& Law Review – February 2014

SUMMARY OF LEGISLATION BAILIWICK OF JERSEY

1 September–31 December 2013

1. LAWS ADOPTED BY THE STATES (a) Adoption (Amendment No 6) (Jersey) Law 201- (P.80/2013—adopted in 3rd reading, 11.9.13) This Law removes the restriction that a single male may only adopt a female child if the Royal Court determines that there are special circumstances which justify the adoption. (b) Loi (201-) (Amendement) sur la Voirie (P.70/2013—adopted in 3rd reading, 10.9.13) This Law makes miscellaneous amendments to the Loi (1914) sur la Voirie, regarding penalties, the duties of the and Road Inspectors, and the visite du branchage. (c) Customs and Excise (Amendment No 7) (Jersey) Law 201- (P.85/2013—adopted in 3rd reading, 11.9.13) This Law revises a customs officer’s powers of search of a person suspected of an offence associated with importation. (d) Public Finances (Amendment No 4) (Jersey) Law 201- (P.73/2013—adopted in 3rd reading, 11.9.13) This Law makes miscellaneous amendments to the Public Finances (Jersey) Law 2005, including provisions to establish an Insurance Fund, to establish a central planning capital head of expenditure, to revise the duties of the Treasurer of the States and to incorporate the establishment of the Fiscal Policy Panel and its functions. (e) Motor Vehicle Registration (Amendment No 4) (Jersey) Law 201- (P.95/2013—adopted in 3rd reading, 25.9.13) This Law allows the Minister for Transport and Technical Services to sell the right to display cherished registration marks. (f) Finance (2014 Budget) (Jersey) Law 201- (P.123/2013—adopted in 3rd reading, 5.12.13) This Law sets the rate of income tax for 2014 and amends rates of excise duty, stamp duty, land transaction tax and goods and services tax. (g) Income Tax (Amendment No 43) (Jersey) Law 201- (P.124/2013—adopted in 3rd reading, 5.12.13) This Law amends the Income Tax (Jersey) Law 1961 regarding the form of tax returns and the taxation of distributions and for miscellaneous other purposes. (h) Social Security (Amendment No 21) (Jersey) Law 201- (P.139/2013—adopted in 3rd reading, 11.12.13) This Law amends the Social Security (Jersey) Law 1974 and the Income Tax (Jersey) Law 1961 so as to impose on an individual a surcharge for late payment of a long-term care contribution. (i) Long-Term Care (Health and Social Services Charges) (Jersey) Law 201- (P.141/2013—adopted in 3rd reading, 11.12.13) This Law provides for the charging of fees for long-term care services administered or arranged by the Minister for Health and Social Services. (j) Social Security Hypothecs (Jersey) Law 201- (P.137/2013—adopted in 3rd reading, 11.12.13) This Law creates a new form of legal hypothec for the purpose of securing debts arising under the Long-Term Care (Jersey) Law 2012 and the Income Support (Jersey) Law 2007.

2. LAWS, ORDERS IN COUNCIL, ETC REGISTERED IN THE ROYAL COURT (a) Discrimination (Jersey) Law 2013 (L.10/2013—registered 18.10.13. Not brought into force) (b) Firearms (Amendment No 3) (Jersey) Law 2013 (L.11/2013—registered 18.10.13. In force 25.10.13) (c) Social Housing (Transfer) (Jersey) Law 2013 (L.12/2013—registered 18.10.13. Not brought into force) (d) States of Jersey (Amendment No 6) Law 2013 (L.13/2013—registered 18.10.13. In force 19.10.13) (e) Succession to the Crown (Jersey) Law 2013 (L.14/2013—registered 18.10.13. In force 19.10.13) (f) Trusts (Amendment No 6) (Jersey) Law 2013 (L.15/2013—registered 18.10.13. In force 25.10.13) (g) Wills and Successions (Amendment No 2) (Jersey) Law 2013 (L./16/2013—registered 18.10.13. In force 1.1.14) (h) Adoption (Amendment No 6) (Jersey) Law 2013 (L.17/2013—registered 15.11.13. In force 22.11.13) (i) Customs and Excise (Amendment No 7) (Jersey) Law 2013 (L.18/2013—registered 15.11.13. In force 22.11.13) (j) Motor Vehicle Registration (Amendment No 4) (Jersey) Law 2013 (L.19/2013—registered 15.11.13. In force 22.11.13) (k) Public Finances (Amendment No 4) (Jersey) Law 2013 (L.20/2013—registered 15.11.13. In force 22.11.13) (l) Loi (2013) (Amendement) sur la Voirie (L.21/2013—registered 15.11.13. In force 22.11.13)

3. APPOINTED DAY ACTS (a) Long-Term Care (Jersey) Law 2012 (Appointed Day) Act 2013 (R&O.160/2013—in force 11.12.13) Parts 1, 2 and 5 and arts 16 and 18 in force 12.12.13. Parts 3 and 4 and art 17 (for limited purposes) in force on 1.7.14. (b) Wills and Successions (Amendment No 2) (Jersey) Law 2012 (Appointed Day) Act 2013 (R&O.162/2013—in force 11.12.13) Whole Law brought into force on 1.1.14.

4. REGULATIONS MADE BY THE STATES (a) States of Jersey (Minister for External Relations) (Jersey) Regulations 2013 (R&O.125/2013—in force 10.9.13) These Regulations establish the office of Minister for External Relations and provide for certain functions under enactments to be transferred from the Chief Minister to the Minister for External Relations. (b) Security Interests (Amendment of Law) (No 2) (Jersey) Regulations 2013 (R&O.128/2013—in force 1.10.13) These Regulations amend in the Security Interests (Jersey) Law 2012 the definitions “continuing security interest” and “further advance”. (c) Sea Fisheries (Licensing of Fishing Boats) (Amendment No 6) (Jersey) Regulations 2013 (R&O.132/2013—in force 15.10.13) These Regulations provide for the manner in which licences and permits may be varied, suspended or revoked and for the Minister for Economic Development to have power to classify licences and permits. (d) Income Support (Miscellaneous Provisions) (Jersey) Regulations 2013 (R&O.133/2013—in force 15.10.13) These Regulations revise provisions regarding the eligibility of a person for income support if the person gives up remunerative work without good cause or does not actively seek work. (e) Public Employees (Contributory Retirement Scheme) (Commutation of Small Pensions—Amendments) (Jersey) Regulations 2013 (R&O.136/2013—in force 29.10.13) These Regulations amend 4 sets of Regulations made under the Public Employees (Retirement) (Jersey) Law 1967 to facilitate the commutation of small pensions. (f) Taxation (Exchange of Information with Third Countries) (Amendment No 7) (Jersey) Regulations 2013 (R&O.141/2013—in force 6.11.13) These Regulations limit the scope for appeals under the Taxation (Exchange of Information with Third Countries) (Jersey) Regulations 2008. (g) Community Provisions (Welfare of Animals During Transport) (Jersey) Regulations 2013 (R&O.142/2013—in force 6.2.14) These Regulations implement and provide for the enforcement of Council Regulation (EC) No1255/97 and Council Regulation (EC) No1/2005. (h) Shipping (Safety Code—Yachts and Small Ships) (Jersey) Regulations 2013 (R&O.143/2013—in force 19.11.13) These Regulations these replace the safety codes for vessels, consequentially upon the reclassification of vessels which may be registered in Jersey. (i) Income Tax (Prescribed Limit and Rate) (Jersey) Regulations 2013 (R&O.154/2013—in force 1.1.14) These Regulations set prescribed limits and rates for the purposes of art 135A of the Income Tax (Jersey) Law 1961. (j) Employment (Minimum Wage) (Amendment No 10) (Jersey) Regulations 2013 (R&O.156/2013—in force 1.4.14) These Regulations uprate the maximum amounts taken into account, when calculating an employee’s wage, or the provision of accommodation (with or without food) to the employee by his or her employer. (k) Social Security (Amendment of Law No 6) (Jersey) Regulations 2013 (R&O.157/2013—Regulations 1–11, 12 (for limited purposes) and 13 in force 1.7.14; Regulation 12 (to the extent that it is not already in force) in force 1.1.15) These Regulations amend the Social Security (Jersey) Law 1974 and the Income Tax (Jersey) Law 1961 so as to establish the liability to pay long-term care contributions and provide for the calculation of such contributions and to provide for the collection of long-term care contributions by the Comptroller of Income Tax. (l) Long-Term Care (States Contribution) (Jersey) Regulations 2013 (R&O.158/2013—in force 12.12.13) These Regulations require the States to make an annual contribution to the Long-Term Care Fund and provide for the calculation of the contribution. (m) Long-Term Care (Residency Conditions) (Jersey) Regulations 2013 (R&O.159/2013—in force 12.12.13) These Regulations set out the conditions for residency that must be met be a person as one of the conditions for entitlement to long-term care benefit. (n) Taxation (Exchange of Information with Third Countries) (Amendment No 8) (Jersey) Regulations 2013 (R&O.161/2013—in force 11.12.13) These Regulations give effect to a bilateral tax information exchange agreement with Switzerland.

5. OTHER SUBORDINATE LEGISLATION OF NOTE (a) Act declaring that the Finance (2014 Budget) (Jersey) Law 201- shall have immediate effect (R&O.152/2013—in force 5.12.13) This Act gives effect to the Finance (2014 Budget) (Jersey) Law 201- as if that Law had been registered in the Royal Court. (b) Act declaring that the Income Tax (Amendment No 43) (Jersey) Law 201- shall have immediate effect (R&O.153/2013—in force 5.12.13) This Act gives effect to the Income Tax (Amendment No 43) (Jersey) Law 201- as if that Law had been registered in the Royal Court. (c) Money Laundering (Amendment No 6) (Jersey) Order 2013 (R&O.163/2013—in force 18.12.13) This Order addresses certain recommendations made by the International Monetary Fund in respect of Jersey’s compliance with recommendations of the Financial Action Task Force on Money Laundering. In particular, it revises provisions concerning the application of simplified identification measures and reliance that may be placed on other parties to have performed identification measures, and introduces disclosure provisions that will facilitate sharing of customer information.

BAILIWICK OF GUERNSEY

1 September–31 December 2013

A. GUERNSEY

1. LAWS APPROVED BY THE STATES OF DELIBERATION (a) Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law, 2013 (Billet d’État No XX of 2013. Approved 30.10.13) The Law introduces the requirement for individuals convicted of certain relevant sexual offences to notify Guernsey Police of specified information. The Law creates powers for the Royal Court, and in some circumstances the Magistrates Court, to make orders intended to restrict certain activities of convicted sex offenders or those who pose a risk of sexual harm to children. In addition, the Law introduces measures to assist complainants when giving evidence, such as preventing cross-examination by a defendant in person, restricting cross-examination on the complainant’s previous sexual history and allowing the use of pre-recorded examination-in-chief, as well as introducing a general right to anonymity. Current Multi-Agency Public Protection Arrangements are also put on a statutory basis. (b) Severe Disability and Carers’ Allowance (Guernsey) Law, 2013 (Billet d’État No XXII of 2013. Approved 27.11.13) This Law amends the Attendance and Invalid Care Allowances (Guernsey) Law, 1984 (“the 1984 Law”) and the provisions of certain other Guernsey enactments in order that references to attendance allowance and invalid care allowance will, from the date of commencement of the Projet, become references to severe disability benefit and carer’s allowance, respectively. It is also intended to make amendments to the 1984 Law that will enable the States of Guernsey Social Security Department to make entitlement to carer’s allowance to be subject to conditions in certain circumstances. (c) Limited Liability Partnerships (Guernsey) Law, 2013 (Billet d’État No XXIV of 2013. Approved 11.12.13) This Law enables the formation of limited liability partnerships (“LLPs”) in Guernsey. In addition to the formation of LLPs, the Law provides for the conversion of partnerships to LLPs, the registration of an overseas LLP as a Guernsey LLP and the overseas transfer of a Guernsey LLP. It also creates a power for the States by Ordinance to provide in the future for, inter alia, the conversion of other bodies into LLPs and, conversely, LLPs into other bodies, and for the amalgamation of LLPs. In provisions closely modelled on the Companies (Guernsey) Law, 2008, it also creates a Register of LLPs and the office of Registrar of LLPs and provides for the winding up and dissolution of LLPs and their striking off the Register. Its other provisions—which are broadly consistent with equivalent provisions in other Guernsey commercial legislation—include the creation of several criminal offences, and a civil penalties regime. (d) Loi Relative aux Douits (Amendment) Law, 2013 (Billet d’État No XXIV of 2013. Approved 11.12.13) This Law amends the Law entitled the Loi relative aux Douits of 1936. The amendments provide for defaulters under the Law to be dealt with by way of civil penalties rather than criminal sanction, for appeals to be made to the Appeals Tribunal established under the Parochial Administration Ordinance, 2013 (see 2.(n) below) and create an offence of impeding Parish officials and others in the execution of their duty under the Law. It also amends a provision in the Law providing for the “Central Committee” (the Public Services Department) to execute work on watercourses in certain circumstances for the purpose of making it consistent with modern standards, including human rights safeguards.

2. ORDINANCES APPROVED BY THE STATES OF DELIBERATION (a) Income Tax (Guernsey) (Approval of Agreements with Botswana, British Virgin Islands, Hong Kong, Lesotho, Lithuania and Luxembourg) Ordinance, 2013 (Billet d’État No XVIII of 2013. Approved 26.09.13—in force 26.09.13) This Ordinance specifies the agreements providing for the obtaining and exchanging of information in relation to tax, made for the purposes of the Income Tax (Guernsey) Law, 1975. The agreements specified were made between the States of Guernsey and the Governments of the Republic of Botswana, the British Virgin Islands, the Hong Kong Special Administrative Region of the People’s Republic of China, the Kingdom of Lesotho, the Republic of Lithuania and the Grand Duchy of Luxembourg, and were signed during the period from 28 March–2 July 2013. (b) Seafarer Recruitment and Placement Services (Maritime Labour Convention 2006) (Guernsey and Alderney) Ordinance, 2013 (Billet d’État No XX of 2013. Approved 30.10.13—in force 01.11.13 by the Seafarer Recruitment and Placement Services (Maritime Labour Convention 2006) (Guernsey and Alderney) Ordinance, 2013 (Commencement) Order, 2013) This Ordinance, made under the Employment Agencies (Enabling Provisions) (Bailiwick of Guernsey) Law, 2012, provides for the regulation of maritime recruitment and placement services in Guernsey and Alderney. It is intended to give domestic effect to the provisions of reg 1.4 of the Maritime Labour Convention 2006. It makes provision for the registration and inspection of relevant agencies and employment businesses in Guernsey and Alderney and creates prohibitions on, and obligations owed by, those agencies and businesses. (c) Prison (Guernsey) Ordinance, 2013 (Billet d’État No XX of 2013. Approved 30.10.13—in force 04.11.13) This Ordinance, made under the Prison (Enabling Provisions) (Guernsey) Law, 2010 (“the Law”), sets out the framework of new prison legislation that will replace existing prison legislation. Part I sets out the respective functions of the Department, the Governor, members of the healthcare team and other authorized persons. It provides for registered doctors and registered nurses to be appointed to the healthcare team and for the Department to enter into agreements with other bodies and individuals for the provision of services of authorized persons. Part II provides for the establishment and functions of the Independent Monitoring Panel. Parts III–V provide for the classification and accommodation of prisoners, minimum entitlements of prisoners and remission and temporary release on licence. Part VI sets out offences and penalties and Part VII provides for prisoner custody and discipline. Part VIII provides for miscellaneous matters such as procedures to be followed upon the death of a prisoner or serious injury from attempted suicide, the taking of bodily samples from prisoners, and the power to declare an emergency. This Part also authorizes the Department to make regulations in respect of any matter for which an Ordinance may be made under the Law (as long as it does not contradict any provision of this Ordinance). Transitional provisions provide for the continuation of those persons who are already “in post” (such as the Governor and the medical officer) and for the continuation of the existing Code of Discipline for Prison Officers. (d) Electronic Census (Guernsey) Ordinance, 2013 (Billet d’État No XX of 2013. Approved 30.10.13—in force 30.10.13) This Ordinance enables the Policy Council to appoint a supervisor who may carry out various functions associated with the taking of an electronic census. Under Part I of the Ordinance the supervisor may appoint census officers to assist with the taking of a census and delegate functions to those officers. There is also an obligation placed upon the supervisor and census officers to make declarations of secrecy and powers are created enabling revocation of appointments and the Policy Council to give directions relating to the discharge by the supervisor of his functions under the Ordinance. Part II of the Ordinance contains provisions relating to the taking of an electronic census. These include provisions about information that may be disclosed by Departments for the purposes of the taking of an electronic census, duties of confidentiality and the custody of relevant data obtained further to an electronic census. Part III contains miscellaneous provisions including offence and penalty provisions (e.g. relating to the unlawful disclosure of information obtained for the purposes of an electronic census), interpretation provisions and amendments to income tax, social insurance and related legislation to enable lawful disclosure of information to the census supervisor and census officers. (e) Companies (Guernsey) Law, 2008 (Amendment) Ordinance, 2013 (Billet d’État No XX of 2013. Approved 30.10.13—in force 01.11.13) This Ordinance amends the Companies (Guernsey) Law, 2008 by repealing the requirement that a company with a share capital must provide detailed information regarding the company’s shares as at the 31 December of the previous year as part of its annual validation, permitting a declaration of compliance (annual validation) to be signed by a duly authorized corporate services provider on behalf of a director or secretary of a company and making it a criminal offence to authorize the making of a false, deceptive or misleading declaration. The amendments also permit the passing of an indefinite audit waiver, permit the rescission of an audit waiver at the initiative of a company and provide that the rescission of an audit waiver (whether at the initiative of a company or of the members of a company) shall take effect in a particular financial year if the necessary steps are completed not later than 11 months after the beginning of that financial year. (f) Housing (Control of Occupation) (Extension) Ordinance, 2013 (Billet d’État No XX of 2013. Approved 30.10.13—in force 30.10.13) This Ordinance provides for the Housing (Control of Occupation) (Guernsey) Law, 1994, as amended, to remain in force until 31 December 2018. (g) Copyright and Performers’ Rights (Bailiwick of Guernsey) (Amendment) Ordinance, 2013 (Billet d’État No XX of 2013. Approved 30.10.13—in force 31.10.13) This Ordinance amends the Copyright (Bailiwick of Guernsey) Ordinance, 2005 (“the Copyright Ordinance”) and the Performers’ Rights (Bailiwick of Guernsey) Ordinance, 2005 (the “Performers’ Rights Ordinance”). In particular it repeals ss 88 and 93(3)(a) of the Copyright Ordinance and the related exemptions in paras 19 and 24(2)(a) of Schedule 1 to the Performers’ Rights Ordinance. Section 88 of the Copyright Ordinance provides that it is not an infringement of the copyright in a sound recording to play a sound recording as part of the activities of, or for the benefit of, a club, society, or other organization if the main objects of the organization are charitable or are otherwise concerned with the advancement of religion, education or social welfare. A related exemption provision is detailed in para 19 of Schedule 1 to the Performers’ Rights Ordinance. Section 93(3)(a) of the Copyright Ordinance provides an exception for the free public showing or playing in public of certain sound recordings (referred to as “excepted sound recordings” in the legislation) that form part of the activities of an organization that is not established or conducted for profit. A related exemption provision is detailed in para 24(2)(a) of Schedule 1 to the Performers’ Rights Ordinance. In 2011, the equivalent UK exemption provisions under the UK’s Copyright, Designs and Patents Act, 1988 were repealed pursuant to the UK’s Copyright, Designs and Patents Act 1988 (Amendment) Regulations 2010. (h) Health Service (Benefit) (Nurse Prescribers) Ordinance, 2013 (Billet d’État No XXII of 2013. Approved 27.11.13—in force 01.01.14) This Ordinance amends the Health Service (Benefit) (Limited Lists) Ordinance, 2004 and the Health Service (Benefit) Ordinance, 1990 to allow community nurses employed by the Health and Social Services Department, whose names are held on the Nursing and Midwifery Council’s register, to issue medical prescriptions for the supply of wound management products, as specified in the Limited List. (i) Long-term Care Insurance (Guernsey) (Rates) Ordinance, 2013 (Billet d’État No XXII of 2013. Approved 27.11.13—in force 06.01.14) This Ordinance amends rates of long-term benefit under the Long-term Care Insurance (Guernsey) Law, 2002 with effect on 6 January 2014. (j) Health Service (Benefit) (Amendment) Ordinance, 2013 (Billet d’État No XXII of 2013. Approved 27.11.13—in force 01.01.14) This Ordinance amends prescription charges under the Health Service (Benefit) (Guernsey) Law, 1990 with effect on 1 January 2014. As from that date charges will be £3.30. (k) Social Insurance (Rates of Contribution and Benefits, etc.) Ordinance, 2013 (Billet d’État No XXII of 2013. Approved 27.11.13—s 7 enters into force on 06.01.14. All other sections enter into force on 01.01.14) 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 2014 under the Social Insurance (Guernsey) Law, 1978. With the exception of s 7 (which deals with rates and amounts of benefits and which comes into force on 6 January, 2014), the Ordinance is effective on 1 January 2014. (l) Attendance and Invalid Care Allowances Ordinance, 2013 (Billet d’État No XXII of 2013. Approved 27.11.13—in force 06.01.14) This Ordinance amends rates of allowances under the Attendance and Invalid Care Allowances (Guernsey) Law, 1984 with effect from 6 January 2014. (m) Supplementary Benefit (Implementation) (Amendment) Ordinance, 2013 (Billet d’État No XXII of 2013. Approved 27.11.13—in force 10.01.14) This Ordinance amends rates of supplementary benefit under the Supplementary Benefit (Guernsey) Law, 1971 with effect on 10 January 2014. It further amends the 1971 Ordinance in order to— ii(i) exclude rent from requirements, for the purpose of calculating the amount of supplementary benefit payable, where the rent is payable by householders in occupation of a dwelling inscribed in Part A of the Housing Register established under the Housing (Control of Occupation) (Guernsey) Law, 1994; i(ii) allow the back to work bonus and payments from the Skipton Fund (which was established by the UK Department for Health for the benefit of people suffering from Hepatitis C, contracted from contaminated NHS blood) to be wholly disregarded for the purposes of a claim to supplementary benefit; and (iii) enable resources abandoned to be taken into account for the purpose of calculating the amount of supplementary benefit payable, irrespective of whether the resources are deliberately abandoned or not. (n) Parochial Administration Ordinance, 2013 (Billet d’État No XXIV of 2013. Approved 11.12.13—to be brought into force by way of Order) This Ordinance amends the Ordonnance Générale relative aux Routes, Rues et Chemins of 1840, the Ordonnance ayant rapport à la Construction de Maisons, Salles Publiques et Bâtiments, et au Tracement de Routes et Chemins of 1931, the Ordonnance relative à la Destruction de Rats of 1937 and the Cutting of Hedges Ordinance, 1953. The amendments to the 1953 Ordinance enable the of each Parish to serve a warning notice on a person who infringes obligations relating to the maintenance of hedges under the Ordinance and the imposition of civil penalties for non-compliance with the notice. The Ordinance contains provisions requiring the Constables of each Parish to continue to keep general records of their Parish’s Douzaine and account books and relating to the scrutiny and approval of financial accounts and the approval of Parish accounts by ratepayers and electors. The Ordinance establishes a Parochial Appeals Tribunal with the function of hearing and pronouncing judgments on appeals made against decisions taken by Parish officials and Douzaines under the Ordonnance ayant rapport à la Construction de Maisons, Salles Publiques et Bâtiments, et au Tracement de Routes et Chemins of 1931, the Cutting of Hedges Ordinance, 1953 and the Law entitled the Loi relative aux Douits of 1936. The Ordinance also repeals a number of Ordinances as set out in Schedule 2. (o) Medicines (Human and Veterinary) (Bailiwick of Guernsey) Law, 2008 (Commencement and Amendment) Ordinance, 2013 (Billet d’État No XXIV of 2013. Approved 11.12.13—in force 01.05.14) This Ordinance brings into force Part IV of the Medicines (Human and Veterinary) (Bailiwick of Guernsey) Law, 2008 (“the Law”) which provides for the registration of a body corporate or any other person who carries on the business of a retail pharmacy. The Ordinance also amends the Law to allow only pharmacists who have held UK-registration for 3 years or more to carry on a retail pharmacy business, be a superintendent pharmacist for a body corporate carrying on a pharmacy business, or have personal supervision of a retail pharmacy. An exception is made for pharmacists providing temporary locum cover for a principal pharmacist. Further amendments to the Law made by the Ordinance clarify the powers of the Health and Social Services Department (“HSSD”) to take regulatory action in relation to registration or disqualification, in the event of misconduct or offending by officers or employees of body corporate and superintendent pharmacists and others involved in a retail pharmacy business. Finally, the Ordinance clarifies procedures and grounds for appeal against regulatory decisions of HSSD. (p) Health Service (Specialist Medical Benefit) (Amendment) Ordinance, 2013 (Billet d’État No XXIV of 2013. Approved 11.12.13—in force 01.01.14) This Ordinance amends the Health Service (Specialist Medical Benefit) Ordinance, 1995 and modifies the Health Service (Benefit) (Guernsey) Law, 1990 (“the Law”) in order to enable consultations, treatments, procedures and ancillary entitlements under the Law, to be provided by visiting medical specialists approved by the Social Security Department for the purpose of the Law, as specialist medical benefit. (q) Chief Accountant (Transfer of Functions) (Guernsey) Ordinance, 2013 (Billet d’État No XXIV of 2013. Approved 11.12.13) This Ordinance, made under the Public Functions (Transfer and Performance) (Bailiwick of Guernsey) Law, 1991, substitutes any reference in an enactment to the office of “Chief Accountant” with a reference to “States Treasurer”.

3. ORDINANCES, SUBORDINATE LEGISLATION ETC LAID BEFORE THE STATES OF DELIBERATION (a) Libya (Restrictive Measures) (Guernsey) (Amendment) Ordinance, 2013 (Billet d’État No XVIII of 2013. Made by the Legislation Select Committee—in force on 17.06.13 and laid on 26.09.13) (b) Merchant Shipping (Convention on Limitation of Liability for Maritime Claims) (Bailiwick of Guernsey) Ordinance, 2012 (Commencement) Order, 2013 (Billet d’État No XVIII of 2013. Made by the Public Services Department—in force on 01.07.13 and laid on 26.09.13) (c) Health and Safety (Fees) Order, 2013 (Billet d’État No XVIII of 2013. Made by the Commerce and Employment Department—in force on 04.06.13 and laid on 26.09.13) (d) Bovine Semen (Importation) Order, 2013 (Billet d’État No XVIII of 2013. Made by the Commerce and Employment Department—in force on 01.08.13 and laid on 26.09.13) (e) Health Service (Benefit) (Limited List) (Pharmaceutical Benefit) (Amendment) (No 3) Regulations, 2013 (Billet d’État No XVIII of 2013. Made by the Social Security Department—in force on 23.07.13 and laid on 26.09.13) (f) Al-Qaida (Restrictive Measures) (Guernsey) (Amendment) Ordinance, 2013 (Billet d’État No XX of 2013. Made by the Legislation Select Committee—in force on 27.08.13 and laid on 30.10.13) (g) Financial Services Commission (Administrative Financial Penalties) (Bailiwick of Guernsey) (Amendment) Regulations, 2013 (Billet d’État No XX of 2013. Made by the Guernsey Financial Services Commission—in force on 29.07.13 and laid on 30.10.13) (h) Companies (Notice of Change of Director) (Amendment) Regulations, 2013 (Billet d’État No XX of 2013. Made by the Commerce and Employment Department—in force on 01.08.13 and laid on 30.10.13) (i) Health Service (Benefit) (Limited List) (Pharmaceutical Benefit) (Amendment) (No 4) Regulations, 2013 (Billet d’État No XXII of 2013. Made by the Social Security Department—in force on 03.09.13 and laid on 27.11.13) (j) Export Control (Miscellaneous Goods) (Bailiwick of Guernsey) (Amendment) Order, 2013 (Billet d’État No XXII of 2013. Made by the Home Department—in force on 01.10.13 and laid on 27.11.13) (k) Air Navigation (Restriction of Flying) (Bailiwick of Guernsey) Air Display Regulations, 2013 (Billet d’État No XXII of 2013. Made by the Commerce and Employment Department—in force on 03.09.13 and laid on 27.11.13) (l) Companies (Transitional Provisions) (Amendment) Regulations, 2013 (Billet d’État No XXII of 2013. Made by the Commerce and Employment Department—in force on 02.09.13 and laid on 27.11.13) (m) Air Navigation (Bailiwick of Guernsey) Law, 2012 (Commencement) Regulations, 2013 (Billet d’État No XXII of 2013. Made by the Commerce and Employment Department—in force on 16.09.13 and laid on 27.11.13) (n) Air Navigation (Bailiwick of Guernsey) (Savings and Amendment) Regulations, 2013 (Billet d’État No XXII of 2013. Made by the Commerce and Employment Department—in force on 16.09.13 and laid on 27.11.13) (o) Milk (Retail Prices) (Guernsey) Order, 2013 (Billet d’État No XXII of 2013. Made by the Commerce and Employment Department—in force on 06.10.13 and laid on 27.11.13) (p) Aviation Security (Bailiwick of Guernsey) (Amendment) Direction, 2013 (Billet d’État No XXII of 2013. Made by the Commerce and Employment Department—in force on 17.09.13 and laid on 27.11.13)

4. LAWS, ORDERS IN COUNCIL, ETC REGISTERED IN THE ROYAL COURT OF GUERNSEY (a) Regulation of Health Professions (Enabling Provisions) (Guernsey) Law, 2012 (Billet d’État No IV of 2012—registered 16.09.13. In force 16.09.13) (b) Aviation (Amendment) (Bailiwick of Guernsey) Law, 2012 (Billet d’État No XXV of 2012 —registered 16.09.13. In force 16.09.13) (c) Air Navigation (Bailiwick of Guernsey) Law, 2012 (Billet d’État No XXV of 2012—registered 16.09.13. In force on 16.09.13 (see 3.(m) above)) (d) General Sales Tax (Enabling Provisions) (Guernsey and Alderney) Law, 2009 (Billet d’État No XVI of 2009—registered 16.09.13. In force 16.09.13) (e) Aviation Registry (Guernsey) Law, 2013 (Billet d’État No XII of 2013—registered 21.10.13. In force 21.10.13) (f) Regulation of Health Professions (Enabling Provisions) (Sark) Law, 2012 (Chief Pleas 18.01.12—registered 11.11.13. In force 11.11.13) (g) Motor Vehicles (Sark) Law, 2013 (Chief Pleas 10.04.13—registered 11.11.13. In force on day to be appointed by Ordinance) (h) Road Traffic Offences (Motor Vehicles and Bicycles) (Sark) Law, 2013 (Chief Pleas 10.04.13 —registered 11.11.13. 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) Employment Agencies (Enabling Provisions) (Bailiwick of Guernsey) Law, 2012 (Commencement) (Sark) Ordinance, 2013 (Made by the Chief Pleas of Sark on 02.10.13. In force on 02.10.13—placed before the Private Court on 07.11.13) (b) Reform (By-Election) (Sark) Ordinance, 2013 (Made by the Chief Pleas of Sark on 02.10.13. In force on 02.10.13—placed before the Private Court on 07.11.13) (c) Direct Taxes for 2014 (Sark) Ordinance, 2013 (Made by the Chief Pleas of Sark on 02.10.13. In force on 02.10.13—placed before the Private Court on 07.11.13)

6. RULES OF COURT (a) Criminal Justice (Proceeds of Crime) Rules, 2013 (Made 03.12.12. In force 01.01.13). These Rules, made under the Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999, provide for the constitution of the Royal Court when performing functions under Part I of the Law. B. ALDERNEY

1. LAWS APPROVED BY THE STATES OF ALDERNEY (a) Debt Relief (Developing Countries) (Guernsey and Alderney) Law, 2013 (Billet d’État 18.09.13 Approved 18.09.13) This Law was approved by the States of Deliberation of Guernsey on 26.06.13 (see Chapter A1.(a) of the entries relating to Guernsey in the Law Review covering the period 1 May to 31 August, 2013). (b) Government of Alderney (Amendment) Law, 2013 (Billet d’État 18.09.13 Approved 18.09.13) This Law amends the Government of Alderney Law, 2004 by the insertion of a new section entitled “code of conduct” to give the States of Alderney express power by resolution to adopt (and subsequently amend, revoke or replace) a code of conduct prescribing or, as may be appropriate, regulating the duties, standards, propriety and conduct, in public life, of members of the States. This places the States of Alderney’s current code of conduct, adopted by resolution of the assembly, on a statutory footing. (c) Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law, 2013 (Billet d’État 18.12.13. Approved 18.12.13) This Law was approved by the States of Deliberation of Guernsey on 30.10.13 (see Chapter A1.(a) above).

2. ORDINANCES APPROVED BY THE STATES OF ALDERNEY (a) Housing (Exemptions) (No 2) (Alderney) Ordinance, 2013 (Billet d’État 18.09.13. Approved 18.09.13—in force 18.09.13) (b) Libya (Restrictive Measures) (Alderney) (Amendment) Ordinance, 2013 (Billet d’État 18.09.13. Approved 18.09.13—in force 18.09.13) (c) Occupiers’ Rate (Level for 2014) Ordinance, 2013 (Billet d’État 23.10.13. Approved 23.10.13—in force 01.01.14) (d) States Water Supply (Rates of Charge) (Alderney) Ordinance, 2013 (Billet d’État 23.10.13. Approved 23.10.13—in force 26.12.13) (e) Companies (Alderney) Law (Fees) Ordinance, 2013 (Billet d’État 23.10.13. Approved 23.10.13—in force 01.01.14) (f) Al-Qaida (Restrictive Measures) (Alderney)) Ordinance, 2013 (Billet d’État 23.10.13. Approved 23.10.13—in force 23.10.13) SUMMARY OF LEGISLATION: ALDERNEY

(g) European Communities (Implementation of Council Regulations on Nutrition and Health Claims) (Alderney) Ordinance, 2014 (Billet d’État 18.12.13. Approved 18.12.13—in force 01.04.14) (h) European Communities (Implementation of Food Supplements Directive) (Alderney) Ordinance, 2014 (Billet d’État 18.12.13. Approved 18.12.13—in force 01.04.14)

C. SARK

1. LAWS APPROVED BY THE CHIEF PLEAS OF SARK (a) Marriage (Special Licences) (Sark) Law, 2013 (Approved 02.10.13) This Law modifies, in relation to Sark, the Law entitled the Loi ayant rapport aux Mariages Célébrés dans L’Ile de Guernesey et dans les Iles d’Auregny et de Serk, 1919. In particular, the modifications enable a marriage solemnized by special licence to take place, in addition to the buildings mentioned in art 18 of the 1919 Law, in any building or other place on Sark approved by the Registrar-General and enable the Chief Pleas by Ordinance to amend the period of residence in Sark which is required before notice of marriage by special licence may be given. (b) Housing (Control of Occupation) (Sark) (Amendment) Law, 2013 (Approved 02.10.13) This Law amends the Housing (Control of Occupation) (Sark) Law, 2011, by inserting a definition of “ordinarily resident”, and providing that a person shall be regarded as ordinarily resident in any year if he is in Sark for an aggregate of at least 273 days. Allowance is made for absences from Sark due to reasons of education, medical treatment, imprisonment or service in the armed forces.

2. ORDINANCES APPROVED BY THE CHIEF PLEAS OF SARK (a) Employment Agencies (Enabling Provisions) (Bailiwick of Guernsey) Law, 2012 (Commencement) (Sark) Ordinance, 2013 (Approved 02.10.13—in force 02.10.13) (b) Reform (By-Election) (Sark) Ordinance, 2013 (Approved 02.10.13—in force 02.10.13) (c) Direct Taxes for 2014 (Sark) Ordinance, 2013 (Approved 02.10.13—in force 02.10.13) 3. ORDINANCES LAID BEFORE THE CHIEF PLEAS OF SARK (a) Myanmar/Burma (Restrictive Measures) (Sark) Ordinance, 2013 (Made by General Purposes and Advisory Committee in exercise of its powers under s 41 of the Reform (Sark) Law, 2008. In force on 04.06.13. Laid before the Chief Pleas of Sark on 02.10.13) (b) Libya (Restrictive Measures) (Sark) (Amendment) Ordinance, 2013 (Made by General Purposes and Advisory Committee in exercise of its powers under s 41 of the Reform (Sark) Law, 2008. In force on 10.06.13. Laid before the Chief Pleas of Sark on 02.10.13)