Debt Remission (Individuals) (General Provisions) (Jersey) Order 2016

Official Consolidated Version

This is an official version of consolidated legislation compiled and issued under the authority of the Legislation (Jersey) Law 2021.

Showing the law from 1 January 2019 to Current

Debt Remission (Individuals) (General Provisions) (Jersey) Order 2016

Article

1             Interpretation. 3

2             Excluded debts. 3

3             Approved intermediary. 4

4             Form of Register. 4

5             Fees for copies or extract of Register. 4

6             Information and documents for objection. 4

7             Limit on credit during moratorium period. 4

8             Citation. 4

FORM OF REGISTER   5

FEES FOR COPiEs and EXTRACTS OF ENTRIES IN REGISTER   6

Table of Legislation History. 7

Table of Endnote References. 7

Debt Remission (Individuals) (General Provisions) (Jersey) Order 2016

1        Interpretation

In this Order “Law” means the Debt Remission (Individuals) (Jersey) Law 2016.

2        Excluded debts

(1)     The following shall be excluded debts for the purposes of the Law –

(a)     a fine;

(b)     a compensation order;

(c)     a payment ordered in family proceedings including a maintenance order;

(d)     a sum payable by an individual under the Social Security (Jersey) Law 1974, the Health Insurance (Jersey) Law 1967 or the Long-Term Care (Jersey) Law 2012;

(e)     an amount payable by an individual and due as described in Article 45(3)(a) to (e) of the Income Tax (Jersey) Law 1961 and an amount due as described in Article 47(8) of the Goods and Services Tax (Jersey) Law 2007;

(f)      damages ordered in civil proceedings for negligence or breach of statutory or contractual duty;

(g)     a debt incurred as a result of fraud.

(2)     In this Article –

“civil proceedings” means any proceedings in or before any court or tribunal that are not criminal proceedings;

“compensation order” has the meaning given by Article 2(1) of the Criminal Justice (Compensation Orders) (Jersey) Law 1994;

“family proceedings” means proceedings within the jurisdiction of the Family Division of the Royal Court and specified in Rule 3/1(2) of the Royal Court Rules 2004;

“maintenance order” has the meaning given in Article 1(1) of the Maintenance Orders (Enforcement) (Jersey) Law 1999.

3        Approved intermediary

Jersey Citizens Advice Bureau Limited is approved as an intermediary.

4        Form of Register

The Register shall be kept in the form contained in Schedule 1 and the Viscount shall enter the information specified in that form for each debtor in respect of whom a debt remission order is granted.

5        Fees for copies or extract of Register

The fees for the supply of certified or uncertified copies or extracts of entries in the Register under Article 7(3) of the Law shall be as specified in Schedule 2.

6        Information and documents for objection

The information and documents to support an objection under Article 8(2) of the Law shall include statements of accounts and other information and documents that would assist the Viscount in considering the objection.

7        Limit on credit during moratorium period

During the moratorium period applicable to a debt remission order made in relation to a debtor, the maximum amount of credit prescribed for the purposes of Article 18(1)(a) of the Law shall be £500.00.

8        Citation

This Order may be cited as the Debt Remission (Individuals) (General Provisions) (Jersey) Order 2016.

SCHEDULE 1

(Article 4)

FORM OF REGISTER

SCHEDULE 2

(Article 5)

FEES FOR COPiEs and EXTRACTS OF ENTRIES IN REGISTER

Endnotes

Table of Legislation History

Table of Endnote References

There are currently no endnote references