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Control of Housing
and Work (Fees) (Jersey) Order 2013
1 Interpretation
(1) In this
Order –
“Law” means the Control of Housing and Work (Jersey)
Law 2012;
“non-profit undertaking” means any of the
following –
(a) an
organization which falls within the definition “non-profit
organization” in Article 1 of the Non-Profit Organizations (Jersey) Law 2008 (whether
or not it is registered under that Law);
(b) a
States body as defined in the Public Finances (Jersey) Law 2019;
(c) a
parish;
“non-resident hawker” means a hawker who –
(a) is
not ordinarily resident in Jersey; or
(b) does
not have any permanent business premises in Jersey;
“non-resident undertaking” means an
undertaking where –
(a) if
only one person works for the undertaking, that person is not ordinarily resident
in Jersey; or
(b) if
more than one person works for the undertaking, all or the
majority of the persons working in or for the undertaking are not
ordinarily resident in Jersey;
“Regulations” means the Control of Housing and Work (Residential and
Employment Status) (Jersey) Regulations 2013.[2]
(2) In this Order,
references to a residential and employment status are to that status as
determined in accordance with the Regulations.
2 Fee
to accompany an application for a registration card
(1) The fee to accompany an
application for a registration card by a person who has Licensed or Registered
status is £86 if –
(a) prior
to the application, the person has never been issued with a registration card;
and
(b) at
the date of the application, the person is not less than 19 years of age.[3]
(2) The fee to accompany an
application for a registration card by a person who has been granted Entitled
status under Regulation 2(1)(e) of the Regulations is £10,250 if –
(a) prior
to the application the person has never been granted Entitled status under
Regulation 2(1)(e) and issued with a registration card recording Entitled
status; and
(b) the
person was not ordinarily resident in Jersey for a continuous period of
3 months or more immediately before the date that the Law came into force.[4]
(3) [5]
(4) [6]
2A Fee to
accompany application by legal person for consent to acquire land[7]
The fee to accompany an
application by a legal person for consent to acquire land as a party to a
specified transaction is £538, if the consideration agreed in respect of the acquisition is
£25,000 or more.
3 Fee
to accompany an application for a business licence by non-resident
undertaking[8]
(1) Where
an application is made for a business licence by a non-resident undertaking,
the fee to accompany the application is the fee listed in column 2 of the
following table, opposite the entry in column 1 of the table stating the
number of days for which, during the period of 12 months beginning with
the date of grant of the licence, the undertaking proposes to operate in Jersey[9] –
|
|
up to 30 days
|
£621
|
31 to 60 days
|
£1,243
|
61 to 90 days
|
£1,864
|
91 to 180 days
|
£2,486
|
181 to 270 days
|
£3,418
|
271 days or more
|
£4,351
|
(2) Upon an application such as described in
paragraph (1), no licence shall be granted for any period exceeding
12 months.[10]
4 Fee
to accompany an application for a non-resident trading licence or a
non-resident hawker’s licence
(1) The fee to accompany an
application for a non-resident trading licence or an application for a
hawker’s licence where the applicant is a non-resident hawker is £1,243.[11]
(2) No fee shall be payable
under paragraph (1) if the application is by an undertaking which is
either or both of the following –
(a) a
non-profit undertaking; or
(b) an
undertaking which brings cultural benefit to Jersey.
5 Annual
charge in respect of Licensed persons
(1) The annual charge for a
Licensed person permitted to work in or for an undertaking by the business
licence of the undertaking is £241 in respect of each Licensed
person.[12]
(2) An annual charge
payable under this Article –
(a) is
payable in respect of each Licensed person permitted by an undertaking’s
business licence to work in or for the undertaking on 1st November in any year,
regardless of the number of such persons working for the undertaking on that
day; and
(b) must
be paid by 31st December in that same year.[13]
(3) A charge is not payable
under this Article by a non-profit undertaking.
5A Annual
charge in respect of Registered persons[14]
(1) The annual charge for a
Registered person who is permitted to work for an undertaking which is an
employment agency by the business licence of that undertaking (including, for
the avoidance of doubt, any such person whose labour is supplied by an
employment agency to any other undertaking) is £538 in respect of
each Registered person.[15]
(2) The annual charge for a
Registered person who is permitted, by the undertaking’s business
licence, to work in or for an undertaking of any kind other than an employment
agency as mentioned in paragraph (1) is £53.80 in respect of
each Registered person.[16]
(3) An annual charge
payable under this Article is payable in respect of each Registered person
permitted by an undertaking’s business licence to work in or for the
undertaking –
(a) on
such date as may be agreed by the Minister –
(i) on
social or economic grounds,
(ii) whether
generally or in relation to a particular undertaking or class of undertakings,
and
(iii) in
consultation with such undertakings as may be concerned; or
(b) in
the absence of any such agreement as mentioned in sub-paragraph (a), in
accordance with paragraph (5).
(4) An agreement between
the Minister and an undertaking under paragraph (3) must specify the date
by which the annual charge must be paid, being a date no earlier than
60 days from the date on which that charge becomes payable in accordance
with the agreement.
(5) Where the Minister does
not enter into an agreement under paragraph (3), an annual charge payable
under this Article –
(a) is
payable in respect of each Registered person permitted by an
undertaking’s business licence to work in or for the undertaking, on 1st
November in any year; and
(b) must
be paid by 31st December in that same year.
(6) In this Article
“employment agency” has the meaning given by Article 1 of the Employment Agencies (Registration) (Jersey)
Law 1969, except that a reference under paragraph (1)(b) of that
Article to acting as office staff or domestic staff is to be read as a
reference to working for any other undertaking.[17]
6 Citation
This Order may be cited as the Control of Housing and Work (Fees)
(Jersey) Order 2013.
[1] Preamble amended
by R&O.61/2017
[2] Article 1(1) amended
by L.10/2019
[3] Article 2(1) substituted
by R&O.61/2017, amended by R&O.101/2022, R&O.115/2023,
R&O.89/2024
[4] Article 2(2) renumbered
and amended by R&O.61/2017, amended by R&O.155/2021, R&O.101/2022,
R&O.115/2023, R&O.89/2024
[5] Article 2(3) deleted
by R&O.61/2017
[6] Article 2(4) deleted
by R&O.61/2017
[7] Article 2A inserted
by R&O.61/2017, amended by R&O.101/2022, R&O.115/2023,
R&O.89/2024
[8] Article 3 heading
amended by R&O.89/2024
[9] Article 3(1) numbered
and substituted by R&O.61/2017, amended by R&O.155/2021,
R&O.101/2022, R&O.115/2023, R&O.89/2024
[10] Article 3(2) numbered
and substituted by R&O.61/2017
[11] Article 4(1) amended
by R&O.155/2021, R&O.101/2022, R&O.115/2023, R&O.89/2024
[12] Article 5(1) amended
by R&O.61/2017, R&O.101/2022, R&O.115/2023, R&O.89/2024
[13] Article 5(2) substituted
by R&O.61/2017
[14] Article 5A inserted
by R&O.103/2017
[15] Article 5A(1) amended
by R&O.101/2022, R&O.115/2023, R&O.89/2024
[16] Article 5A(2) amended
by R&O.101/2022, R&O.115/2023, R&O.89/2024
[17] Article 5A(6) substituted
by R&O.44/2021