SUMMARY OF LEGISLATION
BAILIWICK OF JERSEY
1 January–30 April 2021
1. LAWS ADOPTED BY THE STATES
(a) Wildlife (Jersey) Law 202-
(P.110/2020—adopted
in 3 reading, 9.2.2021).
This Law
revises and updates the statutory protection of Jersey wildlife (that is,
animals, birds and plants), makes new provision to control invasive non-native
species, and creates a new duty for public bodies to promote biodiversity in
Jersey.
(b) Taxation (Companies—Economic
Substance) (Amendment No 2) (Jersey) Law 202-
(P.172/2020—adopted
in 3 reading, 10.2.2021).
This Law
amends the Taxation (Companies—Economic Substance) (Jersey) Law 2019 by
inserting a requirement that a self-managed fund must satisfy the economic
substance test.
(c) Constitution
of the States and Public Elections (Jersey) Law 202-
(P.17/2021—adopted
in 3 reading, 22.4.2021).
This Law
amends the constitution of the States Assembly by removing Senators and
increasing the number of Deputies, with effect from 22 June 2022. It would also
replace the current Schedule of Deputies’ constituencies. The Law would
provide for the next ordinary election of Deputies and Connétables
to be held on 22 June 2022, with subsequent ordinary elections to take place
every four years after that. The Law would make related changes to the
provisions for the term of office for both Deputies and Connétables.
(d) Covid-19 (Enabling Provisions) (Amendment No
2) (Jersey) Law 202-
(P.27/2021—adopted in 3 reading, 23.4.2021).
This Law
amends art 3(3) of the Covid-19 (Enabling Provisions) (Jersey) Law 2020 for the
second time, to extend its operation to 31 March 2022.
2. LAWS, ORDERS IN COUNCIL, ETC REGISTERED IN THE ROYAL COURT
(a) United Nations Sanctions (Revocations) Order 2020
(R&O.4/2021—registered
15.1.2021. In force 16.1.2021)
(b) Income
Tax (Amendment No 46) (Jersey) Law 2021
(L.1/2021—registered
12.2.2021. Article 8 in force 16.11.2021, remainder in force 1.1.2021)
(c) Health Insurance Fund (Miscellaneous
Provisions) (Amendment No 2) (Jersey) Law 2021
(L.2/2021—registered
12.3.2021. In force 19.3.2021)
(d) Communications (Television Licensing)
(Amendment) Regulations 2021
(R&O.45/2021—registered
9.4.2021. In force 1.4.2021)
(d) Finance
(2021 Budget) (Jersey) Law 2021
(L.3/2021—registered
30.4.2021. In force 1.1.2021)
3. LAWS BROUGHT INTO FORCE
None.
4. REGULATIONS MADE BY THE
STATES
(a) Financial Services Ombudsman
(Board—Amendment) (Jersey) Regulations 2021
(R&O.7/2021—in
force 20.1.2021)
These
Regulations amend the Financial Services Ombudsman (Jersey) Law 2014, which
requires the Minister for Economic Development, Tourism, Sport and Culture to
appoint members to the board of the Office of the Financial Services Ombudsman.
The amendment allows an appointment to be made for one year, but only if it is
a re-appointment of a member who has not previously been re-appointed under
this power.
(b) Covid-19
(Island Plan) (Jersey) Regulations 2021
(R&O.16/2021—in
force 11.2.2021)
These
Regulations amend the Planning and Building (Jersey) Law 2002 to make changes
to the process by which the Minister for the Environment lodges policy
proposals in respect of the development and use of land in Jersey in the near
future. These changes reflect the current uncertainties caused by the Covid-19
pandemic, and are intended to be temporary and finite.
(c) Road
Traffic (No 65) (Jersey) Regulations 2021
(R&O.37/2021—not
in force)
These
Regulations amend the Road Traffic (Jersey) Law 1956 in respect of driving
licences.
(d) Income Tax (Payment of 2019 Liability)
(Jersey) Regulations 2021
(R&O.38/2021—in
force 30.3.2021)
These
Regulations determine when taxpayers, whose 2019 income tax liability has been
deferred, must pay that liability. The deferral of the 2019 income tax
liability for some taxpayers was a result of the removal of the prior year
basis method of paying tax.
(e) Road Traffic (No 66) (Jersey) Regulations 2021
(R&O.48/2021—in
force 28.4.2021)
These
Regulations amend the Road Traffic (Jersey) Law 1956 so that traffic lights and
other traffic restrictions need not apply to vehicles used for emergency
purposes by the Jersey Coastguard service.
(f) Intellectual Property (Unregistered Rights)
(Amendment—Disability and Rights in Performances) (Jersey) Regulations
2021
(R&O.49/2021—in force 28.4.2021)
These
Regulations amend the Intellectual Property (Unregistered Rights) (Jersey) Law
2011 to expand the provisions in relation to accessible copies of copyright
works and recordings of performances for visually impaired people so that they
apply to a wider class of disabled people.
(g) Covid-19 (Amendments—Extension and
Suspension) (Jersey) Regulations 2021
(R&O.52/2021—in force 29.4.2021)
These
Regulations make amendments to temporary provisions for Covid-19 in several
items of legislation, to extend the expiry dates of those provisions from the
end of 30 April 2021 to the end of 31 October 2021. Most of the provisions were
previously extended from 30 September 2020 by the Covid-19
(Amendments—Extension, Suspension and Repeal) (Jersey) Regulations 2020.
(h) Illegal, Unreported and Unregulated Fishing
(Jersey) Regulations 2021
(R&O.53/2021—in
force 30.4.2021)
These
Regulations implement, with the modifications necessary for it to apply in
Jersey, Council Regulation (EC) No 1005/2008 establishing a Community system to
prevent, deter and eliminate illegal, unreported and unregulated fishing.
(i) Sea Fisheries (TCA—Licensing of
Fishing Boats) (Amendment of Law and Regulations) (Jersey) Regulations 2021
(R&O.54/2021—in
force 30.4.2021)
These
Regulations amend the Sea Fisheries (Jersey) Law1994 and the Sea Fisheries
(Licensing of Fishing Boats) (Jersey) Regulations 2003 to make the changes
necessary to implement the Trade and Cooperation Agreement between the United
Kingdom and the European Union as it applies to Jersey.
5. OTHER SUBORDINATE LEGISLATION OF NOTE
(a) Covid-19 (Gathering Control—Extension) (Jersey) Order 2021
(R&O.1/2021—in
force 7.1.2021)
This order
amends the Covid-19 (Gathering Control) (Jersey) Order 2020, to extend the
gathering control period to end at the end of Wednesday 20th January 2021.
(b) Covid-19 (Workplace—Seventeenth
Extension) (Jersey) Order 2021
(R&O.2/2021—in
force 7.1.2021)
This order
amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020, to extend the
restriction period to end at the end of Wednesday 20th January 2021.
(c) Covid-19 (Gatherings and Workplace
Restrictions—Miscellaneous Amendments) (Jersey) Order 2021
(R&O.3/2021—in
force 16.1.2021)
This order
makes various amendments to the Covid-19 (Workplace Restrictions) (Jersey)
Order 2020 (“Workplace Restrictions Order”) and the Covid-19
(Gathering Control) (Jersey) Order 2020 (“Gathering Control
Order”).
The changes to the
Workplace Restrictions Order are as follows—
(a) adds
workplaces used for acupuncture to the list of workplaces that are prohibited
from being open to the public;
(b) creates
an exception from the list of workplaces prohibitions, for a workplace that is
open for the purpose of a therapeutic service that is provided by a doctor or
registered professional;
(c) alters
the condition of opening, for retail and certain other workplaces, that
requires people to maintain a 2 metres distance from
each other, does not apply between people who are members of the same
household;
(d) it
imposes a condition on the opening of a workplace, while it is used for the
purpose of a gathering of a children’s activity group, that ensures that
the gathering complies with the Gathering Control Order.
The
changes to Gathering Control Order are as follows—
(a) reinstates
the higher limit of 20 people for gatherings for marriages, civil partnerships,
funerals and religious services;
(b) replaces
the provisions on children’s activity groups and defines a
children’s activity group and alters the way the number of people is
calculated. It also disapplies the other control
requirements if the gathering of the group has no more than 10 people present
(who must be the children or the carers of the children) in addition to any
number of people who are organising the children’s activities but are not
themselves the children or the carers of the children. The group must have been
established before 12 December 2020 and it must not gather in a person’s
home;
(c) alters
the exception for day care of children, so that it only applies to day carers
and accommodation that are registered under the Day Care of Children (Jersey)
Law 2002. But a gathering can still be for the purposes of registered day care
even if it includes children aged 12 or older (although the registration under
that Law only applies in relation to younger children), as long as they are
looked after with other children aged 11 or younger.
(d) Covid-19 (Workplace—Eighteenth
Extension) (Jersey) Order 2021
(R&O.5/2021—in
force 21.1.2021)
This order
amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020, to extend the
restriction period to end at the end of Sunday 31 January 2021.
(e) Covid-19 (Gathering Control—Second
Extension) (Jersey) Order 2021
(R&O.6/2021—in
force 21.1.2021)
This order
amends the Covid-19 (Gathering Control) (Jersey) Order 2020, to extend the
gathering control period to end at the end of Sunday 31 January 2021.
(f) Covid-19 (Workplace—Nineteenth
Extension) (Jersey) Order 2021
(R&O.9/2021—in
force 1.2.2021)
This order
amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020, to extend the
restriction period to end at the end of Sunday 28 February 2021.
(g) Covid-19 (Gathering Control—Third
Extension) (Jersey) Order 2021
(R&O.10/2021—in
force 1.2.2021)
This order
amends the Covid-19 (Gathering Control) (Jersey) Order 2020, to extend the
gathering control period to end at the end of Sunday 28 February 2021.
(h) Covid-19 (Workplace Restrictions) (Amendment
No 8) (Jersey) Order 2021
(R&O.13/2021—in
force 30.1.2021)
This order
amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020 to widen the
condition of opening that the occupier or operator of the premises requires
anyone working there to wear a mask or visor, to apply, in the case of retail
premises, irrespective of whether or not the person is in the presence of a
visitor.
(i) Covid-19 (Workplace Restrictions and
Gathering Control) (Amendment) (Jersey) Order 2021
(R&O.14/2021—in
force 3.2.2021)
This order was
made by the Minister for Health and Social Services on Monday 1 February 2021
and comes into force on Wednesday 3 February 2021.
This order amends the
Covid-19 (Workplace Restrictions) (Jersey) Order 2020 as follows—
(a) replaces
the definition of “indoor recreation facility” so that the
restrictions imposed apply only to sport, dance or exercise facilities;
(b) removes
the restrictions on the opening of art galleries, auction houses, betting agencies
and shops, and the restriction on the opening of entertainment facilities is
now limited to the auditorium of those facilities. A restriction is imposed on
the opening of changing and shower facilities used in connection with indoor
physical activity facilities or outdoor sport or exercise. The restriction on
closing of soft play areas is widened to include all indoor play areas;
(c) removes
the partial restrictions on opening of shops markets and libraries, and visitor
attractions, except to the extent closed by other provisions;
(d) the
exceptions to the closure of what are now called indoor physical activity
facilities are widened to allow certain gatherings of young people permitted by
the Covid‑19 (Gathering Control) (Jersey) Order 2020, the provision of
certain therapeutic services or for horse riding or exercise in an indoor
riding arena, one person at a time. The general exceptions to allow workplaces
to be open to allow certain essential services to take place is extended to
cover the administering of vaccines against any disease;
(e) alters
the requirement for visitors to certain workplaces to wear masks. In the case
of indoor physical activity facilities, it is limited to when access is needed
in connection with activities in outdoor areas and where therapeutic services
are provided. The requirement is also extended to auction houses and betting
agencies;
(f) updates
the requirement for workers to wear masks or visors to the new defined term of
“indoor physical activity facilities”. It also requires people
working at retail premises to wear masks in the presence of visitors and
workers who are part of a different workforce as opposed to in all
circumstances (as currently required);
(g) limits
the requirement to maintain at least 2 metres distance from other persons in
the case of indoor physical activity facilities to when access is needed in
connection with activities in outdoor areas. The requirement is also extended
to auction houses and betting agencies.
The order also amends
the Covid-19 (Gathering Control) (Jersey) Order 2020 to include within the
exception, to allow gatherings of more than 10 in certain circumstances, before
and after school activities.
(j) Covid-19 (Workplace Restrictions) (Amendment
No 9) (Jersey) Order 2021
(R&O.15/2021—in
force 10.2.2021)
This
order amends art 2 of the 2020 order to allow—
(a) allows
the opening of workplaces used for the purposes of carrying out—
ii(i) activities
undertaken by spas, nail salons, beauty salons, waxing salons or tanning
salons, or for laser hair removal,
i(ii) non-surgical
cosmetic procedures such as Botox injections and facial fillers,
(iii) tattooing, piercing, acupuncture or massage, or
(iv) providing haircuts, hair styling or the professional
application of make-up;
(b) requires
changing and shower facilities used in connection with indoor or outdoor sport
or exercise to be closed whether those facilities are indoors or outdoors; and
(c) removes
the requirement for swimming and paddling pools to be closed in all
circumstances (they are now allowed to be open for limited purposes described
below).
The order amends art 3 of the
2020 order to allow—
(a) changing
facilities used in connection with swimming pools or paddling pools to be open
but only for the purpose of certain children’s activities;
(b) swimming
pools and paddling pools to be open but only for the same purposes as indoor
physical activities facilities are allowed to be open;
(c) licensed
premises to be open additionally for the purposes mentioned in (a)(i) to (iv) as in art 2; and
(d) indoor
physical activity facilities to be open additionally to allow up to 5 high
performing athletes to take part in a physical activity along with up to 2
trainers or others instructing the athletes or assisting them with their
training or physical fitness.
The order also limits
the requirement to wear masks in indoor physical activity facilities to where
they are required to be worn by visitors, namely when access is incidental to
the use of outdoor facilities or in connection with therapeutic services.
(k) Social Security (Contributions)
(Covid‑19) (Amendment No 2) (Jersey) Order 2021
(R&O.19/2021—in
force 8.1.2021)
This order
amends the Social Security (Contributions) (Covid-19) (Jersey) Order 2020 to
provide that an employer required to make a Class 1 contribution in respect of
the period of 3 months beginning 1 October 2020 (“Quarter D”), or
an insured person required to pay a Class 2 contribution in respect of Quarter
D, may apply to defer payment of those contributions by up to 24 months.
(l) Covid-19
(Gathering Control) (Amendment No 2) (Jersey) Order 2021
(R&O.20/2021—in
force 17.2.2021)
This order
amends the current limitations on people gathering that are set out in the
Covid-19 (Gathering Control) (Jersey) Order 2020. The effect is to increase the
numbers of people who may gather for the celebration of a marriage or civil
partnership, at a funeral or part of a service of religious worship from 20 to
40. The order also allows up to 35 people to gather to enable children to participate
in sport or exercise.
(m) Covid-19 (Gathering Control) (Amendment No 3) (Jersey) Order 021
(R.21/2021—in force
17.2.2021)
This order
amends the Covid-19 (Gathering Control) (Jersey) Order 2020, following the
amendment to that order made by the Covid-19 (Gathering Control) (Amendment No
2) (Jersey) Order 2021 (“the Amendment No 2 Order”). The effect of
this amendment is to require a gathering to be in the open air if it is to
benefit from the exception for controlled gatherings of up to 35 people for
children’s sport or exercise, which was added by the Amendment No 2
Order.
(n) Covid-19 (Workplace Restrictions and
Gathering Control) (Amendment No 2) (Jersey) Order 2021
(R&O.24/2021—in
force 22.2.2021)
This order
further relaxes the restrictions imposed by the Covid-19 (Workplace
Restrictions) (Jersey) Order 2020 as follows—
(a) inserts
a definition of “accommodation premises” to cover registered
tourism premises (hotels, guest houses, self-catering accommodation, youth
hostels and camp sites) and clubs where members can stay;
(b) removes
the restriction on the opening of workplaces used by driving instructors
(meaning their vehicles);
(c) lifts
some of the restrictions on the opening of food and drink premises to allow
food and drink to be served at tables of up to 10 people till 10 p.m., for
premises to be open till 10.30 p.m. and for alcohol to be served if it is
ordered at the same time as, or during the consumption of, a meal. In the case
of food and drink premises that are also accommodation premises, the time
limits do not apply in respect of residents and their guests. Nightclubs are
now allowed to be open for the purpose of serving food and drink in accordance
with these requirements. Other restrictions applying to licensed premises are
removed. Nothing in the whole of art 3 is to affect any other condition to
which a licence is subject;
(d) limits
the requirements for visitors to food and drink premises to wear masks to where
the visitor is purchasing or waiting to purchase take-away food or is consuming
food or drink on the premises, except while actually eating or drinking. In the
case of accommodation premises the visitor must wear a mask in the non-food and
drink part of the premises except in the visitor’s own sleeping
accommodation. People are also required to wear masks in driving
instructors’ vehicles;
(e) requires
workers to wear masks or visors in accommodation premises, and in the case of
food premises and accommodation premises, the requirement now applies also
while the worker is in the presence of a person working as part of a different
workforce to the worker. Driving instructors are also now required to wear
masks unless to do so would be unsafe;
(f) extends
the contact tracing requirements to accommodation premises and driving
instructors’ vehicles;
(g) extends
the 2 metre distancing requirements to food and drink premises where customers
are purchasing or waiting to purchase take-away food or consuming food or drink
on the premises. The exceptions are in respect of people who expected to sit at
the same table or where the occupier or operator of the premises has deployed
screens that shield people from each other. The distancing requirements are
also extended to accommodation premises except in the person’s own
sleeping accommodation;
(h) amends
the Covid-19 (Gathering Control) (Jersey) Order 2020 to correct a
cross-reference and make it clear that the relaxation on gatherings at
weddings, funerals and religious services to up to 40 people applies only to
the ceremony itself.
(o) Covid-19
(Workplace—Twentieth Extension) (Jersey) Order 2021
(R&O.26/2021—in
force 1.3.2021)
This order
amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020, to extend the
restriction period to end at the end of Wednesday 31 March 2021.
(p) Covid-19 (Gathering Control—Fourth
Extension) (Jersey) Order 2021
(R&O.27/2021—in
force 1.3.2021)
This order
amends the Covid-19 (Gathering Control) (Jersey) Order 2020, to extend the
gathering control period to end at the end of Wednesday 31 March 2021.
(q) Emergency Powers and Planning (Medicines and
Vaccines—Covid-19) (Jersey) Order 2021
(R&O.30/2021—in
force 5.3.2021)
This order is
a renewal of the Emergency Powers and Planning (Medicines and
Vaccines—Covid-19 and Influenza) (Jersey) Order 2020 (except in relation
to influenza) which relaxes controls on medicines to facilitate a plan for
vaccination against Covid-19.
(r) Covid-19 (Gathering Control) (Amendment No 4) (Jersey) Order 2021
(R&O.31/2021—in
force 8.3.2021)
This order
amends the Covid-19 (Gathering Control) (Jersey) Order 2020 to—
(a) provide
that children under the age of 5 do not count towards the limit of 10 people
who may gather in a home (currently only children under the age of 3 do not
count);
(b) introduce
a provision that children under the age of 5 do not count towards the limit of
10 people who may gather in the open air;
(c) provide
that children under the age of 5 do not count towards the limit of 10 people
who may gather as part of a children’s activity group; and
(d) enable
gatherings of up to 35 people in the open air for the purpose of sport or
exercise for adults.
(s) Covid-19 (Workplace Restrictions and Gathering Control) (Amendment No
3) (Jersey) Order 2021
(R&O.33/2021—in force
15.3.2021)
This order
makes further amendments to the Covid-19 (Workplace Restrictions) (Jersey)
Order 2020 (“the Workplaces Order”) and the Covid-19 (Gathering
Control) (Jersey) Order 2020 (“the Gatherings Order”).
The Workplaces Order is
amended as follows—
(a) relocates
two definitions to the interpretation article so they can apply to a wider
range of articles;
(b) amends
art 2 to remove the requirements for amusement centres, certain changing and
shower facilities and indoor play areas to be closed and deletes the
definitions of “amusement centre” and “indoor play
area” which are relocated as mentioned above;
(c) widens
art 3 to include opening of workplaces subject to conditions. The restrictions
on the opening of changing facilities used in connection with swimming pools or
paddling pools are removed. Indoor physical activity facilities, swimming pools
and paddling pools are now permitted to be open subject to reasonable steps
being taken to assist in controlling the spread of Covid-19. Some redundant
provisions are also removed;
(d) amends
art 5 to vary the requirement for visitors to indoor physical activity
facilities to wear masks to apply except while in a part of the facility
currently being used for sport, dance or exercise. Mask-wearing is now also
required in changing facilities (except while actually changing), indoor play
areas and amusement centres;
(e) makes
the same changes in relation to the requirements for workers to wear masks or
visors in art 5A as are made in relation to visitors;
(f) extends
the contact-tracing requirements in art 5B to indoor physical activity
facilities (except in the case of certain gatherings of children), indoor play
areas and amusement centres;
(g) widens
the 2-metre distancing requirements in art 5C to cover indoor physical activity
facilities in all circumstances, changing or shower facilities and amusement
centres. In the case of changing or shower facilities, the requirement
doesn’t apply where the occupier or operator of those premises has taken
alternative steps to assist in controlling the spread of Covid-19 through the
use of screens that shield people from each other.
The Gatherings Order is
amended to remove the limit on numbers in relation to gatherings in certain
workplaces, namely indoor physical activity facilities, swimming pools and
paddling pools, changing and shower facilities and amusement centres. The
amendment also removes the requirement for children’s activity groups to
have been establishing in December of last year to fall within the exception
and increases the numbers allowed in a controlled gathering in the open air by
children or adults for sport or exercise from 35 to 45.
(t) Planning and
Building (Covid-19 Bridging Island Plan) (Jersey) Order 2021
(R&O.36/2021—in
force 23.3.2021)
This order
provides for the procedures (in particular, the examination in public) relating
to the introduction of a relatively short-term, bridging Island Plan in the
circumstances created by the Covid-19 emergency and its aftermath.
(u) Covid-19 (Workplace Restrictions and
Gathering Control) (Amendment No 4) (Jersey) Order 2021
(R&O.39/2021—in
force 26.3.2021)
This order
amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020 and the
Covid-19 (Gathering Control) (Jersey) Order 2020 to relax the numbers allowed
for certain gatherings whilst imposing additional requirements on those
gatherings where they take place in workplaces.
(v) Social Security (Contributions)
(Covid‑19) (Amendment No 3) (Jersey) Order 2021
(R&O.40/2021—in
force 30.3.2021)
This order
amends the Social Security (Contributions) (Covid-19) (Jersey) Order 2020 (“the
principal Order”).
This
order amends the principal order as follows—
(a) amends
art 1 of the principal order, to define Quarter A 2021 as the period of 3
months beginning 1 January 2021 and to delete the definition
“Department”—all references to “Department”
throughout the order are replaced with “Minister”;
(b) amends
art 2 of the principal order, to provide that an employer required to make a
Class 1 contribution in respect of Quarter A 2021 may apply to defer payment of
those contributions by up to 24 months;
(c) amends
art 3 of the principal order, to provide that an insured person required to pay
a Class 2 contribution in respect of Quarter A 2021 may apply to defer payment
of those contributions by up to 24 months;
(d) amends
art 4 of the principal order, to clarify that recovery of a relevant benefit
may be made for any relevant benefit paid which is based on a quarter deferred
under art 3 of the principal order, and that the Minister may seek to recover
survivor’s benefit from the survivor of a person who makes a deferral
under that art 3.
(w) Covid-19 (Workplace—Twenty-First Extension) (Jersey) Order 2021
(R&O.41/2021—in
force 1.4.2021)
This order
amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020, to extend the
restriction period to end at the end of Friday 30 April 2021.
(x) Covid-19 (Gathering Control—Fifth
Extension) (Jersey) Order 2021
(R&O.42/2021—in
force 1.4.2021)
This order
amends the Covid-19 (Gathering Control) (Jersey) Order 2020, to extend the
gathering control period to end at the end of Friday 30 April 2021.
(y) Covid-19 (Workplace Restrictions) (Amendment
No 10) (Jersey) Order 2021
(R&O.43/2021—in
force 2.4.2021)
This order
amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020 in relation to
food and drink premises, but only in relation to consumption on the premises.
This order extends to
11 p.m. the time until which the food or drink may be ordered, and to 11.30
p.m. the time by which the food or drink must be consumed. It removes the
requirement for customers to be seated at a table while ordering or paying for
the food or drink (but retains the seating requirement while consuming the food
or drink, and retains the separate limit of 10 customers per table). It removes
the requirement for alcoholic drinks to be ordered with a meal. Lastly it
broadens the exception from wearing a mask, so that the customer can remove the
mask for all of the time spent sitting at the table at which the food or drink
is to be consumed.
(z) Covid-19 (Workplace Restrictions and
Gathering Control) (Amendment No 5) (Jersey) Order 2021
(R&O.46/2021—in
force 12.4.2021)
This order further
relaxes the restrictions imposed by the Covid-19 (Workplace Restrictions)
(Jersey) Order 2020 and the Covid-19 (Gathering Control) (Jersey) Order 2020.
(za) Covid-19 (Safe Distancing—Suspension
No 2) (Jersey) Order 2021
(R&O.47/2021—in
force 12.4.2021)
This order is
made under Regulation 6(4) of the Covid‑19 (Safe Distancing) (Jersey)
Regulations 2020, to suspend indefinitely the effect of Regulations 2(2) and
3(1) of those Regulations. The suspended provisions contain the only criminal
offences in the Regulations, and the effect of the suspension is that there is
no criminal sanction in respect of breaches of safe distancing under the
Regulations. The suspension is for an indefinite period, so it lasts until this
order is repealed. But the Regulations themselves are due to expire at the end
of 30 April 2021, although P.25/2021 has been lodged to propose extending that
date to the end of 31 October 2021. The offences will fall away on the expiry
date in any case, whenever that might be.
(zb) Covid-19 (Gathering Control—Sixth
Extension) (Jersey) Order 2021
(R&O.57/2021—in
force 1.5.2021)
This order
amends the Covid-19 (Gathering Control) (Jersey) Order 2020, to extend the
gathering control period to end at the end of Monday 31 May 2021.
(zc) Covid-19 (Workplace Restrictions) (Amendment
No 11) (Jersey) Order 2021
(R&O.58/2021—in
force 30.4.2021)
This order
amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020 to remove the
requirement for food and drink premises to close by 11.30 p.m. It does not
remove the requirement that the food and drink (other than to take away) are
consumed only while seated at a table, or the requirement for customers to wear
masks indoors while not seated at a table. It also does not affect any other
legal obligation to close at a certain time, such as for premises holding an
alcohol licence.
(zd) Covid-19 (Workplace –Twenty-Second
Extension) (Jersey) Order 2021
(R&O.59/2021—in
force 1.5.2021)
This order
amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020, to extend the
restriction period to end at the end of Monday 31 May 2021.
(ze) Covid-19 (Screening, Assessment and
Isolation—Authorised Officers) (Jersey) Order 2021
(R&O.62/2021—in
force 1.5.2021)
This order
makes provision for a States’ employee who is employed as a Covid Safe Officer, a Senior Covid
Safe Officer or a Team Manager Covid Safe to be treated
as an authorised officer for the purpose of the Covid‑19 (Screening,
Assessment and Isolation) (Jersey) Regulations 2020, when the States’
employee is carrying an appropriate identification card.
(zf) Covid-19 (Workplace Restrictions)
(Amendment—Enforcement Officers) (Jersey) Order 2021
(R&O.63/2021—in
force 1.5.2021)
This order
amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020 to add
provision for a States’ employee who is employed as a Covid
Safe Officer, a Senior Covid Safe Officer or a Team
Manager Covid Safe to be an enforcement officer for
the purpose of the Covid 19 (Workplace Restrictions)
(Jersey) Regulations 2020, when the States’ employee is carrying an
appropriate identification card.
6. RULES OF COURT
None.
BAILIWICK
OF GUERNSEY
1 January–30 April 2021
A. GUERNSEY
1. LAWS APPROVED BY THE STATES OF DELIBERATION
(a) Health Service Benefit (Amendment and
Miscellaneous Provisions) (Guernsey) Law 2021
(Billet
d’État No V of 2021. Approved
24.02.21)
The Law
provides (at s 1) for the transfer of monies forming part of the Guernsey
Health Service Fund (“the Fund”) to the general revenue, on a date
to be appointed by regulations, and for the consequent closure of the Fund. At ss 2–5 the Law amends the Health Service Benefit
(Guernsey) Law 1990, the Social Insurance (Guernsey) Law 1978 and the Health
Service (Benefit) Ordinance 1990, to—
ii(i) make
changes consequent on the closure of the Fund,
i(ii) repeal
provisions relating to Medical Benefit, Specialist Medical Benefit,
Physiotherapy Benefit and Alderney Hospital Benefit,
and to make changes consequential to those repeals,
(iii) provide
for the Committee for Health & Social Care to have power to make provision
in relation to Pharmaceutical Benefit and medical appliances by regulation and
Committee resolution,
(iv) provide
for the appointment of a Health Administrator in respect of the administration
of the remaining statutory benefits under the Health Service Benefit (Guernsey)
Law -90 and subordinate legislation, and
i(v) repeal
provision relating to travelling allowance grant.
Section 6 of the Law
creates a power for the States to make any further consequential, incidental or
supplementary provision by Ordinance. Power to make similar provision
specifically in relation to the closure of the Fund is comprised within the
regulation-making power at s 1.
The Law also makes
several repeals at s 7 and Schedule 1, and at s 8 and Schedule 2
creates power for the Committee for Health & Social Care to make
regulations for the purpose of ensuring that specified categories of
person—for example, those who have a prospective right to or expectation
of a statutory health service benefit immediately before commencement of the
Law—do not suffer a detriment as a consequence of the repeal of those
benefits by the Law. Sections 9–11 are concerned with the interpretation,
citation and coming into force of the Law.
(b) Police
Force (Bailiwick of Guernsey) (Amendment) Law 2021
(Billet
d’État No V of 2021. Approved
24.02.21)
The Law amends
the Police Force (Guernsey) Law 1986 to extend the powers contained therein to
the rest of the Bailiwick. The Committee may make an agreement with a police
force in the United Kingdom, or with the States of Jersey Police Force, to
place members of that force in the Bailiwick of Guernsey under the conditions
set out in ss 1 and 2.
2.
ORDINANCES APPROVED BY THE STATES OF DELIBERATION
(a) Disclosure (Bailiwick of Guernsey) (Amendment) Ordinance 2021
(Billet d’État No V of
2021. Approved 24.02.21—in force 01.03.21)
The Ordinance
amends the Disclosure (Bailiwick of Guernsey) Law 2007 by modifying the powers
of the Director of the Revenue Service and other specified persons to disclose
information to police and customs officers for the purposes of civil forfeiture
and to take account of recent amendments to the Forfeiture of Money, etc in Civil Proceedings (Bailiwick of Guernsey) Law 2007.
(b) Social Insurance (States Pension)
(Amendment) (Guernsey) Ordinance 2021
(Billet d’État No V of
2021. Approved 24.02.21—in force 01.03.21)
The Ordinance
amends the Social Insurance (Guernsey) Law 1978 to give effect to the policy
decision to change the name of “old age pension” to “States
pension”. Consequential amendments are also made to other legislation
referring to the benefit.
(c) Income Tax (Charitable Donations) (Guernsey)
(Amendment) Ordinance 2021
(Billet d’État No VIII of 2021. Approved
24.03.21—this Ordinance shall be deemed to have come into force on
01.01.21)
The Ordinance
amends s 64B(1)(d) of the Income Tax (Guernsey) Law 1975 to increase the
maximum aggregate amount of donations that may be made to Guernsey Registered
charities and be exempt from income tax in any year of charge from £5,000
to £7,500.
(d) Land Planning and Development (Visitor
Accommodation) (Amendment etc) Ordinance 2021
(Billet d’État No VIII of 2021. Approved
24.03.21—in force 01.04.21)
The Ordinance
provides for a temporary relaxation of planning use controls for visitor
accommodation in view of the ongoing issues faced by the visitor economy as a
result of the coronavirus pandemic.
The Ordinance amends
the Land Planning and Development (Exemptions) Ordinance 2007 to add a new
exemption from the need for planning permission for a change of use of visitor
accommodation to certain residential uses but only if that change of use is one
which occurs in the period from 25 March 2020 to 31 December 2021
(“temporary exemption”). The temporary exemption is subject to
specified conditions including that the land reverts back to its previous lawful
use, immediately before the 25th March 2020 on or before the 31 January 2022.
Provision is also made for an exemption from the requirement for planning
permission for a change of use of the same premises back to the previous lawful
visitor accommodation in compliance with the provisos to the temporary
exemption.
The Ordinance also
provides for a modification to s 48(4) of the Land Planning and
Development (Guernsey) Law 2005 so that in calculating the period within which
a compliance notice may be issued no account is taken of the period during
which the temporary exemption allows visitor accommodation to be used for
non-visitor accommodation uses i.e.
from the coming into force of the Ordinance until the 31 January 2022. This is
in case a change of use is made in reliance on the temporary exemption but one
of the conditions is not met so that a breach of planning control occurs.
(e) Copyright (Bailiwick of Guernsey) (Amendment) Ordinance 2021
(Billet d’État No VIII of 2021. Approved
24.03.21—in force 26.03.21)
The Ordinance
amends ss 50 and 56 of the Copyright (Bailiwick of
Guernsey) Ordinance 2005 (“the Copyright Ordinance”) to permit
museums and galleries to make or accept replacement works.
Section 56 currently
applies to not for profit libraries and archives. The museums and galleries
that will be able to benefit from s 56 of the Copyright Ordinance as so
amended will be prescribed in the Copyright (Prescribed Libraries, Archives,
Museums and Galleries and Copying of Copyright Material) (Bailiwick of
Guernsey) Regulations 2021 (“the Prescribed Libraries
Regulations”), which will come into force on the same day as the
Ordinance.
The
Ordinance also amends s 56 of the Copyright Ordinance to:
i(i) extend
the scope of works that may be copied to works of any type, including
sound-recordings, and
(ii) allow
multiple copies to be made.
All copying
pursuant to s 56 of the Copyright Ordinance must also comply with the
conditions laid out in the Prescribed Libraries Regulations.
(f) Terrorism and Crime (Bailiwick of Guernsey)
Law 2002 (Amendment) Ordinance 2021
(Billet d’État No IX of 2021. Approved
28.04.21—in force 03.05.21)
The Ordinance
amends the Terrorism and Crime (Bailiwick of Guernsey) Law 2002 (“the
2002 Law”). The amendments are closely based on provision made in United
Kingdom legislation, in Schedule 3 to the Counter-Terrorism and Border Security
Act 2019, and Schedule 1 to the Counter-Terrorism and Security Act 2015.
The Ordinance
principally amends Schedule 8 (Port and Border Controls) to the 2002 Law. It
also amends the index of defined expressions at s 80, and Schedule 9
(Detention).
Section 1 amends the
index of defined expressions, which amendments are consequential on amendments
made to Schedules 8 and 9 at ss 2–5. Sections
2–4 contain amendments of Schedule 8, grouped as follows: provisions in
relation to the seizure and retention of travel documents at s 2,
provisions in relation to “hostile activity” at s 3, and other
amendments at s 4, which include widening the definition of “examining
officer” to include a customs officer. Section 5 contains amendments to
Schedule 9, which include providing for an increase in the period of detention
that may be applied for on application to the Bailiff for a warrant for further
detention from 7 to 14 days. As elsewhere, these amendments are based on the
position in the relevant United Kingdom legislation.
(g) Gambling (Channel Island Lottery) (Bailiwick
of Guernsey) (Amendment) Ordinance 2021
(Billet d’État No IX of 2021. Approved
28.04.21—in force 30.04.21)
The Ordinance
amends the Gambling (Channel Island Lottery) (Bailiwick of Guernsey) Ordinance
1975 to extend the deadline by which a report on the Channel Islands Lottery
must be submitted to the States from the 31 March to the 30th June in each
year.
(h) Companies (Guernsey) Law 2008 (Miscellaneous
Amendments) Ordinance 2021
(Billet d’État No IX of 2021. Approved
28.04.21—in force 01.05.21)
This Ordinance
amends the Companies (Guernsey) Law 2008 (the “Law”).
Sections 2, 4, 5, 8 and
10 amend the Law to provide that the Registrar of Companies may specify the
form of certain applications without prescribing the form by regulations.
Section 3 amends
s 25 of the Law to allow a company to change its name by any other means
as may be specified in its articles, as an alternative to passing a special
resolution.
Section 6 amends
s 52A of the Law to permit a poll of the holders of cell shares to be held
or demanded on a proposal to convert a cell of a protected cell company into a
non-cellular company, in addition to the current provision for written consent
or a show of hands.
Section 7 amends
s 69(2)(b) of the Law to provide that in the case of an amalgamated body
corporate which is a new company, the requirement of s 15(3) of the Law
that the founder member shall subscribe to the memorandum of the company will
be satisfied where at least one founder member of the company subscribes.
Section 9 amends s 84(1)(b) of the Law to provide that in the case of an
amalgamated body corporate which is a company which is migrating to Guernsey,
the requirement of s 15(3) of the Law that the founder member shall
subscribe to the memorandum of the company will be satisfied where at least one
founder member of the company as proposed immediately after registration as a
Guernsey company subscribes.
Section 11 amends
s 110 of the Law to define the meaning of 75% in value in that section.
Section 12 and 13 amend the Law to allow divergence between the membership of
the board of directors of an incorporated cell that of its incorporated cell
company, provided that at least one of the directors of an incorporated cell
shall also be a director of its incorporated cell company.
Section 14 amends the
Law to provide that the deeming of a meeting of directors to be held in the
place in which the chairman is present, is subject to the company’s
memorandum and articles, or a resolution of the company’s board.
Section 15 amends the
Law to provide that a notice of a general meeting which is to be held entirely
electronically must state the means and manner by which persons may attend.
Sections 16 to 21, 23
and 26 repeal provisions of the Law which are no longer considered to be
necessary.
Section 22 amends
s 260 of the Law to widen the scope of which partnerships or body corporates
are qualified for appointment as auditor of a Guernsey company; inserts a power
for the Committee for Economic Development (the “Committee”) to authorise partnerships and body corporates to audit the
accounts of companies; and inserts a power for the Committee to make
regulations prescribing a fee payable to the Committee by any person or body
making an application for authorisation.
Section 24 amends the
Law to provide that a company’s shares may not be converted into stock.
Section 25 amends the Law to provide that, for the purposes of the Law,
companies may make an offer of shares in lieu of dividends to shareholders by
publication in La Gazette Officielle, or in any other
manner allowed by the company’s articles, should the law of the
jurisdiction in which the shareholder is resident prohibit or restrict the
making of an offer of shares in lieu of dividends.
Sections 27 and 28
amend the Law so that member approval of certain actions relating to
“off-market” acquisition by a company of its own shares need only
be by ordinary resolution rather than special resolution. Section 29 amends
s 337 of the Law enabling a notice to acquire shares in a company takeover
to be issued as soon as the requisite 90% threshold has been reached. It also
makes further provision relating to shares which will not be taken into account
in calculating the 90% threshold.
Section 30 amends the
Law to provide that the Registrar of companies may destroy documents received
or issued by, or on behalf of, the Registrar where a copy in electronic form is
retained.
Section 31 amends the
definition of confidential information in s 532(1), to clarify, for the
avoidance of doubt, that a director’s usual residential address is only
confidential information where the address in the company’s register of
directors is a service address and his usual residential address has been
notified to the Registrar in accordance with the requirements of s 148.
3. ORDINANCES, SUBORDINATE LEGISLATION ETC LAID BEFORE THE STATES OF
DELIBERATION
(a) Severe Disability Benefit and Carers Allowance Ordinance 2021
(Billet d’État No IV
of 2021. Made by the Policy & Resources
Committee—in force 01.02.21 and laid on 02.02.21)
(b) Income Support (Implementation) (Amendment)
Ordinance 2021
(Billet d’État No IV
of 2021. Made by the Policy & Resources
Committee—in force 05.02.21 and laid on 02.02.21)
(c) Family Allowances Ordinance 2021
(Billet d’État No IV
of 2021. Made by the Policy & Resources
Committee—in force 01.02.21 and laid on 02.02.21)
(d) Financial Services Commission (Limited Liability Partnerships) (Fees)
Regulations 2020
(Billet d’État No IV
of 2021. Made by the Committee for Economic
Development—in force 01.01.21 and
laid on 02.02.21)
(e) Amalgamation and Migration of Companies (Fees Payable to the Guernsey
Financial Services Commission) (Amendment) Regulations 2020
(Billet d’État No IV
of 2021. Made by the Committee for Economic
Development—in force 01.01.21 and
laid on 02.02.21)
(f) Protected Cell Companies and Incorporated Cell
Companies (Fees Payable to the Guernsey Financial Services Commission)
(Amendment) Regulations 2020
(Billet d’État No IV
of 2021. Made by the Committee for Economic
Development—in force 01.01.21 and
laid on 02.02.21)
(g) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of
Guernsey) (No 10) (Amendment) Regulations 2020
(Billet d’État No IV
of 2021. Made by the Civil Contingencies
Authority—in force 22.12.20 and laid on 02.02.21)
(h) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of
Guernsey) (No 10) (Amendment) (No 2) Regulations 2021
(Billet d’État No IV
of 2021. Made by the Civil Contingencies
Authority—in force 05.01.21 and laid on 02.02.21)
(i) Emergency Powers (Coronavirus) (General Provision)
(Bailiwick of Guernsey) Regulations 2021
(Urgent Proposition to the
States of Deliberation, 02.02.21. Made by the Civil Contingencies
Authority—in force 13.01.21 with the exception of Regulations 4, 14(7)
and Schedule 1 which came into force on 14.01.21. Laid and approved on
02.02.21)
(j) Emergency Powers (Coronavirus) (Vaccine) (Limitation
of Liability) (Bailiwick of Guernsey) Regulations 2021
(Urgent Proposition to the
States of Deliberation, 02.02.21. Made by the Civil Contingencies
Authority—in force 12.01.21 and laid and approved on 02.02.21)
(k) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of
Guernsey) (Amendment) Regulations 2021
(Urgent Proposition to the
States of Deliberation, 02.02.21. Made by the Civil Contingencies
Authority—in force 23.01.21 and laid and approved on 02.02.21)
(l) Emergency Powers (Coronavirus) (General Provision)
(Bailiwick of Guernsey) (Amendment) (No 2) Regulations 2021
(Urgent Proposition to the
States of Deliberation, 02.02.21. Made by the Civil Contingencies
Authority—in force 26.01.21 and laid and approved on 02.02.21)
(m) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of
Guernsey) (Amendment) (No 3) Regulations 2021
(Urgent Proposition to the
States of Deliberation, 02.02.21. Made by the Civil Contingencies
Authority—in force 28.01.21 and laid and approved on 02.02.21)
(n) Emergency Powers (Coronavirus) (Population Management) (Guernsey)
Regulations 2021
(Urgent Proposition to the
States of Deliberation, 02.02.21. Made by the Civil Contingencies
Authority—in force 29.01.21 and laid and approved on 02.02.21)
(o) Income Tax (Residence) (Amendment)
(Guernsey) Ordinance 2020
(Billet d’État No V of
2021. Made by the Policy & Resources
Committee—in force 01.12.20 and laid on 24.02.21)
(p) European
Communities (Coronavirus Vaccine) (Immunity from Civil Liability) (Guernsey)
Ordinance 2020
(Billet d’État No V of
2021. Made by the Policy & Resources
Committee—in force 15.12.20 and laid on 24.02.21)
(q) Income Tax (Surcharges) (Amendment)
(Guernsey) Ordinance 2020
(Billet d’État No V of
2021. Made by the Policy & Resources
Committee—in force 22.12.20 and laid on 24.02.21)
(r) International Trade Agreements (General
Implementation) (Bailiwick of Guernsey) Ordinance 2020
(Billet d’État No V of
2021. Made by the Policy & Resources
Committee—in force 11pm 31.12.20 and
laid on 24.02.21)
(s) World Trade Organization (Privileges and
Immunities) (Bailiwick of Guernsey) Ordinance 2020
(Billet d’État No V of
2021. Made by the Policy & Resources
Committee—in force 11pm 31.12.20 and
laid on 24.02.21)
(t) Competition (Vertical Arrangements Block Exemption)
(Guernsey) Regulations 2020
(Billet d’État No V of
2021. Made by the Committee for Economic
Development—in force 12.11.20 and
laid on 24.02.21)
(u) Financial Services Commission (Fees) Regulations 2020
(Billet d’État No V of
2021. Made by the Policy & Resources
Committee—in force 01.01.21 and laid on 24.02.21)
(v) Boarding Permit Fees (No 2) Order 2020
(Billet d’État No V of
2021. Made by the Committee for Economic
Development—in force 01.04.21 and
laid on 24.02.21)
(w) Haiti (Sanctions) (Prohibition of Claims) (Bailiwick of Guernsey)
Regulations 2020
(Billet d’État No V of
2021. Made by the Policy & Resources
Committee—in force 14.12.20 and laid on 24.02.21)
(x) Libya (Sanctions) (Prohibition of Claims) (Bailiwick of Guernsey)
Regulations 2020
(Billet d’État No V of
2021. Made by the Policy & Resources
Committee—in force 14.12.20 and laid on 24.02.21)
(y) Former Yugoslavia (Sanctions) (Prohibition of Claims) (Bailiwick of
Guernsey) Regulations 2020
(Billet d’État No V of
2021. Made by the Policy & Resources
Committee—in force 14.12.20 and laid on 24.02.21)
(z) Customs and Excise (Import) (Customs Declarations) Regulations 2020
(Billet d’État No V of
2021. Made by the Committee for Home
Affairs—in force 11pm 31.12.20 and
laid on 24.02.21)
(aa) Customs and Excise (Special Customs Procedures) (Bailiwick
of Guernsey) Regulations 2020
(Billet d’État No V of
2021. Made by the Committee for Home
Affairs—in force 11pm 31.12.20 and
laid on 24.02.21)
(bb) Export Control (Miscellaneous Goods) (Bailiwick of Guernsey) (Amendment)
Order 2020
(Billet d’État No V of
2021. Made by the Committee for Home
Affairs—in force 11pm 31.12.20 and
laid on 24.02.21)
(cc) Fire Services (Fees and Charges) (Guernsey)
Regulations 2020
(Billet d’État No V of
2021. Made by the Committee for Home
Affairs—in force 01.01.21 and laid on 24.02.21)
(dd) Customs (Temporary Admission Procedures)
(Bailiwick of Guernsey) Regulations 2020
(Billet d’État No V of
2021. Made by the Committee for Home Affairs—in
force 11pm 31.12.20 and laid on 24.02.21)
(ee) Health Service (Payment of Authorised Appliance Suppliers)
(Amendment) Regulations 2020
(Billet d’État No V of
2021. Made by the Committee for Health
& Social Care—in force 01.01.21 and
laid on 24.02.21)
(ff) Health Service (Payment of Authorised Suppliers)
(Amendment) Regulations 2020
(Billet d’État No V of
2021. Made by the Committee for Health
& Social Care—in force 01.01.21 and
laid on 24.02.21)
(gg) Customs and Excise (Approved Ports and Customs
Declarations) (Revocation) Regulations 2020
(Billet d’État No V of
2021. Made by the Committee for Home
Affairs—in force 11pm 31.12.20 and
laid on 24.02.21)
(hh) Customs and Excise (Import) (Customs Declarations)
(Amendment) Regulations 2020
(Billet d’État No V of
2021. Made by the Committee for Home
Affairs—in force 11pm 31.12.20 and
laid on 24.02.21)
(ii) Data Protection (General Provisions) (Bailiwick of Guernsey) (Amendment
No 3) Regulations 2020
(Billet d’État No V of
2021. Made by the Committee for Home
Affairs—in force 01.01.21 and laid on 24.02.21)
(jj) Customs and Excise (Customs Export Declarations)
Regulations 2020
(Billet d’État No V of
2021. Made by the Committee for Home
Affairs—in force 11pm 31.12.20 and
laid on 24.02.21)
(kk) Income Tax (Standard Charge) (Amendment) Regulations
2020
(Billet d’État No V of
2021. Made by the Policy & Resources
Committee—in force 01.01.21 and laid on 24.02.21)
(ll) Emergency Powers (Coronavirus) (Vaccine) (Limitation
of Liability) (No 2) (Bailiwick of Guernsey) Regulations 2021
(Billet d’État No VII
of 2021. Made by the Civil Contingencies
Authority—in force 05.02.21 and laid on 24.02.21)
(mm) Emergency Powers (Coronavirus) (General Provision)
(Bailiwick of Guernsey) (No 2) Regulations 2021
(Billet d’État No VII of
2021. Made by the Civil Contingencies
Authority—in force 05.02.21 and laid on 24.02.21)
(nn) Emergency Powers (Coronavirus) (General Provision)
(Bailiwick of Guernsey) (No 2) (Amendment) Regulations 2021
(Billet d’État No VII
of 2021. Made by the Civil Contingencies
Authority—in force 13.02.21 and laid on 24.02.21)
(oo) Income Support (Implementation)
(Amendment) (No 2) Ordinance 2021
(Billet d’État No VIII
of 2021. Made by the Policy & Resources
Committee—in force 03.02.21 and laid on 24.03.21)
(pp) LLPs (Annual Validation) Regulations 2020
(Billet d’État No VIII
of 2021. Made by the Registrar of Limited
Liability Partnerships—in force 01.09.20 and laid on 24.03.21)
(qq) Companies (Annual Validation) Regulations 2020
(Billet d’État No VIII
of 2021. Made by the Committee for Economic
Development—in force 01.09.20 and
laid on 24.03.21)
(rr) Limited Partnerships (Annual Validation) (Amendment)
Regulations 2020
(Billet d’État No VIII
of 2021. Made by the Committee for Economic
Development—in force 01.09.20 and
laid on 24.03.21)
(ss) Foundations (Annual Renewal) (Amendment) Regulations
2020
(Billet d’État No VIII
of 2021. Made by the Committee for Economic
Development—in force 01.09.20 and
laid on 24.03.21)
(tt) Companies (Annual Validation) (No 2) Regulations 2020
(Billet d’État No VIII
of 2021. Made by the Committee for Economic
Development—in force 24.11.20 and
laid on 24.03.21)
(uu) Companies (Registrar) (Fees and Penalties)
Regulations 2020
(Billet d’État No VIII
of 2021. Made by the Registrar of Companies—in
force 01.01.21 and laid on 24.03.21)
(vv) Immigration and Social Security Co-ordination (EU
Withdrawal) (Bailiwick of Guernsey) Regulations 2020
(Billet d’État No VIII
of 2021. Made by the Committee for Home
Affairs—in force 11pm 31.12.20 and
laid on 24.03.21)
(ww) Immigration (Bailiwick of Guernsey) (Amendment) Rules
2021
(Billet d’État No VIII
of 2021. Made by the Committee for Home
Affairs—in force 06.02.21 and laid on 24.03.21)
(xx) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of
Guernsey) (No 3) Regulations 2021
(Urgent Proposition to the
States of Deliberation, 24.03.21. Made by the Civil Contingencies
Authority—in force 05.03.21)
(yy) Emergency Powers (Coronavirus) (General Provision)
(Bailiwick of Guernsey) (No 3) (Amendment) Regulations 2021
(Urgent Proposition to the
States of Deliberation, 24.03.21. Made by the Civil Contingencies
Authority—in force 10.03.21)
(yy) Emergency Powers (Coronavirus) (General Provision)
(Bailiwick of Guernsey) (No 3) (Amendment) (No 2) Regulations 2021
(Urgent Proposition to the
States of Deliberation, 24.03.21. Made by the Civil Contingencies
Authority—in force 22.03.21)
(zz) Emergency Powers (Coronavirus) (Vaccine) (Limitation of
Liability) (No 3) (Bailiwick of Guernsey) Regulations 2021
(Urgent Proposition to the
States of Deliberation, 24.03.21. Made by the Civil Contingencies
Authority—in force 05.03.21)
(A) Merchant Shipping (Bailiwick of Guernsey) Law 2002 (Commencement)
Ordinance 2021
(Billet d’État No IX
of 2021. Made by the Policy & Resources
Committee—in force 02.03.21 and laid on 28.04.21)
(B) European Union (Patent Co-operation Treaty) (Brexit)
(Bailiwick of Guernsey) Regulations 2020
(Billet d’État No IX
of 2021. Made by the Policy & Resources
Committee—in force 08.12.20 and laid on 28.04.21)
(C) European Union (Performers' Rights) (WPPT) (Brexit)
(Bailiwick of Guernsey) Regulations 2020
(Billet d’État No IX
of 2021. Made by the Policy & Resources
Committee—in force 08.12.20 and laid on 28.04.21)
(D) European Union (Registered Designs) (Hague Agreement) (Brexit) (Bailiwick of Guernsey) Regulations 2020
(Billet d’État No IX
of 2021. Made by the Policy & Resources
Committee—in force 08.12.20 and laid on 28.04.21)
(E) Trade Marks (Madrid) (Bailiwick of Guernsey) Regulations 2020
(Billet d’État No IX
of 2021. Made by the Committee for Economic
Development—in force 21.12.20 and
laid on 28.04.21)
(F) European Union (Competition) (Brexit)
(Guernsey) Regulations 2021
(Billet d’État No IX
of 2021. Made by the Policy & Resources
Committee—in force 23.02.21 and laid on 28.04.21)
(G) Electoral Roll (Public Inspection) Rules 2021
(Billet d’État No IX
of 2021. Made by the Committee for Home
Affairs—in force 26.02.21 and laid on 28.04.21)
4. LAWS, ORDERS IN COUNCIL, ETC REGISTERED IN THE ROYAL COURT OF
GUERNSEY
(a) Real Property (Transfer Tax, Charging and
Related Provisions) (Amendment) (Sark) Law 2020
(Chief Pleas
of Sark 19.11.20—registered 07.04.21. In force upon its registration on
the records of the Island of Sark)
(b) Capacity (Bailiwick of Guernsey) Law 2020
(Billet d’État
No X of 2020—registered 19.04.21. In force on a date to be appointed
by Ordinance)
(c) Human Tissue and Transplantation (Bailiwick
of Guernsey) Law 2020
(Billet d’État
No XI of 2020—registered 19.04.21. In force on a date to be appointed
by Ordinance)
5. RULES OF COURT
(a) Bar (Examination Fee) (Amendment) Regulations 2021
(Made 19.02.21. In force 19.02.21).
These Rules
amend the Bar (Examination Fee) (Amendment) Regulations 2011 to increase the
level of fees.
B. ALDERNEY
1. LAWS APPROVED BY THE STATES OF ALDERNEY
(a) Damages (Assumed Rate of Return and Related
Matters) (Enabling Provisions) (Guernsey and Alderney) Law 2020
(Billet d’État 13.01.21. Approved 13.01.21)
This Law was approved by the States of Deliberation of
Guernsey on 25.11.20 (see Chapter A. 1. (a) of the entries relating to Guernsey
in the Law Review covering the period
1 September–31 December 2020).
(b) Conditions of Employment (Alderney) Law 2021
(Billet d’État 17.03.21. Approved 17.03.21)
This Law creates a right (subject to certain
exceptions) for an employee to a written statement of particulars of the terms
of his or her employment, and to statements of pay, and creates powers to
enforce those rights (including powers of entry onto land), exercisable by
persons authorised in this regard by the Policy &
Finance Committee of the States of Alderney. It also
creates associated criminal offences. The Law is, in very large part, based on
the provisions of the Conditions
2. ORDINANCES APPROVED BY
THE STATES OF ALDERNEY
(a) European Communities (Coronavirus Vaccine)
(Immunity from Civil Liability) (Alderney) Ordinance 2021
(Approved
11.01.21—in force 11.01.21)
(b) Speed
Trials (Alderney) Ordinance 2021
(Approved
21.04.21—in force 22.03.21)
3. REGULATIONS LAID BEFORE THE STATES OF
ALDERNEY
(a) Emergency Powers (Coronavirus) (General
Provision) (Bailiwick of Guernsey) (No 9) Regulations 2020
(Laid
before the States of Alderney on 13.01.21)
(b) Emergency Powers (Coronavirus) (General
Provision) (Bailiwick of Guernsey) (No 10) Regulations 2020
(Laid
before the States of Alderney on 13.01.21)
(c) Acquisition of Immovable Property by Aliens
(Brexit) (Repeal) (Alderney) Regulations 2020
(Laid
before the States of Alderney on 13.01.21)
(d) Employment
Permits (Brexit) (Alderney)
Regulations 2020
(Laid
before the States of Alderney on 13.01.21)
(e) Emergency Powers (Coronavirus) (General
Provision) (Bailiwick of Guernsey) (No 2) Regulations 2021
(Laid
before the States of Alderney on 17.03.21)
(f) Emergency Powers (Coronavirus) (General
Provision) (Bailiwick of Guernsey) (No 2) (Amendment) Regulations 2021
(Laid
before the States of Alderney on 17.03.21)
(g) Emergency Powers (Coronavirus) (Vaccine)
(Limitation of Liability) (No 2) (Bailiwick of Guernsey) Regulations 2021
(Laid
before the States of Alderney on 17.03.21)
(h) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of Guernsey)
(No 3) Regulations 2021
(Laid
before the States of Alderney on 21.04.21)
(i) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of
Guernsey) (No 3) (Amendment) Regulations 2021
(Laid
before the States of Alderney on 21.04.21)
(j) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of
Guernsey) (No 3) (Amendment) (No 2) Regulations 2021
(Laid
before the States of Alderney on 21.04.21)
(k) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of
Guernsey) (No 4) Regulations 2021
(Laid
before the States of Alderney on 21.04.21)
(l) Emergency Powers (Coronavirus) (Vaccine) (Limitation of Liability) (No 3)
(Bailiwick of Guernsey) Regulations 2021
(Laid
before the States of Alderney on 21.04.21)
(m) Emergency Powers (Coronavirus) (Vaccine) (Limitation of Liability) (No 4)
(Bailiwick of Guernsey) Regulations 2021
(Laid
before the States of Alderney on 21.04.21)
C. SARK
1. LAWS APPROVED BY THE CHIEF PLEAS OF SARK
(a) Police Force (Bailiwick of Guernsey) (Amendment) Law 2021
(Billet d’État
14.04.21. Approved 14.04.21)
This Law was
approved by the States of Deliberation of Guernsey on 24.02.21 (see Chapter A.
1. (b) of the entries relating to Guernsey above).
2. ORDINANCES APPROVED BY
THE CHIEF PLEAS OF SARK
(a) Reform (Election of Conseillers)
(Further Election) (Sark) Ordinance 2021
(Approved
20.01.21—in force 20.01.21)
(b) Live Link Evidence in Civil Proceedings
(Amendment) (Sark) Ordinance 2021
(Approved
20.01.21—in force 20.01.21)
(c) Real Property (Transfer Tax, Charging and
Related Provisions) (Sark) Law 2007 (Commencement) Ordinance 2021
(Approved
20.01.21—in force 20.01.21)
(d) Child
Protection (Sark) Ordinance 2021
(Approved
14.04.21—in force 01.05.21 with the exception of Part IV which shall come
into force on a day to be appointed by a further Ordinance)
3. REGULATIONS LAID BEFORE THE CHIEF PLEAS OF
SARK
(a) Emergency Powers (Coronavirus) (General
Provision) (Bailiwick of Guernsey) (No 10) (Amendment) Regulations 2020
(Laid
before the Chief Pleas of Sark on 20.01.21)
(b) Emergency Powers (Coronavirus) (General
Provision) (Bailiwick of Guernsey) (No 10) (Amendment) (No 2) Regulations 2021
(Laid
before the Chief Pleas of Sark on 20.01.21)
(c) Office of the Sark Electricity Price Control
Commissioner Variation to the December 2019 Price Control Order 1 January 2021
(Laid
before the Chief Pleas of Sark on 20.01.21)
(d) European Communities (Coronavirus Vaccine) (Immunity
from Civil Liability) (Sark) Ordinance 2020
(Laid
before the Chief Pleas of Sark on 20.01.21)
(e) Emergency Powers (Coronavirus) (General
Provision) (Bailiwick of Guernsey) Regulations 2021
(Laid
before the Chief Pleas of Sark on 20.01.21)
(f) Emergency Powers (Coronavirus) (Vaccine)
(Limitation of Liability) (Bailiwick of Guernsey) Regulations 2021
(Laid
before the Chief Pleas of Sark on 20.01.21)
(g) Employment
Permits (Brexit) (Sark) Regulations 2021
(Laid
before the Chief Pleas of Sark on 20.01.21)
(h) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of
Guernsey) (Amendment) Regulations 2021
(Laid
before the Chief Pleas of Sark on 14.04.21)
(i) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of
Guernsey) (Amendment) (No 2) Regulations 2021
(Laid
before the Chief Pleas of Sark on 14.04.21)
(j) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of
Guernsey) (Amendment) (No 3) Regulations 2021
(Laid
before the Chief Pleas of Sark on 14.04.21)
(k) Land Reform (Fees)
(Sark) Regulations 2021
(Laid
before the Chief Pleas of Sark on 14.04.21)
(l) Emergency Powers (Coronavirus) (General
Provision) (Bailiwick of Guernsey) (No 2) Regulations 2021
(Laid
before the Chief Pleas of Sark on 14.04.21)
(m) Emergency Powers (Coronavirus) (Vaccine) (Limitation of Liability) (No
2) (Bailiwick of Guernsey) Regulations 2021
(Laid
before the Chief Pleas of Sark on 14.04.21)
(n) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of
Guernsey) (No 3) Regulations 2021
(Laid
before the Chief Pleas of Sark on 14.04.21)
(o) Emergency Powers (Coronavirus) (Vaccine) (Limitation of Liability) (No 3)
(Bailiwick of Guernsey) Regulations 2021
(Laid
before the Chief Pleas of Sark on 14.04.21)
(p) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of
Guernsey) (No 3) (Amendment) Regulations 2021
(Laid
before the Chief Pleas of Sark on 14.04.21)
(q) Emergency Powers (Coronavirus) (General Provision) (Bailiwick of
Guernsey) (No 3) (Amendment) (No 2) Regulations 2021
(Laid
before the Chief Pleas of Sark on 14.04.21)
(r) Emergency Powers (Coronavirus) (General
Provision) (Bailiwick of Guernsey) (No 2) (Amendment) Regulations 2021
(Laid
before the Chief Pleas of Sark on 14.04.21)