Royal
Court and Stamp Duties and Fees (Jersey) Amendment Law 202-
Adopted
by the States 12 November 2024
Sanctioned
by Order of His Majesty in Council [date to be inserted]
Registered by the Royal Court [date to be inserted]
Coming into force [date to be inserted]
THE STATES, subject to the sanction of His Most
Excellent Majesty in Council, have adopted the following Law –
1 Royal Court (Jersey) Law
1948 Articles 8A and 8B inserted
After Article 8 of
the Royal
Court (Jersey) Law 1948 there is inserted –
(1) The
Bailiff must distribute the whole of an annual sum, known as the Jurats’
honorarium, of an amount agreed by the Minister for Treasury and Resources, amongst
the Jurats each calendar year –
(a) at whatever times that the
Bailiff considers appropriate; and
(b) as the Bailiff considers
appropriate in the particular circumstances, including the length of service by
each Jurat during that year.
(2) The
Bailiff must review the Jurats’ honorarium annually, having regard to the
percentage change, if any, in the RPI during the previous calendar year and if
the Bailiff considers it appropriate after consulting the Minister for Treasury
and Resources, the amount of the honorarium may be varied.
(3) In
this Article “RPI” means the means the Retail Prices Index published by the
Office of the Chief Statistician constituted under Article 5(1) of the Statistics and
Census (Jersey) Law 2018.
8B Jurats’ stamps: transitional provision
(1) Any
Jurats’ stamps issued by the Treasurer of the States under Article 1(2) of
the Loi
(1938) sur les honoraires des Jurés-Justiciers
that have not been affixed to a chargeable document (within the meaning of that
Loi) before the commencement of the Royal Court and Stamp Duties and Fees
(Jersey) Amendment Law 202- (the “Amendment Law”) –
(a) during the 3 months following
that commencement –
(i) remain valid for affixing
to a chargeable document, or
(ii) if not so affixed or if
the document is not used, may be returned to the Judicial Greffe in return for
a refund by the Treasurer of the States of the amount paid for them; or
(b) may be destroyed or
preserved according to the direction of the Treasurer of the States.
(2) This
Article expires 3 months after the day on which the Amendment Law
commences.”.
2 Stamp Duties and Fees
(Jersey) Law 1998 amended
(1) This
Article amends the Stamp Duties and
Fees (Jersey) Law 1998.
(2) In
Article 1 (interpretation) –
(a) for the definition
“chargeable document” there is substituted –
“ “chargeable document” means a document in respect of which stamp
duty is payable in accordance with Article 2 and a Schedule;”;
(b) in the definition
“designated officer”, for “fourth column of the Schedule” there is substituted
“final column of a table in a Schedule”;
(c) for the definition “stamp”
there is substituted –
“ “stamp” means a receipt issued in return for the payment of stamp
duty;”;
(d) in the definition “stamp
duty”, for “the Schedule” there is substituted “a Schedule”.
(3) For
Article 9(2) (refund of stamp duty) there is substituted –
“(2) No
refund may be made –
(a) in respect of a billet
which has been cassé; or
(b) in respect of stamp duty
paid in accordance with items 2, 4, 4A, 5, 7, 11, 17,
18, 27, 28, 30, 31, 35, 35A, 36, 38, 40A, 42 and 47 in paragraph 3 (tables of judicial
fees) of Schedule 1 regardless of whether a
hearing ever takes place.
(3) Despite
paragraph (2)(b), if on the application of the person who has paid the
stamp duty within 12 months of the payment, the designated officer
considers that the particular circumstances would make it just to do so, that
officer may reduce or remit the whole or part of that duty.
(4) Despite
Article 10, the decision of the designated officer under paragraph (3)
is final.”.
(4) In
Article 10(2) (determinations and appeals) after “Article 6” there is
inserted “and Article 9(4)”.
(5) Article 12A (transitional provision) is deleted.
(6) The
Schedules are amended in accordance with the Schedule to this Law.
3 Repeal
of Loi (1938) sur les honoraires des Jurés-Justiciers
The Loi (1938) sur les honoraires
des Jurés-Justiciers is repealed.
4 Citation and
commencement
This Law may be cited as
the Royal Court and Stamp Duties and Fees (Jersey) Amendment Law 202- and comes
into force on a day to be specified by the Minister for Treasury and Resources
by Order.
Schedule
(Article 2(6))
Schedules amended
1 Schedule
1 (judicial fees) amended
(1) In paragraph 1 of Schedule 1 (lettered
rates), for sub-paragraphs (a) to (p) there is substituted –
“(a) by
rate A, £2;
(b) by
rate B, £18;
(c) by
rate C, £43;
(d) by
rate D, £52;
(e) by
rate E, £75;
(f) by
rate F, £104;
(g) by
rate G, £151;
(h) by
rate H, £191;
(i) by
rate I, £255;
(j) by
rate J, £383;
(k) by
rate K, £464;
(l) by
rate L, £638;
(m) by
rate M, £870;
(n) by
rate N, £1,160;
(o) by
rate O, £1,450;
(p) by
rate P, £1,740;
(q) by
rate Q, £5,000.”.
(2) In paragraph 3 (tables of judicial fees) –
(a) in item 1
(acknowledgement of debt on table or au Greffe) of the table –
(i) in paragraphs (ba)(i), (ii)(I) and
(d) for “rate F” in the third column there is substituted “£90”,
(ii) in the proviso to paragraph (d),
in sub-paragraph (A) for “rate F” there is substituted “£90”;
(b) in item 2 (actions)
of the table –
(i) in paragraph (2)(a)(ii) after “£2 million”
there is inserted “but does not exceed £10 million”,
(ii) after the row including
paragraph (2)(a)(ii) there is inserted –
|
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“(iii) where
the value of the claim or the value of the assets affected by the claim
exceeds £10 million
|
rate Q
|
Billet
or application
|
Greffier”,
|
(iii) in paragraph (2)(d)(ii)
after “£2 million” there is inserted “but does not exceed £10 million”,
(iv) after the row including
paragraph (2)(d)(ii) there is inserted –
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“(iii) where
the value of the claim or the value of the assets affected by the claim
exceeds £10 million
|
rate Q
|
Application
|
Greffier”,
|
(v) in paragraph (2)(e)(vi) after “£2 million”
there is inserted “but does not exceed £10 million”,
(vi) after the row including
paragraph (2)(e)(vi) there is inserted –
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|
“(vii) where
the value of the claim or the value of the assets affected by the claim
exceeds £10 million
|
rate Q
|
Billet
or application
|
Greffier”;
|
(c) in item 13
(contracts) in paragraphs (d1), (q), (t) and (u) for “rate F” in the third
column there is substituted “£90”;
(d) in item 31 (orders
of justice and provisional orders) –
(i) in paragraph (a)(ii) after “£2 million”
there is inserted “but does not exceed £10 million”,
(ii) after the row including
paragraph (a)(ii) there is inserted –
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“(iii) where the value of the claim or the value
of the assets affected by the claim exceeds £10 million
|
rate Q
|
Order of justice
|
Bailiff”,
|
(iii) in paragraph (b)(i)(B)
after “£2 million” there is inserted “but does not exceed £10 million”,
(iv) after the row including
paragraph (b)(i)(B) there is inserted –
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“(C) where
the value of the claim or the value of the assets affected by the claim
exceeds £10 million
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rate Q
|
Provisional order
|
Bailiff”;
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(e) in item 36
(remonstrance, representation or doléance) –
(i) in paragraph (a)(ii) after “£2 million”
there is inserted “but does not exceed £10 million”,
(ii) after the row including
paragraph (a)(ii) there is inserted –
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“(iii) where the value of the assets affected by
the remonstrance, representation or doléance
exceeds £10 million
|
rate Q
|
Remonstrance, representation or doléance
|
Greffier”,
|
(iii) in paragraph (b)(ii)
after “£2 million” there is inserted “but does not exceed £10 million”,
(iv) after the row including
paragraph (b)(ii) there is inserted –
|
|
“(iii) where the value of the assets affected by
the remonstrance, representation or doléance
exceeds £10 million
|
rate Q
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Remonstrance, representation or doléance
|
Greffier”.
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2 Schedule
2 (fees in matrimonial and civil partnership proceedings) amended
In paragraph 1 of Schedule 2 (lettered rates), for
sub-paragraphs (a) to (m) there is substituted –
(a) by rate A, £1;
(b) by rate B, £20;
(c) by rate C, £40;
(d) by rate D, £54;
(e) by rate E, £80;
(f) by rate F, £107;
(g) by rate G, £161;
(h) by rate H, £201;
(i) by rate I, £268;
(j) by rate J, £402;
(k) by rate K, £482;
(l) by rate L, £670;
(m) by rate M, £2,010.
3 Schedule
3 (probate fees) amended
In paragraph 1 of Schedule 3 (lettered rates), for
sub-paragraphs (a) to (m) there is substituted –
(a) by rate A, £1;
(b) by rate B, £20;
(c) by rate C, £40;
(d) by rate D, £54;
(e) by rate E, £80;
(f) by rate F, £107;
(g) by rate G, £161;
(h) by rate H, £201;
(i) by rate I, £268;
(j) by rate J, £402;
(k) by rate K, £482;
(l) by rate L, £670;
(m) by rate M, £2,010.