Planning and
Building (Amendment No. 3) (Jersey)
Law 2005
A LAW to amend further the Planning
and Building (Jersey) Law 2002 to provide for the Minister with responsibility
for that Law to delegate certain functions under that Law to the Planning
Applications Panel, to provide for the establishment of that Panel and its
functions, to repeal Article 18 of the 2002 Law and to provide for related
matters.
Adopted by the
States 19th July 2005
Sanctioned by
Order of Her Majesty in Council 15th November 2005
Registered by the
Royal Court 9th
December 2005
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law, “Law” means the Planning and Building (Jersey) Law 2002.[1]
2 Articles
9A to 9H inserted
After Article 9 of the Law there shall be inserted the following
Articles –
“9A Delegation
of certain functions to Planning Applications Panel
(1) The Minister may delegate, either wholly or
partly, the functions conferred upon or vested in the Minister under –
(a) Articles 9, 11(3) to (6), 13(1) to (3), 14
to 17, 19 to 24, 26 and 28;
(b) Article 40, 42 and 45;
(c) an Order made under Article 76; and
(d) an Order made under Article 81,
to the Panel established
under Article 9B and may attach any condition, exception or qualification to
the delegation as he or she considers appropriate.
(2) Where the Minister delegates a function in
accordance with this Article, he or she shall notify the States accordingly and
specify the functions so delegated.
(3) The power of the Minister under paragraph
(1) to delegate a function is in addition, and without prejudice, to the power
of the Minister under Article 27 of the States of Jersey Law 2005.
(4) The delegation of any functions under this
Article shall not prevent the Minister from exercising those functions
personally.
(5) A delegation of any functions under this
Article (or any condition, exception or qualification attached to a delegation)
may be amended at any time.
9B Planning
Applications Panel
(1) There is established a Planning Applications
Panel (the “Panel”) which shall carry out the functions delegated
to it in accordance with Article 9A.
(2) The Panel shall, subject to Article 9C(8),
consist of the following members (‘Panel members’) –
(a) an Assistant Minister appointed under
Article 9C(1)(a); and
(b) 2 persons who are elected members and
appointed under Article 6C(1)(b),
and shall, subject to this
Law, regulate its own procedures by standing orders or otherwise.
(3) The quorum for the Panel shall be 3.
(4) Civil proceedings in respect of a decision
of the Panel that is made in exercise of a function of the Minister delegated
to the Panel under Article 9A shall be instituted against the Minister.
9C Appointment
to and terms of membership of Panel
(a) subject to the agreement of the Chief
Minister, appoint the Assistant Minister to the Panel; and
(b) subject to the approval by the States of the
nominations made under paragraph (2), appoint 2 elected members to the Panel.
(2) The Minister shall nominate to the States 2
elected members for appointment to the Panel and the States shall approve or
reject each such nomination and –
(a) if the States approves a nomination, the
Minister shall appoint the elected member concerned to the Panel under
paragraph (1); or
(b) if the States rejects a nomination, the
Minister shall make a nomination for the vacancy.
(3) The period of membership of the Panel for a
Panel member shall be 3 years.
(4) The Minister may revoke the appointment of a
Panel member –
(a) subject to the agreement of the Chief
Minister, in the case of an appointment under paragraph (1)(a); and
(b) subject to the approval of the States, in
the case of an appointment under paragraph (1)(b).
(5) A Panel member may resign from the Panel.
(6) Where a vacancy occurs that is caused by the
resignation, death, revocation of appointment or expiry of the period of
appointment of a Panel member or the Panel member ceasing to be an elected
member –
(a) paragraph (1) shall apply to the
appointment to fill the vacancy concerned; and
(b) if that vacancy is a single vacancy to which
Article 9B(2)(b) applies, paragraphs (1) and (2) shall be construed
accordingly.
(7) There shall be 2 reserve members of the
Panel (‘reserve members’) who shall be appointed by the Minister
and the Minister shall, for that purpose, nominate to the States 2 elected
members for appointment as reserve members and the States shall either approve
or reject each such nomination, and –
(a) if the States approves a nomination, the
Minister shall appoint the elected member concerned as a reserve member; or
(b) if the States rejects a nomination, the
Minister shall make a new nomination for the vacancy.
(8) A reserve member shall, in accordance with
the procedures of the Panel, sit on the Panel as a Panel member in either of
the following circumstances –
(a) if a Panel member is unable to attend a
meeting of the Panel;
(b) if a vacancy specified in paragraph (6)
occurs, during the period between the vacancy occurring and the appointment to
fill that vacancy.
(9) The period of appointment as a reserve
member shall be 3 years and –
(a) the Minister may revoke an appointment and
paragraph (4) shall apply to the revocation and be construed accordingly;
(b) a reserve member may resign; and
(c) where a reserve member resigns, dies, has
his or her appointment revoked or his or her period of appointment expires or
he or she ceases to be an elected member, paragraph (7) shall apply to the
appointment to fill that vacancy and shall be construed accordingly.
(10) An appointment as a Panel member or a reserve
member shall expire if the member ceases to be an elected member.
(11) A Panel member and a reserve member shall be
eligible for re-appointment.
(12) In this Article –
‘Assistant
Minister’ has the meaning assigned to it by the 2005 Law;
‘elected member’
has the meaning assigned to it by the 2005 Law;
‘2005 Law’ means
the States of Jersey Law 2005.[2]
9D Immunity
from legal proceedings for Panel members
No civil or criminal
proceedings may be instituted against a Panel member (including a reserve
member) –
(a) for any words, arising out of the exercise
of a function delegated to the Panel, spoken or written by a Panel member
(including a reserve member); or
(b) by reason of any other matter or thing
brought by the Panel member (including a reserve member) to the Panel.
9E Immunity
from criminal proceedings for certain persons
Where any permission or
authorization is granted in purported exercise of a function delegated under Article
9A, no criminal proceedings shall lie against any person for any act done or
omitted to be done, in good faith and in accordance with the terms of the
permission or authorization by reason that the functions had not be delegated,
or that any requirement attached to a delegation of the functions had not been
complied with.
9F Public
may attend certain Panel meetings
Where the Minister makes a
delegation under Article 9A of the function relating to the granting of
planning permission under Article 19, it shall be a condition of the delegation
that the Panel shall permit members of the public to attend a meeting of the Panel
when it is considering an application for planning permission and for that
purpose –
(a) if at any meeting that is open to the public
the presiding member of the Panel is satisfied that a member of the public is
behaving in a manner that is interfering with the Panel’s deliberations,
the presiding member may request the member of the public concerned to leave
the meeting;
(b) a person who fails to comply with a request
made in accordance with sub-paragraph (a) shall be guilty of an offence and
liable to a fine not exceeding level 2 on the standard scale;
(c) the Panel shall give at least 3 days notice
in the Jersey Gazette of the meetings that will be open to the public and
specify in the notice the date, time and place of the meeting and the
applications for planning permissions that the Panel intends to consider at the
meeting.
9G Minutes
of Panel to be evidence
A copy of any minutes of the
Panel signed in accordance with the procedures of the Panel, shall be received
in evidence without further proof.
9H Protection
in civil proceedings for publication without malice
(1) This Article applies to civil proceedings
instituted for publishing any account or summary of or any extract from or
abstract of any document published under the authority of the Panel or any of
its proceedings.
(2) The court shall enter judgment for the
defendant if satisfied that such account, summary, extract or abstract was
published bona fide and without malice.”.
3 Article
18 repealed
Article 18 of the Law shall be repealed.
4 Citation
and commencement
This Law may be cited as the Planning and Building (Amendment
No. 3) (Jersey) Law 2005 and shall come into force on the same date as
Article 42(3) of the States of Jersey Law 2005.
m.n. de la haye
Greffier of the States.