Jersey & Guernsey
Law Review – February 2013
SUMMARY OF
LEGISLATION
BAILIWICK OF JERSEY
1 September–31 December 2012
1. LAWS ADOPTED BY
THE STATES
(a) Residential Tenancy (Amendment) (Jersey) Law
2012
(P.67/2012—adopted in 3rd reading, 11.9.12)
This Law makes miscellaneous amendments to the
Residential Tenancy (Jersey) Law 2011, in
particular, in respect of the carrying out of eviction orders, powers of entry
and the sale of a tenant’s property.
(b) Banking Business (Amendment No 8) (Jersey)
Law 201-
(P.76/2012—adopted in 3rd reading, 25.9.12)
This Law extends the power to make Regulations in
respect of depositor compensation schemes and imposes duties on administrators
of bankrupt banks to cooperate with scheme managers.
(c) Bankruptcy (Désastre) (Amendment No
6) (Jersey) Law 201-
(P.79/2012—adopted in 3rd reading, 25.9.12)
This Law varies the order of priority of classes of
creditors in a désastre.
(d) Health Insurance Fund (Miscellaneous
Provisions) (Amendment) (Jersey) Law 201-
(P.88/2012—adopted in 3rd reading, 8.11.12)
This Law provides for money to be withdrawn from the
Health Insurance Fund and credited to the consolidated fund in 2013 2014 and
2015.
(e) Debt Relief (Developing Countries) (Jersey)
Law 201-
(P.91/2012—adopted in 3rd reading 20.11.12)
This Law limits the enforceability, in Jersey, of certain judgments for the recovery of debts
owed by certain low income countries.
(f) Royal Court (Amendment No 13) (Jersey) Law
201-
(P.93/2012—adopted in 3rd reading 20.11.12)
This Law enables the Bailiff, in certain
circumstances, to appoint one or more Jurats of the Royal Court of Guernsey to
sit as Jurats of the Royal Court of Jersey.
(g) Finance (2013 Budget) (Jersey) Law 201-
(P.103/2012—adopted in 3rd reading, 5.12.12)
This Law sets the rate of income tax for
2013 and amends, with effect from 1 January 2013, income tax exemption
thresholds, excise duty rates, stamp duty rates and land transactions tax rates
(h) Income Tax (Amendment No 41) (Jersey) Law
201-
(P.104/201—adopted in 3rd reading, 5.12.12)
This Law revises the rules for taxation of
distributions by companies, provides for the taxation of earnings attributable
to the profits of an intermediary service vehicle and makes other miscellaneous
amendments to the Income Tax (Jersey) Law
1961.
(i) Goods and Services Tax (Amendment No 4)
(Jersey) Law 201-
(P.105/201—adopted in 3rd reading, 5.12.12)
This Law provides for the withdrawal of a credit for
input tax where the supply to which the tax relates is not paid, and provides
for the tax treatment of sales of dwellings by share transfer and for the tax
treatment of sales of parking rights that are associated with a dwelling.
2. LAWS, ORDERS IN COUNCIL, ETC REGISTERED IN THE ROYAL
COURT
(a) Loi sur l’Association dite “The
Jersey Football Association” (Repeal) (Jersey) Law 2012
(L.27/2012—registered 26.10.12. In force
2.11.12)
(b) Loi (2012) (Amendement No 2) sur l’Attenuation
des Peines et sur la Mise en Liberté Surveillée
(L.28/2012—registered 26.10.12. In force
2.11.12)
(c) Collective Investment Funds (Amendment and
Validation) (Jersey) Law 2012
(L.29/2012—registered 26.10.12. Article 2 in
force 23.11.12; remainder in force 27.10.12)
(d) Connétables (Miscellaneous
Provisions) (Jersey) Law 2012
(L.30/2012—registered 26.10.12. Not in force)
(e) Control of Housing and Work (Jersey) Law
2012
(L.31/2012—registered 26.10.12. Not in force)
(f) Fire Precautions (Amendment No 2) (Jersey)
Law 2012
(L.32/2012—registered 26.10.12. In force 1.1.13)
(g) Money Laundering and Weapons Development
(Directions) (Amendment) (Jersey) Law 2012
(L.33/2012—registered 26.10.12. In force
2.11.12)
(h) Petroleum (Amendment No 3) (Jersey) Law 2012
(L.34/2012—registered 26.10.12. In force
2.11.12)
(i) Register of Names and Addresses (Jersey) Law
2012
(L.35/2012—registered 26.10.12. Not in force)
(j) Sea Fisheries (Amendment No 2) (Jersey) Law
2012
(L.36/2012—registered 26.10.12. In force
23.11.12)
(k) States of Jersey Police Force Law 2012
(L.37/2012—registered 26.10.12. Not in force)
(l) Trusts (Amendment No 5) (Jersey) Law 2012
(L.38/2012—registered 26.10.12. In force
2.11.12)
(m) Immigration and Asylum (Jersey) Order 2012
(L.39/2012—registered 2.11.12. In force 3.11.12)
(n) Geneva Conventions Act (Jersey) Order 2012
(L.40/2012—registered 2.11.12. In force 9.11.12)
(o) Police Act 1997 (Criminal Records) (Jersey)
(Amendment) Order 2012
(L.41/2012—registered 2.11.12. In force 3.11.12)
(p) Residential Tenancy (Amendment) (Jersey) Law
2012
(L.42/2012—registered 23.11.12. In force
30.11.12)
(q) Bankruptcy (Désastre) (Amendment No 6)
(Jersey) Law 2012
(L.43/2012—registered 21.12.12. In force
28.12.12)
(r) Banking Business (Amendment No 8) (Jersey)
Law 2012
(L/44/2012—registered 21.12.12. In force
28.12.12)
(s) Royal Court (Amendment No 13) (Jersey) Law
2012
(L.45/2012—registered 21.12.12. In force
22.12.12)
3. APPOINTED DAY ACTS
(a) Social Security (Amendment No 20) (Jersey)
Law 2012 (Appointed Day) Act 2012
(R&O.116/2012—in force 10.10.12)
Whole Law brought into force on 1.12.12.
(b) Gambling (Jersey) Law 2012 (Appointed Day)
Act 2012
(R&O.133/2012—in force 20.11.12)
Whole Law brought into force on 1.1.13.
(c) Intellectual Property (Unregistered Rights)
(Jersey) Law 2011 (Appointed Day) Act 2012
(R&O.148/2012—in force 11.12.12)
Whole Law brought into force on 18.12.12.
(d) Fire Precautions (Amendment No 2) (Jersey)
Law 2012 (Appointed Day) Act 2012
(R&O.155/2012—in force 13.12.12)
Whole Law brought into force on 1.1.13.
(e) Repatriation of Prisoners (Jersey) Law 2012
(Appointed Day) Act 2012
(R&O.157/2012—in force 13.12.12)
Whole Law brought into force on 1.1.13.
(f) Health Insurance (Amendment No 14) (Jersey)
Law 2012 (Appointed Day) Act 2012
(R&O.158/2012—in force 13.12.12)
Articles 8 and 11 of the Law in force on the same day
as the first Regulations made under art 27A of the Health Insurance (Jersey) Law 1967. Remainder of Law in force 1.1.13.
4. REGULATIONS MADE BY THE STATES
(a) Price Indicators (Amendment) (Jersey)
Regulations 2012
(R&O.104/2012—in force 19.9.12)
These Regulations provide for the roadside display of
fuel prices and to allow discounting of displayed retail prices of certain
goods.
(b) Taxation (Miscellaneous Provisions) (Jersey)
Regulations 2012
(R&O.108/2012—in force 2.10.12)
These Regulations amend the Taxation (United States of America) (Jersey) Regulations
2006, the Taxation (Exchange of Information with Third Countries) (Jersey)
Regulations 2008 and the Taxation (Double Taxation) (Jersey)
Regulations 2010.
(c) Banking Business (Depositors Compensation)
(Amendment and Miscellaneous Provisions) (Jersey) Regulations 2012
(R&O.109/2012—in force 2.10.12)
These Regulations make miscellaneous amendments to the
Banking Business (Depositors Compensation) (Jersey) Regulations 2009 and also,
consequentially, amend the Public Finances (Depositors Compensation) (Jersey) Regulations 2009.
(d) Banking (Depositors Compensation
Supplementary Provisions) (Jersey) Regulations 2012
(R&O.110/2012—in force 6.11.12)
These triennial Regulations create offences for acts
associated with the Banking Business (Depositors Compensation) (Jersey) Regulations 2009.
(e) Health Care (Registration) (No 4) (Jersey)
Regulations 2012
(R&O.118/2012—in force 30.10.12)
These Regulations extend the application of the Health
Care (Registration) (Jersey) Law 1995 to
further health care professions.
(f) Social Security (Amendment of Law No 3)
(Jersey) Regulations 2012
(R&O.125/2012—in force 1.1.13)
These Regulations revise the calculation of the States
contribution to supplementation.
(g) Taxation (Exchange of Information with Third
Countries) (Amendment No 5) (Jersey) Regulations 2012
(R&O.127/2012—in force 20.11.12)
These Regulations confer powers to collect tax
information requested under an agreement between Jersey and Austria.
(h) Incorporated Limited Partnerships (Annual
Additional Charge) (Jersey) Regulations 2012
(R&O.128/2012—in force 1.1.13)
These Regulations set an annual charge to be collected
by the Jersey Financial Services Commission, but due to the States, in respect
of an incorporated limited partnership.
(i) Separate Limited Partnerships (Annual
Additional Charge). (Jersey) Regulations 2012
(R&O.129/2012—in force 1.1.13)
These Regulations set an annual charge to be collected
by the Jersey Financial Services Commission, but due to the States, in respect
of a separate limited partnership.
(j) Limited Partnerships (Annual Additional
Charge) (Jersey) Regulations 2012
(R&O.130/2012—in force 1.1.13)
These Regulations set an annual charge to be collected
by the Jersey Financial Services Commission, but due to the States, in respect
of a limited partnership.
(k) Gambling (Ancillary Services and
Miscellaneous Provisions) (Jersey) Regulations 2012
(R&O.131/2012—in force 1.1.13)
These Regulations impose a permit scheme on certain
services that are ancillary to gambling services.
(l) Gambling (Charitable and Membership Gambling
Services) (Jersey) Regulations 2012
(R&O.132/2012—in force 1.1.13)
These Regulations prohibit certain membership gambling
services and provide registration and permit schemes for charitable gambling
services.
(m) Social Security (Amendment of Law No 4)
(Jersey) Regulations 2012
(R&O.141/2012—Parts 1, 3 and 4 in force
13.12.12; Parts 2 and 5 in force 1.1.13)
These Regulations replace invalid carer with home
carer’s allowance, revise the rules for entitlement to survivor’s
pension and make other, miscellaneous, amendments to the Social Security (Jersey) Law 1974.
(n) Alternative Investment Funds (Jersey)
Regulations 2012
(R&O.142/2012—in force 2.4.13)
These Regulations provide for the
regulation of the management and marketing of alternative investment funds.
(o) Financial Services (Amendment of Law) (No 4)
(Jersey) Regulations 2012
(R&O.143/2012—in force 2.4.13)
These Regulations insert in the Financial Services (Jersey) Law 1998 definitions associated with the conduct
of alternative investment fund business.
(p) Intellectual Property (Unregistered Rights)
(Application, Transitional Provisions and Savings) (Jersey) Regulations 2012
(R&O.147/2012—in force 18.12.12)
These Regulations make transitional provision in
respect of the commencement of the Intellectual Property (Unregistered Rights)
(Jersey) Law 2011 and the repeal of the Copyright Act 1911, in its application
to Jersey.
(q) Fire Precautions (Designated Premises)
(Jersey) Regulations 2012
(R&O.156/2012—in force 1.1.13)
These Regulations designate premises in respect of
which a fire certificate issued under art 3 of the Fire Precautions (Jersey) Law 1977 is required.
5. OTHER SUBORDINATE
LEGISLATION OF NOTE
(a) Police Act 1997 (Criminal Records and
Registration) (Jersey) (Amendment) Regulations 2012
(R&O.105/2012—in force 10.9.12)
These Regulations, made by the Secretary of State,
omit Regulation 9 of the Police Act 1997 (Criminal Records and Registration) (Jersey) Regulations 2010.
(b) Act declaring that the Finance (2013 Budget)
(Jersey) Law 201- shall have immediate effect
(R&O.138/2012—in force 5.12.12)
This Act gives immediate effect to the Finance (2013
Budget) (Jersey) Law 201- (P.103/2012).
(c) Act declaring that the Income Tax (Amendment
No 41) (Jersey) Law 201- shall have immediate effect
(R&O.139/2012—in force 5.12.12)
This Act gives immediate effect to the Income Tax
(Amendment No 41) (Jersey) Law 201-
(P.104/2012).
(d) Act declaring that the Goods and Services
Tax (Amendment No 4) (Jersey) Law 201- shall have immediate effect
(R&O.140/2012—in force 5.12.12)
This Act gives immediate effect to the Goods and
Services Tax (Amendment No 4) (Jersey) Law
201- (P.105/2012).
(e) Intellectual Property (Unregistered Rights)
(Works of Foreign Provenance) (Jersey) Order 2012
(R&O.152/2012—in force 18.12.12)
This Order extends, with modifications, the property
rights conferred by the Law to works in which equivalent property rights
subsist by virtue of a connection with certain countries.
BAILIWICK OF GUERNSEY
1 September–31 December 2012
A. GUERNSEY
1. LAWS
APPROVED BY THE STATES OF DELIBERATION
(a) Sewerage (Guernsey) (Amendment) Law
2012
(Billet
d’État No XX of 2012. Approved 26.09.12)
This Law amends the Sewerage (Guernsey)
Law 1974 by inserting provisions which enable appeals to be brought by land
owners in relation to decisions to construct public sewers over private land.
(b) Road Traffic (Compulsory Third-Party
Insurance) (Amendment) (Guernsey) Law 2012
(Billet
d’État No XXI of 2012. Approved 31.10.12)
This Law provides a statutory basis
for the introduction of charges to recover the cost of treatment following a
motorised vehicle accident where the charges could be recovered under the terms
of a motor insurance policy.
(c) Employment Agencies (Enabling Provisions)
(Bailiwick of Guernsey) Law 2012
(Billet
d’État No XXIII of 2012. Approved 28.11.12)
This Law empowers the States to regulate employment
agencies by Ordinance. The immediate purpose of the Law is to enable an
Ordinance to be made that will regulate maritime manning agencies in a manner
that is consistent with the requirements of one part of the Maritime Labour
Convention.
(d) Air Navigation (Bailiwick of Guernsey) Law 2012
(Billet
d’État No XXV of 2012. Approved 13.12.12)
This Law repeals Part III of the Aviation (Bailiwick
of Guernsey) Law 2008 (which contains provisions relating to air navigation)
and makes fresh provision relating to air navigation. In particular, Chapter I
of Part I of the Law includes new provisions relating to the registration of
aircraft. The Law largely replicates relevant UK legislation and ensures that the
Bailiwick has the necessary statutory basis for an aircraft registry. The
provisions of the Law are consistent with obligations imposed on the UK, and by
extension the Bailiwick, under the Chicago Convention on International Civil
Aviation.
(e) Aviation (Amendment) (Bailiwick of Guernsey) Law 2012
(Billet
d’État No XXV of 2012. Approved 13.12.12)
The Law makes a number of amendments to the Aviation
(Bailiwick of Guernsey) Law 2008. In particular it inserts provisions extending
the functions of the Director of Civil Aviation so as to include the regulation of aviation security within the Bailiwick, enabling
the Commerce and Employment Department of the States of Guernsey to make
regulations relating to the recording and registration of births and deaths
occurring on aircraft registered in Guernsey and relating to aviation security
and safety.
2. ORDINANCES
APPROVED BY THE STATES OF DELIBERATION
(a) Health and Safety at Work (General) (Guernsey) (Amendment) Ordinance 2012
(Billet d’État No XX of 2012.
Approved 26.09.12—in force 26.09.12)
This Ordinance increases the current maximum fine
which may be imposed by the Magistrate’s Court under the Health and
Safety at Work (General) (Guernsey) Ordinance
1987.
(b) Merchant Shipping (Bailiwick of Guernsey) Law 2002 (Commencement) Ordinance 2012
(Billet d’État No XX of 2012.
Approved 26.09.12—in force 26.09.12)
This Ordinance commences certain provisions of the Merchant Shipping (Bailiwick of
Guernsey) Law 2002, including provisions under which the Merchant Shipping
(Convention on Limitation of Liability for Maritime Claims) (Bailiwick of Guernsey) Ordinance 2012 (see (c) immediately below) is
to be made. It also makes consequential repeals to related merchant shipping
legislation.
(c) Merchant Shipping (Convention on Limitation
of Liability for Maritime Claims) (Bailiwick of Guernsey)
Ordinance 2012
(Billet d’État No XX of 2012.
Approved 26.09.12—in force on day appointed by an Order of the Public
Services Department.)
This Ordinance puts in place provisions to give
domestic effect to the 1996 Protocol to the Convention on the Limitation of
Liability for Maritime Claims (“the Convention”). It does so by
amending the text of the Convention in Part I of Schedule 7 to the Merchant
Shipping (Bailiwick of Guernsey) Law 2002 (“the 2002 Law”), and the
text of Part II of that Schedule, which comprises provisions having effect in
connection with the Convention. The power to amend Schedule 7 by Ordinance to
give effect to the 1996 Protocol is contained in s 194(3) of the 2002 Law.
(d) Mont Varouf
School (Guernsey)
Law 2012 (Commencement) Ordinance 2012
(Billet d’État No XX of 2012.
Approved 26.09.12—in force 26.09.12)
This Ordinance commenced the Mont
Varouf School
(Guernsey) Law 2012, on 1 October 2012.
(e) Sea Fish Licensing
(Bailiwick of Guernsey) Law 2012
(Commencement) Ordinance 2012
(Billet d’État No XX of 2012.
Approved 26.09.12—in force 26.09.12)
This Ordinance commences the Sea Fish Licensing
(Bailiwick of Guernsey) Law 2012, on 1 February 2013.
(f) Income Tax (Guernsey) (Amendment) (No 2) Ordinance 2012
(Billet d’État No XXI of 2012. Approved
31.10.12—Section 3 in force on 01.01.13. All other sections in force on
31.10.12.)
This Ordinance amends the Income Tax (Guernsey) Law 1975, as amended, inter alia:
(i)
to enable the online filing and electronic communication for personal income tax
returns to be the default option, although paper returns will still be
accepted;
(ii)
to provide for compulsory online filing of returns by, and transmission of
electronic assessment to, companies, albeit paper returns will be permitted for
certain limited circumstances at the discretion of the Director of Income Tax;
(iii)
to make clear that when the Director gives a third party a reasonable
opportunity to furnish documents required voluntarily under s 75B(3), that
the third party may be required to not disclose to the taxpayer that the
documents have been requested;
(iv)
to remove the requirement that an entity regulated by the GFSC need be given a
reasonable opportunity to provide documents or information voluntarily. This is
because financial institutions have preferred to await service of a formal
notice before releasing information with regard to their clients;
(v)
to make a minor amendment to the reference to accounting records required to be
kept by a company;
(vi)
to enable the Director’s notice requiring taxpayers to submit a tax
return to be given in electronic form or by means of a publication [thus
removing the need for paper notices to be sent out]; and
(vii)
to clarify that a company which pays no income tax only because it is liable to
tax at the zero rate cannot, by reason of being zero-rated, take advantage of
the limited penalty of £50 allowed under s 190 for persons who fail
to submit a tax return but who are not liable to pay tax.
(g) Income
Tax (Guernsey) (Approval of Agreement with Turkey) Ordinance 2012
(Billet d’État No XXI of 2012.
Approved 31.10.12—in force 31.10.12)
This Ordinance specifies the agreement providing for
the obtaining and exchanging of information in relation to tax, made between
the States of Guernsey and the Government of Turkey signed on 13 March 2012 for the purposes of the Income Tax (Guernsey) Law 1975.
(h) Social
Insurance (Rates of Contribution and Benefits, etc) Ordinance 2012
(Billet d’État No XXI of 2012.
Approved 01.11.12—Section 7 shall in force on 07.01.13. All other
sections in force on 01.01.13)
This Ordinance amends rates of contributions, upper
and lower income limits, 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
2013 under the Social Insurance (Guernsey) Law
1978.
(i) Social Insurance (Guernsey) Law (Amendment) Ordinance 2012
(Billet d’État No XXI of 2012. Approved
01.11.12—in force 01.11.12)
This Ordinance repeals s 32(3)(a)(i) of the Social Insurance (Guernsey) Law 1978, thereby
removing the requirement that a “qualifying spouse” must be over 45
years of age at the time of their spouse’s death in order to qualify for
bereavement allowance.
(j) Health Service (Benefit)
(Amendment) Ordinance 2012
(Billet d’État No XXI of 2012.
Approved 01.11.12—in force 01.01.13)
This Ordinance amends prescription charges under the
Health Service (Benefit) (Guernsey) Law 1990
with effect on 1 January 2013. As from that date charges will be £3.20.
(k) Long-term
Care Insurance (Guernsey) (Rates) Ordinance
2012
(Billet d’État No XXI of 2012.
Approved 01.11.12—in force 07.01.13)
This Ordinance amends rates of long-term benefit under
the Long-term Care Insurance (Guernsey) Law
2002 with effect on 7 January 2013.
(l) Supplementary Benefit
(Implementation) (Amendment) (No 2) Ordinance 2012
(Billet d’État No XXI of 2012.
Approved 01.11.12—in force 04.01.13)
This Ordinance amends rates of supplementary benefit
under the Supplementary Benefit (Guernsey) Law 1971 with effect on 4 January 2013. It
further amends the Supplementary
Benefit (Implementation) Ordinance 1971 in order to introduce maximum
rent allowances, applicable in respect of single claimants or couples who do
not have children and claimants, living in shared accommodation.
(m) Family
Allowances Ordinance 2012
(Billet d’État No XXI of 2012.
Approved 01.11.12—in force 07.01.13)
This Ordinance amends the rate of family allowance under
the Family Allowances (Guernsey) Law 1950 with
effect on 7 January 2013. On that date the rate will be £15.90 a week.
(n) Attendance
and Invalid Care Allowances Ordinance 2012
(Billet d’État No XXI of 2012.
Approved 01.11.12—in force 07.01.13)
This Ordinance amends rates of allowances under the Attendance
and Invalid Care Allowances (Guernsey) Law 1984
with effect from 7 January 2013.
(o) Image
Rights (Bailiwick of Guernsey) Ordinance 2012
(Billet d’État No XXIII of 2012.
Approved 28.11.12—in force 03.12.12)
This Ordinance is made under the Intellectual Property
(Enabling Provisions) (Bailiwick of Guernsey) Law 2004. Part I consists of
provisions relating to registered personality and image rights including
registration, infringement, ownership and licensing of, and limitations upon,
those rights. Part II deals with moral rights. Part II consists of
administrative and other supplementary provisions including provisions relating
to the creation of the Register of Personalities and Images, the powers and
duties of the Registrar of Intellectual Property, legal proceedings and appeals
and image rights agents. Part IV contains miscellaneous and general provisions.
(p) Machinery
of Government (Transfer of Functions) (Guernsey)
Ordinance 2012
(Billet d’État No XXIII of 2012.
Approved 28.11.12—in force 03.12.12)
This Ordinance transfers the mandate of the Public
Sector Remuneration Committee in relation to States employees to the Policy
Council of the States of Guernsey.
(q) Data
Protection (Bailiwick of Guernsey) (Amendment)
Ordinance 2012
(Billet d’État No XXIII of 2012.
Approved 28.11.12—in force 28.11.12)
This Ordinance amends the Data Protection (Bailiwick
of Guernsey) Law 2001, in order that information relating to criminal
convictions, cautions and related matters provided by the Guernsey Vetting
Bureau falls within the definition of “a relevant record” in s 56
of the Law, thereby prohibiting the production of any records of the Bureau to
another person or third party, unless production is required by law, or
justified in the public interest.
(r) Road Traffic
(Compulsory Third Party Insurance) (Amendment) (Guernsey)
Ordinance 2012
(Billet d’État No XXV of 2012.
Approved 13.12.12—in force 17.12.12)
This Ordinance amends the Road Traffic
(Compulsory Third-Party Insurance) (Guernsey) Ordinance 1972 by repealing the
requirement that the name of the policy holder appears on certain types of
insurance disc and to enable temporary insurance discs to be sent to customers
electronically and printed out at home.
(s) Offences (Fixed
Penalties) (Guernsey) Law 2009 (Amendment)
Ordinance 2012
(Billet d’État No XXV of 2012.
Approved 13.12.12—in force 13.12.12)
This Ordinance makes the offences of carrying a
passenger in front of the seat on a bicycle under s 1(b) of the Ordonnance supplémentaire
à l’Ordonnance ayant rapport au Trafic Véhiculaire en cette
Ile du 2 mars 1929 (le 14 décembre 1929), and the offence of
parking a motor vehicle at the roadside at night under s 1 of the Road Traffic (Motor Vehicles at Roadside by
Night) Ordinance 1974, fixed penalty offences under the Offences (Fixed
Penalties) (Guernsey) Law 2009.
(t) Income Tax (Guernsey)
(Approval of Agreements with Italy
and Latvia)
Ordinance 2012
(Billet d’État No XXV of 2012.
Approved 13.12.12—in force 13.12.12)
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 Italian Republic, signed on 5
September 2012, and the Republic of Latvia, signed on 5 September 2012, for the
purposes of the Income Tax (Guernsey) Law 1975.
3. ORDINANCES,
SUBORDINATE LEGISLATION ETC LAID
BEFORE THE STATES OF DELIBERATION
(a) Republic of Guinea-Bissau
(Restrictive Measures) (Guernsey) Ordinance 2012
(Billet d’État No XX of 2012. Made
by the Legislation Select Committee—in force 31.05.12 and laid on
26.09.12)
(b) Belarus (Freezing of Funds) (Guernsey)
(Amendment) Ordinance 2012
(Billet d’État No XX of 2012. Made
by the Legislation Select Committee—in force 31.05.12 and laid on
26.09.12)
(c) Compulsory Acquisition of Land (Guernsey) (Prescribed Forms) Regulations 2012
(Billet d’État No XX of 2012. Made
by the Treasury and Resources Department—in force 03.07.12 and laid on
26.09.12)
(d) Competition (Calculation of Turnover) (Guernsey) Regulations 2012
(Billet d’État No XX of
2012. Made by the Commerce and Employment Department—in force 01.08.12
and laid on 26.09.12)
(e) Competition (Merger and Opinion Application
Fees) (Guernsey) Regulations 2012
(Billet d’État No XX of 2012. Made
by the Commerce and Employment Department—in force 01.08.12 and laid on 26.09.12)
(f) Competition (Prescribed Mergers and Acquisitions) (Guernsey)
Regulations 2012
(Billet d’État No XX of 2012. Made
by the Commerce and Employment Department—in force 01.08.12 and laid on
26.09.12)
(g) Offences (Fixed Penalties) (Guernsey) Order
2012
(Billet d’État No XX of 2012. Made
by the Home Department—in force on 01.07.12 and laid on 26.09.12)
(h) Data Protection (Processing of Personal
Data) (STSC) Order 2012
(Billet d’État No XX of 2012. Made
by the Home Department—in force on 23.07.12 and laid on 226.09.12)
(i) Social Insurance (Contributions) (Amendment) Regulations 2012
(Billet d’État No XXIII of 2012.
Made by the Social Security Department—in force on 01.10.12 and laid on
28.11.12)
(j) Driving Licences and Driving Tests (Fees) Regulations 2012
(Billet d’État No XXIII of 2012.
Made by the Environment Department—in force on 30.08.12 and laid on
28.11.12)
(k) Land Planning and Development (Fees)
(Amendment) Regulations 2012
(Billet d’État No XXV of 2012.
Made by the Environment Department—in force on 01.10.12 and laid on
13.12.12)
4. LAWS, ORDERS
IN COUNCIL, ETC REGISTERED IN THE
ROYAL COURT OF GUERNSEY
(a) Prison (Enabling Provisions) (Guernsey) Law 2010
(Billet d’Etat
No XX of 2010—registered 05.11.12. In force on day to be appointed by
Ordinance)
(b) Civil Contingencies (Bailiwick of Guernsey) Law 2012
(Billet d’Etat
No IV of 2012—registered 05.11.12. In force on day to be appointed by
Ordinance)
(c) Customs and Excise (General Provisions)
(Bailiwick of Guernsey) (Amendment) Law 2011
(Billet d’Etat
No XV of 2011—registered 05.11.12. In force 05.11.12)
(d) Forfeiture of Money etc in Civil Proceedings
(Bailiwick of Guernsey) (Amendment) Law 2012
(Billet
d’Etat No V of 2012—registered 05.11.12. In force on day to be appointed
by Ordinance)
(e) Sexual Offences (Bailiwick of Guernsey) (Amendment) Law 2011
(Billet d’Etat
No I of 2011—registered 05.11.12. In force 05.11.12)
(f) Wireless Telegraphy and Related Matters (Deemed Registration and
Validation) (Bailiwick of Guernsey) Law 2012
(Billet d’Etat
No V of 2012—registered 05.11.12. In force 05.11.12)
(g) Companies (Alderney)
(Amendment) Law 2012
(States of Alderney Billet d’Etat of 18.07.12—registered 05.11.12. In force
on day to be appointed by Ordinance)
(h) Fees (Alderney)
Law 2011
(States of Alderney Billet d’Etat of 21.09.11—registered 05.11.12. In force
on day to be appointed by Ordinance)
(i) Licensing of Vessels (Alderney) Law
2010
(States of Alderney Billet d’Etat of 21.07.10—registered 05.11.12. In force
on day to be appointed by Ordinance)
(j) Renewable Energy (Alderney)
(Amendment) Law 2011
(States of Alderney Billet d’ Etat of 16.11.11—registered 05.11.12. 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) Republic
of Guinea-Bissau (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 29.08.12—placed before the Private Court on
13.09.12)
(b) Harbours
(Sark) (Amendment) Ordinance 2012
(Made by the Chief Pleas of Sark
on 29.08.12. In force on 30.08.12—placed before the Private Court on 13.09.12)
(c) Tourism
(Sark) (Amendment) Law 2012 (Commencement)
Ordinance 2012
(Made by the Chief Pleas of Sark
on 29.08.12. In force on 29.08.12—placed before the Private Court on 13.09.12)
(d) Reform
(Election of President) (Date of Election) (Sark)
Ordinance 2012
(Made by the Chief Pleas of Sark
on 03.10.12. In force on 03.10.12—placed before the Private Court on 18.10.12)
(e) Reform
(Election of President) (General Provisions) (Sark)
Ordinance 2012
(Made by the Chief Pleas of Sark on
03.10.12. In force on 03.10.12—placed before the Private Court on 18.10.12)
(f) Reform (Sark)
(Amendment) (No 2) Law 2010 (Commencement No 3) Ordinance 2012
(Made by the Chief Pleas of Sark
on 03.10.12. In force on 03.10.12—placed before the Private Court on 18.10.12)
(g) Reform (General Election) (Sark)
Ordinance 2012
(Made by the Chief Pleas of Sark
on 03.10.12. In force on 03.10.12—placed before the Private Court on 18.10.12)
(h) Alderney and Sark (Licensing of Vessels)
(Amendment) (Sark) Law 2010 (Commencement)
Ordinance 2012
(Made by the Chief Pleas of Sark
on 03.10.12. In force on 01.01.13—placed before the Private Court on 18.10.12)
(i) Alderney and Sark (Licensing of Vessels)
(Exemptions) (Sark) Ordinance 2012
(Made by the Chief Pleas of Sark
on 03.10.12. In force on 01.01.13—placed before the Private Court on 18.10.12)
(j) Direct Taxes for 2013(Sark)
Ordinance 2012
(Made by the Chief Pleas of Sark
on 03.10.12. In force on 03.10.12—placed before the Private Court on 18.10.12)
6. RULES OF COURT
(a) Royal Court (Costs and Fees) Rules 2012
(Made 03.12.12. In force 01.01.13)
These Rules repeal the Royal Court (Costs and Fees) Rules 2010,
and make fresh provision for fees, witnesses allowances, taxation of costs and
related matters in respect of proceedings before the Royal Court.
(b) Matrimonial Causes (Costs and Fees) Rules
2012
(Made 03.12.12. In force 01.01.13)
These Rules amend the Matrimonial Causes (Costs and
Fees) Ordinance 2002.
(c) Magistrate’s Court (Fees) (Amendment)
Rules 2012
(Made 03.12.12. In force 01.01.13)
These
Rules amend the Magistrate’s Court (Fees) Rules 1981.
(d) Shorthand Notes and Transcripts (Criminal
Cases) (Amendment) (Guernsey) Rules 2012
(Made 03.12.12. In force 01.01.13)
These Rules amend the Shorthand Notes and Transcripts
(Criminal Cases) (Guernsey) Rules 1964.