THE JERSEY & GUERNSEY LAW REVIEW 2016 SUMMARY OF LEGISLATION BAILIWICK OF JERSEY 1 January–30 April 2016 1. LAWS ADOPTED BY THE STATES (a) Planning and Building (Amendment No 7) (Jersey) Law 201- (P.142/2015—adopted in 3rd reading, 19.1.16) This Law renames the Planning Applications Committee as the Planning Committee and makes miscellaneous other amendments in relation to planning and building procedures. (b) Road Works and Events (Jersey) Law 201- (P.152/2015—adopted in 3rd reading, 20.1.16) This Law establishes a cohesive system for the purpose of regulating road works and events involving highway authorities, utility companies and persons organizing events affecting road use. (c) Debt Remission (Individuals) (Jersey) Law 201- (P.153/2015—adopted in 3rd reading, 2.2.16) This Law allows a debt remission order to be made in specified cases where an individual’s debts do not exceed £20,000. (d) Dogs (Amendment No 4) (Jersey) Law 201- (P.157/2015—adopted in 3rd reading, 2.2.16) This Law gives police officers the power to seize any dog believed to be dangerously out of control and creates a new offence against such a dog’s owner. (e) Financial Regulation (Miscellaneous Provisions No 3) (Jersey) 201- (P.162/2015—adopted in 3rd reading, 23.2.16) This Law makes amendments relating to revocation of registrations on request, the withdrawal of directions, the definitions relating to shareholding, the provision of reports by professionals and the widening of the scope of communication afforded protection when disclosed. (f) Children’s Property and Tuteurs (Jersey) Law 201- (P.156/2015—adopted in 3rd reading, 12.4.16) This Law makes provision for the appointment and duties of tuteurs and empowers the Royal Court to give directions regarding a minor’s property, whether or not a tuteur has been appointed in relation to the property. (g) Aircraft Registration (Amendment) (Jersey) Law 201- (P.7/2016—adopted in 3rd reading, 12.4.16) 232 SUMMARY OF LEGISLATION: JERSEY This Law makes provision so that the restrictions on an aircraft becoming registered will also apply to the continuation of the registration of the aircraft. (h) Animal Health (Jersey) Law 201- (P.17/2016—adopted in 3rd reading, 12.4.16) This Law establishes a new framework for the control of diseases in animals and birds. (i) Intellectual Property (Plant Varieties) (Jersey) Law 201- (P.20/2016—adopted in 3rd reading, 12.4.16) This Law establishes a scheme for the registration of new plant varieties which is required for compliance with the World Trade Organization agreement on Trade-Related Aspects of Intellectual Property Rights and the Acts of the International Union for the Protection of New Varieties of Plants. (j) Draft Extradition (Amendment) (Jersey) Law 201- (P.26/2016—adopted in 3rd reading, 26.4.16) This Law amends the Extradition (Jersey) Law 2004 so as to bring it in line with changes made by the United Kingdom to its legislation concerning extradition. 2. LAWS, ORDERS IN COUNCIL, ETC REGISTERED IN THE ROYAL COURT (a) Criminal Justice (Miscellaneous Provisions) (Jersey) Law 2016 (L.1/2016—registered 19.2.16. Not in force) (b) Employment (Amendment No 9) (Jersey) Law 2016 (L.2/201—registered 19.2.16. In force 20.02.16) (c) Finance (2016 Budget) (Jersey) Law 2016 (L.3 /2016—registered 19.2.16. In force 1.1.16 except arts 14 and 16 in force 20.10.15; art 9 in force 1.1.17; art 8 in force 1.1.18 and art 5 in force 1.1.26) (d) Income Tax (Amendment No 45) (Jersey) Law 2016 (L.4/2016—registered 19.2.16. In force 26.2.16) (e) Veterinary Surgeons (Amendment No 2) (Jersey) Law 2016 (L.5/2016—registered 19.2.16. In force 26.2.16) (f) Debt Remission (Individuals) (Jersey) Law 2016 (L.6/2016—registered 1.4.16. In force 8.4.16) (g) Dogs (Amendment No 4) (Jersey) Law 2016 (L.7/2016—registered 1.4.16. In force 1.5.16) (h) Financial Regulation (Miscellaneous Provisions No 3) (Jersey) Law 2016 (L.8/2016—registered 15.4.16. In force 22.4.16) 233 THE JERSEY & GUERNSEY LAW REVIEW 2016 (i) International Criminal Court (Amendment) (Jersey) Law 2016 (L.9/2016—registered 15.4.16. In force 22.4.16) 3. APPOINTED DAY ACTS (a) Dentistry (Jersey) Law 2015 (Appointed Day) Act 2016 (R&O.22/2016—in force 23.2.16) Whole Law brought into force on 24th February 2016. 4. REGULATIONS MADE BY THE STATES (a) Policing of Roads (Amendment No 9) (Jersey) Regulations 2016 (R&O.5/2016—in force 26.1.16) These Regulations allow the Connétables to appoint authorized persons to enforce the Policing of Roads (Jersey) Regulations 1959 by making it an offence for any person to fail to give his or her name and address if asked by an authorized person who believes the person has contravened those Regulations. (b) Health and Safety (Management in Construction) (Jersey) Regulations 2016 (R&O.13/2016—in force 1.10.16) These Regulations set out detailed requirements for ensuring health and safety in the construction industry by requiring risks to be systematically identified and controlled. (c) Taxation (Implementation) (International Tax Compliance) (United States of America) (Amendment) (Jersey) Regulations 2016 (R&O.23/2016—in force 1.3.16) These Regulations introduce civil penalties in place of the existing criminal offences for breach of the Taxation (Implementation) (International Tax Compliance) (United States of America) (Jersey) Regulations 2014 which they amend. (d) Taxation (Implementation) (International Tax Compliance) (United Kingdom) (Amendment) (Jersey) Regulations 2016 (R&O.24/2016—in force 1.3.16) These Regulations introduce civil penalties in place of the existing criminal offences for breach of the Taxation (Implementation) (International Tax Compliance) (United Kingdom) (Jersey) Regulations 2014 and amend those Regulations to take account of the requirements of the Taxation (Implementation) (International Tax Compliance) (Common Reporting Standard) (Jersey) Regulations 2016. (e) EU Legislation (Veterinary Checks—Imports from Third Countries) (Jersey) Regulations 2016 (R&O.32/2016—in force 22.4.16) These Regulations implement Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of 234 SUMMARY OF LEGISLATION: JERSEY veterinary checks on animals entering the Community from third countries. These Regulations do not apply to family pets transported for non-commercial purposes. (f) EU Legislation (Veterinary and Zootechnical Checks—Trade with Member States) (Jersey) Regulations 2016 (R&O.33/2016—in force 22.4.16) These Regulations implement Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in live animals and certain animal products with a view to the completion of the internal market. (g) Pet Travel Scheme (Amendment No 2) (Jersey) Regulations 2016 (R&O.41/2016—in force 19.4.16) These Regulations give further effect to Regulation (EU) No 576/2013 of 12 June 2013 on the non-commercial movement of pet animals in particular by making it an offence for any person to bring into Jersey a dog, cat or ferret in breach of the EU Regulation. (h) EU Legislation (Aquatic Animal Health) (Jersey) Regulations 2016 (R&O.42/2016—in force 26.4.16 except Regulation 3(1) in force 24.5.16 and Regulation 10(1) in force 12.7.16) These Regulations replace the Fish Health (Jersey) Regulations 1999 to implement Council Directive 2006/88/EC and related EU legislation by imposing restrictions on placing aquaculture animals on the market, making certain diseases notifiable and providing designated areas around suspected outbreaks of disease. (i) Education (Provided Schools—Amendment of Law) (Jersey) Regulations 2016 (R&O.49/2016—in force 31.8.16) These Regulations amend the Education (Jersey) Law 1999 to change the name of Jersey College for Girls Preparatory School to “Jersey College Preparatory School” and delete the entry relating to St. James’ School from the list of provided schools in that Law. (j) Protection of Children (Nicotine Inhaling Products) (Jersey) Regulations 2016 (R&O.50/2016—in force 3.5.16) These Regulations prohibit the supply of nicotine inhaling products (including “e-cigarettes”), and their component parts to persons under the age of 18 years. 5. OTHER SUBORDINATE LEGISLATION OF NOTE None. 235 THE JERSEY & GUERNSEY LAW REVIEW 2016 BAILIWICK OF GUERNSEY 1 January–30 April 2016 A. GUERNSEY 1. LAWS APPROVED BY THE STATES OF DELIBERATION (a) Firearms (Guernsey) (Amendment) Law 2016 (Billet d’État No I of 2016. Approved 26.01.16) This Law amends the Firearms (Guernsey) Law 1998 by creating a number of additional prohibitions on the possession of, and new offences relating to, firearms and imitation firearms. The Law also inserts provisions into the 1998 Law which create additional powers for the police and the courts when dealing with firearms offences and investigations into alleged offences. (b) Social Insurance (Guernsey) (Amendment) Law 2016 (Billet d’État No I of 2016. Approved 26.01.16. In force 04.04.16) This Law amends the definition of pensionable age for the purposes of the Social Insurance (Guernsey) Law 1978 and the Health Service (Benefit) Ordinance 1990. The amendment provides for a graduated increase in pensionable age from 65 years (in respect of persons born before 1 January 1955) to 70 years (in respect of persons born on or after 1 March 1979). (c) Population Management (Guernsey) Law 2016 (Billet d’État No VI of 2016. Approved 02.03.16) This Law repeals the Housing (Control of Occupation) Guernsey Law 1994 and the Right to Work (Limitation and Proof) (Guernsey) Law 1990 and related legislation and creates a population management regime to replace the housing control and right to work regimes.