Regulation of
Undertakings and Development (Jersey) Law 1973[1]
A LAW to control the carrying on of
undertakings and to regulate further development
Commencement [see
endnotes]
PART 1
INTERPRETATION
1
(1) In this Law –
“development” has
the same meaning as in the Island Planning
(Jersey) Law 1964;[2]
“floor space” means
existing floor space or floor space which will be created, or floor space which
has been or will be created by a related undertaking or related development;
“licence” means a
licence granted under this Law;
“Minister” means the Minister for Economic Development;
“prescribed” means
prescribed by Order made under this Law; [3]
“related development”
means any development which relates or is to relate to the same building as
that to which the development under consideration is to relate or which relates
or is to relate to a building which is or is to be contiguous or adjacent to that
other building and it is or is to be development comprised in, or for the
purposes of, the same scheme or project;
“related undertaking”
means any undertaking which is carried on for the purposes of or in connection
with the undertaking under consideration or any undertaking situated in the
same building, or in a building adjacent or contiguous to the building, in
which the undertaking under consideration is to be carried on and which is
carried on by or on behalf of the same person;
“undertaking” means
any trade, business or profession whether or not carried on for profit.
(2) For
the purposes of this Law, “person”
includes a body corporate and members of a group of bodies corporate shall be
treated as one person.
(3) For
the purposes of this Law, the floor space of any building shall be taken to
be –
(a) in
the case of a dwelling house, the total area of the floor or floors of the
building bounded by the inner surfaces of the main enclosing walls thereof, but
excluding any floor space in the roof which does not comply with Bye Law 100(b)
of the Building Bye-Laws (Jersey) 1960,[4] and any garage, open
verandah, patio or outbuilding;
(b) in
the case of any other building, the total area of all floors measured to the
external faces of the walls.
(4) For
the purposes of Article 2(1)(a), a person also commences a new undertaking
where an exemption under Regulations made under Article 2(3) from the
requirement under that sub-paragraph to hold a licence is no longer available
in respect of that undertaking.[5]
PART 2
REGULATION OF UNDERTAKINGS
2
(1) Subject
to the provisions of this Law, no person shall –
(a) commence
a new undertaking;
(b) increase
the number of persons engaged in an undertaking,
unless the person has been granted a licence so to do.[6]
(2) For
the purposes of paragraph (1)(a), the introduction of any work or service
which is ordinarily incidental to the work or service already performed or
offered by an undertaking shall not be regarded as a change in the nature of
that work or service.[7]
(3) The
States may by Regulations provide for exemptions from any of the provisions of
this Part of this Law.[8]
3[9]
(1) Any
person carrying on an undertaking shall furnish to the Minister such
information on the number and nature of persons engaged in that undertaking, in
such form, at such intervals and with such particulars as may be prescribed.
(2) If
a person fails to comply with an Order under paragraph (1) or furnishes
information in purported compliance with the Order which is false in a material
particular the person shall be guilty of an offence and liable to imprisonment
for a term not exceeding 6 months or to a fine not exceeding level 4 on the
standard scale or where the offence consists of a failure after conviction thereof
to a fine not exceeding level 2 on the standard scale together with a further
fine not exceeding level 1 on the standard scale for each day on which the
offence continues.
PART 3
REGULATION OF DEVELOPMENT
4
(1) Subject
to the provisions of this Law, but notwithstanding the provisions of any other
enactment, no person shall carry out any development unless the person has been
granted a licence authorizing the person so to do:
Provided that nothing in this Part shall apply to any development
being the construction, adaptation or extension of any dwelling house, or any
property intended to be used as a dwelling house, where the amount of floor
space to be provided in any period of 24 months will be 1,500 square feet or
less.[10]
(2) The
States may by Regulations –
(a) vary
the amount of floor space mentioned in paragraph (1);
(b) exempt
from the provisions of this Part such development or class of development as
may be specified in the Regulations.
PART 4
GENERAL
5
An application for a licence shall be in the form required from time
to time by the Minister and shall contain or be accompanied by such particulars
as the Minister may require.
6
(1) The
Minister may grant a licence either unconditionally or subject to such
conditions as he or she considers appropriate, or may refuse the grant of a
licence.
(2) In
deciding whether to grant a licence, to impose conditions, or to refuse to
grant a licence the Minister shall have regard –
(a) to
the need to regulate and manage demand on the resources of Jersey, and to
protect the integrity of Jersey in commercial and financial matters; and
(b) to
the provisions of the Competition (Jersey)
Law 2005[11] and to the decisions and
directions of the Jersey Competition Regulatory Authority made or given under
that Law.[12]
(3) Any
condition attached by the Minister to any licence shall be binding and
enforceable against all persons for the time being having any estate or
interest in the land on which the undertaking is to be operated or on which the
development to which the licence relates is to be carried out.
(4) Where
the Minister refuses the grant of a licence, or attaches any condition to the
grant of a licence, he or she shall furnish to the applicant a statement in
writing of the reasons for that decision.
(5) Subject
to paragraph (6), a licence granted under this Article may be revoked by
the Minister if he or she is satisfied that –
(a) any
information furnished in connection with the application for the licence was
false or misleading in a material particular; or
(b) there
has been a failure to comply with any condition subject to which the licence
was granted.
(6) The
Minister shall not revoke a licence unless he or she has given to the person
for the time being operating the undertaking or carrying out the development to
which the licence relates not less than 14 days notice in writing of the
intention so to do and a statement in writing of the reasons for so doing.
(7) Any
person aggrieved by the decision of the Minister to refuse the grant of a
licence, to revoke a licence or by any condition attached to the licence, may
appeal, either in term or in vacation, to the Royal Court, in the case of a
refusal to grant a licence or the attaching of any condition to the licence,
within 2 months of the date of the notification of the Minister in the
matter, and in the case of a revocation of a licence within 14 days of the
date of the notification of the Minister in the matter on the ground that the
decision of the Minister was unreasonable having regard to all the
circumstances of the case.
(8) If
there is an appeal against revocation of a licence the revocation shall not
take effect either until the appeal is abandoned or determined or until the
expiration of a period of 6 months, whichever event occurs first.
(9) If
any person, after the date a revocation takes effect under this Article,
carries on the undertaking or carries out the development, as the case may be,
in respect of which the licence was granted the person shall be guilty of an
offence and shall be liable to a fine, and if the offence continues after
conviction the person shall be guilty of a further offence and liable to a fine
for each day on which the offence continues.
7[13]
(1) The
Minister may make Orders for prescribing any matter which may be prescribed by
this Law.
(2) An Order
made under this Law may –
(a) make
different provisions in relation to different cases or circumstances;
(b) provide
for exemptions from the requirement to furnish information;
(c) contain
such incidental provisions as the Minister may consider to be necessary or
expedient.
(3) The
Subordinate Legislation (Jersey)
Law 1960[14] shall apply to Orders made
under this Law.
8
If any person contravenes any of the provisions of this Law, or if
any person bound to comply with any condition subject to which a licence is
granted fails to comply with that condition, or if any person, in furnishing
information for the purposes of this Law, makes a statement which is false in
any material particular, the person shall be guilty of an offence and shall be
liable to imprisonment for a term not exceeding 2 years or a fine or both, and
if the offence continues after conviction the person shall be guilty of a further
offence and liable to a fine for each day on which the offence continues.[15]
9
(1) Any
person authorized in that behalf by the Minister may at all reasonable times,
on the production if so required of evidence of the person’s authority,
enter on any land and make such enquiries, take such measurements and require
the production of such documents, as the person thinks necessary in order to
ensure that the provisions of this Law are being complied with.
(2) If
any person obstructs or impedes any person so authorized in the execution of the
person’s duties, the person shall be liable in respect of each offence to
a fine not exceeding level 4 on the standard scale.[16]
10[17]
Neither the States, nor the Minister nor a person who is, or is
acting as, an officer, servant or agent, in an administration of the States for
which the Minister is assigned responsibility, or performing any duty or
exercising any power on behalf of the Minister, shall be liable in damages for
anything done or omitted in the discharge or purported discharge of any
functions under this Law or any enactment made or purportedly made under this
Law, unless it is shown that the act or omission was in bad faith.
11 Accessories and
abettors[18]
Any person who knowingly and wilfully aids, abets, counsels, causes,
procures or commands the commission of an offence punishable under this Law
shall be liable to be dealt with, tried and punished as a principal offender.
12
This Law may be cited as the Regulation of Undertakings and
Development (Jersey) Law 1973.