Summary of Legislation

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Jersey & Guernsey Law Review – June 2012

SUMMARY OF LEGISLATION

BAILIWICK OF JERSEY

1 January–30 April 2012

1. LAWS ADOPTED BY THE STATES

(a) Criminal Justice (Miscellaneous Provisions) (No 3) (Jersey) Law 201-

(P.173/2011—adopted in 3rd reading, 17.1.12)

This Law makes miscellaneous amendments regarding evidence in criminal proceedings.

(b) Criminal Justice (International Co-operation) (Amendment No 2) (Jersey) Law 201-

(P.181/2011—adopted in 3rd reading, 17.1.12)

This Law confers powers of search on customs officers in cases where information relating to an offence concerning a customs matter has been requested by another country or territory.

(P.21/2012—adopted in 3rd reading, 17.4.12)

This Law provides for the repeal of the Loi (1952) accordant un Acte d’Incorporation à l’Association dite “The Jersey Football Association” and the transfer of the assets and liabilities to the Jersey Football Association Ltd.

(d) Loi (201-) (Amendement No 2) sur l’atténuation des peines et sur la mise en liberté surveillée

(P.22/2012—adopted in 3rd reading, 17.4.12)

This Law makes it clear that a person appointed as a probation officer is appointed not only to discharge functions under the Law being amended but also under any other enactment that confers powers on probation officers.

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

(a) Money Laundering and Weapons Development (Directions) (Jersey) Law 2012

(L.1/2012—registered 6.1.12. In force 13.1.12)

(b) Employment (Amendment No 6) (Jersey) Law 2012

(L.2/2012—registered 6.1.12. Arts 1, 3 and 7 in force 21.3.12; arts 4, 5 and 6 in force 1.6.12)

(L.3/2012—registered 6.1.12. Arts 1–5, 7, 8 and 10 in force 21.3.12; art 6 in force 1.6.12)

(d) Civil Partnerships (Jersey) Law 2012

(L.4/2012—registered 6.1.12. In force 2.4.12)

(e) Social Security (Amendment No 20) (Jersey) Law 2012

(L.5/2012—registered 6.1.12. Not in force)

(f) Repatriation of Prisoners (Jersey) Law 2012

(L.6/2012—registered 2.3.12. Not in force)

(g) Criminal Justice (Miscellaneous Provisions) (No 3) (Jersey) Law 2012

(L.7/2012—registered 23.3.12. In force 30.3.12)

(h) Order in Council of the 14th March 2012 for the registration and publication of the Canons of the Church of England in Jersey

(L.8/2012—registered 23.3.12. In force 23.3.12)

(i) Health Insurance (Amendment No 14) (Jersey) Law 2012

(L.9/2012—registered 27.4.12. Not in force)

(j) The Law Society of Jersey (Amendment No 3) Law 2012

(L.10/2012—registered 27.4.12. In force 4.5.12)

3. APPOINTED DAY ACTS

(a) Fire and Rescue Services (Jersey) Law 2011 (Appointed Day) Act 2012

(R&O.27/2010—in force 21.2.12)

Whole Law brought into force on 1 March 2012.

(b) Employment (Jersey) Law 2003 (Amendments Nos 5, 6 and 7) (Appointed Day) Act 2012

(R&O.49/2012—in force 20.3.12)

Arts 2 and 5 of the Employment (Amendment No 5) (Jersey) Law 2010 brought into force to the extent described in the Act, on 1 June 2012; arts 1, 3 and 7 of the Employment (Amendment No 6) (Jersey) Law 2012 brought into force on 21 March 2012 and arts 4, 5 and 6 of that Law brought into force on 1 June 2012; arts 1–5, 7, 8 and 10 of the Employment (Amendment No 7) (Jersey) Law 2012 brought into force on 21 March 2012 and art 6 of that Law brought into force on 1 June 2012.

4. REGULATIONS MADE BY THE STATES

(a) Shipping (MARPOL) (Jersey) Regulations 2012

(R&O.7/2012—not in force)

These Regulations implement Annexes I and II of the International Convention for the Prevention of Pollution from Ships.

(b) Employment (Minimum Wage) (Amendment No 8) (Jersey) Regulations 2012

(R&O.8/2012—in force 1.4.12)

These Regulations revise amounts to be taken into account in determining the value of an employee’s remuneration.

(R&O.9/2012—in force 19.1.12)

These triennial Regulations confer an entitlement to a cold weather bonus on households that are entitled to a bonus under the Food Costs Bonus (Jersey) Regulations 2011.

(d) Policing of Beaches (Amendment No 10) (Jersey) Regulations 2012

(R&O.18/2012—in force 1.3.12)

These Regulations make miscellaneous amendments to the Policing of Beaches (Jersey) Regulations 1959, including an amendment to facilitate the holding of equine events on beaches at times when riding would otherwise be prohibited.

(e) States of Jersey (Transfer of Functions No 5) (Economic Development to Chief Minister) (Jersey) Regulations 2012

(R&O.24/2012—in force 22.2.12)

These Regulations transfer functions under the Aviation Security Act 1982, as extended to Jersey, from the Minister for Economic Development to the Chief Minister.

(f) Civil Aviation (Amendment of Law No 2) (Jersey) Regulations 2012

(R&O.25/2012—in force 23.2.12)

These Regulations revise the functions of the Director of Civil Aviation.

(g) Social Security (Amendment of Law No 2) (Jersey) Regulations 2012

(R&O.26/2012—in force 28.2.12)

These Regulations make miscellaneous amendments to the Social Security (Jersey) Law 1974 concerning contribution factors and contribution rates.

(h) Civil Partnership (Consequential Amendments) (Jersey) Regulations 2012

(R&O.47/2012—in force 2.4.12)

These Regulations amend miscellaneous enactments consequentially upon the commencement of the Civil Partnerships (Jersey) Law 2012.

5. OTHER SUBORDINATE LEGISLATION OF NOTE

(a) Royal Court (Amendment No 13) Rules 2012

(R&O.21/2012—in force 1.3.12)

These Rules make provision for the representation of bodies corporate in proceedings and other minor revisions of the Royal Court Rules 2004.

BAILIWICK OF GUERNSEY

1 January–30 April 2012

A. GUERNSEY

1. LAWS APPROVED BY THE STATES OF DELIBERATION

(a) Civil Contingencies (Bailiwick of Guernsey) Law, 2012

(Billet d’État No IV of 2012. Approved 21.02.12)

This Law provides powers in relation to monitoring risks and contingency planning and to enable action to be taken in certain circumstances to prevent a threat from becoming an emergency and to make regulations dealing with an emergency affecting the Bailiwick or any part of it. It also repeals the Emergency Powers (Bailiwick of Guernsey) Law, 1965 and creates the Civil Contingencies Authority to replace the Emergency Powers Authority. It is based in large part on the UK’s Civil Contingencies Act 2004, pursuant to the relevant States Resolution.

(b) Regulation of Health Professions (Enabling Provisions) (Guernsey) Law, 2012

(Billet d’État No IV of 2012. Approved 21.02.12)

This Law confers powers on the States of Deliberation to make Ordinances concerning the health professions, persons connected to these professions and persons who purport to practise or to be qualified to practise these professions.

(Billet d’État No V of 2012. Approved 06.03.12)

This Law prohibits fishing within Bailiwick fishery limits by British fishing boats unless authorised by a licence granted by the States of Guernsey Commerce and Employment Department; creates powers of entry, search and seizure for British sea-fishery officers and creates penalties for its infringement. The Law also repeals the Sea Fish Licensing (Guernsey) Ordinance, 2003.

(d) Wireless Telegraphy and Related Matters (Deemed Registration and Validation) (Bailiwick of Guernsey) Law, 2012

(Billet d’État No V of 2012. Approved 06.03.12)

This Law deems certain United Kingdom statutory instruments to have been registered in the Royal Court and validates certain acts done under them.

(e) Forfeiture of Money, etc in Civil Proceedings (Bailiwick of Guernsey) (Amendment) Law, 2012

(Billet d’État No V of 2012. Approved 06.03.12)

This Law amends the Forfeiture of Money, etc in Civil Proceedings (Bailiwick of Guernsey) Law, 2007 by, amongst other things, inserting provision categorising proceedings under the Law as civil proceedings.

(f) Mont Varouf School (Guernsey) Law, 2012

(Billet d’État No V of 2012. Approved 06.03.12)

The Law will transfer to and vest in the Constables for the time being of the Parish of Saint Saviour and the States of Guernsey land and premises known as Mont Varouf School upon terms and conditions agreed between the Constables and the States.

2. ORDINANCES APPROVED BY THE STATES OF DELIBERATION

(a) Income Tax (Guernsey) (Approval of Agreements with the Czech Republic and Slovenia) Ordinance, 2012

(Billet d’État No III of 2012. Approved 25.01.12—in force 25.01.12)

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) Czech Republic, signed on 15 September 2011, and

(b) Republic of Slovenia, signed on 26 September 2011,

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

(b) Terrorist Asset-Freezing (Bailiwick of Guernsey) Law, 2011 (Commencement) Ordinance, 2012

(Billet d’État No III of 2012. Approved 25.01.12—in force 25.01.12)

This Ordinance commences the Terrorist Asset-Freezing (Bailiwick of Guernsey) Law, 2011 on 25 January 2012.

(Billet d’État No IV of 2012. Approved 21.02.12—in force by way of Order)

This Ordinance updates and consolidates legislation in Guernsey relevant to animal welfare. In particular it updates relevant offences against animals, provides for a new duty of care for animal owners and keepers, a new licensing requirement for certain activities carried on in relation to animals and for enhanced penalties, including court orders, in relation to relevant offences.

(d) Housing (Control of Occupation) (Amendment of Housing Register) Ordinance, 2012

(Billet d’État No IV of 2012. Approved 21.02.12—in force 22.02.12)

This Ordinance authorises the Housing Authority to inscribe in Part A of the Housing Register the dwellings known as “1 Mont Havelet Court”, “2 Mont Havelet Court”, and “3 Mont Havelet Court”, 1 St George Road, Saint Peter Port.

(e) Inheritance (Guernsey) Law, 2011 (Commencement) Ordinance, 2012

(Billet d’État No IV of 2012. Approved 21.02.12—in force 02.04.12)

This Ordinance commences the Inheritance (Guernsey) Law, 2011 on 2 April 2012.

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

(a) Taxation of Real Property (Guernsey and Alderney) (Amendment) Regulations, 2011

(Billet d’État No III of 2012. Made by the Treasury and Resources Department—in force on 01.01.12 and laid on 25.01.12)

(b) Health Service (Benefit) (Amendment) (No 2) Ordinance, 2011

(Billet d’État No IV of 2012. Made by the Legislation Select Committee—in force 01.01.12 and laid on 21.02.12)

(Billet d’État No IV of 2012. Made by the Commerce and Employment Department—in force on 14.12.10 and laid on 21.02.12)

(d) Social Insurance (Back to Work Benefits) (Amendment) Regulations, 2011

(Billet d’État No IV of 2012. Made by the Social Security Department—in force on 16.11.11 and laid on 21.02.12)

(e) Rabies Order, 2011

(Billet d’État No IV of 2012. Made by the Commerce and Employment Department—in force on 01.01.12 and laid on 21.02.12)

(f) Financial Services Commission (Fees) Regulations, 2011

(Billet d’État No IV of 2012. Made by the Guernsey Financial Services Commission—in force on 01.01.12 and laid on 21.02.12)

(g) Boarding Permits Fees Order, 2011

(Billet d’État No IV of 2012. Made by the Commerce and Employment Department—in force on 01.04.12 and laid on 21.02.12)

(h) Burma/Myanmar (Restrictive Measures) (Guernsey) Ordinance, 2012

(Billet d’État No V of 2012. Made by the Legislation Select Committee—in force 04.01.12 and laid on 06.03.12)

(i) Eritrea (Restrictive Measures) (Guernsey) Ordinance, 2012

(Billet d’État No V of 2012. Made by the Legislation Select Committee—in force 04.01.12 and laid on 06.03.12)

(j) Republic of Guinea (Restrictive Measures) (Guernsey) Ordinance, 2012

(Billet d’État No V of 2012. Made by the Legislation Select Committee—in force 04.01.12 and laid on 06.03.12)

(k) Somalia (Restrictive Measures) (Guernsey) Ordinance, 2012

(Billet d’État No V of 2012. Made by the Legislation Select Committee—in force 04.01.12 and laid on 06.03.12)

(l) Social Insurance (Classification) (Amendment) (Guernsey) Regulations, 2011

(Billet d’État No V of 2012. Made by the Commerce and Employment Department—in force on 01.01.12 and laid on 06.03.12)

(m) Health Service (Medical Appliances) (Amendment) Regulations, 2011

(Billet d’État No V of 2012. Made by the Commerce and Employment Department—in force on 01.01.12 and laid on 06.03.12)

(n) Social Insurance (Benefits) (Amendment No 2) Regulations, 2011

(Billet d’État No V of 2012. Made by the Commerce and Employment Department—in force on 02.01.12 and laid on 06.03.12)

(o) Health Service (Benefit) (Limited List) (Pharmaceutical Benefit) (Amendment No 6) Regulations, 2011

(Billet d’État No V of 2012. Made by the Commerce and Employment Department—in force on 21.12.11 and laid on 06.03.12)

(p) Income Tax (Standard Charge) (Amendment) Regulations, 2011

(Billet d’État No V of 2012. Made by the Commerce and Employment Department—in force on 01.01.12 and laid on 06.03.12)

(q) States Housing (Rent and Rebate Scheme) (Guernsey) (Amendment) Regulations, 2011

(Billet d’État No V of 2012. Made by the Commerce and Employment Department—in force on 31.12.11 and laid on 06.03.12)

(r) Mooring Charges Regulations, 2011

(Billet d’État No V of 2012. Made by the Commerce and Employment Department—in force on 01.01.12 and laid on 06.03.12)

(s) Harbour Dues and Facilities Charges Regulations, 2011

(Billet d’État No V of 2012. Made by the Commerce and Employment Department—in force on 01.01.12 and laid on 06.03.12)

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

(a) La Mare Road (Closure) (Guernsey) Law, 2011

(Billet d’État No VIII of 2011—registered 17.01.12. In force on 31.01.12 by way of Order of the Public Services Department)

(b) Reform (Guernsey) (Amendment) Law, 2011

(Billet d’État No XVII of 2011—registered 17.01.12. In force 17.01.12)

(U.K.S.I. No 2949—Registered 13.02.12)

(d) Wireless Telegraphy (Exemption) (Amendment) Regulations, 2011

(U.K.S.I. No 2950—Registered 13.02.12)

(e) Wireless Telegraphy (Exemption and Amendment) (Amendment) Regulations, 2011

(U.K.S.I. No 3035—Registered 13.02.12)

(f) Tobacco Products (Enabling Provisions) (Guernsey) Law, 2010

(Billet d’État No XXIII of 2010—registered 05.03.12. In force on day to be appointed by Ordinance)

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

(Billet d’État No XV of 2011—registered 16.04.12. In force on day to be appointed by Ordinance)

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

(a) Tourism (Accommodation Permits) (Sark) Ordinance, 2011

(Made by the Chief Pleas of Sark on 05.10.11. In force on 05.10.11. In exercise of its powers under s 39 of the Reform (Sark) Law, 2008, the Ordinance was annulled by the Private Court on 12.01.12 on the ground that it was ultra vires the Chief Pleas.)

(b) Somalia (Restrictive Measures) (Sark) Ordinance, 2012

(Made by General Purposes and Advisory Committee in exercise of its powers under s 41 of the Reform (Sark) Law, 2008. In force on 07.02.12. Laid before the Chief Pleas of Sark on 18.04.12—placed before the Private Court on 28.02.12.)

(d) Eritrea (Restrictive Measures) (Sark) Ordinance, 2012

(e) Republic of Guinea (Restrictive Measures) (Sark) Ordinance, 2012

(f) Syria (Restrictive Measures) (Sark) Ordinance, 2012

6. RULES OF COURT

None made during the period under review.

B. ALDERNEY

1. LAWS APPROVED BY THE STATES OF ALDERNEY

(a) Wireless Telegraphy and Related Matters (Deemed Registration and Validation) (Bailiwick of Guernsey) Law, 2012

(Billet d’État 18.04.12 Approved 18.04.12)

This Law was approved by the States of Deliberation of Guernsey on 06.03.12 (see Chapter A 1. (d) of the entries relating to Guernsey above) and by the Chief Pleas of Sark on 18.04.12 (see Chapter C1.(f) of the entries relating to Sark below).

(b) Sea Fish Licensing (Bailiwick of Guernsey) Law, 2012

(Billet d’État 18.04.12 Approved 18.04.12)

This Law was approved by the States of Deliberation of Guernsey on 06.03.12 (see Chapter A1.(c) of the entries relating to Guernsey above) and by the Chief Pleas of Sark on 18.04.12 (see Chapter C 1. (e) of the entries relating to Sark below).

(Billet d’État 18.04.12 Approved 18.04.12)

This Law was approved by the States of Deliberation of Guernsey on 06.03.12 (see Chapter A 1. (e) of the entries relating to Guernsey above) and by the Chief Pleas of Sark on 18.04.12 (see Chapter C 1. (g) of the entries relating to Sark below).

(d) Civil Contingencies (Bailiwick of Guernsey) Law, 2012

(Billet d’État 18.04.12 Approved 18.04.12)

This Law was approved by the States of Deliberation of Guernsey on 06.03.12 (see Chapter A 1. (a) of the entries relating to Guernsey above) and by the Chief Pleas of Sark on 18.04.12 (see Chapter C 1. (d) of the entries relating to Sark below).

(e) Government of Alderney (Amendment) Law, 2012

(Billet d’État 18.04.12 Approved 18.04.12)

This Law amends the provisions of the Government of Alderney Law, 2004 relating to the inscription of names on the register of electors.

2. ORDINANCES APPROVED BY THE STATES OF ALDERNEY

(a) Duty on Share Transfers (Alderney) Law, 1994 (Amendment) Ordinance, 2012

(Billet d’État 11.01.12. Approved 11.01.12—in force 11.01.12)

(b) Speed Trials (Alderney) Ordinance, 2012

(Billet d’État 21.03.12. Approved on 21.03.12– in force 21.03.12)

(Billet d’État 18.04.12. Approved on 18.04.12—in force 18.04.12)

C. SARK

1. LAWS APPROVED BY THE CHIEF PLEAS OF SARK

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

(Approved 18.01.12)

This Law was approved by the States of Deliberation of Guernsey on 28.09.11 (see Chapter A 1. (a) of the entries relating to Guernsey for the period 1 September–31 December 2011 at p 92 of vol 16(1), of the Law Review) and by the States of Alderney on 21.12.11 (see Chapter B 1. (c) of the entries relating to Alderney for the period 1 September–31 December 2011 at p 99 of vol 16(1), of the Law Review).

(b) Regulation of Health Professions (Enabling Provisions) (Sark) Law, 2012

(Approved 18.01.12)

This Law confers powers on the Chief Pleas of Sark to make Ordinances concerning the health professions, persons connected to these professions and persons who purport to practise or to be qualified to practise these professions.

(Approved 18.01.12)

The Law amends the Tourism (Sark) Law, 1982 so as to change the period of validity, and procedure for renewal, of accommodation permits granted under the Law. The Law also provides for powers to make future changes to such provisions by Ordinance of the Chief Pleas of Sark and for the extension of accommodation permits by regulations.

(d) Civil Contingencies (Bailiwick of Guernsey) Law, 2012

(Approved 18.04.12)

This Law was approved by the States of Deliberation of Guernsey on 21.02.12 (see Chapter A 1. (a) of the entries relating to Guernsey above) and by the States of Alderney on 18.04.12 (see Chapter B 1. (d) of the entries relating to Alderney above).

(e) Sea Fish Licensing (Bailiwick of Guernsey) Law, 2012

(Approved 18.04.12)

This Law was approved by the States of Deliberation of Guernsey on 06.03.12 (see Chapter A 1. (c) of the entries relating to Guernsey above) and by the States of Alderney on 18.04.12 (see Chapter B 1. (b) of the entries relating to Alderney above).

(f) Wireless Telegraphy and Related Matters (Deemed Registration and Validation) (Bailiwick of Guernsey) Law, 2012

(Approved 18.04.12)

This Law was approved by the States of Deliberation of Guernsey on 06.03.12 (see Chapter A 1. (d) of the entries relating to Guernsey above) and by the States of Alderney on 18.04.12 (see Chapter B 1. (a) of the entries relating to Alderney above).

(g) Forfeiture of Money, etc in Civil Proceedings (Bailiwick of Guernsey) (Amendment) Law, 2012

(Approved 18.04.12)

This Law was approved by the States of Deliberation of Guernsey on 06.03.12 (see Chapter A 1. (e) of the entries relating to Guernsey above) and by the States of Alderney on 18.04.12 (see Chapter B 1. (c) of the entries relating to Alderney above).

2. ORDINANCES APPROVED BY THE CHIEF PLEAS OF SARK

(a) Road Traffic (Horse Drawn Vehicles) (Amendment) (Sark) Ordinance, 2012

(Approved 18.04.12—in force 18.04.12)

(b) Road Traffic (Tractors and Invalid Carriages) (Amendment) (Sark) Ordinance, 2012

(Approved 18.04.12—in force 18.04.12)

(d) Renewable Energy (Sark) Law, 2010 (Commencement) Ordinance, 2012

(Approved 18.04.12—in force 18.04.12)

3. ORDINANCES LAID BEFORE THE CHIEF PLEAS OF SARK

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

(Made by the 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. Laid before the Chief Pleas of Sark on 18.01.12)

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

(Made by the General Purposes and Advisory Committee in exercise of its powers under s 41 of the Reform (Sark) Law, 2008. In force on 18.10.11. Laid before the Chief Pleas of Sark on 18.01.12)

(Made by the 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. Laid before the Chief Pleas of Sark on 18.01.12)

(d) Somalia (Restrictive Measures) (Sark) Ordinance, 2012