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Jersey & Guernsey Law Review | Summary of Legislation

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Jersey & Guernsey Law Review | Summary of Legislation Jersey & Guernsey 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 Roads Committee 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.
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