This content has been automatically generated from the original PDF and some formatting may have been lost. Let us know if you find any major problems.
Text in this format is not official and should not be relied upon to extract citations or propose amendments. Please see the PDF for the official version of the document.
STATES OF JERSEY ORDER PAPER
TUESDAY 19th JULY 2022
SUMMARY
9.30 a.m. Communications by the Presiding Officer and other announcements Appointments, matters of privilege, petitions
• President of the Scrutiny Liaison Committee
• Members of the Privileges and Procedures Committee
• Elected Members of the Public Accounts Committee
• Members of the 5 Scrutiny Panels
• Members of the Planning Committee
• States Commissioners of the Jersey Overseas Aid Commission
• Two Members of the States Employment Board
• Member and Associate Member to represent the States of Jersey in the British-Irish Parliamentary Assembly
Arrangement of public business at subsequent meetings
STATES OF JERSEY ORDER PAPER
TUESDAY 19th JULY 2022
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
Wildlife (Amendment of Schedules to Law) (Jersey) Order 2022. R&O.50/2022. Minister for the Environment.
Control of Housing and Work (Temporary Exemption) (Amendment No. 2) (Jersey) R&O.54/2022. Order 2022.
Covid-19 (Screening, Assessment and Isolation - Suspension of Powers) (Jersey) R&O.61/2022. Order 2022.
Minister for Health and Social Services.
Sanctions and Asset-Freezing (Implementation of External Sanctions) (Russia – R&O.63/2022. Amendment No. 6) (Jersey) Order 2022.
Minister for External Relations and Financial Services.
Bank (Recovery and Resolution) (Amendment – References to Ministers) (Jersey) R&O.64/2022. Order 2022.
Minister for External Relations and Financial Services.
Teachers' Superannuation (Employer's Contributions – Amendment) (Jersey) Order R&O.66/2022. 2022.
Health Care (Registration) (Prescribed Qualifications) (Amendment No. 7) (Jersey) R&O.67/2022. Order 2022.
Financial Services (Investment Business) (Client Assets Order) (Amendment No. 2) R&O.68/2022. Order 2022.
Minister for External Relations and Financial Services.
Customs and Excise (Safety and Security) (Import) (Amendment) (Jersey) Order R&O.69/2022. 2022.
Notifiable Diseases (Amendment No. 3) (Jersey) Order 2022. R&O.70/2022. Minister for Health and Social Services.
Sanctions and Asset-Freezing (Commencement of Amendment No. 2 Law) (Jersey) R&O.71/2022. Order 2022.
Minister for External Relations and Financial Services.
Road Traffic ( St. Helier ) (Amendment No. 38) (Jersey) Order 2022. R&O.73/2022. Minister for Infrastructure.
Road Traffic (Disabled Persons) (Parking) (Amendment No. 11) (Jersey) Order R&O.74/2022. 2022.
Court of Appeal (Criminal) (Confiscation Order Appeals) (Amendment) Rules R&O.75/2022. 2022.
Sanctions and Asset-Freezing (Implementation of External Sanctions) (Russia – R&O.76/2022. Amendment No. 7) (Jersey) Order 2022.
Minister for External Relations and Financial Services.
Sanctions and Asset-Freezing (Implementation of External Sanctions) (Belarus – R&O.77/2022. Amendment No. 2) (Jersey) Order 2022.
Minister for External Relations and Financial Services.
- DOCUMENTS PRESENTED
Land Transactions under Standing Order 168 (3) – Apartment N° 10, Block F, R.62/2022. Les Quennevais Park, St Brelade – Cancellation of Existing 99-Year Lease and
Transfer of the Public's Flying-Freehold Ownership.
Presented: 3rd May 2022, Minister for Infrastructure.
Jersey Gambling Commission: 12-month extension of Chair's tenure. R.63/2022. Presented: 4th May 2022, Minister for Economic Development, Tourism, Sport and
Diversity Forum: Legacy Report. R.64/2022. Presented: 4th May 2022, Privileges and Procedures Committee.
Recommended Benchmarks for Democratic Legislatures: Commonwealth R.65/2022. Parliamentary Association.
Presented: 4th May 2022, Privileges and Procedures Committee.
Debt framework – incorporating the policy of the Council of Ministers on obtaining R.68/2022. financing and the debt strategy of the Minister for Treasury and Resources.
Presented: 5th May 2022, Minister for Treasury and Resources.
Jersey Charity Commissioner Annual Report 2021. R.69/2022. Presented: 5th May 2022, Minister for External Relations and Financial Services.
Governance and Decision Making during the COVID-19 Pandemic. R.70/2022. Presented: 6th May 2022, Comptroller and Auditor General.
Cyber Security Arrangements. R.71/2022. Presented: 6th May 2022, Comptroller and Auditor General.
Long Term Care Fund. R.72/2022. Presented: 6th May 2022, Comptroller and Auditor General.
Fiscal Stimulus Fund update report – March 2022. R.74/2022. Presented: 6th May 2022, Minister for Treasury and Resources.
Creating better homes: an action plan for housing in Jersey – Second Update Report. R.75/2022. Presented: 6th May 2022, Minister for Housing and Communities.
Procedures for allocations from the Reserve. R.76/2022. Presented: 6th May 2022, Minister for Treasury and Resources.
Land Transactions under Standing Order 168 (3) – Longueville Road, Rue des Prés R.77/2022. Trading Estate, East Roadside Verge in Public Ownership – Proposed Sale. (re-issue) Presented: 10th May 2022, Minister for Infrastructure.
Land Transactions under Standing Order 168 (3) – South Hill Former Office Site – R.78/2022. Proposed Sale. (re-issue) Presented: 10th May 2022, Minister for Infrastructure.
States of Jersey Law 2005: Delegation of Functions – Former Les Quennevais R.79/2022. School Reconfiguration Works.
Presented: 10th May 2022, Minister for Infrastructure.
States of Jersey Law 2005: Delegation of Functions – Former Les Quennevais R.80/2022. School Reconfiguration Works Approval of Plans and Drawings.
Presented: 10th May 2022, Minister for Health and Social Services.
Jersey Competition Regulatory Authority: Annual Report and Accounts 2021. R.81/2022. Presented: 10th May 2022, Minister for Economic Development, Tourism, Sport and
Jersey Office of the Information Commissioner Annual Report 2021 R.82/2022. Presented: 10th May 2022, Minister for Economic Development, Tourism, Sport and
Channel Islands Financial Ombudsman Annual Report 2021. R.83/2022. Presented: 10th May 2022, Minister for Economic Development, Tourism, Sport and
States of Jersey Police Annual Report 2021. R.84/2022. Presented: 10th May 2022, Minister for Home Affairs. (re-issue) Children and the Digital World. R.85/2022. Presented: 11th May 2022, Chief Minister.
Reappointment of Members to the Jersey Data Protection Authority. R.86/2022. Presented: 12th May 2022, Minister for Economic Development, Tourism, Sport and
Director of Civil Aviation Annual Report 2021. R.88/2022. Presented: 13th May 2022, Minister for External Relations and Financial Services.
Jersey Council for Safety and Health at Work to the States: Annual Report and R.89/2022. Accounts 2021
Presented: 26th May 2022, Minister for Social Security.
States of Jersey Law 2005: delegation of functions – Minister for Social Security – R.90/2022. Covid-19 extension.
Presented: 31st May 2022, Minister for Social Security.
Jersey Bank Depositors Compensation Board Annual Report 2021. R.92/2022. Presented: 22nd June 2022, Minister for External Relations and Financial Services.
Jersey Council for Safety and Health at Work: re-appointment of Chair. R.94/2022. Presented: 27th June 2022, Minister for Social Security.
Land Transactions under Standing Order 168(3) – Assisted House Purchase – R.95/2022. La Retraite, Queens Road, St. Helier .
Presented: 27th June 2022, Minister for Infrastructure.
Presentation to the States Assembly of the 2021 Annual Reports and Accounts of R.96/2022. the wholly and majority owned States-owned entities: report.
Presented: 29th June 2022, Minister for Treasury and Resources.
Island-wide rate figures for 2022. R.97/2022. Presented: 1st July 2022, Comité des Connétable s.
Regulation of Investigatory Powers (Jersey) Law 2005 and Police Procedures and R.98/2022. Criminal Evidence (Jersey) Law 2003: Report of the Investigatory Powers
Commissioner 1st January – 31st December 2021.
Redress and Accountability Systems in Jersey (S.R.21/2021): response of the Chief S.R.22/2021. Minister. Res. Presented: 10th May 2022, Chief Minister.
Seasonal Workers and the Rural Economy (S.R.5/2022): response of the Minister S.R.5/2022. for Social Security. Res. Presented: 6th May 2022, Minister for Social Security.
Seasonal Workers and the Rural Economy (S.R.5/2022): response of the Minister S.R.5/2022. for Home Affairs. Res.(2). Presented: 6th May 2022, Minister for Home Affairs.
Draft Carbon Neutral Roadmap Review (S.R.7/2022): response of the Minister for S.R.7/2022. the Environment. Res. Presented: 6th May 2022, Minister for the Environment.
Covid-19 Response and Recovery Review – Co-Funded Payroll Scheme Report S.R.9/2022. (S.R.9/2022): response of the Minister for Treasury and Resources. Res. Presented: 13th May 2022, Minister for Treasury and Resources.
Environment, Housing and Infrastructure Scrutiny Panel Legacy Report 2018-2022. S.R.11.2022. Presented: 4th May 2022, Environment, Housing and Infrastructure Scrutiny Panel.
Migration and Population Review Panel Legacy Report 2018-2022. S.R.12/2022. Presented: 5th May 2022, Migration and Population Review Panel.
Future Hospital Review Panel Legacy Report 2018-2022. S.R.14/2022. Presented: 6th May 2022, Future Hospital Review Panel.
Environment, Housing and Infrastructure Scrutiny Panel Legacy Report 2018-2022. S.R.15/2022. Presented: 4th May 2022, Environment, Housing and Infrastructure Scrutiny Panel.
Health and Social Security Scrutiny Panel Legacy Report 2018-2022. S.R.16/2022. Presented: 6th May 2022, Health and Social Security Scrutiny Panel.
Scrutiny and Public Accounts Committee Proceedings: Code of Practice. S.R.17/2022. Presented: 6th May 2022, Scrutiny Liaison Committee.
Scrutiny Liaison Committee Legacy Report. S.R.18/2022. Presented: 10th May 2022, Scrutiny Liaison Committee.
Use and Operation of citizens' panels, juries and assemblies in Jersey P.A.C.1/2022. (P.A.C.1/2022): Executive Response (P.A.C.1/2022 Res.) – comments. Res.Com. Presented: 4th May 2022, Public Accounts Committee.
Response to the Covid-19 pandemic by the Government of Jersey (P.A.C.3/2022): P.A.C.3/2022. executive response. Res. Presented: 10th May 2022, Public Accounts Committee.
- NOTIFICATION OF LODGED PROPOSITIONS
- WITHDRAWAL OF LODGED PROPOSITIONS
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
- Appointment of the President of the Scrutiny Liaison Committee.
- Appointment of the Members of the Privileges and Procedures Committee.
- Appointment of the elected Members of the Public Accounts Committee.
- Appointment of the Members of the Scrutiny Panels in the following order –
- Corporate Services
- Economic and International Affairs
- Children, Education and Home Affairs
- Environment, Housing and Infrastructure
- Health and Social Security
- Appointment of Members of the Planning Committee
- Appointment of two States Commissioners of the Jersey Overseas Aid Commission.
- Appointment of two Members of the States Employment Board.
(viii) Election of a Member and an Associate Member to represent the States of Jersey in the British-
Irish Parliamentary Assembly.
M. ARRANGEMENT OF PUBLIC BUSINESS 13th September 2022
MRS. L. M. HART Greffier of the States
14th July 2022 Note –
In accordance with the meeting dates fixed for 2022 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday 20th and Thursday 21st July 2022.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
Article 11 of the Legislation (Jersey) Law 2021 applies to the tabling of subordinate legislation before the States.
Subordinate legislation must be laid as soon as practicable after it is made. Any States member may lodge a proposition seeking the annulment of subordinate legislation; however, to have effect any such proposition must be debated and approved no later than the 3rd meeting of the Assembly after the subordinate legislation in question has been tabled. In relation to the subordinate legislation listed below, this means the meeting on 1st November 2022.
These provisions may be displaced in relation to specific subordinate legislation by the Law empowering that subordinate legislation; and they do not apply to subordinate legislation that provides purely for the commencement of any legislation. Where any subordinate legislation is annulled by the States, this does not affect anything done in accordance with the subordinate legislation whilst it was in force.
R&O.50/2022.
Wildlife (Amendment of Schedules to Law) (Jersey) Order 2022. Minister for the Environment.
This Order amends Schedules 1, 3, 4, 5, 6, 7, 8, 9 and 12 to the Wildlife (Jersey) Law 2021 (the "Law"). The amendments correct certain typographical inconsistencies in relation to the names given in those Schedules for protected species and their associated levels of protection under the Law.
The Order comes into force 7 days after it is made.
The Order was made on 25th April 2022 and came into force on 2nd May 2022.
R&O.54/2022.
Control of Housing and Work (Temporary Exemption) (Amendment No. 2) (Jersey) Order 2022. Signed by Deputy Chief Minister Senator L.J. Farnham , for and on behalf of the Chief Minister.
The Control of Housing and Work (Temporary Exemption) (Amendment No. 2) (Jersey) Order 2022 amends Article 5(2) of the Control of Housing and Work (Temporary Exemption) (Jersey) Order 2021 (the "2021 Order") to provide for the 2021 Order to expire at the end of 31st December 2022 instead of at the end of 30th April 2022. The 2021 Order provides that, for a limited period, certain additional persons are to be disregarded for the purposes of complying with any condition which appears on a business licence granted under Article 27(1)(a) of the Control of Housing and Work (Jersey) Law 2012, concerning the maximum number of individuals with Licensed or Registered status who are permitted to work for an undertaking.
This Order comes into force on 30th April 2022.
The Order was made on 25th April 2022 and came into force on 30th April 2022.
R&O.59/2022.
Sea Fisheries (Bag Limits) (Amendment) (Jersey) Order 2022. Minister for the Environment.
This Order amends the Sea Fisheries (Bag Limits) (Jersey) Order 2020 in the following respects –
- it removes the application provision so that the Order now applies to the taking of bass or tope by any person on a British fishing boat or a French fishing boat in any part of the territorial sea in which the boat is authorised to fish under the Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003 (Article 2);
- it ensures that the bag limits apply not only to fish taken but also to fish retained (Articles 3 and 4);
- it modifies the limits on taking or retaining sea bass so as to reduce the quantity allowed by a person, or by a vessel other than a fishing boat during the period 1st February to 31st March in any year to nil and to remove the limit on numbers that may be taken by fishing boats so that the only restriction is that permitted under the fishing boat licence relating to that fishing boat (Article 5(a));
- it removes the limit on numbers of small clams that may be taken by fishing boats so that the only restriction is that permitted under the fishing boat licence relating to that fishing boat (Article 5(b)).
The Order comes into force 7 days after it is made.
The Order was made on 27th April 2022 and came into force on 4th May 2022.
R&O.61/2022.
Covid-19 (Screening, Assessment and Isolation – Suspension of Powers)(Jersey) Order 2022. Minister for Health and Social Services.
This Order suspends the effect of Regulations 6 to 11, 12(2) and 13 of the Covid-19 (Screening, Assessment and Isolation) (Jersey) Regulations 2020. The suspension removes the powers of authorised officers to require compulsory screening, assessment and isolation of people infected or potentially infected with Covid-19.
The suspension starts on Friday 29th April 2022 (immediately after midnight in the night between the Thursday and Friday) and continues indefinitely unless this Order is revoked. However, the suspended Regulations, and all of the rest of the Covid-19 (Screening, Assessment and Isolation) (Jersey) Regulations 2020, are currently due to expire at the end of 30th September 2022, at which point this Order will no longer have any effect.
The Order was made on 27th April 2022 and came into force on 29th April 2022.
R&O.62/2022.
Education (Grants and Allowances) (Amendment No. 3) (Jersey) Order 2022. Minister for Children and Education.
This Order amends the Education (Grants and Allowances) (Jersey) Order 2018 (the "2018 Order") to increase by 2.9% the maintenance grant that may be awarded to a student in respect of an academic year of a course. It also increases by 2.9% the additional amount of maintenance grant that may be awarded to a student of medicine, dentistry, nursing or veterinary science. This is the first increase in the maintenance grant since the 2018 Order came into force. This Order comes into force on 1st September 2022.
The Order was made on 29th April 2022 and came into force on 1 September 2022. R&O.63/2022.
Sanctions and Asset-Freezing (Implementation of External Sanctions) (Russia – Amendment No. 6) (Jersey) Order 2022.
Minister for External Relations and Financial Services.
This Order amends the Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021, in relation to further changes in UK sanctions on Russia which were made by the Russia (Sanctions) (EU Exit) (Amendment) (No. 9) Regulations 2022 (S.I. 2022/477 of the UK). Those Regulations came into force on 29th April 2022 and had immediate effect in Jersey subject to modifications, except where they created fresh offences.
This Order extends the existing Jersey offence (carrying imprisonment for up to 7 years and an unlimited fine) of breaching implemented sanctions provisions, so that it applies to breaches of the new prohibitions related to providing social media services, internet access services and application stores to or for the benefit of designated persons.
This Order gives the Minister for External Relations and Financial Services the powers, that are given in the UK to OFCOM, to demand information that is reasonably needed for monitoring compliance and detecting evasion of those prohibitions. It extends the Jersey offence mentioned above so that it applies to obstructing the exercise of these powers given to the Minister. It also disapplies the provisions in the UK Regulations that give OFCOM the power to impose monetary penalties.
This Order comes into force immediately after the midnight following its making. The Order was made on 3rd May 2022 and came into force on 4th May 2022.
R&O.64/2022.
Bank (Recovery and Resolution) (Amendment – References to Ministers) (Jersey) Order 2022. Minister for External Relations and Financial Services.
This Order amends the Bank (Recovery and Resolution) (Jersey) Law 2017 to update the reference to the Minister for External Relations and Financial Services in the definition of "Minister", and to remove redundant references to that Minister and the Minister for Treasury and Resources from the provision on the quorum for meetings of the Jersey Resolution Authority.
The Order comes into force 7 days after it is made.
The Order was made on 6th May 2022 and came into force on 13th May 2022.
R&O.65/2022.
Debt Remission (Individuals - Amount of Qualifying Debts) (Jersey) Order 2022. Chief Minister.
The Debt Remission (Individuals – Amount of Qualifying Debts) (Jersey) Order 2022 prescribes, for the purposes of Article 4(1)(e) of the Debt Remission (Individuals) (Jersey) Law 2016, that the amount owed in qualifying debts by a debtor must be less than £30,000 (and if the amount is £30,000 or more, the debtor is not eligible for a debt remission order). The Order comes into force 7 days after it is made.
The Order was made on 6th May 2022 and came into force on 13th May 2022.
R&O.66/2022.
Teachers' Superannuation (Employer's Contributions - Amendment) (Jersey) Order 2022 Chief Minister.
This Order amends the Teachers' Superannuation (Existing Members) (Jersey) Order 1986 and the Teachers' Superannuation (New Members) (Jersey) Order 2007 to change the rate of the employer's contribution from 16.4% to 10.8% following the full repayment of the Jersey Teachers' Superannuation Fund pension increase debt, which removes the need for the employer to pay an additional 5.6% in the employer contribution rate to service the debt repayments. The Order comes into force on 1st June 2022.
The Order was made on 6th May 2022 and came into force on 1st June 2022.
R&O.67/2022.
Health Care (Registration) (Prescribed Qualifications) (Amendment No. 7) (Jersey) Order 2022. Chief Minister.
This Order amends the Health Care (Registration) (Prescribed Qualifications) (Jersey) Order 2003 ("the principal Order") to update the prescribed qualifications for certain health care professionals.
Article 1 is an introductory provision.
Article 2 amends the definition of "Health Professions Order", which refers to an order of the United Kingdom, to reflect a change in the name of that order.
Article 3 amends the Schedule of the principal Order. It adds chiropractors to the table of prescribed qualifications and specifies that they must be entered on the register established under the Chiropractors Act 1994 of the United Kingdom. It also amends the entry relating to social workers so that it refers to the UK legislation under which they are now registered.
The Article also removes the requirement that a person has a reasonable degree of experience and continuing professional development in prescribing prescription only medicines for nurse independent prescribers, optometrist independent prescribers, paramedic independent prescribers, pharmacist independent prescribers, physiotherapist independent prescribers, podiatrist independent prescribers and therapeutic radiographer independent prescribers.
Article 4 gives the title of the Order and provides that it comes into force 7 days after it is made. The Order was made on 6th May 2022 and came into force on 13th May 2022.
R&O.68/2022.
Financial Services (Investment Business (Client Assets)) (Amendment No. 2) (Jersey) Order 2022. Minister for External Relations and Financial Services.
The Financial Services (Investment Business (Client Assets)) (Amendment No. 2) (Jersey) Order 2022 makes amendments to the Financial Services (Investment Business (Client Assets)) (Jersey) Order 2001 (the "2001 Order") which amend the requirements, set out in Part 3 of the 2001 Order, for safekeeping of a client's protected property. In particular –
Article 1 provides that this Order amends the 2001 Order.
Article 2 provides that Article 1 of the 2001 Order is amended to insert a definition of "overseas jurisdiction", and makes a housekeeping amendment to the definition "investment".
Article 3 provides that Article 13 of the 2001 Order is substituted to replace a reference to "documents of title to investments" with a reference to "protected property".
Article 4 provides that Article 15 of the 2001 Order is substituted to replace references to "documents of title to investments" with references to "protected property".
Article 5 provides that Article 16 of the 2001 Order is substituted in order to replace a number of references to "documents of title to investment" with references to "protected property".
Article 6 provides that Article 17 of the 2001 Order is amended to replace references to "documents" with references to "protected property".
Article 7 provides that Article 18 of the 2001 Order is substituted. Paragraph (1) of the new Article 18 applies if an approved custodian, other than the client's own nominee, is to be responsible for safekeeping of protected property. Paragraph (2) provides that the registered person must act with due diligence when selecting an approved custodian; agreeing terms with an approved custodian; or reviewing the performance of an approved custodian. Paragraph (3) provides that a registered person who does so in good faith is not liable for any loss to the client caused by the custodian. Paragraph (4) further provides that a registered person must not appoint a custodian unless certain conditions are met – firstly, that the custodian has agreed that they are acting as trustee and will not part with possession of the property, will hold the property in a way that makes it clear that it does not belong to them, and will every 6 months deliver a statement to the client giving details of the property. Secondly, the custodian must acknowledge that they have no right to retain or sell the protected property other than when the exceptions given apply. Finally, if the custodian is in an overseas jurisdiction the registered person or custodian must disclose that to the client and state the risks arising from that. Paragraph (5) provides that the disclosures in paragraph (4) apply even if the approved custodian appoints a sub-custodian. Paragraph (6) provides that a registered person must not authorise the custodian to release or transfer title to protected property unless it is allowed by the client agreement, or they have the express instruction of the client.
Articles 8 and 9 provide that Articles 19 and 20 of the 2001 Order are amended to replace reference to "documents of title to investments" with references to "protected property".
Article 10 provides that Article 22 of the 2001 Order is amended to substitute "protected property" for "title documents". It also inserts new paragraphs (1A), (1B), (1C) and (1D) into Article 22. New paragraph (1A) provides that a registered person must exercise all due diligence when selecting, agreeing terms with or reviewing the performance of a third party to whom a client's protected property is to be lent. New paragraph (1B) provides that a registered person who does so in good faith is not liable for any loss to the client caused by the third party. New paragraph (1C) provides that a registered person must not lend a client's property to a third party in an overseas jurisdiction unless the registered person or third party has disclosed that that is the case and stated the risks arising from it. New paragraph (1D) provides that the disclosures in (1C) apply even if the third party delegates to another party.
Article 11 inserts Article 22A into the 2001 Order. Article 22A is a transitional provision, which provides that, within the period of 3 months beginning with the commencement of this Order, a registered person that immediately before commencement of this Order was acting in compliance with Part 3 of the 2001 Order does not commit an offence as a result of the changes brought about by this Order.
Article 12 gives the name of the Order and provides for it to come into force 7 days after it is made. The Order was made on 10th May 2022 and came into force on 17th May 2022.
R&O.69/2022.
Customs and Excise (Safety and Security) (Import) (Amendment) (Jersey) Order 2022. Minister for Home Affairs.
This Order amends Article 2 of the Customs and Excise (Safety and Security) (Import) (Jersey) Order 2021 so that the current exception for goods imported into Jersey from a Member State of the European Union continues to apply after 1st July 2022.
The Order was made on 19th May 2022 and came into force on 26th May 2022.
R&O.70/2022.
Notifiable Diseases (Amendment No. 3) (Jersey) Order 2022. Minister for Health and Social Services.
This Order amends the Schedule to the Notifiable Diseases (Jersey) Order 1988 to add Monkeypox as one of the diseases that are notifiable under Article 23 of the Loi (1934) sur la Santé Publique.
The Order was made on 31st May 2022 and came into force on 1st June 2022.
R&O.71/2022.
Sanctions and Asset-Freezing (Commencement of Amendment No. 2 Law) (Jersey) Order 2022. Minister for External Relations and Financial Services.
This Order brings the Sanctions and Asset-Freezing (Amendment No. 2) (Jersey) Law 2022 into force on 8th June 2022.
The Order was made on 6th June 2022 and came into force on 6th June 2022.
R&O.72/2022.
Motor Traffic (Cabs – Fares and Charges) (Amendment No. 4) (Jersey) Order 2022. Minister for Infrastructure.
This Order amends the Motor Traffic (Cabs – Fares and Charges) (Jersey) Order 2017 so that, across all tariffs taken as a whole, average taxi-cab fares are increased by 7.5%. Some individual tariffs are not increased. The increases do not apply to limousine cabs or, in the case of taxi-cabs, where a different hire charge is agreed by the customer or where the charges have been previously notified to the Minister for Infrastructure and published.
This Order also updates the reference to "cab" to take account of changes to definitions that were made in the Motor Traffic (Cabs – General) (Jersey) Order 2021.
Taxi fares were last increased with effect from 9th November 2020.
This Order comes into force the day after the day it is made.
The Order was made on 20th June 2022 and came into force on 21st June 2022.
R&O.73/2022.
Road Traffic ( St. Helier ) (Amendment No. 38) (Jersey) Order 2022. Minister for Infrastructure.
This Order amends the Road Traffic ( St. Helier ) (Jersey) Order 1996.
The main changes relate to the closing of certain parts of Broad Street, Dorset Street, the Esplanade, Phillips Street, Providence Street and York Street to vehicles with some exceptions and conditions, including some one-way restrictions for some of those vehicles that are permitted.
Other changes relate to Charing Cross and Midvale Road (one-way restrictions), Hill Street (exception for pedal cycles to existing one-way restriction). There are also changes to parking restrictions in designated paying parking places on roads and in residential and business parking zones, changes to restrictions on parking for loading and unloading restrictions in certain roads and changes to restrictions on motor cycle and moped parking.
This Order comes into force on the day after the day it is made.
The Order was made on 20th June 2022 and came into force on 21st June 2022.
R&O.74/2022.
Road Traffic (Disabled Persons) (Parking) (Amendment No. 11) (Jersey) Order 2022. Minister for Infrastructure.
This Order amends the Road Traffic (Disabled Persons) (Parking) (Jersey) Order 2002 by making changes to parking places for disabled persons in St. Helier subject to 4 hour or 2 hour limits for parking.
This Order comes into force on the day after it is made.
The Order was made on 20th June 2022 and came into force on 21st June 2022.
R&O.75/2022.
Court of Appeal (Criminal) (Confiscation Order Appeals) (Amendment) Rules 2022. Court of Appeal.
These Rules amend the Court of Appeal (Criminal) (Confiscation Order Appeals) Rules 2009 (the "principal Rules") to make them applicable to an instrumentalities forfeiture order in the same way that they apply to a confiscation order.
Rule 1 provides that these Rules amend the principal Rules.
Rule 2 amends Rule 1 of the principal Rules in the definition of "appeal" to make reference to an instrumentalities forfeiture order.
Rule 3 amends Rule 4 of the principal Rules, which provides for notice of an application to be given to a defendant, to make reference to an instrumentalities forfeiture order and instrumentalities forfeiture.
Rule 4 amends Rule 8 to the principal Rules to change the citation of the principal Rules so that it reflects the extension of the application of the rules to instrumentalities forfeiture orders.
Rule 5 amends the Schedule to the principal Rules, which provides for the form of the respondent's notice, to include a reference to an instrumentalities forfeiture order.
Rule 6 amends the short title to the principal Rules to change the citation of the principal Rules so that it reflects the extension of the application of the rules to instrumentalities forfeiture orders.
Rule 7 provides that these Rules may be cited as the Court of Appeal (Criminal) (Confiscation Order Appeals) (Amendment) Rules 2022 and come into force 7 days after they are made.
These Rules were made by the Court of Appeal on 20th June 2022 and came into force on 27th June 2022. R&O.76/2022.
Sanctions and Asset-Freezing (Implementation of External Sanctions) (Russia – Amendment No. 7) (Jersey) Order 2022.
Minister for External Relations and Financial Services.
This Order amends the Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021, in relation to further changes in UK sanctions on Russia which are made by the Russia (Sanctions) (EU Exit) (Amendment) (No. 10) Regulations 2022 of the UK. Those Regulations come into force on 23rd June 2022 and have immediate effect in Jersey subject to modifications, except where they create fresh offences.
This Order extends the existing Jersey offence (carrying imprisonment for up to 7 years and an unlimited fine) of breaching implemented sanctions provisions, so that it applies to breaches of the new prohibitions related to goods and technology relating to non-government controlled Ukrainian territory; iron and steel products; interception and monitoring services; banknotes; jet fuel and fuel additives; and revenue generating goods.
This Order comes into force immediately after the midnight following its making. The Order was made on 22nd June 2022 and came into force on 23rd June 2022.
R&O.77/2022.
Sanctions and Asset-Freezing (Implementation of External Sanctions) (Belarus – Amendment No. 2) (Jersey) Order 2022.
Deputy I.J. Gorst of St. Mary , St. Ouen and St. Peter .
This Order amends the Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021, in relation to changes in UK sanctions on Belarus which are made by the Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 of the UK (S.I. 2022/748). Those Regulations came into force at the start of 5th July 2022 and had immediate effect in Jersey subject to modifications, except where they create fresh offences.
This Order extends the existing Jersey offence (carrying imprisonment for up to 7 years and an unlimited fine) of breaching implemented sanctions provisions, so that it applies to breaches of the new prohibitions and duties related to: transferable securities and money market instruments; financial services for the purpose of foreign exchange reserve and asset management; enabling or facilitating military activities; overflying and landing in Jersey; and ships entering ports. The Order also removes, from the list of regulations to which the Jersey offence applies, the references to regulations containing provisions related to dual-use goods and technology, which are repealed in the UK.
This Order comes into force immediately after the midnight following its making. The Order was made on 5th July 2022 and came into force on 6th July 2022.
Note regarding the appointment processes (See Item F)
President of the Scrutiny Liaison Committee
Standing Order 121(1) provides that the President of the Scrutiny Liaison Committee shall be appointed from amongst the persons who are members of the Committee.
The Presiding Officer will invite nominations for the position. Only the 6 Chairs (the Chairs of the Public Accounts Committee and the 5 Scrutiny Panels) are eligible for nomination. If there is only one nomination, the member nominated will speak for up to 10 minutes followed by a 20-minute question period; after which the member will be selected for appointment. If there is more than one nomination, each candidate will speak for up to 10 minutes with a 20-minute question period. The candidates will speak and be questioned in the order in which they have been nominated. Other candidates must withdraw from the Chamber during the speeches and question period.
Following the speeches and question periods, a recorded vote will be held until one candidate receives an overall majority of the votes cast. The electronic voting system will be used in any instance where there are two candidates; an open ballot will take place in instances where there are more than two candidates.
Members of the Privileges and Procedures Committee
Standing Order 122 provides that the Chair of the Privileges and Procedures Committee shall nominate 3 elected members who are neither Ministers nor Assistant Ministers as members of the Committee. The Chair, after consultation with the Chief Minister, will also nominate 2 elected members who are each a Minister or an Assistant Minister as members; and she will also nominate one member of the Scrutiny Liaison Committee.
After the Chair has made the nominations the Presiding Officer will invite alternative nominations within each of these 3 categories. Only members who meet the relevant criteria are eligible for membership in each category. If alternative nominations are made there will be a secret ballot for membership of the category concerned. In the ballot(s), members have the same number of votes as the number of places to be filled but do not have to use all their votes. The candidate(s) with the largest numbers of votes on any occasion will be elected.
Elected members of the Public Accounts Committee
Standing Order 123(1) provides that the Chair of the Public Accounts Committee shall indicate the number of elected members (being not less than 2) that he or she wishes to have as members of the Committee and should then nominate that number of elected members (who are neither Ministers nor Assistant Ministers) as candidates for appointment. Standing Order 131(1)(b) provides that there must be an even number of members (but not less than 4) and half must be persons who are not members of the States. Only the elected members will be nominated at this meeting.
After the Chair has made her nominations the Presiding Officer will invite alternative nominations. If alternative nominations are made, a secret ballot will be held.
Members of the 5 Scrutiny Panels
Standing Order 125(1) provides that each Scrutiny Panel shall consist of a number of members (in addition to the Chair) determined by the Chair of the Panel, but not more than 5 , who must be elected members who are not Ministers or Assistant Ministers. There is no limit on the number of Scrutiny Panels of which an elected member may be a member.
After announcing the number of members that he or she wants, the Chair of each Panel (in the order shown in the Order Paper) will make his or her nominations. The Presiding Officer will invite alternative nominations and, if alternative nominations are made, a secret ballot will be held.
Members of the Planning Committee
Standing Order 125A(1) provides that the Planning Committee shall consist of a number of members (in addition to the Chair) determined by the Chair of the Committee, but not less than 3 and not more than 9. Standing Order 141A provides that the following cannot be members of the Committee: Ministers and any Assistant Minister for the Environment discharging the Ministerial functions relating to planning under the Planning and Building (Jersey) Law 2002.
After announcing the number of members that he wants, the Chair of the Committee will make his nominations. The Presiding Officer will invite alternative nominations and, if alternative nominations are made, a secret ballot will be held.
2 States Commissioners of the Jersey Overseas Aid Commission
The constitution of the Jersey Overseas Aid Commission (set out in Schedule 1 to the Jersey Overseas Aid Commission (Jersey) Law 2005) requires that the Chair recommend elected members for appointment as States commissioners. Standing Order 126 provides that the Chair will make his or her 2 nominations, and the States shall vote on each proposal separately. Members cannot make alternative nominations. If the States reject a proposal by the Chair, the Chair must propose another elected member for appointment. Election as a States Commissioner is open to all members.
2 members of the States Employment Board
The States Employment Board is chaired by the Chief Minister, or by another Minister who is nominated by the Chief Minister to be Chair in their place, and (in accordance with the Employment of States of Jersey Employees (Jersey) Law 2005) consists of 2 Ministers or Assistant Ministers appointed by the Chief Minister and 2 States members who are not Ministers or Assistant Ministers appointed by the States. The Chair will nominate 2 members who are not Ministers or Assistant Ministers for these 2 latter positions. The Presiding Officer will invite alternative nominations and, if alternative nominations are made, a secret ballot will be held.
Members and Associate Members of the British-Irish Parliamentary Assembly
Nominations will be invited from the floor at the meeting for the position of Member and each nomination will need to be seconded (in accordance with Standing Order 102). If there is more than one nomination, a secret ballot will be held. If no candidate receives a majority of votes cast in the ballot the candidate with the lowest number of votes will withdraw from the contest and a further secret ballot will be held. This process will be repeated as necessary until one candidate receives a majority of votes cast.
Nominations will then be invited from the floor for the position of Associate Member. The selection process will be identical to the process set out above.
Jersey was invited to join the British-Irish Inter-Parliamentary Body (as BIPA was known until 2008) in 2000 although Jersey's initial involvement was limited. The history of the Body is available on its website (www.britishirish.org).
The running of the Body and the control of its business is in the hands of a Steering Committee consisting of 3 Members from Dublin, 3 from Westminster, and 3 from among the other participating institutions, led by the 2 Co-Chairs, one from Westminster and one from Dublin. The 3 Crown Dependencies have one place on the Committee between them and this is filled on an annual rotation basis. Jersey last filled the Crown Dependency place on the Committee in 2020.
The Body is funded by grant-in-aid from the Treasury in London and the Department of Finance in Dublin. The day-to-day administration is carried out by 2 Clerks, one from Dublin and one from Westminster, with assistance from several of their colleagues from both jurisdictions.
There are normally 2 Plenary sessions every year, of a day and a half or 2 days each, which provide a forum for the mutual exchange of views between parliamentarians. Each Plenary has a Question Time at which a Minister from the host country answers Questions (of which notice is given in the Programme of Business). Apart from the Ministerial Statement and Questions, the main business is always a debate on a motion on Recent Political Developments.
The primary function of Plenary Sessions is to provide a forum for debate and the exchange of views, while the day-to-day work of the Body is carried out through its 4 Committees: Committee A deals with Sovereign (i.e. East-West) Matters, Committee B covers European Affairs, Committee C is concerned with Economic Affairs, and Committee D with Environmental and Social Affairs. Each Committee has a Chair from one delegation and a Shadow Chair from the other, so that the British and the Irish each have 2 full Chairs. They are supported by 4 Clerks from Westminster and, from the Irish side, 2 officers from the Department of Foreign Affairs. The Steering Committee assigns each full Member of the Body and each Associate to one of the 4 Committees, normally by agreement with the person concerned, and with an eye both to party-political balance and equality of representation from the delegations.
The total membership of the Body at present is –
• 25 members of the Oireachtas (plus up to 20 Associate members);
• 25 members of the UK Parliament (including peers) (plus up to 20 Associate members);
• 5 members of the National Assembly for Wales (plus up to 4 Associate members);
• 5 members of the Northern Ireland Assembly (plus up to 4 Associate members);
• 5 members of the Scott ish Parliament (plus up to 4 Associate members);
• one member of Tynwald (plus one Associate member);
• one member of the States of Jersey (plus one Associate member); and
• one member of the States of Guernsey (plus one Associate member).
The Associate Member is invited to attend meetings of BIPA if the Member is unavailable.
ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE
Questions without notice 2022
1st Session 2022
18th January Home Affairs Infrastructure Chief Minister 8th February International Social Security Chief Minister
Development
1st March Treasury and Housing and Chief Minister
Resources Communities
29th March Economic Children and Chief Minister
Development, Education
Tourism, Sport and
Culture
25th April Environment External Relations and Chief Minister
Financial Services
2nd Session 2022
13th September Health and Social Home Affairs Chief Minister
Services
4th October Housing and Infrastructure Chief Minister
Communities
1st November International Social Security Chief Minister
Development
22nd November Treasury and Children and Education Chief Minister
Resources
13th December Economic Environment Chief Minister
Development, Tourism,
Sport and Culture