Jersey &
Guernsey Law Review – February 2011
SUMMARY OF JERSEY LEGISLATION
1 September
– 31 December 2010
1. LAWS
ADOPTED BY THE STATES
(a) Census (Amendment No 3) (Jersey) Law 201-
(P.81/2010—adopted in 3rd reading, 17.09.10)
This Law amends penalties for
offences in the Census (Jersey) Law 1951.
(b) Drug Trafficking Offences (Amendment No 3)
(Jersey) Law 201-
(P.106/2010—adopted in 3rd reading, 29.09.10)
This Law enables an officer of
at least the rank of Assistant Director in the Customs and Immigration Service
to apply by order for customer financial information, or account monitoring
orders, during the course of a Customs investigation.
(c) Health Insurance Fund (Miscellaneous
Provisions) (Jersey) Law 201-
(P.125/2010—adopted in 3rd reading, 18.11.10)
This Law enables the transfer of
money out of the health insurance fund for the purposes of funding primary care
services and setting up primary care governance systems.
(d) Intellectual Property (Unregistered Rights)
(Jersey) Law 201-
(P.141/2010—adopted in 3rd reading, 01.12.10)
This Law updates the law of
copyright, and introduces performers’ protection and other rights similar
to copyright.
(e) Finance (2011 Budget) (Jersey) Law 201-
(P.158/2010—adopted in 3rd reading, 10.12.10)
This Law sets the standard rate
of income tax for 2011, increases the income tax exemption threshold and
increases goods and services tax, excise duties, stamp duties and land
transactions tax.
(f) Income Tax (Amendment No 37) (Jersey) Law
201-
(P.159/2010—adopted in 3rd reading, 10.12.10)
This Law makes miscellaneous
amendments to the Income Tax (Jersey) Law 1961, regarding assessments, returns
and ITIS, taxation of certain profits under Schedule D, collection of tax from
non-resident landlords, pensions and annuities and deemed dividends and full
attribution.
(g) Goods and Services Tax (Amendment No 3)
(Jersey) Law 201-
(P.160/2010—adopted in 3rd reading, 10.12.10)
This Law clarifies some
provisions of the Goods and Services Tax (Jersey)
Law 2007, reduces certain surcharges and increases a value limit on
certain supplies.
(h) Income Tax (Amendment No 36) (Jersey) Law
201-
(P.121/2010—adopted in 3rd reading, 10.12.10)
This Law introduces a regime to
exempt funds, their subsidiary investment holding companies and securitisation
vehicles from income tax.
(i) Magistrate’s Court (Miscellaneous
Provisions) (Amendment No 10) (Jersey) Law 201-
(P.155/2010—adopted in 3rd reading, 10.12.10)
This Law revises the rules for
service of a summons by post.
(j) Social Security (Amendment No 19) (Jersey)
Law 201-
(P.163/2010—adopted in 3rd reading, 10.12.10)
This Law widens the powers to
amend the Social Security (Jersey) Law 1974 by
Regulations made by the States.
2. LAWS, ORDERS IN COUNCIL, ETC.
REGISTERED IN THE ROYAL COURT
(a) Income Tax (Amendment No 34) (Jersey) Law
2010
(L.19/2010—registered 29.10.10. Part 6 and Schedule 5 in force 05.11.10; remainder
in force 01.01.10)
(b) Mental Health (Amendment No 3) (Jersey) Law
2010
(L.20/2010—registered 29.10.10. In force 26.11.10)
(c) Shops (Regulation of Opening and Deliveries)
(Jersey) Law 2010
(L.21/2010—registered 29.10.10. Not in force)
(d) Wills and Successions (Amendment) (Jersey) Law 2010
(L.22/2010—registered 29.10.10. In force 29.01.10)
(e) Terrorist Asset-Freezing (Temporary Provisions)
Act 2010
(L.23/2010—registered 26.11.10. In force 26.11.10)
3. APPOINTED
DAY ACTS
(a) Employment (Amendment No 5) (Jersey) Law
2010 (Appointed Day) Act 2010
(R&O.107/2010—in force 04.11.10)
The following provisions of the
Law brought into force on 01.01.11: arts 1, 3, 4, and 7; art 2, insofar as it
inserts the definition “effective date of termination”; art 5,
except insofar as it inserts arts 60F,
60G, 60H, 60I, 60J, 60N, 60O, 60P, 60Q, 60R and 60S.
4. REGULATIONS
MADE BY THE STATES
(a) Census (Jersey) Regulations 2010
(R&O.97/2010—in force 06.10.10)
These Regulations specify the
procedures to be followed for the taking of a census on 27 March 2011.
(b) Sea Fisheries (Trawling, Netting and
Dredging) (Amendment No 3) (Jersey) Regulations 2010
(R&O.98/2010—in force 06.10.10)
These Regulations amend the Sea
Fisheries (Trawling, Netting and Dredging) (Jersey)
Regulations 2001 to bring them into line with the EU standards for
measuring the mesh size and twine thickness of fishing nets.
(c) Community Provisions (Bovine Embryos)
(Jersey) Regulations 2010
(R&O.106/2010—in force 09.11.10)
These Regulations facilitate and
regulate trade in bovine embryos.
(d) Policing of Parks (Amendment No 2) (Jersey)
Regulations 2010
(R&O.112/2010—in force 23.11.10)
These Regulations designate St Martin’s Village Green as a park.
(e) Harbours (Protection of Cables in
Territorial Waters) (Jersey) Regulations 2010
(R&O.117/2010—in force 14.12.10)
These Regulations renew the
prohibitions on anchoring, dredging or trawling in a cable protection zone.
(f) Housing (General Provisions) (Amendment No
27) (Jersey) Regulations 2010
(R&O.118/2010—in force 08.12.10)
These Regulations reduce from 11 to 10 years the continuous period
for which a person who was not born in Jersey
must have been ordinarily resident in Jersey
in order to acquire property.
(g) Rates (Amendment of Law) (Jersey)
Regulations 2010
(R&O.119/2010—in force 08.12.10)
These Regulations amend the
definition “owner” in the Rates (Jersey)
Law 2005 to make it clear who is to be treated as the owner in respect of share
transfer property for the purposes of the principal Law.
5. OTHER
SUBORDINATE LEGISLATION OF NOTE
None.