Minister
shall decide whether a person meets the conditions for a residential and
employment status specified in Regulations under Article 2(1) and, if so,
determine that the person has that status.
(6) The Minister may require a person to attend
such place as he or she may specify for the purpose of applying for a
registration card.
(7) The Minister may by Order provide that any
person or person of a prescribed description is exempt from the duty under this
Law to apply for a registration card.
4 Registration
card
(1) Following a determination of a
person’s residential and employment status under Article 3(5), the
Minister shall, as appropriate, issue that person with a registration card or
vary a registration card.
(2) The registration card shall record the
following information in respect of the person whose identity is recorded on
the card –
(a) name;
(b) social security number;
(c) residential and employment status;
(d) date of the issue of the card;
(e) whichever of the following information is
applicable in accordance with Article 5 –
(i) the date of the expiry of the card,
(ii) whether the residential and employment
status recorded on the card is subject to verification by the Minister under
paragraph (4)(a) or (5)(a) of that Article,
(iii) whether the card is
permanent.
(3) The registration card may record such other
information as the Minister may determine concerning any conditions to which
the employment and residential status of the person whose identity is recorded
on the card is subject.
(4) A registration card shall –
(a) be in such form as the Minister may from
time to time determine; and
(b) remain the property of the Minister.
(5) The States may by Regulations specify other
information to be recorded on a registration card concerning the person whose
identity is recorded on the card.
(6) For the purposes of paragraph (5),
“information” means information in any form, whether or not in
writing, including a photograph of the person whose identity is recorded on the
card.
5 Duration
of a registration card
(1) The registration card of an Entitled person
who has permanent Entitled status in accordance with Regulations under
Article 2 shall be permanent.
(2) The registration card of an Entitled person
who, in accordance with Regulations under Article 2 –
(a) does not have permanent Entitled status; and
(b) is not capable of losing Entitled status in
the 5 year period following the date that the card is issued,
shall expire 5 years
after the date that the card is issued.
(3) The registration card of an Entitled person
who does not have permanent Entitled status in accordance with Regulations
under Article 2 but is capable of losing Entitled status in the
5 year period following the date that the card is issued shall expire in
accordance with paragraph (4).
(4) Such card shall expire on whichever of the
following dates occurs first –
(a) the date immediately prior to the date that
the person is required to have an appropriate valid registration card under
Article 19(1) or 24(1), as the case may be, unless the Minister
verifies that the person continues to meet, or is expected to continue to meet
on the latter date, the conditions for Entitled status for the purpose of the
relevant Article; or
(b) 5 years after the date the card is
issued.
(5) The registration card of an Entitled for
Work Only person or a Licensed person shall expire on whichever of the
following dates occurs first –
(a) the date immediately prior to the date that
the person is required to have an appropriate valid registration card under
Article 19(1) or 24(1), as the case may be, unless the Minister
verifies that the person continues to meet, or is expected to continue to meet
on the latter date, the conditions for Entitled for Work Only status or
Licensed status, as the case may be, for the purposes of the relevant Article;
or
(b) the date the person loses his or her
Entitled for Work Only status or Licensed status, as the case may be.
(6) The registration card of a Registered person
shall be permanent (whether or not the person is issued with another
registration card recording a different residential and employment status).
(7) Expiry of a registration card in accordance
with this Article shall not, by itself, have any effect on a person’s
residential and employment status, such status being determined in accordance
with Regulations made under Article 2.
(8) For the purposes of paragraph (4)(a)
and (5)(a), the Minister shall determine the means by which, and to whom, there
shall be communicated the verification described in those sub-paragraphs.
6 Offences
concerning registration cards
(1) A person who purports to sell, transfer or
assign a valid registration card or agrees to assign, sell or transfer such a
card is guilty of an offence and liable to a fine of level 3 on the
standard scale.
(2) A sale, transfer or assignment of a valid
registration card is of no effect.
(3) A person who wilfully defaces or destroys a
valid registration card is guilty of an offence and liable to a fine of
level 3 on the standard scale.
(4) A person who, with intent to
deceive –
(a) forges, alters or uses or lends to or allows
to be used by any other person, any registration card; or
(b) makes or has in the person’s possession any document so closely resembling a registration card as
to be calculated to deceive,
is guilty of an offence and
liable to imprisonment for a term of 2 years and to a fine.
(5) A person who knowingly makes any false
statement or withholds any material information for the purpose of –
(a) obtaining a registration card for himself,
herself or any other person;
(b) obtaining the variation of any registration
card;
(c) preventing the issue or variation of any
registration card; or
(d) procuring the imposition of any condition in
relation to a registration card,
is guilty of an offence and
liable to imprisonment for a term of 2 years and to a fine.
part 3
registration for newcomers to jersey
7 Requirement for
registration card
(1) A
person who meets the conditions described in paragraph (4) must have an
appropriate valid registration card for which an application has been made
within the time limit specified in paragraph (5).
(2) Paragraph (1)
does not apply to a person who, within the time limit specified in
paragraph (5), has an appropriate valid registration card for the purposes
of Article 24.
(3) For
the purposes of this Article, an appropriate valid registration card is a
registration card which correctly records the person’s employment and
residential status at the time of the person’s application for the card.
(4) For
the purposes of paragraph (1), the conditions are that the
person –
(a) is,
or expects to be, ordinarily resident in Jersey for a continuous period of
3 months or more on or after the date that this Article comes into force
(regardless of the nature of the premises occupied by the person during that
time); and
(b) has
not been ordinarily resident in Jersey for a continuous period of 3 months
or more immediately before –
(i) the
date that this Article comes into force, or
(ii) the
date the person attains the age of 16.
(5) Subject
to paragraph (6), the application for a registration card must be made no
later than the expiry of the first period of 3 months during which the
person is ordinarily and continuously resident in Jersey.
(6) If
the date from which a person has been ordinarily resident for a continuous
period of at least 3 months occurs before the date that this Article comes
into force, the application for a registration card must be made no later than
the expiry of the 3 month period starting on the date that this Article
comes into force.
(7) Temporary
absences from Jersey shall be disregarded in determining whether a person is
continuously resident in Jersey for the first period of 3 months during
which a person is ordinarily resident in Jersey provided that the majority of
that time is spent in Jersey.
(8) A person who contravenes paragraph (1)
shall be guilty of an offence and liable to a fine of level 3 on the
standard scale.
8 Registration
requirements for children not born in Jersey
(1) This Article applies to an adult who shares
a household with a child born after the date that this Article comes into
force, such child not being born in Jersey, if the adult is –
(a) the parent of the child; or
(b) another person with parental responsibility
for the child.
(2) An adult to whom this Article applies is
required to notify the Minister of the child’s name, gender, address and
date of birth, such notification taking place –
(a) at the time the adult applies for a
registration card under Article 3; or
(b) no later than 3 months after the date
the child starts a period of 3 months continuous ordinary residence in
Jersey.
(3) A notification under paragraph (2)
shall be in such form as the Minister may determine.
(4) If there is more than one adult to whom this
Article applies, compliance by one adult with the duty under paragraph (2)
discharges all other persons to whom this Article applies of that duty.
(5) A person who contravenes paragraph (2)
is guilty of an offence and liable to a fine of level 2 on the standard
scale.
(6) An adult to whom this Article applies is not
required to make a notification under this Article in respect of any child who
is the subject of a notification by that adult under Article 9(2)(b) or
(5)(a).
part
4
information
to the minister
9 Requirement
to give information to the Minister upon change of address
(1) A person who –
(a) moves to an address in Jersey on or after
the date that this Article comes into force; and
(b) is, or expects to be, ordinarily resident at
that address for a continuous period of 3 months or more,
must notify the Minister of
the information specified in paragraph (2) within the time limit specified
in paragraph (6).
(2) The information required for the purposes of
paragraph (1) is –
(a) the person’s full name (including
title), date of birth, the address to which the person has moved and the date
the person started the continuous period of 3 months ordinary residence at
that address;
(b) the full name (including title) and date of
birth of any other individual who moved to that address with the person; and
(c) if applicable, the date the person, or, if
known to the person, any individual referred to in sub-paragraph (b),
intends to leave that address, or has left that address, because he or she
intends to cease, or has ceased, being ordinarily resident in Jersey.
(3) A person who –
(a) has control of a unit of dwelling
accommodation in respect of which another person must make a notification under
paragraph (1); and
(b) is not a person referred to in
paragraph (2)(b) in respect of whom that other person must make a
notification,
must notify the Minister of
the information specified in paragraph (5) within the time limit specified
in paragraph (6).
(4) For the purposes of paragraph (3) a
person has control of a unit of dwelling accommodation if the person is
responsible for allowing the other person referred to in paragraph (3)(a)
to occupy that unit as his or her ordinary residence.
(5) The information required for the purposes of
paragraph (3) is –
(a) the full name (including title) of every
individual referred to in sub-paragraphs (a) and (b) of paragraph (2);
(b) the address of that unit of dwelling
accommodation and the capacity in which the person making the notification has
control of that unit, for example, as owner or lessor; and
(c) if known to the person making the
notification, the date that any individual referred to in
sub-paragraph (a) or (b) of paragraph (2) intends to leave that unit
of dwelling accommodation, or has left that unit of dwelling accommodation,
because the individual intends to cease, or has ceased, being ordinarily
resident in Jersey.
(6) A notification under paragraph (1) or
(3) –
(a) in respect of the information described in
sub-paragraphs (a) and (b) of paragraph (2) or
sub-paragraphs (a) and (b) of paragraph (5), as the case may be,
shall be made no later than the expiry of the first period of 3 months of
continuous residency at that address by any individual who is the subject of the
notification;
(b) in respect of the information described in
paragraph (2)(c) or (5)(c), shall be made as soon as practicable
after the person making the notification becomes aware of the information.
(7) If there is more than one person subject to
the duty under paragraph (1) compliance with the duty by one person shall
discharge all other persons who are subject to that duty.
(8) If there is more than one person who is
subject to the duty under paragraph (3), compliance with the duty by one
person shall discharge all other persons who are subject to that duty.
(9) A notification under paragraph (1) or
(3) shall be in such form as the Minister may determine and accompanied by such
documents or other information that the Minister may require to verify the identify
of any individual who is the subject of the notification.
(10) Temporary absences from an address shall be
disregarded in determining whether a person is continuously resident at that
address for the first period of 3 months at that address provided that the
majority of that time is spent residing there.
(11) The requirements under paragraphs (1) and (3)
do not apply to a person in respect of information that has been notified to
the Minister under another prescribed provision in any prescribed enactment.
(12) A person who fails to comply with
paragraph (1) or (3) shall be guilty of an offence and liable to a fine of
level 2 on the standard scale.
(13) The Minister may by Order –
(a) modify the requirements of this Article in
respect of such individual or description of individual as may be specified in
the Order; and
(b) make provision for treating any person as
being in control of a unit of dwelling accommodation for the purposes of this
Article or for the purposes of any modification under sub-paragraph (a).
10 Power to obtain
information from other departments
The Minister may, for the
purposes of facilitating compliance with this Law, obtain, in relation to any
individual, any of the following information that is held by any department or
administration for which a Minister is assigned responsibility notwithstanding
anything in any enactment to the contrary –
(a) full name (including title);
(b) date of birth;
(c) current address.
part 5
housing categories and occupation of
housing
11 Housing
categories
(1) A
unit of dwelling accommodation shall be in one of the following
categories –
(a) Qualified;
or
(b) Registered.
(2) The
category of a unit of dwelling accommodation shall be as specified in
Article 12, 13 or 14 (as the case requires) or as otherwise determined by
the Minister under Article 15.
(3) For
the purposes of Articles 12 and 13, a unit of dwelling accommodation the
construction of which is completed on or after the date that this Article comes
into force (whether or not construction is begun before the date that this
Article comes into force) shall be deemed to be created on the date of
completion.
12 Housing
created after the date this Law comes into force
Any unit of dwelling accommodation to which Article 13 does not
apply shall be Qualified subject to such conditions (if any) as the Minister
may specify under Article 15.
13 Categorization
of housing created before the date this Law comes into force
(1) This
Article applies to a unit of dwelling accommodation –
(a) created
before the date that this Article comes into force; or
(b) created
on or after the date this Article comes into force if –
(i) its sale,
transfer or lease was subject to a consent granted by the Minister for Housing
under the Housing Regulations, or
(ii) it was otherwise
subject to a condition specified by the Minister for Housing prior to the date
this Article comes into force relating to the occupation, use or disposal of
such a unit (whether or not under those Regulations).
(2) A
unit of dwelling accommodation to which this Article applies shall be Qualified
if, immediately before the date that this Article comes into force, such unit
was –
(a) subject
to a condition or restriction (howsoever arising) that it is occupied by a
person who would be permitted to purchase, take on a transfer of, or a lease
of, the unit by virtue of one or more provisions in Regulation 1 of the
Housing Regulations (whether or not such occupation took place);
(b) occupied
by a person who purchased, took on a transfer of, or a lease of, the unit by
virtue of a consent granted under any provision of the Housing Law or
Regulations made under that Law (whether or not the unit was subject to a
condition or restriction requiring such consent);
(c) subject
to the condition referred to in Article 7A of the Housing Law; or
(d) occupied
by a person who purchased, took on a transfer of, or leased the unit from a
parish or a States funded body or any person or body acting on behalf of the
public of Jersey.
(3) For
the purposes of paragraph (2) there shall be disregarded any concession
relating to occupancy of a unit of dwelling accommodation by a person who does
not satisfy a condition or restriction to which that unit is subject.
(4) A
unit of dwelling accommodation to which this Article applies –
(a) that
was acquired before –
(i) 4th
April 1949, or
(ii) 10th June 1993
by any of the means described in Article 5(a), (b) and (c) of the Housing
Law; or
(b) falls
within a description in Article 7(2) of the Housing Law,
and was not subsequently the subject of any specified transaction
within the meaning of Article 18(1)(a) of this Law prior to the date that
this Article comes into force shall be Qualified on the date of the first such
specified transaction concerning that unit.
(5) A
unit of dwelling accommodation to which this Article applies that is
acquired after the date that this Article comes into force –
(a) as
a result of dégrèvement;
(b) by
subrogation from a tenant après dégrèvement; or
(c) by
inheritance,
shall be Qualified.
(6) A
unit of dwelling accommodation to which this Article applies shall be
Registered if it is not Qualified under paragraph (2), (4) or (5).
(7) Subject
to paragraph (8), if immediately before the date that this Law comes into
force, any unit of dwelling accommodation to which this Article applies is
subject to any lawful condition, including any concession to such a condition,
relating to the occupancy, use or disposal of that unit, (whether or not that
condition or concession arises in or under any enactment) that condition,
including any such concession, shall be deemed to be a condition specified by
the Minister under Article 15 to which the housing categorization of that
unit is subject.
(8) Paragraph (7)
shall not apply to –
(a) any
condition (including any variation of a condition) attached to a grant of
planning permission (including permission given by a Development Order) under
the Planning and Building (Jersey) Law 2002[11]; or
(b) any
condition attached to a planning permission granted under an enactment repealed
by that Law,
and nothing in this Article shall affect the operation of any such
condition.
14 Specific
provisions in respect of premises registered under other enactments
(1) If,
after the date this Article comes into force, registration of any premises is
cancelled under the Tourism (Jersey) Law 1948, the Nursing and Residential
Homes (Jersey) Law 1994 or the Lodging Houses (Registration) (Jersey)
Law 1962, any unit of dwelling accommodation comprised in such premises
shall be Qualified (whether or not such unit was previously categorized as
Qualified under this Law).
(2) If,
following cancellation as described in paragraph (1), any such premises
are re-registered under any of the enactments described in paragraph (1),
the Minister shall determine the categorization of any unit of dwelling
accommodation comprised in such premises as if such determination were a change
of categorization under Article 15.
15 Conditions
and changes to housing categories
(1) An
owner of a unit of dwelling accommodation may apply to the Minister to change
the housing category of the unit of dwelling accommodation or to specify or
vary the conditions relating to the housing category of the unit of dwelling
accommodation.
(2) Such
application shall be in such form and accompanied by such fee as the Minister
may prescribe.
(3) The
Minister may, of his or her own motion, or following an application under
paragraph (1), make a determination relating to any of the
following –
(a) a
change in the categorization of a unit of dwelling accommodation;
(b) specification
or a variation of the conditions relating to the housing category of a unit of
dwelling accommodation.
(4) The
Minister shall not make a determination under paragraph (3) if the effect
of any such determination would render unlawful the occupation of such a unit
by any person who lawfully occupies the unit at the time of the determination.
(5) The
Minister shall not make a determination under paragraph (3) unless each
person who may be affected by the determination –
(a) has
been notified of the proposed change and of his or her right of appeal against
the determination under Article 41; and
(b) been
given an adequate opportunity to make representations to the Minister.
(6) For
the purposes of paragraph (5), a person who may be affected by the
determination means each person (if any) who occupies the unit of dwelling
accommodation as his or her ordinary residence and each person (including a
legal person) who is an owner of that unit of dwelling accommodation, including
any person who is an immediate landlord of the occupier of that unit.
(7) In
making a determination under paragraph (3), the Minister shall have regard
to any relevant factors relating to the supply and demand of housing,
particularly in relation to the interests of persons with Entitled status and
may have regard to any other factors he or she considers relevant.
(8) If
the Minister makes a determination following an application under
paragraph (1), the Minister shall notify the applicant of his or her
determination not later than 6 weeks after the date of the application.
(9) For
the purposes of paragraph (1) “owner” –
(a) excludes
the lessee of a unit of dwelling accommodation unless the lessee has the
written permission of the owner to make such an application;
(b) in
the case of a unit of dwelling accommodation to which the Loi (1991) sur la
copropriété des immeubles bâtis[12] applies, means the owner of
a lot;
(c) in
the case of share transfer property, means the company owning the unit of
dwelling accommodation.
(10) For the
purposes of paragraph (9)(c), “share transfer property” means
any unit of dwelling accommodation where a person’s entitlement to use
and occupy the unit of dwelling accommodation arises by virtue of the ownership
by that person of shares in a company that owns the unit.
(11) A person
who contravenes a condition which is the subject of a determination under this
Article shall be guilty of an offence and liable to a fine.
(12) The
Minister’s powers under this Article shall not apply to –
(a) any
condition (including any variation of a condition) attached to a grant of
planning permission (including permission given by a Development Order) under
the Planning and Building (Jersey) Law 2002; or
(b) any
condition attached to a planning permission granted under an enactment repealed
by that Law,
and nothing in this Article shall affect the operation of any such
condition.
16 Register
of housing
(1) The
Minister shall keep a register of all units of dwelling accommodation
showing –
(a) the
housing category of each unit; and
(b) whether
there are any conditions or concessions to which that categorization is
subject.
(2) Any
person may inspect the register during normal business hours free of charge or
take a copy of any part of the register subject to
payment of any prescribed fee.
17 Occupation of
Qualified housing
(1) A
person shall not occupy a unit of dwelling accommodation that is Qualified as
his or her ordinary residence unless –
(a) the
person is Entitled or Licensed;
(b) the
person occupies the unit with the consent of another person who is Entitled or
Licensed provided that the other person occupies the whole or a substantial
part of that unit as his or her sole or principal place of residence in Jersey;
(c) the
person is Entitled for Work Only and has purchased the unit of dwelling
accommodation as a party to a specified transaction described in
Article 18(1)(a) to which his or her spouse, being an Entitled person or a
Licensed person, was also a party in the same capacity;
(d) the
person has acquired the property by inheritance; or
(e) the
person occupies the unit with the consent of the Minister under
paragraph (2).
(2) The
Minister may grant consent to any person who has previously occupied a unit of
dwelling accommodation by virtue of any of sub-paragraphs (a) to (c) of
paragraph (1) to live in any unit of dwelling accommodation that is
Qualified as his or her ordinary residence for such period as may be specified
by the Minister (which may be determined by the happening of an event).
(3) If
a person occupies a unit of dwelling accommodation under paragraph (1)(b)
the person may at any time request the Minister to verify the residential and
employment status of the person giving consent to the occupation and the
Minister shall comply with such a request.
(4) Where
it appears to the Minister that a person is occupying a unit of dwelling
accommodation in contravention of paragraph (1), the Minister may make an
application to the Court for a declaration that, for the purposes of this Law
and any Regulations made under this Law, a person shall be deemed not to be, or
not to have been, ordinarily resident in Jersey in respect of any period during
which the person has occupied, or is in occupation of, a unit of dwelling
accommodation in contravention of this Article.
(5) In
making a declaration under paragraph (4), the Court may make such
incidental provision as it thinks fit.
(6) An
application in respect of a person under paragraph (4) must be made within
6 months of the date the Minister becomes aware of occupation by that
person of a unit of dwelling accommodation in contravention of this Article.
(7) Any
person who occupies a unit of dwelling accommodation as his or her ordinary
residence in contravention of this Article is guilty of an offence and liable
to a fine.
part 6
land transactions
18 Specified
transactions
(1) For the purposes of this Part a specified
transaction is –
(a) a registered contract for the sale or
transfer of any land in perpetuity, or for a term expiring on the happening of
a specified event, or for the unexpired portion of any such term as aforesaid;
or
(b) a lease of any land, whether oral or in
writing, including a registered contract of lease.
(2) A specified transaction shall not
include –
(a) any contract of partition of inherited or
devised immovable property; or
(b) any lease where the land demised by the
lease does not comprise a unit of dwelling accommodation.
(3) The States may by Regulations amend
paragraph (2).
19 Prohibition on
specified transactions without an appropriate valid registration card
(1) No person shall be a party to a specified
transaction unless the person acquiring land that is the subject of that
transaction –
(a) has an appropriate valid registration card;
and
(b) is not prohibited from being such a party
under this Article.
(2) For the purposes of this
Article –
(a) an appropriate valid registration card of a
person is a registration card recording the person’s residential and
employment status, the conditions for such status being satisfied by that
person on the date of the specified transaction; and
(b) references to the acquisition of land mean
acquiring land as a purchaser, lessee or transferee.
(3) Subject to paragraph (6), a person who
is Registered or Entitled for Work Only shall not acquire land as a party to
any transaction described in Article 18(1)(a).
(4) A person who is Registered or Entitled for
Work Only shall not acquire land as a party to any transaction described in
Article 18(1)(b) that is a registered contract of lease.
(5) Subject to paragraph (4), a person who
is Registered or Entitled for Work Only shall not acquire land as a party to
any transaction described in Article 18(1)(b) except a transaction in
relation to a unit of dwelling accommodation that is Registered, such transaction
being subject to the condition that the unit of dwelling accommodation will be
occupied by the person as his or her sole or principal place of residence in
Jersey.
(6) Paragraph (3) does not apply where a
person who is Entitled for Work Only is a party to a specified transaction
described in Article 18(1)(a) to which his or her spouse –
(a) being an Entitled person, is also a party
(whether or not each spouse is a party to the specified transaction in the same
capacity); or
(b) being a Licensed person, is also a party,
(each spouse being a party to the specified transaction as joint purchaser or
transferee).
(7) A person who is Licensed shall not acquire
land as a party to any transaction described in Article 18(1)(a)
unless –
(a) the transaction involves a unit of dwelling
accommodation which will be occupied by the person as his or her sole or
principal place of residence in Jersey; and
(b) the transaction is subject to a condition
that the Licensed person and, if applicable, any spouse who jointly owns the
unit of dwelling accommodation, will cause the unit of dwelling accommodation
to be sold to a person who can lawfully occupy the unit under this Law in the
event that the Licensed person is no longer permitted to occupy the unit of
dwelling accommodation under Article 17(1)(a) or (e).
20 Specified
transactions concerning companies etc
(1) In this Article “legal person”
includes –
(a) any body of persons, corporate or
unincorporated;
(b) the Crown; and
(c) a corporation sole,
but excludes Her Majesty in
her private capacity and any other individual.
(2) A legal person shall not acquire land as a
party to a specified transaction except with the prior consent in writing of
the Minister.
(3) A legal person may make an application to
the Minister for consent under paragraph (2) in such form and accompanied
by such documents as the Minister may determine and accompanied by such fee as
the Minister may prescribe.
(4) In deciding whether to grant consent under
paragraph (2), the Minister shall take into account whether consent, can,
in the best interests of the community, be justified, with particular regard to
the supply and demand of property and, where relevant, to promoting ownership
of residential property by persons with Entitled status.
(5) Subject to paragraph (7), the Minister
may grant consent under paragraph (2) subject to such conditions as he or
she thinks fit.
(6) If the Minister refuses to grant consent
under paragraph (2), or grants consent subject to conditions, he or she
shall notify the applicant in writing with reasons and, at the same time,
inform the applicant of his or her right of appeal under Article 41.
(7) The Minister’s powers under
paragraph (5) shall not apply to –
(a) any condition (including any variation of a
condition) attached to a grant of planning permission (including permission
given by a Development Order) under the Planning and Building (Jersey)
Law 2002; or
(b) any condition attached to a planning
permission granted under an enactment repealed by that Law,
and nothing in this Article
shall affect the operation of any such condition.
(8) Paragraph (2) shall not apply to any
specified transaction described in Article 18(1)(b), where the party
acquiring land is a public utility undertaking and the land is for the purposes
of accommodating any apparatus necessary for the supply or control of gas,
electricity, water, or telecommunications.
(9) In paragraph (8), “public utility
undertaking” means any legal person authorized by or under any enactment
to carry on a gas, electricity, water or telecommunications undertaking.
21 Offences
concerning specified transactions
(1) A person who is a party to a specified
transaction (in any capacity) in contravention of any provision in this Part
shall be guilty of an offence and liable to a fine.
(2) A person who breaches any condition
described in this Part to which a specified transaction is subject shall be
guilty of an offence and liable to a fine.
part
7
controls on working
22 Interpretation
(1) In
this Part –
“agency” means a person (the “agent”) who
supplies an individual (“the agency worker”) to work for another
(the “principal”) under a contract or other arrangements between
the agent and the principal, such agency worker not working under a contract of
service with the agent or the principal;
“authorized person” means the Minister or any individual
authorized by the Minister under Article 33 to perform functions under
this Part;
“business document” means any document that –
(a) relates
to the carrying on of an undertaking;
(b) relates
to the activity of being a hawker or non-resident trader; or
(c) forms
part of any record under any enactment;
“business licence” means a licence granted in respect of
any undertaking involving work or services other than either or both of the
following –
(a) hawking;
(b) any
work or services performed or offered in Jersey by non-resident traders;
“business premises” means premises used in connection
with the carrying on of an undertaking or the activity of being a hawker or
non-resident trader whether or not such premises are in a person’s place
of residence or are the sole premises used for any such purpose;
“group”, in relation to a body corporate, means that
body corporate, any other body corporate which is its holding body corporate or
subsidiary and other body corporate which is a subsidiary of that holding body
corporate;
“hawker” means an individual who goes from door to door
of residential premises, other than pursuant to an express prior arrangement
with the owner or occupier of those premises, for the purpose of any of the
following –
(a) selling
goods;
(b) offering
or exposing goods for sale;
(c) buying
or offering to buy goods;
(d) providing
or offering to provide, any services,
other than for the sole purpose of delivering printed matter advertising
any such activities;
“hawker’s licence” means a licence granted to a
hawker;
“holding body corporate” has the same meaning as a
holding body in Article 2 of the Companies (Jersey) Law 1991[13];
“intoxicating liquor”
has the same meaning as in the Licensing
(Jersey) Law 1974[14];
“licence” means any of the following licences granted
under Article 26, as the case requires –
(a) a
business licence;
(b) a
non-resident trading licence;
(c) a
hawker’s licence;
“licence holder” means –
(a) a
person carrying on an undertaking in respect of which a licence has been
granted under Article 26;
(b) a
person (whether or not carrying on an undertaking) who holds a hawker’s
licence;
“non-resident trader” means any person (other than a
hawker) who –
(a) is
not ordinarily resident in Jersey; or
(b) who
does not have any permanent business premises in Jersey,
and who, being physically present, uses any place in Jersey, or
moves from place to place in Jersey, for the purpose of selling or
offering or exposing for sale goods or services to the public (whether such
goods or services are supplied in Jersey or in a country or territory outside
Jersey) or for the purpose of buying, or offering to buy, goods from the
public;
“non-resident trading licence” means a licence granted in
respect of an undertaking involving any work or services performed or offered
in Jersey by non-resident traders;
“payment” refers to any form of remuneration,
including –
(a) commissions
and benefits in kind;
(b) rents
and receipts for the provision of accommodation,
and “paid” shall be construed accordingly;
“subsidiary” has the meaning given in Article 2 of
the Companies (Jersey) Law 1991;
“recognized stock exchange”
means –
(a) the
Channel Islands Stock Exchange;
(b) any
market for the buying and selling of securities which is situate in, and
recognized as, a stock exchange within the meaning of the law relating to stock
exchanges of any of the following –
(i) any member State
of the European Union,
(ii) Australia,
Canada, Hong Kong, Japan, Norway, Singapore, South Africa, Switzerland or the
United States of America; or
(c) any
other exchange approved in writing by the Minister;
“trading operation” means a trading operation designated
by Regulations under Article 25 of the Public Finances (Jersey) Law 2005
or taken to be designated by such Regulations under another enactment.
23 Meaning
of “undertaking”
(1) Subject
to this Article, “undertaking” means any –
(a) trade;
(b) business;
or
(c) activity
involving work or services performed for, or offered to members of the public,
including a section of the public,
carried on in Jersey by any person whether or not carried on for
profit.
(2) For
the purposes of paragraph (1) a trade, business or activity is not an
undertaking if no individual working for the undertaking is paid for such work.
(3) For
the purposes of this Law the following persons shall be treated as carrying on
an undertaking –
(a) where
an undertaking is carried on by a legal person, the legal person; or
(b) where
an undertaking is not carried on by a legal person, the individual or
individuals having responsibility for the management, direction and control of
the undertaking.
(4) In
determining whether an undertaking is being carried on in Jersey –
(a) it
is irrelevant whether it has an address in Jersey or whether any address from
which the undertaking is carried on is fixed or is a business address or is a
dwelling house or some other premises provided that the undertaking has a
physical presence in Jersey; and
(b) it
is irrelevant whether activities being carried on in Jersey comprised in the
undertaking are ancillary to any trade or business carried on by the
undertaking outside Jersey.
(5) For
the purposes of paragraph (4)(a), ‘physical presence’ may
refer to the physical presence in Jersey of –
(a) any
person working in or for the undertaking; or
(b) any
item in the custody or ownership of the undertaking,
however for the avoidance of doubt, the presence in Jersey of a
person working in or for an undertaking carrying on activities outside Jersey
only for the purpose of meeting staff of another undertaking does not of itself
constitute physical presence of the former undertaking in Jersey.
(6) Subject
to paragraph (7), States funded bodies shall together be deemed to be a
single undertaking for the purposes of this Part.
(7) Each
parish, trading operation and any prescribed States funded body shall each be a
separate undertaking.
24 Requirement
to have a registration card for work
(1) A
person, being an individual, shall not start new work in Jersey unless that
person has an appropriate valid registration card.
(2) A
person shall not appoint another person to work in or for an undertaking unless
the latter has an appropriate valid registration card.
(3) For
the purposes of this Article, an appropriate valid registration card is a
registration card recording the person’s residential and employment
status, the conditions for such status being satisfied by the person on the
date the person starts new work.
(4) A
person starts new work for the purposes of this Article –
(a) if
the person works under a contract of employment for a person for whom the
person has not previously worked;
(b) if
the person works under a contract of employment for a person for whom the
person has previously worked and the continuity of the period of the
person’s employment has been broken within the meaning of the Employment
(Jersey) Law 2003[15]; or
(c) if
there is no contract of employment, the person works in or for an
undertaking –
(i) in or for which
the person has not previously worked, or
(ii) in or for which
the person has previously worked but the length of time which has elapsed since
ending that work is such that the person would ordinarily be regarded as
starting new work.
(5) For
the purposes of paragraph (4), subject to paragraph (6), a person
works for another person under a contract of employment if –
(a) the
first person works for the second person under a contract of service or
apprenticeship with the second person; or
(b) the
first person enters into any other contract with the second person under
which the first person undertakes to do, or to perform personally, work or
services for the second person.
(6) Subject
to any Order under paragraph (7), any individual working in or for an
undertaking (first undertaking) shall not be deemed to be working for a second
undertaking where the second undertaking is a client or customer of the first
undertaking.
(7) The
Minister may, by Order, specify circumstances in which persons supplied by an
agency to work for another undertaking shall be regarded for the purposes of
this Article as working for the agency or the other undertaking or both.
(8) An
individual who works under a contract of service or apprenticeship for a body
corporate within a group and who works for an undertaking being carried on in
Jersey consisting of or including any body corporate within the group (whether
or not under that contract or some other arrangement), shall be deemed to be
working for the undertaking being carried on in Jersey.
(9) It
is immaterial whether a contract to which this Article refers is express
(whether oral or in writing) or implied.
(10) A person
carrying on an undertaking in respect of which a licence has been granted may,
at any time, make a written request to the Minister to verify the employment
and residential status of any person working in or for the undertaking and the
Minister shall comply with such a request.
(11) A person
who contravenes paragraph (1) or (2) shall be guilty of an offence and
liable to a fine.
25 Requirement
for undertakings to have a licence
(1) A
person shall not carry on an undertaking in Jersey unless there is in force
such licence or licences as are appropriate for the operation of that
undertaking.
(2) For
the purpose of paragraph (1) an appropriate licence is any of the
following, as the case requires –
(a) a
business licence;
(b) a
hawker’s licence;
(c) a
non-resident trading licence.
(3) Subject
to paragraphs (4) to (7), an undertaking which does not have a non-resident
trading licence does not have an appropriate licence if –
(a) there
is any significant change in the ownership of the undertaking after the date
that this Article comes into force;
(b) more
than 60 days have elapsed since that change took place; and
(c) the
person carrying on the undertaking did not make an application, by the date of
the expiry of that 60 day period, for the grant of a licence, or, if such
an application was made, it was withdrawn or, under Article 26(7), treated
as having been withdrawn.
(4) For
the purposes of paragraph (3), where the undertaking is a company with a
share capital –
(a) a
person shall be deemed to own shares if the person has any interest in them
(whether equitable, legal or contractual) other than an interest as a bare
nominee or bare trustee; and
(b) “significant”
means the acquisition of share capital (whether or not by means of one or more
acquisitions) such that the share capital in the company owned by any of the
following persons (whether or not acting collectively) is, when aggregated,
less than 60% –
(i) Entitled,
(ii) Licensed,
(iii) Entitled for Work Only.
(5) For
the purpose of paragraph (3) there shall be disregarded an undertaking
which is listed on a recognized stock exchange.
(6) For
the purposes of paragraph (3) there shall be disregarded a company with a
share capital in respect of which –
(a) there
has been one significant change in the ownership of that undertaking after the
date that this Article comes into force; and
(b) since
that change, the amount of share capital owned by any of the persons described
in paragraph (4)(b) (whether or not acting collectively) has not increased
to 60% or more.
(7) The
Minister shall issue guidance concerning the application of paragraph (3)
in respect of an undertaking that is not a company with a share capital, and
shall, by Order, specify the date such guidance shall come into effect.
(8) A
person who contravenes paragraph (1) shall be guilty of an offence and
liable to imprisonment for a term of 2 years and to a fine.
(9) The
Minister may by Order provide that any undertaking or undertaking of a
prescribed description is exempt from the duty to have a licence under this
Article.
(10) The
Minister may, by Order –
(a) amend
any expression of time referred to in sub-paragraphs (b) and (c) of paragraph
(3);
(b) amend
paragraphs (4) to (7) in respect of the circumstances in which there is deemed
to be a significant change in the ownership of an undertaking for the purposes
of paragraph (3).
(11) The
States may, by Regulations, repeal paragraphs (3) to (7), (10) and this
paragraph.
26 Grant
and duration of a licence
(1) A
person may make an application in respect of the operation of an undertaking
for a business licence, a non-resident trading licence or a hawker’s licence
as the case requires.
(2) References
in this Article to a “licence” are to the type of licence in
respect of which an application is made.
(3) An
application under paragraph (1) shall be in such form as the Minister
determines and accompanied by such documents as the Minister may require and be
accompanied by such fee as may be prescribed.
(4) Upon
receipt of an application under paragraph (1) and such further information
or documents as the Minister may require for the purpose of determining the
application, the Minister may –
(a) grant
a licence with or without an expiry date (subject to Article 28(1)) in the
case of a hawker’s or non-resident trading licence); or
(b) refuse
to grant a licence.
(5) If
the Minister grants a licence he or she shall specify, as a condition of the
licence, the nature of the undertaking authorized by the licence and may do
either or both of the following –
(a) impose,
with reasons, such other conditions as he or she thinks fit, subject to
Article 27(1);
(b) refuse
to impose, with reasons, any condition requested by the applicant.
(6) Activities
which are incidental or ancillary to, or a necessary part of, the nature of the
undertaking specified under paragraph (5) are deemed to be authorized by
the licence.
(7) If
a person making an application does not, without reasonable excuse, provide
such further information or documents under paragraph (4) within one month
of the Minister giving notice of requiring such information or documents, or
such longer period as the Minister may allow, the Minister may treat the
application as having been withdrawn.
(8) Where
the Minister –
(a) refuses
to grant a licence; or
(b) grants
a licence but refuses to grant it subject to any condition requested by the
applicant,
he or she shall give the applicant a statement in writing of reasons
for that decision and, at the same time, notify the applicant of the
applicant’s right of appeal under Article 41.
(9) In
determining whether to grant a licence, the Minister shall have particular
regard to –
(a) preserving
and maximising the benefits of Jersey’s resources;
(b) promoting
a balanced and prosperous economy;
(c) protecting
the integrity and reputation of Jersey in commercial and financial matters;
(d) any
relevant policies of the States of Jersey;
(e) whether
such a grant would be in the public interest; and
(f) in
the case of a hawker’s licence, whether the applicant is a fit and proper
person.
(10) In
determining whether the applicant is a fit and proper person for the purposes
of paragraph (9)(f), the Minister may take into account any previous
convictions of the applicant that are not spent under the Rehabilitation of
Offenders (Jersey) Law 2001[16] and for that purpose, the
Chief Officer of the States of Jersey Police Force shall provide the Minister
with such information concerning any such previous convictions as the Minister
may request.
(11) In
prescribing a fee for the purposes of paragraph (3) the Minister may make
provision for a refund of a fee in the event that an application is withdrawn
or the Minister refuses the grant of a licence.
(12) A
licence shall be in such form as may be determined by the Minister save that a
hawker’s licence shall include a photograph of the licence holder.
(13) A person
who, without lawful excuse, contravenes, or procures the contravention of, any
condition of a licence is guilty of an offence and liable to imprisonment for a
term of 2 years and to a fine.
27 Specific
provisions relating to a business licence
(1) If
the Minister decides to grant a business licence under Article 26(4), the
Minister shall specify as a condition of the business licence –
(a) the
maximum number (which may be nil) of individuals with Licensed and Registered
status respectively who are permitted to work in or for the undertaking; and
(b) if
any individuals with Licensed status are so permitted, each description of work
which may be done by an individual with that status.
(2) Without
prejudice to the Minister’s general power to attach conditions under
Article 26(5), the Minister may attach conditions relating to any of the
following matters in respect of a business licence –
(a) specified
accommodation to be occupied by persons working for the undertaking with
Licensed or Registered status (such accommodation being specified individually
or with reference to a general description which may include factors relating
to price);
(b) the
number of persons with Licensed status working in or for the undertaking who
shall be prohibited from being a party to any transaction described in
Article 18(1)(a);
(c) limits
on the period of time for which a person with Licensed or Registered status may
work in or for the undertaking;
(d) named
persons with Licensed or Registered status who may work in or for the
undertaking;
(e) periodic
reviews for the purpose of determining whether a variation of the licence is
appropriate.
(3) For
the purposes of complying with a condition under paragraph (1) there shall
be disregarded –
(a) any
individual working in or for an undertaking who is not paid for such work; and
(b) any
individual, or individual falling within such description, as may be prescribed
by Order.
(4) The
Minister may, by Order prescribe fees for any periodic review that is the
subject of a condition of a licence.
28 Specific
provisions relating to a hawker’s licence and a non-resident trading
licence
(1) If
the Minister decides to grant a hawker’s licence or a non-resident
trading licence under Article 26(4), the Minister shall specify on the
licence the period for which the licence shall remain in force, such period not
exceeding 12 months.
(2) No
hawker’s licence may be granted allowing any of the following goods to be
sold or offered or exposed for sale –
(a) tobacco;
(b) intoxicating
liquor;
(c) any
other prescribed goods.
(3) The
holder of a hawker’s licence shall produce his or her licence for
inspection forthwith on being required to do so –
(a) by
any police officer; or
(b) by
any person approaching the holder of the hawker’s licence in the course
of, and for the purposes of, his or her business as a hawker.
(4) A
person carrying on an undertaking in respect of which a non-resident trading
licence has been granted shall –
(a) ensure
that the licence is displayed in a prominent position at the place used for the
purposes of the undertaking when trade is being carried on at that place; or
(b) if
the nature of the trading is such that compliance with sub-paragraph (a)
is not possible, produce the licence for inspection forthwith on being required
to do so by any person described in paragraph (3) (as if that paragraph
referred to a non-resident trading licence).
(5) A
person who contravenes paragraph (3) or (4) shall be guilty of an offence
and liable to a fine.
29 Variation
of licences
(1) A
licence holder may, at any time, apply to the Minister to vary any condition of
a licence or the Minister may, of his or her own volition, give notice to a
licence holder that he or she intends to vary any condition of a licence.
(2) An
application under paragraph (1) shall be in such form and accompanied by
such documents as the Minister may require and be accompanied by such fee as
may be prescribed.
(3) A
notice under paragraph (1) shall give the licence holder adequate
opportunity to make representations with respect to the proposed variation.
(4) Subject
to paragraph (6), the Minister may –
(a) vary
any condition as he or she thinks fit by notice to the licence holder following
receipt of an application under paragraph (1) or following consideration
of any representations under paragraph (3); or
(b) refuse
to vary a condition following receipt of an application under
paragraph (1).
(5) In
exercising his or her powers under paragraph (4), the Minister shall have
regard to the factors specified in Article 26(9).
(6) The
Minister shall not vary any condition of a business licence so as to decrease
the maximum number of individuals of a specified residential and employment
status permitted to work in or for an undertaking below the number of
individuals of that status working in or for the undertaking, or who have been appointed
to work in or for that undertaking, at the time such a variation would take
effect.
(7) If
the Minister –
(a) refuses
to vary a condition of a licence following an application under this Article;
(b) varies
a condition of a licence of his or her own volition;
(c) varies
a condition of a licence following an application, such variation not being
requested by the applicant,
he or she shall give the licence holder a written statement of
reasons for the decision and, at the same time, notify the licence holder of
his or her right of appeal under Article 41.
(8) A
notice of a variation of a licence shall not take effect before –
(a) the
expiration of one month from the date on which notice in writing was given to
the licence holder under paragraph (7); or
(b) the
date any appeal under Article 41 is determined by the Court or withdrawn,
whichever is the later, unless the licence holder agrees that it
should take effect at an earlier date.
30 Revocation of a
licence
(1) A
licence granted under Article 26 (whether or not varied under
Article 29) may be revoked by the Minister by giving notice in writing to
the licence holder –
(a) if
the Minister is satisfied that –
(i) any information
provided in connection with the application for the licence, or an application
to vary the licence, was false or misleading in a material particular,
(ii) there has been
failure to comply with any condition of the licence,
(iii) in the case of a
business licence only, the undertaking has ceased to exist or appears to have
ceased to exist (whether or not the licence holder or the undertaking has been
wound up or dissolved),
(iv) the licence is
significantly detrimental to the interests of Jersey having regard to the
factors specified in Article 26(9), or
(v) the undertaking has failed
to pay an annual charge under Article 31 or has failed to submit
statements as required under Article 32; or
(b) if
the licence holder requests or agrees to the revocation of the licence.
(2) The
Minister shall not revoke a licence under paragraph (1)(a) unless he or
she has given to the licence holder not less than one month’s notice in
writing together with a statement of the Minister’s reasons and a
notification of the licence holder’s right of appeal under
Article 41.
(3) A
revocation under paragraph (1)(a) shall not take effect before the
expiration of –
(a) a
period of one month from the date on which notice in writing was given to the
licence holder; or
(b) the
date on which any appeal under Article 41 against the revocation is
determined by the Court or withdrawn,
whichever is later, unless the licence holder request that it should
take effect at an earlier date.
(4) A
revocation under paragraph (1)(b) shall take effect on such date as the
licence holder requests or agrees with the Minister.
31 Annual charges in respect of business licences
(1) If a business licence permits any Licensed
person to work in or for an undertaking, the licence holder shall pay such
annual charge as may be prescribed in respect of each person so permitted
(regardless of the number of such persons working in or for the undertaking at
any time).
(2) The Minister may, by Order, prescribe the
date by which any annual charge is payable.
(3) If a person who is required to pay a charge
under paragraph (1) does not do so on or before the prescribed date he or
she shall pay a penalty to the Minister of £250.
(4) An amount due from a person under
paragraph (3) shall be recoverable as a debt due to the States.
(5) A person who fails without reasonable excuse
to comply with paragraph (1) shall be guilty of an offence and liable to a
fine of level 3 on the standard scale.
(6) The States may, by Regulations, amend this
Article to make provision for the payment of an annual charge in respect of any
Registered person who is permitted by a business licence to work in or for an
undertaking.
(7) The States may, by Regulations, amend the
amount of penalty in paragraph (3).
32 Undertakings with
business licences to provide statements
(1) A
person carrying on an undertaking in respect of which a business licence has
been granted shall provide to the Minister, when required to do so by a notice
served on him or her by the Minister, a statement of the name and current
residential and employment status of such persons working in or for the undertaking
during such period as the Minister may specify in the notice and such other
particulars relating to such persons as the Minister may determine.
(2) A
statement made under paragraph (1) shall be in such form as the Minister
may determine.
(3) When
a person required to deliver a statement under paragraph (1) does not do
so on or before the last day of the month immediately following the period in
respect of which the statement is required, he or she shall pay a penalty to
the Minister of £250.
(4) An
amount due from a person under paragraph (3) shall be recoverable as a
debt due to the States.
(5) A
person may, within 20 days of the service of a notice under
paragraph (1), apply to the Minister in writing for a waiver under
paragraph (6).
(6) The
Minister may waive a person’s liability under paragraph (1) if
satisfied that exceptional circumstances prevented, or would prevent, the
person from delivering the statement to the Minister by the time limit
specified in paragraph (3).
(7) A
person who fails without reasonable excuse to comply with paragraph (1)
shall be guilty of an offence and liable to imprisonment for a term of
6 months and to a fine of level 4 on the standard scale.
(8) The
States may, by Regulations, amend the amount of penalty in paragraph (3).
33 Appointment
of authorized persons
(1) The
Minister –
(a) may,
in writing, appoint any person who is a States’ employee within the
meaning of Article 2 of the Employment of States of Jersey Employees
(Jersey) Law 2005[17] to perform the functions of
an authorized person under Articles 34 to 37; and
(b) may,
instead of or in addition to appointing any person under
sub-paragraph (a), arrange with any other Minister or with any body
performing functions on behalf of the States, that any officer in an
administration of the States for which that Minister is assigned
responsibility, or any officer of that body, shall act for those purposes.
(2) Such
authorization may be either general or for a specific purpose.
34 Powers
to obtain information
(1) An authorized
person may by notice in writing served on a licence holder require the licence
holder to provide the authorized person at such time or times or at such
intervals in respect of such period or periods as may be specified in the
notice, with such information or documents as the Minister may reasonably
require for the performance of his or her functions under this Part.
(2) Where,
under paragraph (1), an authorized person has power to require the
production of any documents from a licence holder, the authorized person shall
have the like power to require the production of those documents from any
person who appears to be in possession of them.
(3) Where
any person from whom provision is required under paragraph (2) claims a
lien on documents produced by that person, the provision shall be without
prejudice to the lien.
(4) The
power under this Article to require a licence holder or other person to produce
any documents includes power –
(a) to
take copies of documents that are produced;
(b) to
require an explanation of any documents that are produced; and
(c) if
the documents are not produced, to require the person who was required to
produce them to state, to the best of his or her knowledge or belief, where
they are.
(5) Any
person who, without reasonable excuse, fails to comply with a requirement
imposed on the person under this Article shall be guilty of an offence and
liable to imprisonment for a term of 6 months and to a fine of level 4 on
the standard scale.
(6) Nothing
in this Article shall require the disclosure or production by a person to an
authorized person of information or documents which he or she would, in an
action in the Court, be entitled to refuse to disclose on grounds of legal
professional privilege.
(7) A
person who intentionally alters, suppresses or destroys any document that has
been specified in a notice under paragraph (1) shall be guilty of an
offence and liable to imprisonment for a term of 2 years and to a fine.
35 Power
to enter business premises and examine business documents
(1) An
authorized person may examine and seize any business document, including a copy
of any such document, that is located on business premises and may, for the
purpose, enter business premises either –
(a) without
a warrant if the occupier consents to such entry; or
(b) with
a warrant issued under paragraph (4).
(2) The
power under paragraph (1) may be exercised only for the purpose of
facilitating the exercise of the Minister’s functions under this Law.
(3) An
authorized person may by notice require any person to produce any specified
business document at the business premises where the business document is
located for the purpose of enabling the authorized person to exercise the power
under paragraph (1) in relation to that document.
(4) On an application by
the Minister or the Attorney General, supported by information given on oath,
the Bailiff may issue a warrant authorizing any authorized person to enter any
premises specified in the warrant for the purpose of exercising the power under
paragraph (1) if the Bailiff is satisfied of any of the
following –
(a) that –
(i) access was
demanded by the authorized person at a reasonable hour and was unreasonably
refused or, although entry to the premises was granted, the occupier of the
premises unreasonably refused to allow the authorized person to exercise any of
the powers under paragraph (1), and
(ii) the occupier of
the premises has, after the refusal, been notified by the authorized person of
the application for the warrant and has had an opportunity of being heard by
the Bailiff on the question whether or not it should be issued;
(b) that the case is one of urgency and that
compliance with sub-paragraph (a) would defeat the object of entry; or
(c) that the premises are unoccupied, or
unlawfully occupied, and compliance with sub-paragraph (a) is not
reasonably practicable.
(5) An
authorized person executing a warrant may use such reasonable force as may be
necessary.
(6) A
warrant shall be executed at a reasonable hour unless it appears to the
authorized person executing it that there are grounds for suspecting that the
evidence in question would not be found if it were so executed.
(7) If
the premises in respect of which a warrant is issued are occupied and the
occupier or any person acting on the occupier’s behalf is present when
the warrant is executed, the authorized person executing it shall show the
warrant to that person and supply him or her with a copy of it or, if no such
person is present, the authorized person executing the warrant shall leave a
copy of it in a prominent place.
(8) An
authorized person seizing any document, whether or not in pursuant of a
warrant, shall give a receipt for it if asked to do so.
(9) Any
document seized under paragraph (8) may be retained for so long as is
necessary in all the circumstances but the person in occupation of the premises
in question shall be given a copy of anything that is seized if the person so
requests and the authorized person executing the warrant considers that it can
be done without undue delay.
(10) An
authorized person shall not exercise the powers under this Article in respect
of any document which a person would, in an action in Court, be entitled to
refuse to disclose or produce on the grounds of legal professional privilege.
36 Obstructing
an authorized person
(1) A
person shall be guilty of an offence if, without reasonable excuse, the
person –
(a) obstructs
an authorized person in the exercise of the authorized person’s powers
under Article 35; or
(b) fails
to provide such reasonable assistance as an authorized person may require when
the authorized person is exercising his or her powers under Article 35.
(2) A
person who intentionally alters, suppresses or destroys any business document
that has been specified in a notice under Article 35(3) shall be guilty of
an offence.
(3) A
person who is guilty of an offence under paragraph (1) shall be liable to
imprisonment for a term of 6 months and to a fine of level 4 on the
standard scale.
(4) A
person who is guilty of an offence under paragraph (2) shall be liable to
imprisonment for a term of 2 years and to a fine.
37 Notices
requiring cessation of unauthorized activity
(1) If
the Minister reasonably believes that a person is carrying on an undertaking in
respect of which there is no appropriate licence as required under
Article 25, the Minister may serve a notice requiring the cessation of any
activity comprised in the operation of the undertaking.
(2) If
the Minister reasonably believes that the operation of an undertaking in
respect of which a licence has been granted under Article 26 involves an
activity not permitted by such a licence, the Minister may serve a notice
requiring the cessation of such activity.
(3) A
notice under paragraph (1) or (2) shall –
(a) specify
the nature of the activity that must cease; and
(b) give
reasons for the notice.
(4) A
notice under paragraph (1) or (2) may be served on behalf of the Minister
by an authorized person and must be served on the person carrying on the
undertaking or, if there is no person in Jersey on whom notice can be served in
accordance with Article 40, any individual present in Jersey who appears
to be responsible for carrying on the activity the cessation of which is
required by the notice.
(5) An
authorized person may, at any reasonable hour, enter business premises for the
purpose of serving a notice under paragraph (1) or (2).
(6) Any
person on whom a notice is served under this Article shall be responsible for
ensuring compliance with the notice.
(7) The
Minister may, at any time, cancel a notice served under paragraph (1)
or (2) and shall notify the recipient of the notice accordingly.
(8) A
person who, without reasonable excuse, obstructs an authorized person in the
exercise of the authorized person’s powers under paragraph (5) shall
be guilty of an offence and liable to imprisonment for a term of 6 months
and to a fine of level 4 on the standard scale.
(9) If
a person on whom a notice under paragraph (1) or (2) has been served does
not ensure compliance with the notice as required by paragraph (6), the
Minister may apply to the Court for an order requiring the person to do so.
(10) On an
application under paragraph (9) the Court may make an order –
(a) confirming
or varying the terms of the notice and requiring the person to ensure compliance
with the notice within such period as the Court shall specify; or
(b) dismissing
the application,
and may make such other consequential orders, including as to costs,
as it thinks fit.
(11) Before a
notice is served under paragraph (1), the Minister may apply ex parte to the Court for an order that the notice
take effect as an interim injunction.
(12) On an
application under paragraph (11) the Court may grant an interim injunction
on such terms as it thinks fit.
(13) Where an
interim injunction is granted, the Court shall order that the notice under
paragraph (1) be served together with the interim injunction by the
Viscount, and the order shall specify the date on which the proceedings are
returnable in the Court.
(14) On the
hearing of the application to confirm the interim injunction, the Court
may –
(a) confirm
or lift the interim injunction on such terms as the Court thinks fit;
(b) make
such order relating to the notice as it is empowered to make under paragraph (10);
(c) dismiss
the application,
and may make such other consequential orders, including as to costs,
as it thinks fit.
38 Register
The Minister shall keep a register of undertakings in respect of
which any licence under this Part has been granted and any person may inspect
the register during normal business hours free of charge or take a copy of any
part of the register subject to payment of any prescribed fee.
39 Application
of this Part to certain offices
(1) This
Part shall not apply to any person who is –
(a) a
member of the States;
(b) an
ordinary judge appointed under the Court of Appeal (Jersey) Law 1961[18];
(c) a
jurat or a Commissioner appointed under the Royal Court (Jersey) Law 1948[19];
(d) the
Viscount; or
(e) the
Judicial Greffier,
acting in his or her capacity as such.
(2) In
this Article “member of the States” shall have the same meaning as
in the States of Jersey Law 2005[20].
part 8
General provisions
40 Service
of notices
(1) Any notice required by this Law to be given
to any person may be given to or served on the person in question –
(a) by delivering it to the person;
(b) by leaving it at the person’s proper
address;
(c) by sending it by post to the person at that
address; or
(d) by sending it to the person at that address
by facsimile, electronic transmission or other similar means that produces a
document containing the text of the communication in legible form or is capable
of doing so.
(2) Any such notice may –
(a) in the case of a company incorporated in
Jersey, be served by being delivered to its registered office;
(b) in the case of a partnership, company
incorporated outside Jersey or unincorporated association, be given to or
served on the secretary or other similar officer of the partnership, company or
association or any person who purports to act in any such capacity, by whatever
name called, or on the person having the control or management of the business,
as the case may be.
(3) For the purposes of this Article and of
Article 7 of the Interpretation (Jersey) Law 1954[21] in its application to this Article, the proper address of any
person to or on whom a notice is to be given or served by post shall be the
person’s last known address or, where a notice is served as described in
paragraph (2), the last known address of the registered office (if there
is one) or main business address of the company, partnership, or unincorporated
association.
(4) If the person to or on whom any notice is to
be given or served has notified the Minister of an address within Jersey, other
than the person’s proper address within the meaning of paragraph (3),
as the one at which the person or someone on the person’s behalf will
accept documents, that address shall also be treated for the purposes of this
Article and Article 7 of the Interpretation (Jersey) Law 1954 as the
person’s proper address.
41 Appeals
(1) In
this Article, “decision” means a condition, determination, refusal,
revocation, variation or notice described in paragraph (2), as the case
requires.
(2) A
person aggrieved by a –
(a) condition
relating to a person’s residential and employment status determined by
the Minister under Regulations made under Article 2(2)(b);
(b) a
determination of a persons’ residential and employment status under
Article 3(5);
(c) determination
under Article 15(3) in respect of the categorization of a unit of dwelling
accommodation or the conditions relating to such categorization;
(d) refusal
to grant consent for occupation of a unit of dwelling accommodation under
Article 17(2);
(e) refusal
to grant consent to a purchase by a legal person under Article 20(2) or
the imposition of a condition under Article 20(5);
(f) refusal
of the grant of a licence under Article 26(4);
(g) the
imposition of a licence condition under Article 26(5) or
Article 27(2) or the refusal to impose a requested licence condition under
Article 26(5);
(h) variation
or refusal to vary a condition of a licence under Article 29(4);
(i) revocation
of a licence under Article 30;
(j) a
notice requiring cessation of activity under Article 37(1) or (2),
may, within 2 months of the date of the decision, or within
such longer period as the Court may allow, appeal to the Court on the ground
that the decision is unreasonable having regard to all the circumstances of the
case.
(3) On
hearing the appeal, the Court may –
(a) confirm,
reverse or vary the decision against which the appeal is brought;
(b) make
such interim Order as it thinks fit; and
(c) make
such order as to the costs of the appeal that it thinks fit, including any
order with respect to the payment of costs or the payment of any compensation
by the Minister resulting from any expected diminution in the value of land
following a successful appeal under paragraph (2)(c).
42 Statistical information
(1) The Minister may use any information
obtained for the purposes of this Law for providing statistical information to
any Minister for the purpose of –
(a) assisting in the development and evaluation
of public policy; and
(b) informing the public about social and
economic matters.
(2) For the purposes of paragraph (1),
“statistical information” does not include personal information
that is, information that relates to and identifies a particular person,
whether the identity is specified in the information or can be deduced from the
information.
43 Persons
authorized to act for other persons
(1) In this Article, acting for another person
means applying for a registration card under Article 3 for that other
person or notifying the Minister of the information which that other person is
required to notify under Article 9.
(2) The Minister may –
(a) authorize a person to act for another
person;
(b) by Order authorize a person of any
description to act for another person of any description.
(3) An authorization of any person may be
revoked at any time by the Minister in his or her absolute discretion.
(4) A person authorized under
paragraph (2)(a) may resign after giving one month’s notice in
writing to the Minister.
(5) The duty of a person under Article 3(1)
or 9(1) is discharged if a person who is authorized to act for that person
under this Article complies with that duty.
44 Regulations and
Orders: general provisions
(1) The
Minister may by Order prescribe any matter that shall or may be prescribed
under this Law.
(2) Any
Regulations or Order under this Law may contain such transitional,
consequential, incidental or supplementary provisions as appear to the States
or the Minister, as the case requires, to be necessary or expedient for the
purposes of the Regulations or Order.
45 Providing false or
misleading information
A person who knowingly or recklessly provides information under any
Article of this Law, such information being false or misleading in a material
particular shall be guilty of an offence and liable to imprisonment for a term
of 2 years and to a fine.
46 Offences
by bodies corporate, etc.
(1) If
an offence under this Law committed by a limited liability partnership or a
body corporate is proved to have been committed with the consent or connivance
of –
(a) a
person who is partner of the partnership, or a director, manager, secretary or
other similar officer of the body corporate; or
(b) any
person purporting to act in any such capacity,
the person shall also be guilty of the offence and liable in the
same manner as the partnership or body corporate to the penalty provided for
that offence.
(2) If
an offence under this Law which may be committed negligently is proved to be
attributable to the neglect of –
(a) a
person who is partner of the partnership, or a director, manager, secretary or
other similar officer of the body corporate; or
(b) any
person purporting to act in any such capacity,
the person shall also be guilty of the offence and liable in the
same manner as the partnership or body corporate to the penalty provided for
that offence.
(3) If
the affairs of a body corporate are managed by its members, paragraphs (1)
and (2) shall apply in relation to acts and defaults of a member in connection
with his or her functions of management as if the member were a director of the
body corporate.
47 Liability
Neither the States, nor a Minister, nor a person who is acting as an
officer, servant or agent, in an administration of the States for which a
Minister has responsibility, or performing any duty or exercising any power on
behalf of a Minister, shall be liable in damages for anything done or omitted
to be done in the discharge or purported discharge of any functions under this
Law or any enactment made or purportedly made under this Law unless –
(a) it
is shown that the act or omission was in bad faith; or
(b) liability
arises in respect of an act or omission that is unlawful as a result of
Article 7(1) of the Human Rights (Jersey) Law 2000[22].
48 Housing
and Work Advisory Group
(1) There
shall be constituted a group to be known as the Housing and Work Advisory Group
(referred to in this Article as “Group”).
(2) An
Assistant Minister of the Minister shall chair the Group.
(3) The
Group shall include the Minister for Housing and the Minister for Economic
Development.
(4) The
Minister may appoint to the Group such other persons, including any elected
member of the States, as the Minister may determine, such other persons being
appointed for the general purposes described in paragraph (5) or for a
specific purpose only.
(5) The
Minister may refer to the Group for consideration and advice –
(a) any
matters in connection with the discharge of the Minister’s functions
under this Law; and
(b) proposals
for any changes in enactments related to matters under this Law.
(6) The
Group shall consider any proposals referred to them under paragraph (5)(b)
and draft a report to the Minister containing such recommendations with regard
to the subject matter of the proposals as they think appropriate.
(7) If
the Minister presents any Proposition to the States which comprises the whole
or any part of the subject matter of any proposals which are the subject matter
of a report under paragraph (6), the Minister shall present to the States
a copy of the Group’s report with the Proposition.
(8) Except
to the extent that the Minister directs otherwise, the Group may determine its
own procedures.
part 9
transitional and saving provisions,
repeals and consequential amendments
49 Occupation
of housing under the Housing Regulations
(1) Notwithstanding
anything in this Law any person who, immediately before the date this Law comes
into force, is in lawful occupation of a unit of dwelling accommodation, may
continue to occupy that unit notwithstanding the commencement of any provision
in this Law until the date that person no longer occupies that unit as his or
her ordinary residence provided that the person continues to comply with any
condition to which that occupation is subject.
(2) Any
person who would have been entitled to occupy land under Regulation 5A(b)
of the Housing Regulations immediately before the date that any provision in
this Law comes into force may occupy that land under a licence granted on and
after the date any provision in this Law comes into force by a person who
inherited such land before the date that Regulation came into force, subject to
any condition to which such occupation is subject.
50 Licences
granted under the RUD Law 1973 and the Hawkers Law 1965
(1) Any
licence granted under the RUD Law 1973 for the purpose of any activity for
which a licence was required under the Part “Regulation of
Undertakings”, such licence being in force immediately before the date
that Article 26 comes into force, shall be deemed to be a business licence
granted under Article 26(4) of this Law and any conditions subject to
which that licence was granted under the RUD Law 1973 shall be deemed to
be conditions subject to which the licence was granted under Article 26.
(2) Any
hawker’s or non-resident licence granted under Article 2 of the
Hawkers Law 1965 immediately before the date that Article 26 comes
into force shall, as the case may be, be deemed to be a hawker’s licence
or a non-resident trading licence granted under Article 26(4) of this Law
in relation to the goods specified in the licence and any conditions subject to
which that licence was granted shall deemed to be conditions subject to which
such licence was granted under Article 26.
(3) Articles 6(1)
and (2) and 7(1) of the Hawkers Law 1965 shall apply to a hawker’s
licence deemed to be granted under paragraph (2) as if those provisions
were conditions subject to which the licence was granted under
Article 26(5) of this Law.
(4) Notwithstanding
paragraphs (1), (2) and (3), in the event of any conflict between any
provision of this Law and a condition to which a licence is deemed to be
subject under this Article, the former shall prevail.
(5) A
condition shall not be deemed under paragraph (1), (2) or (3) to be a
condition subject to which a licence is granted under Article 26 if it is
a condition falling within a description specified in an Order made by the
Minister.
51 Repeal
of enactments
The following enactments shall be repealed –
(a) Housing
(Jersey) Law 1949[23];
(b) Regulation
of Undertakings and Development (Jersey) Law 1973[24];
(c) Hawkers
and Non-Resident Traders (Jersey) Law 1965[25].
52 Consequential
amendments, savings and transitional provisions
The States may, by Regulations –
(a) amend
any enactment in consequence of any provision of this Law;
(b) make
such transitional provisions and savings as it considers necessary or
expedient, including amendment of this Law, in respect of any provision of this
Law.
part 10
closing
53 Citation
and commencement
(1) This
Law may be cited as the Control of Housing and Work (Jersey) Law 2012.
(2) This
Law shall come into force on such day or days as the States may by Act appoint.
a.h. harris
Deputy Greffier of the States