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States Minutes 26th March 1991

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STATES MINUTES 2 6 th M arch 1991 P r ic e : # 1 .0 0

 THE STATES assembled on Tuesday, 26th March 1991 at 9.30 a.m. under

 t he Presidency of the Bailiff ,

S i r Peter Crill, C.B.E.

_ _ _ _ _ _______

All Members were present with the exception of -

S enator Terence John Le Main - absent. J ohn Le Gallais, Deputy of St.

S aviour - out of the Island.

M argaret Sylvia Rose Beadle, Deputy of S t. Brelade - out of the Island.

G raeme Ernest Rabet, Deputy of St.

H elier - out of the Island.

R ichard Peter Clarke-Halifax, Deputy

o f St. Saviour - out of the Island.

T erence Ahier Jehan , Deputy of St.

M artin - out of the Island.

F rank Harris on Walker , Deputy of St.

H elier - out of the Island.

_ _ _ _ _ _______

P r a y e rs  

_ _ _ _ _ _______

Subordinate legislation tabled

The following enactments were laid before the States, namely -

 1 .  Weights and Measures (Prescribed Q  u antities No. 5) (Jersey) Order

1 9 9 1. R & O 8179.

 2 .  Weights and Measures (Prescribed Q  u antities No. 6) (Jersey) Order

1 9 9 1. R & O 8180.

 3 .  Weights and Measures (Additional M  e tric Measures) (Jersey) Order

1 9 9 1. R & O 8181.

 4 .  Weights and Measures (General P r o visions) (Amendment No. 2)

( J er sey) Order 1991. R & O 8182.

5 . Weights and Measures (Measuring I n s truments) (Intoxicating Liquor) ( A m endment) (Jersey) Order 1991. R & O 8183.

 6 .  Weights and Measures (Working S t a ndards and Testing Equipment) ( T e sting and Adjustment)

( A m endment) (Jersey) Order 1991. R & O 8184.

 7 .  Bankruptcy (Désastre) (Jersey) R u l es 1991. R & O 8185.

 8 .  Health Insurance (Pharmaceutical B e n efit List) (Amendment No. 8) ( J er sey) Order 1991. R & O 8186.

Data Protection: report for 1990. R.C.13

The Finance and Economics Committee

by Act dated 18th March 1991, presented to the States a report on the operation of the Data Protection (Jersey) Law 1987, and ancillary matters, for the period 1st

January to 31st December 1990.

THE STATES ordered that the said report be printed and distributed.

Regulation of Undertakings and Development Law: quarterly manpower returns. R.C.14

The Finance and Economics Committee

by Act dated 18th March 1991, presented to the States a report covering the quarterly manpower returns provided under Article 2A of the Regulation of Undertakings and Development (Jersey) Law 1973, as amended, for the quarter ending 31st December 1990.

THE STATES ordered that the said report be printed and distributed.

Matters noted - land transactions

THE STATES noted an Act of the

Finance and Economics Committee dated 18th March 1991, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -

 ( a) as recommended by the

E d u cation Committee, and in

a c c ordance with an Act of the

S t a tes dated 23rd October 1990,

t h e purchase from Mrs. Elizabeth L e Gros, née Rivalden, of 4.335

v e r gées of Field 1257, St. Helier, r e q uired for the extension of Mont à l 'A bbé School, for the sum of

# 2 5 0,450 and the payment of all

l e ga l costs;

 ( b) as recommended by the

H  o using Committee, with the

s u p port of the Island Development

C o m mittee, the purchase from Mrs. E l in Dorothy Le Ruez, née Malzard,

o f a strip of land on Field 355B,

G  ro uville, for the sum of #40,000

a n d the payment of all legal

c o s ts;

 ( c) as recommended by the

E s t ablishment Committee, the lease f ro m Mrs. Olivia Cumming-Butler, n é e Harris , of Flat 2, Elliston

H  o use, The Bulwarks, St. Aubin for a p e riod of one year with effect

f ro m 1st December 1990 at an

a n n ual rent of #8,351.52;

 ( d) as recommended by the

I s la nd Development Committee, the l e as e from Mr. Nigel John Hart and M  r s. Christine Angela Hart , née

B r a dbury, of The Dower House, No. 5 L es Champs Rault, La Verte Rue,     T r in ity for a period of one year

w  it h effect from 16th March 1991

a t a weekly rent of #150, with an

o p t ion to extend for a further

y e a r, the rent to be increased in

l in e with the cost of living

i n d ex.

Matters noted - financial transactions

THE STATES noted an Act of the

Finance and Economics Committee dated 13th March 1991, showing that in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules 1967, as amended, the Committee noted that the Defence Committee had accepted the lowest of four tenders, namely that submitted by D.J. Arthur, in

the sum of #145,630.69 in a contract period

of 20 weeks for remedial building work on the mezzanine floor at Police Headquarters, Rouge Bouillon, St. Helier .

Matters lodged

The following subjects were lodged au Greffe'' -

 1 .  Projet de Loi (199 ) (Amendement) s u r les Etrangers. P.42/91.

P r e sented by the Defence

C o m mittee.

 2 .  Property Management Office. P . 4 3/91.

P r e sented by the Policy and

R e s ources Committee.

 3 .  Sewage: treatment of liquid

w  as te.P.44/91.

P r e sented by the Public Services C o m mittee.

 4 .  Sludge dryer plant: acceptance of t e nd er. P.45/91.

P r e sented by the Public Services C o m mittee.

 5 .  Ultra violet light disinfection

e q u ipment: acceptance of tender. P . 4 6/91.

P r e sented by the Public Services C o m mittee.

   6 .  Central Market roof repairs.

P . 4 7/91.

P r e sented by the Public Services C o m mittee.

 7 .  Nemo Charitable Institution: g r a nt. P.48/91.

P r e sented by the Finance and E c o nomics Committee.

8 . Draft Parish Rate (Administration) ( A m endment No. 5) (Jersey) Law

1 9 9 . P.49/91.

P r e sented by the Connétable of St. H  el ier.

9 . Draft Parish Rate (Administration) ( A m endment) (Jersey) Regulations 1 9 9 . P.50/91.

P r e sented by the Connétable of St. H  el ier.

 1 0. Jersey New Waterworks Company L i m ited: issue of preference

s h a res. P.51/91.

P r e sented by the Finance and

E c o nomics Committee.

 1 1. Western Fire Station, St. Brelade : t ra n sfer of administration of

l a nd . P.52/91.

P r e sented by the Defence

C o m mittee.

Arrangement of Public Business for next Sitting on 9th April 1991

THE STATES confirmed that the following subjects lodged au Greffe would be considered at the next Sitting on 9th April 1991 -

T erritorial Army Centre, La

C ollette: purchase and sale of land. P .30/91.

L odged:12th March 1991.

P ublic Services Committee.

P rojet de Loi (199 )

( Amendement) sur les Etrangers. P .42/91.

L odged: 26th March 1991.

D efence Committee.

P roperty Management Office.

P .43/91.

L odged: 26th March 1991.

P olicy and Resources Committee.

S ewage: treatment of liquid w aste. P.44/91.

L odged: 26th March 1991. P ublic Services Committee.

C entral Market roof repairs.

P .47/91.

L odged: 26th March 1991. P ublic Services Committee.

N emo Charitable Institution: g rant. P.48/91.

L odged: 26th March 1991. F inance and Economics

C ommittee.

D raft Parish Rate

( Administration) (Amendment No. 5) ( Jersey) Law 199 . P.49/91.

L odged: 26th March 1991.

C onnétable of St. Helier.

D raft Parish Rate

( Administration) (Amendment) (Jersey) R egulations 199 . P.50/91

L odged: 26th March 1991.

C onnétable of St. Helier.

J ersey New Waterworks Company L imited: issue of preference shares. P .51/91.

L odged: 26th March 1991.

F inance and Economics

C ommittee.

Caesarean Croquet and Lawn Tennis Club. Questions and answers (Tape No. 88)

Deputy Maurice Clement Buesnel of

St. Helier asked the Connétable of St. John, President of the Island Development Committee, the following questions -

1.  Has the President and his

C o m mittee concluded their

d i sc ussions with the Caesarean

C r o quet and Lawn Tennis Club

r e g arding the removal of the dome f ro m its premises in Grands Vaux?

 2 .  If the answer is in the

a f fi rmative, could the President

s a y when the residents of Grands V  au x can expect the removal of t h is unsightly structure?''

The President of the Island Development Committee replied as follows -

1.  No. The States, on 20th

N o v em ber 1990, asked the

I s la n d Development Committee t o n e g otiate with the club

w  it h a view to the dismantling a n d r e moval of the airdome. In t h a t d ebate, the States were

i n fo r m ed that the club had no w is h t o remove the dome and

t h a t if its removal were to be

a c h ie v ed then it would have to b e t h r ough the relocation of

t h e c lu b in its entirety,

p r o b a bly to the land zoned for r e c re a tional use at  Bel

R o y a l . The States were

r e m i n ded that the club had

f ir s t s ought to erect a

p e r m a nent building to house

t w o in door courts, but in view

o f t h e States' wish to

r e lo c a te the club (having

z o n e d the site of the club for

C a t e g ory A housing in the

I s la n d Plan), the Committee

h a d d e cided to allow an

a i rd o m e instead, which was

c a p a b le of relocation and

w  h ic h in any case had a

l im  it e d lifespan. The Attorney G  en e r al advised the States

t h a t th e Committee had no

r e c o u rse under the Island

P l a n n ing Law to revoke its

d e c is i on as the works were

c o m  p lete.

I n t he wake of the States'

d e c ision, the club formed a small

s u b -committee to discuss the

m  at ter, and the Acting Director of

t h e Planning Department and myself m  et that committee in February. We d i sc ussed the wishes of the club

f o r the future and its

p r e paredness to relocate its

f a ci lities. The sub-committee

r e it erated its view that it had no

s p e cific wish to relocate, but was

p r e pared to ask its membership to

c o n sider doing so if it was the

w ish of the States, subject to the

p r o viso that it should not suffer

a n y penalty - either financially

o r i n the quality and extent of

t h e facilities it enjoyed.

R e l ocating the indoor facility in

t h e short term, with the remainder

o f t he facilities following later,

w  as not considered viable or

d e s irable in terms of the club's

o p e ration. It would mean

m  ai ntaining two sites and

d u p licating changing and social

f a ci lities, which could not be

s u c cessfully managed by the club.

 2 .  My Committee is currently

p r e paring its development plans

f o r the Bel Royal and Beaumont

a r ea s and expects this work to be

f in i shed by the late summer. On

t h is basis we will be able to make p o s itive recommendations to the

S t a tes. I must warn the Deputy and

o t h er members that the relocation

o f t he club will be contingent on

th e States' agreeing to allocate

s u f ficient capital resources to

t h e project, and to that extent

t h e timing of the removal of the

a i rd ome from Grands Vaux is not s o m ething that my Committee can p r e dict.''

Rent Control Tribunal: appointment of members

THE STATES, adopting a proposition

of the Housing Committee appointed, in pursuance of paragraph (1) of Article 3 of

the Dwelling Houses (Rent Control) (Jersey) Law 1946, as amended, the following persons to act as Chairman and members of the Rent Control Tribunal until 11th April 1992, namely -

H  en ry Robert Hall , O.B.E., C h a irman

M  r s. Evelyn Mabel Pullin L e s lie R. Crapp

T e r ence Lavery.

Field No. 82A, Crabbé, St. Mary: transfer of administration

THE STATES, adopting a proposition of the Defence Committee approved the transfer of administration of Field No. 82A, Crabbé, St. Mary from the Defence Committee to the Education Committee.

Jersey Electricity Company Limited: appointment of Directors

THE STATES, adopting a proposition

of the Finance and Economics Committee approved the appointment of the undermentioned members as Directors of the Jersey Electricity Company Limited, with effect from 1st April 1991, in accordance with Article 90 of the Articles of Association of the company -

S e n ator Reginald Robert Jeune ,

O  .B .E.

S e n ator Nigel Lewis Querée.

M  r s. Enid Clare Quénault,

C o n nétable of St. Brelade

D  ep uty Derek Ryder Maltwood of St. M  a ry

The Jersey New Waterworks Company Limited: appointment of Directors

THE STATES, adopting a proposition

of the Finance and Economics Committee agreed to refer to their Acts dated 24th

August 1982 and 22nd February 1983

and approved the appointment of the undermentioned members as Directors of the Jersey New Waterworks Company Limited, with effect from 1st April 1991, in accordance

with Article 74(a) of the Articles of

Association of the company -

S e n ator Anne Baal

D  ep uty Jack Roche of St. Saviour a s t he member of the Finance and E c o nomics Committee

D  ep uty Leonard Norman of St.

C l e ment

D  ep uty John Nicolle Le Fondré of S t . Lawrence.

Port of St. Helier , New North Quay: lease of accommodation

THE STATES, adopting a proposition of the Harbours and Airport Committee -

 ( a) approved the lease to TNT Offshore I s la nd Express Limited of 3,160

s q u are feet of warehouse

a c commodation on the New North Q  u ay, Port of St. Helier ,

d e s ignated Letting No. N8, for a

f u rt her period of three years with e f fe ct from 1st February 1991, at a n a nnual rental of #11,060

r e p resenting a rate of #3.50 a

s q u are foot with annual rent

r e v iews in line with the Jersey

C o s t of Living Index over the

p r e vious 12 month period;

 ( b) authorised the Greffier of the

S t a tes to sign the necessary

ag r eement with the company; and

 ( c) authorised the Treasurer of the S t a tes to receive the rent as it

b e c omes due.

Loi (1991) sur la copropriété des immeubles bâtis. P.8/91

THE STATES, subject to the sanction

of Her Most Excellent Majesty in Council, adopted a Law entitled the Loi (1991) sur la copropriété des immeubles bâtis.''

23 Kensington Place, St. Helier: lease. P.29/91

THE STATES, adopting a proposition of the Public Health Committee -

 ( a) approved the lease from the John C l i ve Le Seelleur Trust of No. 23 K  en sington Place, St. Helier, for

a p e riod of 15 years at an initial

a n n ual rent of #14,560 subject to r e v iew in line with fair market

r e n tals every three years;

 ( b) authorised the Attorney General a n d the Greffier of the States to

p a s s the necessary contract.

Jersey Indoor Bowling Association: loan. P.31/91

THE STATES, adopting a proposition of the Education Committee -

 ( a) approved the granting of a loan to t h e Jersey Indoor Bowling

A  ss ociation for the purpose of

a s s isting with the construction of

a 6 rink international indoor

b o w ling stadium at Grainville

P l a ying Fields;

 ( b) agreed that the loan should be 50 p e r cent of the cost of

c o n struction of the stadium

( in c luding professional fees) on a

p o u nd for pound basis up to a

m  ax imum of #375,000 and should b e a r interest at four per cent a

y e a r and should be repayable in

e q u al annual instalments over a

p e r iod of 15 years with capital

p a y ments deferred until June 1993.

Ecology Fund: establishment. P.32/91

THE STATES, adopting a proposition

of the Finance and Economics Committee -

 ( a) approved the establishment of an

E c o logy Fund, the interest from

t h e investment of which would be

a v a ilable for use by the trustees

t o g rant aid, wholly or partially,

f o r any activity designed to

p r o mote or protect the environment

o r e cology of Jersey;

 ( b) agreed that there should be five

t ru s tees of the Fund appointed by

t h e States on the nomination of

t h e Island Development Committee;

 ( c) authorised the Treasurer of the S t a tes to transfer the sum of

# 2 0 3,392 plus accrued interest to

t h e Fund;

 ( d) agreed that the Fund should be

a d m inistered in accordance with

t h e report of the Finance and

E c o nomics Committee dated February 1 9 9 1;

 ( e) authorised the trustees to make s u m s available for ecological

p u r poses from the annual

i n v estment income of the Fund.

Maison Le Vesconte: loan to Parish of St. John. P.33/91

THE STATES, adopting a proposition

of the Finance and Economics Committee -

 ( a) authorised the granting of a loan

t o t he Parish of St. John for the

p u r pose of assisting with the

b u i lding of an extension to Maison L e Vesconte home for elderly

p e r sons;

 ( b) agreed that the loan should be 50 p e r cent of the cost of the

p r o ject (including professional

f e es ), up to a maximum sum of

# 2 8 0,000, bearing interest at four

p e r cent a year and be repayable

i n e qual annual instalments over a p e r iod of 15 years; and

 ( c) agreed that the loan should be

s u b ject to the condition that only

r e si dentially qualified persons

w  il l be allowed to take up

r e si dence with the prior knowledge a n d agreement of the Housing

C o m mittee.

Social Security Convention with Norway. P.34/91

THE STATES, adopting a proposition

of the Social Security Committee made an Act entitled the Family Allowances, Attendance Allowances and Social Security (Reciprocal Agreement with Norway) (Jersey) Act 1991.

Medical Treatment Protocol with Norway. P.35/91

THE STATES, adopting a proposition

of the Public Health Committee approved an Act with regard to a reciprocal agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Norway concerning medical treatment.

Attendance Allowances (Amendment No. 4) (Jersey) Law 1991. P.36/91

THE STATES, subject to the sanction

of Her Most Excellent Majesty in Council, adopted a Law entitled the Attendance Allowances (Amendment No. 4) (Jersey) Law 1991.

Social Security (Amendment No. 7) (Jersey) Law 1991. P.37/91

THE STATES, subject to the sanction

of Her Most Excellent Majesty in Council, adopted a Law entitled the Social Security (Amendment No. 7) (Jersey) Law 1991.

Invalid Care and Disability

Allowances (Amendment No. 3) (Jersey) Law 1991. P.38/91

THE STATES, subject to the sanction

of Her Most Excellent Majesty in Council, adopted a Law entitled the Invalid Care and Disability Allowances (Amendment No. 3) (Jersey) Law 1991.

Christmas Bonus (Amendment) (Jersey) Law 1991. P.39/91

THE STATES, subject to the sanction

of Her Most Excellent Majesty in Council, adopted a Law entitled the Christmas Bonus (Amendment) (Jersey) Law 1991.

Family Allowances (Jersey) Regulations 1991. P.49/91

THE STATES, in pursuance of Article

7 of the Family Allowances (Jersey) Law 1972, as amended, made Regulations entitled the Family Allowances (Jersey) Regulations 1991.

33-66 De Quetteville Court, St.

Helier: improvements. P.41/91

THE STATES, adopting a proposition of the Housing Committee -

 ( a) approved Drawing Nos. 2392/222-224 s h o wing improvements to Nos. 33-66

D  e Quetteville Court;

 ( b) authorised the Greffier of the S t a tes to sign the said drawings

o n behalf of the States.

THE STATES rose at 11.00 a.m.

R . S . G  R A Y   G  re f fi er of the States.