States of Jersey
(Amendments and Construction Provisions No. 9) (Jersey) Regulations 2005
Made 24th May 2005
Coming into force in
accordance with Regulation 8
THE STATES, in pursuance of Article 49 of the States of Jersey Law 2005,[1] have made the following
Regulations –
1 Dwelling-Houses (Rent Control) (Jersey)
Law 1946 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Dwelling-Houses (Rent Control) (Jersey)
Law 1946.[2]
(2) In
Article 1(1) –
(a) the
definition “Committee” shall be deleted; and
(b) after
the definition “contract to which this Law applies” there shall be inserted the following
definition –
“ ‘Minister’
means the Minister for Housing;”.
(3) In
Article 3(4) for the words “as it thinks fit” there shall be substituted the words “as the Minister
thinks fit”.
(4) In
Article 5(3) for the words “its functions” there shall be substituted the words “the
Minister’s functions”.
(5) In
the following provisions for the word “Committee” in each place where it appears there shall be substituted
the word “Minister” –
(a) Article 3(3),
(4) and (5);
(b) Article 4;
(c) Article 5(1)
and (3); and
(d) Article 9(1).
2 Housing
(Jersey) Law 1949 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Housing (Jersey) Law 1949.[3]
(2) In
the long title, for the words “to provide for the
constitution of a Committee of the States to administer matters relating to the
housing of the population” there shall be
substituted the words “to provide for the administration of
matters relating to the housing of the population”.
(3) In
Article 1 –
(a) the
definition “Committee” shall be deleted; and
(b) after
the definition “land”
there shall be inserted the following definition –
“
‘Minister’ means the Minister for Housing;”.
(4) For
Article 2 there shall be substituted the following Article –
“2 Powers
and duties of Minister
The Minister shall exercise
the powers and duties imposed on the Minister by this Law, and generally for
the purposes of discharging such other functions relating to the housing of the
population as may from time to time be deemed expedient.”.
(5) For
Article 3 there shall be substituted the following Article –
The Minister shall be charged
with the administration of this Part.”.
(6) In
Article 12(2)(a) for the words “its consent” there shall be
substituted the words “his or her consent”.
(7) In
Article 14(2) for the words “any consent granted by the
Committee” there shall be substituted the words “any consent
granted by the Housing Committee”.
(8) In
Article 15(1) for the words “if it is satisfied” there shall
be substituted the words “if the Minister is satisfied”.
(9) In
Article 16(3) for the words “of its own motion” there shall be
substituted the words “of his or her own motion”.
(10) In the
following provisions for the word “Committee” in each place where it appears there shall be substituted
the word “Minister” –
(a) Article 5;
(b) Article 7(1);
(c) the
heading to, and paragraph (1) of, Article 11;
(d) Article 12(1)
and (2)(a) and (c);
(e) Article 13;
(f) Article 14
(except for the last reference to “Committee” in paragraph (2));
(g) Article 15(1)
and (2)(b);
(h) Article
16(1), (2), (3), (5) and (6);
(i) Article 17;
(j) Article 18(1),(2)
and (4); and
(k) Article 20(1)(b)
and (4).
3 Building
Loans (Jersey) Law 1950 – amendments relating to consultation
between Ministers
(1) In
this Regulation and in the following 2 Regulations, a reference to a provision
is a reference to the provision in the Building
Loans (Jersey) Law 1950.[4]
(2) For
Article 4(2) there shall be substituted the following
paragraph –
“(2) For the purposes of
paragraph (1), the prescribed rate of interest shall be 10% per annum or
such higher or lower rate as shall have been fixed for the time being by the
Minister by Order made after consultation with the Minister for Treasury and
Resources.”.
4 Building
Loans (Jersey) Law 1950 – amendments relating to shares, etc
being vested in the States
(1) In
Article 6(2) for the words “Every authority
given by the Committee to pass a contract”
there shall be substituted the words “Every authority given by the
Minister on behalf of the States to pass a contract”.
(2) For
Article 7(3) there shall be substituted the following
paragraph –
“(3) Nothing in paragraph (2)
shall prevent the securing of the loan by vesting the shares in relation to
which the loan is made in the States.”.
(3) For
Article 14(3)(a) and (b) there shall be substituted the following
sub-paragraphs –
“(a) the shares, if title to them
is not vested in the States, shall not be sold or otherwise disposed of inter
vivos except with the consent of the Minister who shall not grant such consent
where the person to whom the shares would be transferred is, by virtue of any
Regulations made under Article 17, a person to whom a loan may not be
made;
(b) the owner of the shares, if title to them is
not vested in the States, shall not, by act or omission on the owner’s
part, except with the consent in writing of the Minister, and subject to any
conditions attached to such consent, suffer any security interest or other
interest to become charged on the shares other than that held by the
States;”.
(4) In
Article 15(8) for the words “the Committee shall without prejudice
to any other rights of the Committee under the security agreement” there
shall be substituted the words “the Minister on behalf of the States
shall without prejudice to any rights of the States under the security
agreement”.
(5) After
Article 17 there shall be inserted the following Article –
“17A Shares
in property previously vested in the Housing Committee
Where any shares in a company
the ownership of which shares confers an exclusive right to occupy a
company-owned dwelling are, immediately prior to the commencement of this
Article, vested in the Housing Committee, on commencement of this Article such
shares shall be vested in the States.”.
5 Building
Loans (Jersey) Law 1950 – further amendments
(1) In
Article 1 –
(a) the
definition “Committee” shall be deleted; and
(b) after
the definition “loan” there shall be inserted the following
definition –
“
‘Minister’ means the Minister for Housing;”.
(2) In
Article 9 in each place where they occur for the words “the
Committee shall satisfy itself” there shall be substituted the words
“the Minister shall satisfy himself or herself”.
(3) In
Article 14 –
(a) in
paragraph (1)(j) for the words “the Committee, and its agents or
servants” there shall be substituted the words “the Minister, and
his or her agents or servants”; and
(b) in
paragraph (3)(g) for the words “the Committee and its agents or
servants” there shall be substituted the words “the Minister and
his or her agents or servants”.
(4) In
Article 15(5) for the word “its” in each place where it occurs
there shall be substituted the words “his or her”.
(5) In
the following provisions for the word “Committee” in each place
where it appears there shall be substituted the word
“Minister” –
(a) Article 2(3);
(b) Article 3
and its heading;
(c) Article 4(5);
(d) Article 8;
(e) the
heading to Article 9;
(f) Article 11(2)
and (3);
(g) Article 14(1)(a),
(b), (d), (e), and (g);
(h) Article 14(2);
(i) Article 14(3)(d),
(f) and (h);
(j) the
heading to, and paragraphs (1) and (5) of, Article 15; and
(k) Article 17.
6 Lodging
Houses (Registration) (Jersey) Law 1962 – amended
(1) In
this Regulation, a reference to a provision is a reference to the provision in
the Lodging Houses (Registration) (Jersey)
Law 1962.[5]
(2) In
Article 1 –
(a) the
definition “Committee” shall be deleted; and
(b) after
the definition “lodging house” there shall be inserted the
following definition –
“
‘Minister’ means the Minister for Housing;”.
(3) For
Article 3 there shall be substituted the following Article –
“3 Exemptions
from duty to register
The Minister may, in his or
her absolute discretion –
(a) grant exemptions from the provisions of
Article 2;
(b) attach to any exemption such conditions as
the Minister thinks fit;
(c) vary any condition attached to an exemption
at any time; or
(d) withdraw any exemption.”.
(4) For
Article 6(1) there shall be substituted the following
paragraph –
“(1) Where an application is duly
made to the Minister under Article 5, the Minister, in the case of an
application for registration, shall, and, in the case of an application for
renewal of registration, may, cause the lodging house to which the application
relates to be inspected by an officer in an administration of the States for
which the Minister is assigned responsibility.”.
(5) In
Article 6(2) for the words “if it is of the opinion that”
there shall be substituted the words “if the Minister is of the opinion
that”.
(6) In
Article 6(3) for the words “the Committee may attach such conditions
as it thinks fit” there shall be substituted the words “the
Minister may attach such conditions as he or she thinks fit”.
(7) For
Article 9(1)(a) there shall be substituted the following
sub-paragraph –
“(a) when required by or on behalf
of the Minister so to do, produce or deliver the keeper’s registration
certificate to the Minister or to an officer in an administration of the States
for which the Minister is assigned responsibility who is authorized in that
behalf;”.
(8) In
Article 12(1) for the words “unless it has given to the keeper of
the lodging house not less than 7 days’ notice in writing of its
intention to so do and of its reasons for so doing” there shall be
substituted the words “unless the Minister has given to the keeper of the
lodging house not less than 7 days’ notice in writing of his or her
intention to do so and the reasons for so doing”.
(9) In
Article 12(2) for the words “it shall, if required by the keeper of
the lodging house” there shall be substituted the words “the
Minister shall, if required by the keeper of the lodging house”.
(10) In
Article 15(1) for the words “Any officer of the Committee”
there shall be substituted the words “Any officer in an administration of
the States for which the Minister is assigned responsibility who is”.
(11) For
Article 16(1) there shall be substituted the following
paragraph –
“(1) Any notice required by this
Law to be given to the Minister may be given either by leaving it at an office
of the Housing Department or by post.”.
(12) In
Article 19(1) for the words “as it considers necessary” there
shall be substituted the words “as he or she considers necessary”.
(13) In the
following provisions for the word “Committee” in each place where
it appears there shall be substituted the word
“Minister” –
(a) Article 5;
(b) Article 6(2);
(c) Article 8;
(d) Article 9(1)(b);
(e) Article 10;
(f) Article 11;
(g) Article 12;
and
(h) Article 19(1),
(2) and (4).
7 Subordinate
enactments amended
The Schedule shall have effect to amend subordinate enactments.
8 Citation
and commencement
These Regulations may be cited as the States of Jersey (Amendments
and Construction Provisions No. 9) (Jersey) Regulations 2005 and shall
come into force on the same day that Article 42(3) of the States of Jersey Law
2005[6] comes into force.
M.N. DE LA HAYE
Greffier of the States.
SCHEDULE
(Article 6)
AMENDMENTS TO SUBORDINATE ENACTMENTS
1 Dwelling-Houses
(Rent Control) (Jersey) Regulations 1946 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Dwelling-Houses (Rent Control) (Jersey) Regulations 1946.[7]
(2) In
Regulation 1 the word “ ‘Committee’,” shall be
deleted.
(3) For
Regulation 11(2) there shall be substituted the following
paragraph –
“(2) The register shall be open to
inspection at an office of the Housing Department during the normal business
hours of that office.”.
(4) In
the following provisions, for the word “Committee” in each place
where it appears there shall be substituted the word
“Minister” –
(a) Regulation
2(2)(a);
(b) Regulation
8(2); and
(c) Regulation
11(1).
2 Building
Loans (Miscellaneous Provisions) (Jersey) Regulations 1961 –
amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Building Loans (Miscellaneous
Provisions) (Jersey) Regulations 1961.[8]
(2) In
Regulation 1 for the words “Save as the Committee may at its
absolute discretion allow” there shall be substituted the words
“Save as the Minister may at his or her absolute discretion allow”.
(3) In
Regulation 3 for the words “shall satisfy itself” there shall
be substituted the words “shall satisfy himself or herself”.
(4) In
Regulation 6(4)(a)(i) for the words “the Committee” there
shall be substituted the words “the Housing Committee”.
(5) For
Regulation 6(5) and (6) there shall be substituted the following
paragraphs –
(a) the rate of interest on a loan or the balance
of a loan has been reduced in pursuance of paragraph (2); and
(b) the basis of the estimate of income giving
rise to the reduction of interest is subsequently shown to have been incorrect,
the Minister may recover from
the person in receipt of the loan the difference between the total of
instalments that the person should have paid and the amount that the person
actually paid during the year in question.
(6) Subject to paragraph (9),
paragraph (7) shall apply where –
(a) the rate of interest on a loan or the
balance of a loan has been reduced in pursuance of paragraph (2); and
(b) the principal of the loan is repaid in full
(whether by one or more instalments) before the date on which it would have
been repayable under the terms of the loan.”.
(6) In
Regulation 6(7) for the words “the Committee” there shall be
substituted the words “the Fund”.
(7) For
Regulation 6(8) there shall be substituted the following paragraph –
“(7) The Minister may, in any case
and in his or her absolute discretion waive or reduce any sum payable by virtue
of paragraph (7).”.
(8) In
the following provisions, for the word “Committee” in each place
where it appears there shall be substituted the word
“Minister” –
(a) Regulation
2;
(b) Regulation
3;
(c) Regulation
6(2);
(d) Regulation
8; and
(e) Regulation
9.
(9) In
Schedule 1 –
(a) for
the 3rd paragraph there shall be substituted the following
paragraph –
“ET C.D.
Autorisé pour et au nom des Etats de cette Ile et agissant en vertu de
certaine décision en date du
19/20 du ministre dit
‘Minister for Housing’ d’autre part.”;
(b) in
the 4th paragraph for the word “Comité” in each place where
it appears there shall be substituted the word “ministre”; and
(c) in
the 9th paragraph for the words “Comité dit ‘Housing
Committee’ ” there shall be substituted the words
“ministre dit ‘Minister for Housing’ ”.
(10) In
Schedule 2 (form of security agreement to secure loan) –
(a) in
the description of the second party for the words “by virtue of an Act
dated the [ ] day of
[ ] of the
Housing Committee of the States” there shall be substituted the words
“by virtue of a decision dated the [ ] day of [ ] of the
Minister”;
(b) in
paragraphs (A) and (B) of the preamble for the words “the Housing
Committee” there shall be substituted the words “the
Minister”;
(c) in
paragraph (B) of the preamble for the words “in the exercise of its
powers” there shall be substituted the words “in the exercise of
his or her powers”;
(d) in
Clause 1.1 –
(i) the definition
“Committee” shall be deleted; and
(ii) after the
definition “Letter of Offer” there shall be inserted the following
definition –
“
‘Minister’ means the Minister for Housing;”;
(e) in
Clause 5.1(e) the words “the Committee or” shall be deleted;
(f) in
Clause 5.2(c) for the words “in the name of the Committee or a
nominee of the Committee” there shall be substituted the words “in
the name of the States or its nominee” and for the words “the
Committee is authorized to make such payments” there shall be substituted
the words “the Minister is authorized to make such payments”;
(g) in
Clause 6.1(b) for the words “prior consent of the Committee”
there shall be substituted the words “prior consent of the
Minister” and for the words “held by the Committee” there
shall be substituted the words “held by the States”;
(h) in
Clause 6.1(g) for the words “the Committee and its agents of
servants” there shall be substituted the words “the Minister and
his or her agents or servants”;
(i) in
Clause 6.1(q) and (r) for the words “upon any request by the Committee,
provide it with” there shall be substituted the words “upon any
request by the Minister, provide the Minister with”;
(j) in
Clause 8.2 for the words “information known to it” there shall
be substituted the words “information known to the Minister”;
(k) in
Clause 9.1 for the words “the Committee or its nominee may exercise
at its or his or her discretion” there shall be substituted the words
“the Minister or his or her nominee may exercise at the Minister’s
or nominee’s discretion”;
(l) in
Clause 9.3 for the words “in its sole and unfettered
discretion” there shall be substituted the words “in the
Minister’s sole and unfettered discretion”; and
(m) in the
following places for the word “Committee” in each place where it
appears there shall be substituted the word “Minister” –
(i) the definition
“Letter of Offer”;
(ii) Clause 2;
(iii) Clause 3;
(iv) Clause 4.1;
(v) the opening sentence of
Clause 5.1;
(vi) the opening sentence of
Clause 5.2 and paragraphs (a), (b) and (d) of that Clause;
(vii) Clause 5.3;
(viii) Clause 5.4;
(ix) the opening sentence of
Clause 6.1 and paragraphs (a), (d), (f), (h), (n), and (o) of that
clause;
(x) Clause 6.2;
(xi) Clause 8;
(xii) Clause 9.2(a)(iii) and (c)
(xiii) Clause 9.3;
(xiv) Clause 9.5;
(xv) Clause 10.2; and
(xvi) Schedule 1.
3 Lodging
Houses (General Provisions) (Jersey) Order 1962 – amended
In Articles 1, 3(1)(a) and 3(3) of the Lodging Houses (General Provisions) (Jersey)
Order 1962[9] for the word
“Committee” in each place where it appears there shall be
substituted the word “Minister”.
4 Housing
(General Provisions) (Jersey) Regulations 1970 – amended
(1) In
this paragraph, a reference to a provision is a reference to the provision in
the Housing (General Provisions) (Jersey)
Regulations 1970.[10]
(2) In
Regulations 1(1) and 2 for the words “Housing Committee” there
shall be substituted the word “Minister”.
(3) In
Regulation 1(4) for the words “where it is satisfied” there
shall be substituted the words “where he or she is satisfied”.
(4) In
Regulation 9(2) for the words “granted by the Committee” there
shall be substituted the words “granted by the Housing Committee”.
(5) In
the following provisions, for the word “Committee” in each place
where it appears there shall be substituted the word “Minister” –
(a) Regulation
1(1)(d), (f), (g), (h), (j), (k) and (m);
(b) Regulation
1(2)(a), (b) and (d);
(c) Regulation
1(3);
(d) Regulation
1(4);
(e) Regulation
2(b);
(f) Regulation
6;
(g) the
proviso to Regulation 7(1).