Legislation

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)


Page Last Updated: 17 Nov 2022