SUMMARY OF LEGISLATION
BAILIWICK OF JERSEY
1 May–31 August 2022
1. LAWS ADOPTED BY THE STATES
None during the period under review.
2. LAWS, ORDERS IN COUNCIL, ETC REGISTERED IN THE ROYAL COURT
(a) Sanctions and Asset-Freezing (Amendment No 2) (Jersey) Law 2022
(L.13/2022—registered
13.5.2022. Not in force)
(b) Children
and Young People (Jersey) Law 2022
(L.14/2022—registered
20.5.2022. Not in force)
(c) Commercial
Vehicles (Licensing of Operators) (Jersey) Law 2022
(L.15/2022—registered
20.5.2022. Not in force)
(d) Covid-19 (Enabling Provisions) (Amendment No
4) (Jersey) Law 2022
(L.16/2022—registered
20.5.2022. In force 21.5.2022)
(e) Employment (Amendment No 12) (Jersey) Law 2022
(L.17/2022—registered
20.5.2022. In force 27.5.2022)
(f) Taxation
(Enveloped Property Transactions) (Jersey) Law 2022
(L.18/2022—registered
20.5.2022. In force 4.4.2022)
(g) Banking
Business (Amendment No 9) (Jersey) Law 2022
(L.19/2022—registered
17.6.2022. Not in force)
(h) Children
(Convention Rights) (Jersey) Law 2022
(L.20/2022—registered
17.6.2022. Not in force)
(i) Control of Housing and Work (Amendment) (Jersey) Law 2022
(L.21/2022—registered
17.6.2022. Not in force)
(j) Ecclesiastical
Legislation (Consequential Amendments) (Jersey) Law 2022
(L.22/2022—registered
17.6.2022. Not in force)
(k) Limited
Liability Companies (Amendment No 2) (Jersey) Law 2022
(L.23/2022—registered
17.6.2022. Not in force)
(l) Police (Complaints and Conduct) (Jersey) Law
2022
(L.24/2022—registered
17.6.2022. Not in force)
(m) Proceeds
of Crime (Amendment No 6) (Jersey) Law 2022
(L.25/2022—registered
17.6.2022. Not in force)
(n) Proceeds
of Crime (Amendment No 7) (Jersey) Law 2022
(L.26/2022—registered
17.6.2022. In force 24.6.2022)
(o) Domestic
Abuse (Jersey) Law 2022
(L.27/2022—registered
5.8.2022. Not in force)
(p) Limited
Partnerships (Amendment No 2) (Jersey) Law 2022
(L.28/2022—registered
5.8.2022. In force 12.8.2022)
(q) Non-Profit Organisations (Miscellaneous
Amendments) (Jersey) Law 2022
(L.29/2022—registered
5.8.2022. Not in force)
(r) Official Analyst (Jersey) Law 2022
(L.30/2022—registered
5.8.2022. In force 12.8.2022)
(s) Planning and Building (Amendment No 8)
(Jersey) Law 2022
(L.31/2022—registered
5.8.2022. In force 12.8.2022)
(t) States of
Jersey (Amendment—Remuneration of Elected Members) (Jersey) Law 2022
(L.32/2022—registered
5.8.2022. In force 12.8.2022)
3. LAWS BROUGHT INTO FORCE
(a) Sanctions and Asset-Freezing (Commencement
of Amendment No. 2 Law) (Jersey) Order 2022
(R&O.71/2022—in
force 6.6.2022)
The Sanctions
and Asset-Freezing (Amendment No 2) (Jersey) Law 2022 brought into force on 8
June 2022.
4. REGULATIONS MADE BY THE STATES
None during the period under review.
5. OTHER SUBORDINATE LEGISLATION OF NOTE
None during the period under review.
6. RULES OF COURT
(a) Court of Appeal (Criminal) (Confiscation
Order Appeals) (Amendment) Rules 2022
(R&O.75/2022—in
force 27.6.2022)
These Rules
amend the Court of Appeal (Criminal) (Confiscation Order Appeals) Rules 2009 to
make them applicable to an instrumentalities forfeiture order in the same way
that they apply to a confiscation order.
BAILIWICK OF GUERNSEY
1 May–31 August 2022
A. GUERNSEY
1. LAWS
APPROVED BY THE STATES OF DELIBERATION
(a) Matrimonial Causes (Bailiwick of Guernsey)
Law 2022
(Billet d’État No XII of 2022. Approved 14.07.22)
This Law
repeals and replaces the current legislation relating to matrimonial causes, i.e. divorce; judicial separation;
nullity of marriage; presumption of death and dissolution of marriage thereon;
and ancillary matters. The main reforms include—
•
replacing
the present requirement in divorce and judicial separation to provide evidence
of conduct (adultery, unreasonable behaviour or desertion) or separation facts
with a simple requirement to provide a statement of irretrievable breakdown of
marriage;
•
removing
the possibility of contesting the decision to divorce or judicially separate
(these proceedings can still be challenged on grounds of jurisdiction, validity
of the marriage, procedural irregularities etc);
•
enabling
the parties to make a joint application if they wish to do so;
•
clarifying
the grounds for nullity of marriage and removing certain outdated grounds for a
decree of nullity;
•
modernise the terminology and the
provisions generally.
Part I
restates the jurisdiction of the Matrimonial Causes Division of the Royal
Court. The constitution of the Court (previously the Bailiff sitting with four Jurats) has been modified (Bailiff sitting with at least
two Jurats) in line with the constitution of the
Ordinary Court. The existing provisions relating to staying of matrimonial
proceedings where proceedings are continuing elsewhere are restated with minor
modifications in s 3 and Schedule 1.
Part
II relates to divorce, nullity and judicial separation. It provides for divorce
on the application of one or both parties on the basis of a statement of
irretrievable breakdown. A cooling-off period of at least sixty days must
elapse between the filing of the application and the grant of a provisional
order, then a further one month before the divorce can become final. This Part
clarifies the grounds on which a marriage is voidable (i.e. valid but can be avoided on the application of one of the
parties). The marriage may also be void on certain grounds such as bigamy, one
of the parties being under the age of 16 or the parties being within the
prohibited degrees of relationship. The procedure for obtaining a nullity order
if the marriage is void or voidable is set out in s 9. This Part also enables
an application for a judicial separation order to be made by one or both
parties, with a similar cooling-off period to that of divorce and a requirement
to have regard to the arrangements for the children. Section 13 continues the
present jurisdiction of the Court to grant a judicial separation by consent
where both parties have reached agreement on the terms of such separation. The
customary jurisdiction of the Ordinary Court, Court of Alderney and Court of
the Seneschal of Sark is preserved.
Part
III deals with applications for presumption of death and dissolution of
marriage thereon.
Part
IV makes provision for financial provision and vesting or division of property
on divorce, nullity or judicial separation. It includes the power to make
interim financial provision and provision for interim occupation of property
and enables the court to order payments of maintenance, lump sum payments,
division of real property and variation of existing contracts, trusts,
settlements etc
in favour of the other party or any children. Special provision is made for
Sark real property to reflect the particular requirements of transferring and
charging Sark property. Section 28 enshrines in the Law the factors to which
the Court must have regard when exercising its powers—these, based on the
equivalent English provision, have previously been taken into account in
practice by the court but not on a statutory basis.
Part V
makes provision relating to domicile which restate, with minor modifications,
the provision contained in the current legislation.
Part
VI makes provision enabling enforcement of court orders, including penal
notices and the power of the court to punish a person who fails to comply with
an order of the court and/or to make compensation orders.
(b) Lending,
Credit and Finance (Bailiwick of Guernsey) Law 2022
(Billet d’État No XII of 2022. Approved 14.07.22)
This Law
establishes a legislative and supervisory framework for the licensing and
supervision, by the Guernsey Financial Services Commission (“the
Commission”), of activities undertaken in respect of the provision of
credit and other specified financial services businesses. Many of the
regulatory and enforcement provisions in this Law align with provisions across
the financial supervisory and regulatory laws (i.e., Banking Supervision, Regulation of Fiduciaries, Protection of
Investors, Insurance Business, and Insurance Managers and Intermediaries).
Part II makes provision
for the licensing and supervision of the provision of credit and services
ancillary to the provision of credit.
Part III makes
provision for the licensing and supervision of financial firm businesses,
including businesses which were previously subject to registration under the
Registration of Non-Regulated Financial Services Businesses (Bailiwick of
Guernsey) Law 2008 (“the NRFSB Law”) and virtual asset service
providers.
Part IV makes provision
for the licensing and supervision of the provision of specified descriptions of
financial services, notably the operation of financial platforms, or intermediation
or brokerage services.
Part V sets out the
general regulatory functions of the Commission, including the levying of fees,
the issue of directions, the disapplication of licence requirements, the
publication of information and the oversight of supervisory roles.
Part VI concerns the
Commission’s decision-making process, appeals, powers to obtain documents
and information, powers to appoint skilled persons, accounting and audit
requirements, and the making of rules, codes and guidance.
Parts VII and VIII set out requirements in respect of confidentiality,
disclosure of information, offences and penalties.
Part IX concerns
general miscellaneous and procedural matters, including the execution, service
and submission of documents, the making of Ordinances and subordinate
legislation, interpretation, amendments and repeals.
Schedule 1 specifies
the types of businesses constituting financial firm businesses.
2. ORDINANCES APPROVED BY THE STATES OF DELIBERATION
(a) Long-term Care Insurance (Guernsey) (Rates)
(Amendment) Ordinance 2022
(Billet d’État No IX of 2022. Approved 25.05.22)
This Ordinance
amends the Long-term Care Insurance (Guernsey) (Rates) Ordinance 2021. It
increases the maximum weekly rates of respite care benefit and the contribution
(co-payment) to be paid by those receiving care benefit with effect from 4 July
2022.
(b) Damages (Assumed Rate of Return and Related
Matters) (Enabling Provisions) (Guernsey and Alderney) Law 2020 (Commencement)
Ordinance 2022
(Billet
d’État No IX of 2022. Approved
25.05.22)
This Ordinance
commences, with the exception of s 4, the Damages (Assumed Rate of Return
and Related Matters) (Enabling Provisions) (Guernsey and Alderney) Law 2020 on
30 May 2022.
(c) Human Tissue and Transplantation (Bailiwick
of Guernsey) Law 2020 (Commencement) Ordinance 2022
(Billet d’État No XI of 2022. Approved 01.07.22)
This Ordinance
commences the Human Tissue and Transplantation (Bailiwick of Guernsey) Law 2020
on 1 January 2023.
(d) Beneficial Ownership (Miscellaneous Amendments)
(Guernsey) Law 2022 (Commencement) Ordinance 2022
(Billet d’État No XII of 2022. Approved 14.07.22)
This Ordinance commences the Beneficial Ownership
(Miscellaneous Amendments) (Guernsey) Law 2022 on 14 July
2022.
3. ORDINANCES,
SUBORDINATE LEGISLATION ETC LAID
BEFORE THE STATES OF DELIBERATION
(a) Financial
Services Commission (Bailiwick of Guernsey) Law 1987 (Amendment) Ordinance 2021
(Commencement) Regulations 2021
(Billet d’État No IX of 2022. Made by the Policy & Resources
Committee—in force 22.03.21 and laid on 25.05.22)
(b) Plant Health (Preserved Phytosanitary
Conditions Regulation) (Amendment) (Guernsey) Regulations 2022
(Billet d’État
No IX of 2022. Made by the Committee for the Environment &
Infrastructure—Parts I and III in force 07.03.22 and Part II in force
08.08.22. Laid on 25.05.22)
(c) Liquor Licensing (Fees) Regulations 2022
(Billet d’État
No IX of 2022. Made by the Committee for Home Affairs—in force
01.06.22 and laid on 25.05.22)
(d) Road Traffic (Disabled Persons) (Amendment)
Regulations 2022
(Billet d’État
No IX of 2022. Made by the Committee for the Environment &
Infrastructure—in force 25.03.22 and laid on 25.05.22)
(e) Immigration
(Bailiwick of Guernsey) (Amendment No 2) Rules 2022
(Billet d’État
No XI of 2022. Made by the Committee for Home Affairs—in force 11.04.22
and laid on 01.07.22)
(f) Charities etc
(Amendment, Exemptions, Governance and Specified Amount) (Guernsey and
Alderney) Regulations 2022
(Billet d’État
No XI of 2022. Made by the Policy and Resources Committee—in force
29.04.22 and laid on 01.07.22)
(g) Charities etc (Commencement and Transitional Provisions) (Guernsey
and Alderney) Regulations 2022
(Billet d’État
No XI of 2022. Made by the Policy and Resources Committee—in force 29.04.22
and laid on 01.07.22)
(h) Public Service Vehicles (Minimum Age)
Ordinance 2022
(Billet d’État
No XII of 2022. Made by the Policy and Resources Committee—in force
31.05.22 and laid on 13.07.22)
(i) Waste Management Services (Charging) Regulations 2022
(Billet d’État
No XII of 2022. Made by the Waste Disposal Authority—in force 01.07.22
and laid on 13.07.22)
(j) Customs and Excise (Safety and Security)
(Bailiwick of Guernsey) (Amendment) Regulations 2022
(Billet d’État
No XII of 2022. Made by the Committee for Home Affairs—in force 16.05.22
and laid on 13.07.22)
(k) Immigration
(Bailiwick of Guernsey) (Amendment No 3) Rules 2022
(Billet d’État
No XII of 2022. Made by the Committee for Home Affairs—in force 24.05.22
and laid on 13.07.22)
(l) Waste Disposal and Recovery Charges
Regulations 2021 (Amendment) Regulations 2022
(Billet d’État No XII of 2022. Made by the
Waste Disposal Authority—in force 01.07.22 and laid on 13.07.22)
(m) Financial Services
Commission (Fees) (Amendment) Regulations 2022
(Billet d’État
No XII of 2022. Made by the Policy & Resources Committee—in force
01.01.22 and laid on 13.07.22)
4. LAWS, ORDERS IN COUNCIL, ETC REGISTERED IN THE ROYAL COURT OF GUERNSEY
(a) Beneficial Ownership (Miscellaneous
Amendments) (Guernsey) Law 2022
(Billet d’État
16.02.22—registered 16.05.22. In force on a date to be appointed by
Ordinance)
(b) Limited
Partnerships (Alderney) Law 2021
(Billet d’État
17.11.21—registered 16.05.22. In force on a date to be appointed by
Ordinance)
(c) Partnership
(Alderney) Law 2021
(Billet d’État
17.11.21—registered 16.05.22. In force on a date to be appointed by
Ordinance)
(d) Reform
(Sark) (Amendment) Law 2021
(Billet d’État
17.11.21—registered 16.05.22. In force on the day of its registration on
the records of Sark)
(e) Housing (Standards and Regulation) (Enabling
Provisions) (Guernsey) Law 2021
(Billet d’État
13.10.21—registered 04.07.22. In force on a date to be appointed by
Ordinance)
(f) International Criminal Court (Bailiwick of
Guernsey) Law 2019
(Billet d’État
26.09.19—registered 25.07.22. In force on a date to be appointed by
Ordinance)
(g) Public Functions (Transfer and Performance)
(Bailiwick of Guernsey) (Amendment) Law 2021
(Billet d’État
16.06.21—registered 25.07.22. In force 25.07.22)
(h) Economic and Financial Crime Bureau and
Financial Intelligence Unit (Bailiwick of Guernsey) Law 2022
(Billet d’État
26.01.22—registered 25.07.22. In force on a date to be appointed by
Ordinance)
(i) Customs and Excise (General Provisions) (Bailiwick of Guernsey)
(Amendment) Law 2022
(Billet d’État
16.02.22—registered 25.07.22. In force 25.07.22)
(j) Beneficial
Ownership and Companies (Amendment) (Alderney) Law 2021
(Billet d’État
16.03.22—registered 25.07.22. In force on a date to be appointed by
Ordinance)
5. SARK ORDINANCES CONSIDERED BY THE ROYAL COURT UNDER s 39(1) OF
THE REFORM (SARK) LAW 2008
None during the period under review.
6. RULES OF COURT
None during the period under review.