Summary of Legislation

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Jersey & Guernsey Law Review – February 2012

SUMMARY OF LEGISLATION

BAILIWICK OF JERSEY

1 September—31 December 2011

1. LAWS ADOPTED BY THE STATES

(a) Sea Fisheries (Amendment No 2) (Jersey) Law 201-

(P.119/2011—adopted in 3rd reading 15.9.11)

This Law clarifies powers to close fisheries and powers of inspectors.

(b) The Law Society of Jersey (Amendment No 3) Law 201-

(P.122/2011—adopted in 3rd reading 15.9.11)

This Law makes a member of a disciplinary panel eligible for re-appointment.

(P.128/2011—adopted in 3rd reading 1.11.11)

This Law allows directions to be given to financial institutions requiring them to adopt certain measures to reduce the risk of money laundering or of the use of funds for weapons development or terrorism.

(d) Motor Traffic (Third-Party Insurance) (Amendment No 12) (Jersey) Law 201-

(P.134/2011—adopted in 3rd reading, 2.11.11)

This Law enables cost-recovery charges for hospital and ambulance services to be varied by Regulation or Order.

(e) Health Insurance (Amendment no 14) (Jersey) Law 201-

(P.136/2011—adopted in 3rd reading, 2.11.11)

This Law provides for contracts for medical services and for the establishment of performers’ lists for general medical practitioners.

(f) Pharmacists and Pharmacy Technicians (Registration) (Amendment) (Jersey) Law 201-

(P.140/2011—adopted in 3rd reading, 2.11.11)

This Law makes registration as a pharmacy technician compulsory and expands the array of offences in relation to practice as a pharmacist.

(g) Poisons (Jersey) Law 201-

(P.141/2011—adopted in 3rd reading, 2.11.11)

This Law replaces the Poisons (Jersey) Law 1952.

(h) Shipping (Amendment No 3) (Jersey) Law 201-

(P.143/2011—adopted in 3rd reading, 2.11.11)

This Law extends the power to remove flags, enables the Minister to direct the registrar to refuse or to revoke the Jersey registration of a ship and clarifies a power to adopt foreign enactments as in force from time to time.

(i) Decimal Currency (Amendment No 7) (Jersey) Law 201-

(P.152/2011—adopted in 3rd reading, 3.11.11)

This Law provides for the adoption of steel coins up to 10p in value and enables additional coins to be prescribed by Order as legal tender in Jersey.

(j) Veterinary Surgeons (Amendment) (Jersey) Law 201-

(P.154/2011—adopted in 3rd reading, 3.11.11)

This Law enables the conditions that must be satisfied for Jersey registration to be prescribed by Order and provides for suspension following a suspension of a person’s authority on which Jersey registration depends.

(k) Trusts (Amendment No 5) (Jersey) Law 201-

(P.157/2011—adopted in 3rd reading, 3.11.11)

This Law makes amendments relating to the application of Jersey law and foreign law to Jersey trusts and other matters.

(l) Finance (2012 Budget) (Jersey) Law 201-

(P.160/2011—adopted in 3rd reading, 8.11.11)

This Law sets the standard rate of income tax at 20%, increases income tax exemption thresholds, increases certain duties and makes certain changes to taxes and stamp duties on land transactions.

(m) Income Tax (Amendment No 40) (Jersey) Law 201-

(P.161/2011—adopted in 3rd reading, 8.11.11)

This Law makes changes relating to international business companies, to child care relief, to payments on termination of employment and to pensions, and further transitional provision relating to the repeal of the provisions imposing tax on deemed dividends and those imposing tax by full attribution of the profits of a company.

(n) Endangered Species (CITES) (Jersey) Law 201-

(P.171/2011—adopted in 3rd reading, 6.12.11)

This Law provides for the administration and enforcement of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

(o) Telecommunications (Amendment No 2) (Jersey) Law 201-

(P.179/2011—adopted in 3rd reading, 7.12.11)

This Law allows the imposition of administrative penalties on licensees in breach of conditions and makes changes to the manner in which conditions are imposed and consultations carried out.

2. LAWS, ORDERS IN COUNCIL, ETC REGISTERED IN THE ROYAL COURT

(a) Architects (Registration) (Amendment No 2) (Jersey) Law 2011

(L.14/2011—registered 21.10.11. In force 21.11.11)

(b) Christmas Bonus (Jersey) Law 2011

(L.15/2011—registered 21.10.11. In force 22.10.11)

(L.16/2011—registered 21.10.11. In force 1.1.11 (except Articles 3, 7 and 8 in force 1.6.11))

(d) Freedom of Information (Jersey) Law 2011

(L.17/2011—registered 21.10.11. Not yet in force)

(e) Goods and Services Tax (Amendment No 3) (Jersey) Law 2011

(L.18/2011—registered 21.10.11. In force 1.1.11)

(f) Health Insurance Fund (Miscellaneous Provisions) (Jersey) Law 2011

(L.19/2011—registered 21.10.11. In force 21.10.11)

(g) Income Tax (Amendment No 36) (Jersey) Law 2011

(L. 20/2011—registered 21.10.11. In force 21.10.11)

(h) Income Tax (Amendment No 37) (Jersey) Law 2011

(L. 21/2011—registered 21.10.11. In force 1.1 11)

(i) Loi (No. 7) (2011) concernant la charge de Juge d’Instruction

(L. 22/2011—registered 21.10.11. In force 28.10.11)

(j) Medical Practitioners (Registration) (Amendment No 4) (Jersey) Law 2011

(L. 23/2011—registered 21.10.11. Not yet in force)

(k) Medicines (Amendment No 3) (Jersey) Law 2011

(L. 24/2011—registered 21.10.11. In force 28.10.11)

(l) Banking Business (Amendment No 7) (Jersey) Law 2011

(L. 25/2011—registered 9.12.11. Not yet in force)

(m) Fire and Rescue Service (Jersey) Law 2011

(L. 26/2011—registered 9.12.11. Not yet in force)

(n) Income Tax (Amendment No 38) (Jersey) Law 2011

(L. 27/2011—registered 9.12.11. In force 1.1.12 (except Part 4 in force 1.1.13))

(o) Income Tax (Amendment No 39) (Jersey) Law 2011

(L. 28/2011—registered 9.12.11. In force 9.12.11)

(p) Intellectual Property (Unregistered Rights) (Jersey) Law 2011

(L. 29/2011—registered 9.12.11. Not yet in force)

(q) Public Finances (Amendment No. 3) (Jersey) Law 2011

(L. 30/2011—registered 9.12.11. In force 1.1.12)

(r) Residential Tenancy (Jersey) Law 2011

(L. 31/2011—registered 9.12.11. Not yet in force)

3. APPOINTED DAY ACTS

None.

4. REGULATIONS MADE BY THE STATES

(a) Currency Notes (Variation of Maximum Denomination No 2) (Jersey) Regulations 2011

(R&O. 141/2011—in force 2.11.11)

These Regulations increase the maximum denomination note from £50 to £100.

(b) Policing of Parks (Amendment No 3) (Jersey) Regulations 2011

(R&O. 142/2011—in force 1.11.11)

These Regulations add the Millennium Town Park to the list of parks subject to policing.

(R&O. 143/2011—in force 8.11.11)

These Regulations formalize the role of guidelines as to the appointment of members and enables an Acting Chairman to be appointed.

(d) Goods and Services Tax (Miscellaneous Amendments No 2) (Jersey) Regulations 2011

(R&O. 147/2011—in force 1.1.12)

These Regulations add States nursery schools to the list of exempt supplies, change the descriptions of zero-rated supplies relating to aircraft and pleasure boats and increase the fee for the listing of banking businesses as international services entities.

(e) Pet Travel Scheme (Jersey) Regulations 201-

(R&O. 165/2011—in force 1.1.12)

These Regulations provide for the administration and enforcement of the Community Regulation on the animal health requirements applicable to the non-commercial movement of pet animals.

5. OTHER SUBORDINATE LEGISLATION OF NOTE

None.

BAILIWICK OF GUERNSEY

1 September—31 December 2011

A. GUERNSEY

1. LAWS APPROVED BY THE STATES OF DELIBERATION

(a) Customs and Excise (General Provisions) (Bailiwick of Guernsey) (Amendment) Law, 2011

(Billet d’État No. XV of 2011. Approved 28.09.11)

This Law amends the Customs and Excise (General Provisions) (Bailiwick of Guernsey) (Amendment) Law, 1972. It increases the fine which may be imposed on summary conviction of an offence of importation or exportation of a Class A or Class B controlled drug, from twice level 5 to three times level 5 on the uniform scale and increases the maximum term of imprisonment which may be imposed on conviction on indictment of an offence involving importation or exportation of a Class C controlled drug, from 10 years to 14 years.

(b) Criminal Justice (Minimum Terms for Sentences of Life Imprisonment) (Bailiwick of Guernsey) Law, 2011

(Billet d’État No. XV of 2011. Approved 28.09.11)

This Law creates rules and guidance for courts in the Bailiwick relating to the minimum terms for mandatory and discretionary sentences of life imprisonment and related matters.

(Billet d’État No. XVII of 2011. Approved 26.10.11)

The Law amends the Reform (Guernsey) Law, 1948 by amending the provisions dealing with inscription and removal of persons on and from the Electoral Roll, the form of the Roll (including provision for electronic form) and the rectification of the Roll in the event of (for example) clerical error or omission.

2. ORDINANCES APPROVED BY THE STATES OF DELIBERATION

(a) Income Tax (Guernsey) (Approval of Agreements with Indonesia and Mexico) Ordinance, 2011

(Billet d’État No. XV of 2011. Approved 28.09.11—in force 28.09.11)

This Ordinance specifies the agreements providing for the obtaining and exchanging of information in relation to tax, made between the States of Guernsey and the Governments of—

(a) Indonesia, signed on 27 April 2011, and

(b) Mexico, signed on 27 June 2011, and

for the purposes of the Income Tax (Guernsey) Law, 1975.

(b) Misuse of Drugs (Bailiwick of Guernsey) Law, 1974 (Amendment) Ordinance, 2011

(Billet d’État No. XV of 2011. Approved 28.09.11—in force 01.10.11)

This Ordinance amends the Misuse of Drugs (Bailiwick of Guernsey) Law, 1974. It reduces the maximum term of imprisonment which can be imposed on conviction on indictment of an offence involving supply, possession for supply, etc, of a Class B controlled drug, from life to 21 years.

(Billet d’État No. XV of 2011. Approved 28.09.11—in force 28.09.11)

This Ordinance makes provision enabling an owner of land to enter into a planning covenant with the States of Guernsey Environment Department under the Land Planning and Development (Guernsey) Law, 2005 not only for the purposes of that Law but also the purposes of ensuring the provision of affordable or social housing.

(d) Dog Tax (Amendment) (Guernsey) Ordinance, 2011

(Billet d’État No. XV of 2011. Approved 28.09.11—in force 01.01.12)

This Ordinance amends the Dog Tax (Guernsey) Ordinance, 1990 in order to increase the rate of dog tax from £5 to £10.

(e) Parochial Taxation (Reserve Funds) (Amendment) Ordinance, 2011

(Billet d’État No. XV of 2011. Approved 28.09.11—in force 28.09.11)

This Ordinance amends the Parochial Taxation (Reserve Funds) (Guernsey) Law, 1997 in order to increase the current maximum sum which may be held by the Parish Constables in their reserve funds from £100,000 to £250,000.

(f) Elections Ordinance, 2011

(Billet d’État No. XVII of 2011. Approved 26.10.11—in force 01.01.12)

This Ordinance provides for the General Election of People’s Deputies to be held on 18 April 2012 and for the maximum electoral expenditure of each candidate to be £2,100.

(g) Electoral Roll Ordinance, 2011

(Billet d’État No. XVII of 2011. Approved 26.10.11—in force 01.01.12)

This Ordinance makes provision relating to compilation of the new Electoral Roll for the purposes of the election to be held on 18 April 2012. The new Roll shall close on 1 March 2012.

(h) Reform (Guernsey) (Amendment) Ordinance, 2011

(Billet d’État No. XVII of 2011. Approved 26.10.11—in force 01.11.11)

This Ordinance amends the Reform (Guernsey) Law, 1948 in order to extend the application of the provisions of the Code of Conduct for Members of the States of Deliberation to former Members of the States of Deliberation.

(i) Housing (Control of Occupation) (Extension) Ordinance, 2011

(Billet d’État No. XVII of 2011. Approved 26.10.11)

This Ordinance provides for the Housing (Control of Occupation) (Guernsey) Law, 1994 to remain in force until 31 December, 2013.

(j) Data Protection (Bailiwick of Guernsey) (Amendment) Ordinance, 2011

(Billet d’État No. XVII of 2011. Approved 26.10.11—in force 26.10.11)

This Ordinance corrects a minor error in the Data Protection (Bailiwick of Guernsey) Law, 2001.

(k) Insurance Business (Bailiwick of Guernsey) (Amendment) Ordinance, 2011

(Billet d’État No. XIX of 2011. Approved 30.11.11—in force 30.11.11)

This Ordinance amends s 1 of the Insurance Business (Bailiwick of Guernsey) Law, 2002 so that certain “recognised insurers” shall not be regarded as carrying on, or holding themselves out as carrying on, insurance business for the purposes of the Law by reason only that—

(a) they contact or visit clients in the Bailiwick at the clients’ request, or

(b) they effect or carry out a contract of insurance, other than through a licensed insurance intermediary, in consequence of such a request.

The Ordinance also amends s 5 of the 2002 Law in order to exempt certain forms of insurance business from ss 1, 3 and 4 of the Law.

(l) Income Tax (Guernsey) (Approval of Agreements with Argentina, the Bahamas and Cayman Islands) Ordinance, 2011

(Billet d’État No. XIX of 2011. Approved 30.11.11—in force 30.11.11)

This Ordinance specifies the agreements providing for the obtaining and exchanging of information in relation to tax, made between the States of Guernsey and the Governments of the—

(a) Argentine Republic, signed on the 22 and 28 July 2011, by Guernsey and the Argentine Republic respectively,

(b) Commonwealth of the Bahamas, signed on the 29 July 2011 and 8 August 2011, by Guernsey and the Bahamas respectively, and

for the purposes of the Income Tax (Guernsey) Law, 1975.

(m) Attendance and Invalid Care Allowances Ordinance, 2011

(Billet d’État No. XIX of 2011. Approved 30.11.11—in force 02.01.12)

This Ordinance amends rates of allowances under the Attendance and Invalid Care Allowances (Guernsey) Law, 1984 with effect from 2 January, 2012.

(n) Health Service (Benefit) (Amendment) Ordinance, 2011

(Billet d’État No. XIX of 2011. Approved 30.11.11—in force 01.01.12)

This Ordinance amends prescription charges under the Health Service (Benefit) (Guernsey) Law, 1990 with effect on 1 January, 2012. As from that date charges will be £3.10.

(o) Social Insurance (Rates of Contributions and Benefits, etc) Ordinance, 2011

(Billet d’État No. XIX of 2011. Approved 30.11.11—s 7 in force 02.01.12 and all other sections in force on 01.01.12)

This Ordinance amends rates of contributions, upper and lower income limits and rates and amounts of benefits and prescribes the percentages for the Guernsey Health Service Fund Allocation and the Long-term Care Insurance Fund Allocation for 2012 under the Social Insurance (Guernsey) Law, 1978. With the exception of s 7 (which deals with rates and amounts of benefits and which comes into force on 2 January 2012), the Ordinance is effective on 1 January 2012.

(p) Supplementary Benefit (Implementation) (Amendment) Ordinance, 2011

(Billet d’État No. XIX of 2011. Approved 30.11.11—in force 06.01.12)

This Ordinance amends rates of supplementary benefit under the Supplementary Benefit (Guernsey) Law, 1971 with effect on 6 January 2012.

(q) Family Allowances Ordinance, 2011

(Billet d’État No. XIX of 2011. Approved 30.11.11—in force 02.01.12)

This Ordinance amends the rate of family allowance under the Family Allowances (Guernsey) Law, 1950 with effect on 2 January 2012. On that date the rate will be £15.40 a week.

(r) Long-term Care Insurance (Guernsey) (Rates) Ordinance, 2011

(Billet d’État No. XIX of 2011. Approved 30.11.11—in force 02.01.12)

This Ordinance amends rates of long-term benefit under the Long-term Care Insurance (Guernsey) Law, 2002 with effect on 2 January 2012.

(s) Housing (Control of Occupation) (Amendment of Housing Register) (No 2) Ordinance, 2011

(Billet d’État No. XXI of 2011. Approved 15.12.11—in force 15.12.11)

This Ordinance authorises the Housing Authority to inscribe in Part A of the Housing Register the dwellings known as “Ferriere”, “Parfonde”, “Anfree”, and “Moulinet”, Royal Terrace, Glategny Esplanade, Saint Peter Port.

3. ORDINANCES, SUBORDINATE LEGISLATION ETC LAID BEFORE THE STATES OF DELIBERATION

(a) Police Powers and Criminal Evidence (Bailiwick of Guernsey) (Amendment) Ordinance, 2011

(Billet d’État No. XV of 2011. Made by the Legislation Select Committee—in force 25.07.11 and laid on 28.09.11)

This Ordinance amends certain provisions of the Police Powers and Criminal Evidence (Bailiwick of Guernsey) Law, 2003 dealing with, and inserts additional provisions concerning, calculation of periods of detention under the Law.

(b) Health Service Benefit (Limited List) (Pharmaceutical Benefit) (Amendment no 3) Regulations, 2011

(Billet d’État No. XV of 2011. Made by the Social Security Department—in force on 01.06.11 and laid on the 28.09.11)

(Billet d’État No. XV of 2011. Made by the Home Department—in force on 15.06.11 and laid on the 28.09.11)

(d) Disclosure (Bailiwick of Guernsey) Regulations, 2011

(Billet d’État No. XV of 2011. Made by the Home Department—in force on 13.06.11 and laid on the 28.09.11)

(e) Afghanistan (Restrictive Measures) (Guernsey) Ordinance, 2011

(Billet d’État t No. XVII of 2011. Made by the Legislation Select Committee—in force 22.08.11 and laid on 26.10.11)

This Ordinance, made under the European Communities (Implementation) (Bailiwick of Guernsey) Law, 1994, makes Council Regulation (EU) No. 753/2011 of 1 August, 2011 (OJ L 199, 2.8.2011, p 1) concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan, subject to such exceptions, adaptations and modifications as may be specified in this Ordinance, applicable in Guernsey in all respects as if Guernsey were a member state of the European Union.

(f) Social Insurance (Benefits) (Amendment) Regulations, 2011

(Billet d’État No. XVII of 2011. Made by the Social Security Department—in force on 08.08.11 and laid on the 26.10.11)

(g) Electoral Roll (Availability) (Amendment) Rules, 2011

(Billet d’État No. XVII of 2011. Made by the Home Department—in force on 01.09.11 and laid on the 26.10.11)

(h) Syria (Restrictive Measures) (Guernsey) (Amendment) Ordinance, 2011

(Billet d’État No. XIX (Vol 2) of 2011. Made by the Legislation Select Committee—in force 26.09.11 and laid on 30.11.11)

(i) Milk (Retail Prices) (Guernsey) Order, 2011

(Billet d’État No. XIX (Vol. 2) of 2011. Made by the Commerce and Employment Department—in force on 02.10.11 and laid on the 30.11.11)

(j) Libya (Restrictive Measures) (Guernsey) (Amendment) (No 3) Ordinance, 2011

(Billet d’État No. XXI of 2011. Made by the Legislation Select Committee—in force 11.10.11 and laid on 15.12.11)

(k) Waste Disposal Charges (No 3) Regulations, 2011

(Billet d’État No. XXI of 2011. Made by the Public Services Department—in force on 01.01.12 and laid on the 15.12.11)

(l) Health Service Benefit (Limited List) (Pharmaceutical Benefit) (Amendment no 5) Regulations, 2011

(Billet d’État No. XXI of 2011. Made by the Public Services Department—in force on 05.10.11 and laid on the 15.12.11)

4. LAWS, ORDERS IN COUNCIL, ETC REGISTERED IN THE ROYAL COURT OF GUERNSEY

(a) Terrorist Asset-Freezing (Bailiwick of Guernsey) Law, 2011

(Billet d’État No. VI of 2011—registered 07.11.11. In force on day to be appointed by Ordinance)

(b) Reform (Sark) (Amendment) (No 2) Law, 2010

(Chief Pleas 10.11.10—registered 07.11.11. In force on day to be appointed by Ordinance)

(UKSI 2011 No. 2444—Registered 07.11.11)

(d) Inheritance (Guernsey) Law, 2011

(Billet d’État No. XI of 2011—registered 05.12.11. In force on day to be appointed by Ordinance)

(e) Renewable Energy (Guernsey) Law, 2010

(Billet d’État No. XXI of 2010—registered 05.12.11. In force on day to be appointed by Ordinance.)

(f) Renewable Energy (Sark) Law, 2010

(Chief Pleas 06.10.10—registered 05.12.11. In force on day to be appointed by Ordinance.)

(g) Alderney and Sark (Licensing of Vessels) (Amendment) (Sark) Law, 2010

(Chief Pleas 14.04.10—registered 05.12.11. In force on day to be appointed by Ordinance.)

5. SARK ORDINANCES CONSIDERED BY THE ROYAL COURT UNDER SECTION 39(1) OF THE REFORM (SARK) LAW, 2008

(a) Afghanistan (Restrictive Measures) (Sark) Ordinance, 2011

(Made by General Purposes and Advisory Committee in exercise of its powers under s 41 of the Reform (Sark) Law, 2008. In force on 03.10.11. To be laid before the Chief Pleas of Sark on 18.01.12— placed before the Private Court on 18.10.11)

(b) Belarus (Freezing of Funds) (Sark) (Amendment) (No 2) Ordinance, 2011

(Made by General Purposes and Advisory Committee in exercise of its powers under s 41 of the Reform (Sark) Law, 2008. In force on 21.11.11. To be laid before the Chief Pleas of Sark on 18.01.12—placed before the Private Court on 12.12.11)

(Made by the Chief Pleas of Sark on 05.10.11. In force on 31.10.11—placed before the Private Court on 12.12.11)

(d) Direct Taxes for 2012 (Sark) Ordinance, 2011

(Made by the Chief Pleas of Sark on 05.10.11. In force on 05.10.11—placed before the Private Court on 12.12.11)

(e) Libya (Restrictive Measures) (Sark) (Amendment) (No. 2) Ordinance, 2011

(Made by General Purposes and Advisory Committee in exercise of its powers under section 41 of the Reform (Sark) Law, 2008. In force on 18.10.11. To be laid before the Chief Pleas of Sark on 18.01.12—placed before the Private Court on 12.12.11)

6. RULES OF COURT

None made during the period under review.

B. ALDERNEY

1. LAWS APPROVED BY THE STATES OF ALDERNEY

(a) Fees (Alderney) Law, 2011

(Billet d’État 21.09.11 Approved 21.09.11. In force on day to be appointed by Ordinance)

This Law enables the States of Alderney to prescribe certain fees by way of Ordinance and provides for related matters. It repeals the Fees (Alderney) Law, 1989 and the Fees (Alderney) (Amendment) Law, 2003.

(b) Renewable Energy (Alderney) (Amendment) Law, 2011

(Billet d’État 16.11.11 Approved 16.11.11. In force on day to be appointed by Ordinance)

The Law amends the Renewable Energy (Alderney) Law, 2007. In particular, it inserts additional powers for the States of Alderney to provide by Ordinance for extinguishment etc of rights of navigation, the creation of safety zones and additional enforcement powers. It also extends existing health and safety legislation to activities relating to renewable energy and makes various amendments to make the wording of the 2007 Law consistent with that in the Renewable Energy (Guernsey) Law, 2010 and the Renewable Energy (Sark) Law, 2010.

(Billet d’État 21.12.11 Approved 21.12.11)

This Law was approved by the States of Deliberation of Guernsey on 28.09.11 (see Chapter A1(a) above).

2. ORDINANCES APPROVED BY THE STATES OF ALDERNEY

(a) Companies (Alderney) Law (Fees) Ordinance, 2011

(Billet d’État 21.09.11 Approved 21.09.11—in force 01.01.12)

(b) Belarus (Freezing of Funds) (Alderney) (Amendment) Ordinance, 2011

(Billet d’État 21.09.11. Approved on 21.09.11—in force 21.09.11)

(d) Public Holidays (Alderney) (Queens Diamond Jubilee) Ordinance, 2011