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STATES MINUTES 9 t h A p ril 1991 P r ic e : # 1 .0 0
THE STATES assembled on Tuesday, 9th April 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 Anthony Beresford Chinn - out
o f the Island.
I ris Medora Le Feuvre, Connétable of
S t. Lawrence - out of the Island.
E nid Clare Quenault, Connétable of St. B relade - out of the Island.
R ichard Winter Le Sauteur, Connétable
o f Grouville - out of the Island.
P ercy John Le Masurier, Deputy of St. O uen - absent, excused.
T erence Ahier Jehan , Deputy of St.
M artin - out of the Island.
Stuart Syvret, Deputy of St. Helier -
o ut of the Island.
_ _ _ _ _ _______
Subordinate legislation tabled
The following enactments were laid before the States, namely -
1 . Road Traffic (Saint Helier)
( A m endment No. 14) (Jersey) Order 1 9 9 1. R & O 8191.
2 . Road Traffic (Saint Martin)
( A m endment No. 3) (Jersey) Order 1 9 9 1. R & O 8192.
3 . Road Traffic ( Grouville )
( A m endment No. 6) (Jersey) Order 1 9 9 1. R & O 8193.
Contingencies vote of credit: Public
Services Committee
THE STATES noted an Act of the
Finance and Economics Committee dated 3rd April 1991, informing the States that it
had made available to the Public Services Committee the sum of #55,000 from the contingencies vote of credit to cover
various expenses relating to accommodation for the Judicial Greffe.
Dwelling Houses Loan Fund: accounts for 1990. R.C.15
The Housing Committee by Act dated
15th March 1991, presented to the States
the accounts of the Dwelling Houses Loan Fund for the year ended 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 3rd April 1991, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -
( a) as recommended by the Housing
C o m mittee, with the support of
t h e Island Development Committee, t h e purchase from Mrs. Wendy
E v e lyn Tipping, née Janvrin, Mr.
A n thony Winter Nichols, Mrs.
J a c queline Olga Barker née
N ic hols and Mrs. Nicole Anita
C o p ping née Nichols of the
p r o perty No. 90 Great Union Road, S t . Helier, for the sum of
# 1 4 0,000, with each side being
r e sp onsible for its own legal
f e es ;
( b) as recommended by the Housing
C o m mittee, with the support of
t h e Island Development Committee, t h e purchase from Mr. Leonard
H er ivel of the properties No. 25
S t o pford Road and No. 24 Byron
L a n e, St. Helier , for the sum of
# 1 2 0,000, with each side being r e sp onsible for its own legal f e es ;
( c) as recommended by the Housing
C o m mittee, with the support of the I s la nd Development Committee, the p u r chase of approximately 1.97
v e r gées of land forming part of
F i e ld 1517, Bellozanne, St.
H el ier, required in connexion with
t h e development of Category A
h o u sing, for a consideration of
# 1 5 9,272, with each side being
r e sp onsible for the payment of its
o w n legal fees (The Committee
r e sc inded paragraph (e)(ii) of its
A ct No. 5 of 15th October 1990
w h ich was notified to the States
o n 23rd October 1990);
( d) as recommended by the Harbours and A ir port Committee, the lease to F.
B a t trick and Sons Limited of
s to r age space on the Albert Pier,
S t . Helier (Letting Nos. A2 to
A 7 A) for a period of three years
f ro m 1st April 1991 at an annual
r e n t of #5,490 to be increased
a n n ually in line the with Jersey
C o s t of Living Index;
( e) as recommended by the Harbours and A ir port Committee, the lease to
M r . Augusto Alberto De Aguiar
M a tos of the Sailors' Rest Café,
N ew North Quay, Port of St.
H el ier, for a period of three
y e a rs from 1st April 1991 at a
r e n t of #7,000 for the first year,
# 8 , 000 for the second year and
# 9 , 000 for the third year;
( f) as recommended by the Tourism
C o m mittee, the lease to Mr
D o menico Ammirati and Mrs. Jean A m mirati, née Waddington of the
O ld Station Café, St. Helier, for
o n e year from 26th December 1990
a t a rent of #5,400.
Matter noted - financial transaction THE STATES noted an Act of the
Finance and Economics Committee dated 3rd April 1991, showing that in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules 1967, as amended, the Committee had noted that the Education Committee had accepted the lowest of six tenders, namely that submitted by B. & C. Construction Limited in the sum of #77,345.95 for the construction of an extension to Plat Douet School, St.
Saviour.
Matters lodged
The following subjects were lodged au Greffe'' -
1 . Draft Road Traffic (No. 40) ( J er sey) Regulations 199 .
P . 5 3/91.
P r e sented by the Defence
C o m mittee.
2 . Draft Highways (Amendment No. 2) ( J er sey) Law 199 . P.54/91.
P r e sented by the Public Services
C o m mittee.
3 . Jersey Haig Homes Appeal: grant. P . 5 5/91.
P r e sented by the Finance and
E c o nomics Committee.
4 . Roadside walls and banques: r e p airs. P.56/91.
P r e sented by the Island
D ev elopment Committee.
5 . 16 Hill Street, St. Helier:
t e m porary accommodation for
J u d icial Greffe. P.57/91.
P r e sented by the Public Services C o m mittee.
6 . Sport, Leisure and Recreation C o m mittee. P.58/91.
P r e sented by the Policy and
R e s ources Committee.
7 . Training in the Island. P.59/91. P r e sented by the Policy and
R e s ources Committee.
THE STATES noted that in pursuance of Standing Order 17(6) the following subject lodged au Greffe'' had been withdrawn -
K ent Lodge, 21 Clarendon Road, St. H elier: compulsory purchase. P.49/90. L odged: 10th April 1990.
H ousing Committee.
Arrangement of Public Business for the next Sitting on 23rd April 1991
THE STATES confirmed that the following subjects lodged au Greffe should be considered at the next Sitting on 23rd April 1991 -
S ludge dryer plant: acceptance of t ender. P.45/91.
L odged: 26th March 1991.
P ublic Services Committee.
U ltra violet light disinfection
e quipment: acceptance of tender. P .46/91.
L odged: 26th March 1991.
P ublic Services Committee.
D raft Road Traffic (No. 40)
( Jersey) Regulations 199 . P.53/91. L odged: 9th April 1991.
D efence Committee.
D raft Highways (Amendment
N o. 2) (Jersey) Law 199 . P.54/91. L odged: 9th April 1991.
P ublic Services Committee.
J ersey Haig Homes Appeal: g rant. P.55/91.
L odged: 9th April 1991.
F inance and Economics
C ommittee.
R oadside walls and banques:
r epairs. P.56/91.
L odged: 9th April 1991.
I sland Development Committee.
1 6 Hill Street, St. Helier:
a ccommodation for Judicial Greffe. P .57/91.
L odged: 9th April 1991.
P ublic Services
C ommittee.
Independent local radio. Statement
The Vice-President of the
Broadcasting Committee made a statement in the following terms -
The Broadcasting Act 1990 is now in
f orce and parts of it, relating to
television services and new
t ransmitting arrangements have been
e xtended to Jersey. The Committee does n ot propose, at this stage, to extend
t he Section on Cable Television as the
e xisting arrangements are
s atisfactory, and this leaves
i ndependent local radio.
T he States on 23rd October 1990
a dopted a proposition (P.153/90) of t he Broadcasting Committee and -
( a) agreed to vary their decision of
2 8 t h September 1977 and to allow a c o m mercial radio station to be set
u p to operate from within the
I s la nd for reception within the
I s la nd;
( b) authorised the Broadcasting
C o m mittee to negotiate with the R a d io Authority with a view to
t h at Authority being the licensing a u th ority for such a station.
T he Committee has now had
f urther discussions with the Radio
A uthority, and in so doing, has taken a ccount of concern expressed by some M embers during the debate that the
d ecision on which company should be a warded the licence should be taken
l ocally.
T he Committee fully accepts the
r easons for Members' concern and has r econsidered the advantages and
d isadvantages of extending Part III of t he Broadcasting Act 1990 to the
I sland. If the decision is to be taken
l ocally, the Committee is in no doubt t hat this will entail new legislation
a nd the production of codes for
p rogrammes and advertising standards
a nd a complaints procedure. This
p rocess assumes that the necessary
e xpertise is available locally and
w ill inevitably take some considerable t ime. It is, therefore, doubtful that
a station could commence within the f oreseeable future.
T he Committee, which now includes
f our members who did not serve on the p revious Committee, has concluded that t he most realistic way to proceed is
t o invite the Radio Authority to be
t he licensing authority for such a
s tation. The obvious advantages of
a dopting this course of action are
c learly set out in P.153/90. As a
r esult of the further discussions with
t he Radio Authority, the Committee has
o btained written confirmation of its
i nvolvement during the application
p rocess as follows -
( 1) Before a licence is advertised,
t h e Committee will provide the
A u thority with Notes to
A p plicants' explaining the
p a r ticular circumstances of the
I s la nd (including various controls w h ich exist). These notes will be s e n t out to all applicants
t o g ether with the Authority's
d o c umentation.
( 2) The licence will be advertised in t h e Jersey Evening Post by the
A u thority. At the time of licence
a d v ertisement the Authority will
i n v ite comments from the public
a b o ut the local radio needs of the
I s la nd and, in due course, about
p a r ticular applicants' proposals.
T h e Authority will make it clear
t h at these comments will also be
m ad e available to the Committee
f o r its appraisal, on the
u n d erstanding that such
c o r respondence will be handled on a s t rictly confidential basis.
( 3) Once applications are received, c o p ies will be made available to t h e Committee, as well as being d e p osited for public scrutiny in t h e Public Library. Radio
A uthority staff will evaluate all a p p lications submitted, conducting f o ll ow-up telephone interviewing
o f a pplicants as necessary,
a c c ording to its usual procedure.
I n p arallel, the Committee will be f o rm ing its own views on the
s tr e ngths and weaknesses of each a p p lication. It is expected that
t h er e will be a degree of
c o n sultation and dialogue at staff
l e ve l during this process. The
C o m mittee would then indicate
w h ich of the applications are
r e g arded as acceptable for a
p o t ential licence award, providing a r e asoned justification for any
t h at it would not be happy to see
a w a rded the licence. The Authority s ta f f will similarly have
i d en tified those which are of
a d e quate quality to be considered b y the Authority. The Committee w il l also be welcome to submit
d e ta iled observations on
i n d ividual applications, which
w il l be placed before the
A u thority Members in full,
a l on gside its staff briefings,
p r io r to the decision on licence
a w a rd.
( 4) The eventual licence award
d e c ision will be made by the
A u thority Members, who will select
f ro m among those candidates which
a r e both acceptable to the
C o m mittee and are recommended as a r e su lt of the Authority's staff
e v a luation. If no applicant
s a ti sfies both these requirements,
n o licence award will be made.
T h u s, the Committee effectively
h a s a right of veto.
I n addition, the Committee has
d iscussed with the Law Officers of the C rown a strengthening to the Act in
t he Extension Order which will require t he Authority specifically to take
a ccount of the views expressed by the B roadcasting Committee. This proposal, w hich has been welcomed by the Radio A uthority, will be contained in the
d raft Extension Order to be submitted
t o the Home Office.
I t is therefore proposed that the
l icence will be advertised by the late
s ummer, enabling the licence to be
a warded by the end of 1991/early 1992, a nd the service being broadcasting
d uring 1992.''
Territorial Army Centre, La Collette: purchase and sale of land. P.30/91
THE STATES, adopting a proposition
of the Public Services Committee approved the following transactions in connexion with the security provisions and construction of a Territorial Army Centre at La Collette, with each party to pay its legal fees thereby incurred -
( a) the purchase from the Parish of
S t . Helier of an area of land at
L a Collette measuring
a p p roximately 1 vergée, 11 perch s h o wn on plan number 2191/2 for t h e sum of #10;
( b) the sale to the Parish of St.
H el ier of an area of land at South
H il l measuring approximately 1
v e r gée, 30 perch shown on plan
n u m ber 2191/1 for the sum of #10;
( c) to authorise the Treasurer of the S t a tes to pay the appropriate
c o s ts out of the vote of credit
0 6 4 1;
( d) to authorise the Treasurer of the S t a tes to receive the appropriate s u m and credit it to Account
R . 4 02;
( e) to authorise the Attorney General a n d the Greffier of the States to
p a s s the necessary contracts in
t h e matter;
( f) to agree that, following the
p u r chase, the area of land at La
C o l lette required for the
T e r ritorial Army Centre will be
a d m inistered by the Defence
C o m mittee and that the remainder
o f t he area will be administered
b y the Public Services Committee. Loi (1991) (Amendement) sur les Etrangers. P.42/91
THE STATES, subject to the sanction
of Her Most Excellent Majesty in Council, adopted a Law entitled the Loi (1991) (Amendement) sur les Etrangers.''
Property Management Office. P.43/91
THE STATES, adopting a proposition
of the Policy and Resources Committee approved the establishment of a Property Management Office as outlined in the report of the Policy and Resources Committee dated 28th February 1991.
Sewage: treatment of liquid waste. P.44/91
THE STATES, adopting a proposition of the Public Services Committee -
( 1) approved, in principle, the
p r o posals of the Public Services
C o m mittee regarding the acceptance
o f t enders for both the sludge
d r y er scheme and the ultra violet
l ig h t disinfection scheme for
l iq u id waste treatment, outlined
i n t hat Committee's report dated
1 2 t h March 1991;
( 2) approved Drawings Nos. JSM/231, 2 3 2 , 233, 234 showing the
p r o vision of a sludge dryer plant
a t B ellozanne, St. Helier , and to
a u th orise the Greffier of the
S t a tes to sign the Drawings on
b e h alf of the States;
( 3) approved Drawings Nos.
J S P /PLAN/001, 002, 003, 005, 006, 0 0 7 and 162/018 showing the
p r o posed installation of an ultra
v i o let light disinfection plant at
t h e Bellozanne sewage treatment
w o rks, and to authorise the
G re ffier of the States to sign the
D ra wings on behalf of the States.
Central Market roof repairs. P.47/91
THE STATES, adopting a proposition
of the Public Services Committee agreed to refer to their Act dated 20th June 1989, and approved revised costings for the repair and redecoration of the Central Market roof, contained in the report, dated 8th March 1991, of the Public Services Committee.
Nemo Charitable Institution: grant. P.48/91
THE STATES, adopting a proposition
of the Finance and Economics Committee approved the provision of further funding
to the Nemo Charitable Association in the sum of #33,000 in order to assist with the running expenses of Causeway House for the year to 31st March 1992.
Parish Rate (Administration) (Amendment No. 5) (Jersey) Law 1991. P.49/91
THE STATES, subject to the sanction
of Her Most Excellent Majesty in Council, adopted a Law entitled the Parish Rate (Administration) (Amendment No. 5) (Jersey) Law 1991.
Parish Rate (Administration) (Jersey) Regulations 1991. P.50/91
THE STATES, in pursuance of Article
24A of the Parish Rate (Administration) (Jersey) Law 1946, as amended, made Regulations entitled the Parish Rate (Administration) (Jersey) Regulations 1991.
Jersey New Waterworks Company Limited: issue of preference shares. P.51/91
THE STATES, adopting a proposition
of the Finance and Economics Committee -
( a) confirmed that they will instruct t h ei r proxy to vote in favour of a r e so lution when this is put to
s h a reholders of the Jersey New W a terworks Company Limited to i n cr ease the authorised share
c a p ital of the company by £4.5 m il lion;
( b) approved their commitment to take u p the £4.5 million preference
s h a res, initially at a coupon of
7 . 5 per cent for the first ten
y e a rs, 1991 to the year 2000, and
t h er eafter at a coupon of 10 per
c e n t in perpetuity.
THE STATES rose at 11.50 a.m.
C . M . N E W C OMBE D eputy Greffier of the States.