States Minutes 26th November 1991

STATES MINUTES 26 t h N ovember 1991

THE STATES assembled on Tuesday, 26th November 1991 at 9.30 a.m. under the Presidency of the Deputy Bailiff ,

V e rnon Amy Tomes, Esquire.

___ _________

 His Excellency the Lieutenant Governor, Air Marshal Sir John Sutton, K.C.B.,

w as pr esent.

___ _______ __

All Members were present with the exception of -

S enator Bernard Thomas Binnington - a bsent

S enator Anne Baal - ill.

S enator Jean Amy Le Maistre - out of

t he Island.

D eputy Henry George Coutanche of St. L awrence - ill.

D eputy Graeme Ernest Rabet of St.

H elier - ill.

D eputy Margaret Anne Le Geyt of St. S aviour - out of the Island.

___ _______ __

P r aye rs

___ _______ __

Statistical Digest

The Finance and Economics Committee

by Act dated 11th November, 1991, presented to the States the Statistical Digest.

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

Matters lodged

The following subject was lodged au Greffe'' -

I mmigration Policy P.179/91 P resented by the Policy and Resources C ommittee

Arrangement of Public Business for the next Sitting on 3rd December 1991

THE STATES confirmed that the following subjects lodged au Greffe should be considered at the next Sitting on 3rd December 1991 -

T he Budget 1992

L odged: 12th November 1991

F inance and Economics Committee

D raft Judgments (Reciprocal

E nforcement) (Amendment No.2) (Jersey) A ct 199 (P.174/91) L odged: 19th November 1991

L egislation Committee

D raft Affidavits (Advocates and S olicitors) (Jersey) Law 199

( P.175/91)

L egislation Committee

Housing: strategy for the 90's. P.142/91

THE STATES commenced consideration of paragraph (1) of a proposition of the Housing Committee regarding Housing: strategy for the 90's. Debate thereon was adjourned with no question being proposed to the States by the Deputy Bailiff .

The States acceded to the request of the President of the Housing Committee that consideration of paragraphs (5), (6) and (7) be deferred to a later date.

The States then adopted the following paragraphs and -

( 2) agreed, in principle, that the

B ui lding Loans (Jersey) Law, 1950, as a mended, and the Building Loans ( M i scellaneous Provisions)

( Je r sey) Regulations 1961, as

am ende d, should be amended -

( i) t o raise the minimum interest r a te on t he purchase of a

hous e f rom three per cent to

f ive per cent from 1st January 1995 , w hilst retaining the

pr es e nt minimum interest rate on t he p urchase of a flat at

t hr ee per cent for the time bei ng;

( ii ) t o remove the maximum int er e s t r ate of 10 per

cent on t he pu rchase of a

p rope r ty and a greed that

the C om m ittee, in

cons ul tat ion with the

F inan ce a nd Economics

C om m i tt ee, should apply m ax i m um interest rates on a f luct uat ing basis in

li n e w i t h co mmercial

int er e s t r ates;

( ii i) t o remove the maximum

p ri ce l im it on a property

o n w hi c h t he Committee is

abl e t o gr ant a building

loan ;

( iv ) t o raise the maximum

loan on t he pur chase of a p rope r ty f rom #78,500 to

# 90,000;

( v ) t o enable loans to be granted on f l a ts purchased by flying f ree hol d' and share

t rans f er';

( vi ) t o enable outstanding

loan s t o be t ransferrable

to a s eco nd or subsequent p rope r ty pr ovided that

the p r ope rty to be sold

is pu r ch as ed by a first-

ti m e buyer ;

( 3) endorsed the intention of the

H o us ing Committee to freeze its S t a tes loan waiting list, subject

t o t hose married couples or

f am ilies who are currently on the l is t and r esident in the Island

bei ng of fered properties when the C om mittee is able to do so;

( 4) agreed, in principle, that the

D w elling Houses (Rent Control)

( Je r sey) Law 1946, as amended, and t he D welling Houses (Rent Control) ( Je r sey) Regulations 1946, as

am ende d, should be amended -

( i) t o provide that tenancies

cov er e d by a Standard Tenancy A gr e em ent approved by the

H ous i ng Committee should be

exe m p t from rent control;

( ii ) t o reduce the current

p er i od du ring which a

rent r e m a ins subject to

cont r ol f r om three years to one yea r following the ini ti al deci sion to

reduc e r ent ;

( ii i) t o remove the provision that w her e a landlord's

rent i s uphe ld as fair

u nder t he procedure, that rent i s s ubj ect to rent

cont r ol ;

( iv ) t o provide that under the p roce dur e, due

reco gni ti on will be given to a r ight to a proper

econom ic r eturn on

p rope r ty, bot h in terms

o f t he cu r rent value of a

res iden t ial property and

the c os t of improvements, m ai nt enan ce and repairs;

( v ) t o provide that initial

app li cat ions are considered by a q ual ified rent officer

em pl oyed by the Housing

C om m ittee;

( vi ) t o provide that appeals

agai ns t t he decision of

the r ent of ficer should

b e con s id ered by a Rent

C on tr ol A ppeals Tribunal, com pr is ing at least three

p er s ons a ppointed by the S tat es ;

( vi i ) to provide a right of

appea l t o t he Royal Court

o n poi nt o f law.

( 8) agreed that sufficient sites need

t o b e found to meet the

r eq uirements identified in the

I sl and Plan, and revised in

acc ordance with subsequent Census dat a, f or the period 1986-1995.

The States acceded to the request of the President of the Housing Committee that paragraph 2 of Senator Richard Joseph Shenton's proposed amendments to the Housing: Strategy for the 90's (P.161/91) be referred to the Committee for report. Further consideration of the proposition was then adjourned to a later date.

Building Loans (Miscellaneous Provisions) (Amendment No. 21) (Jersey) Regulations 1991. P.159/91).

THE STATES, in pursuance of Article

15 of the Building Loans (Jersey) Law 1950, as amended, made Regulations entitled the Building Loans (Miscellaneous Provisions) (Amendment No. 21) (Jersey) Regulations 1991.

THE STATES rose at 5.15 p.m.

C .M. N E W C OMBE D eputy Greffier of the States.