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STATES MINUTES 5 th S e p tember 1995 P r ic e : £ 1 . 2 5
T HE STATES assembled on Tuesday, 5th September 1995 at 9.30 a.m. under t h e Presidency of the Bailiff ,
P hilip Martin Bailhache , Esquire
_ _ _ _ _ _ ______
All Members were present with the exception of -
S enator Pierre François Horsfall - out of
t he Island.
G raham Huelin, Deputy of St. Brelade - out
o f 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 . Battle of Britain Air Display
( J er sey) Order 1995. R & O 8848.
2 . Health Insurance (Pharmaceutical
B e n efit) (General Provisions)
( A m endment No. 5) (Jersey) Order 1995. R & O 8849.
3 . Companies (Fees) (Amendment) ( J er sey) Order 1995. R & O 8850.
4 . Tourism (General Provisions)
( A m endment No. 3) (Jersey) Order 1995. R & O 8851.
5 . Places of Refreshment
( R e gistration) (Fees) (Jersey) Order 1 9 9 5. R & O 8852.
6 . Court of Appeal (Remuneration of
O rd inary Judges) (Jersey) Order 1995. R & O 8853.
7 . Royal Court (Remuneration of
C o m missioners) (Jersey) Order 1995. R & O 8854.
Education Committee - resignation of members
THE STATES noted the resignation of Deputy Philip Roy Cabot of Trinity and Deputy Philip John Rondel of St. John from the Education Committee.
Education Committee - resignation
THE STATES accepted the resignation of Iris Medora Le Feuvre, Connétable of St. Lawrence, President of the Education Committee together with the other members of the Committee.
Matters presented
The following matters were presented to the States on 29th August 1995 -
1 . Sewerage projects: capital
p r o gramme 1996 to 1999. R.C.20/95.
P r e sented by the Public Services
C o m mittee.
T H E STATES ordered that the said report b e p rinted and distributed.
2 . Elderly day care/residential
c a re : capital programme 1995 to 1999.
R . C .21/95.
P r e sented by the Public Health
C o m mittee.
T H E STATES ordered that the said report b e p rinted and distributed.
3 . Housing: States rental waiting
l is t and development programme as at
3 0 t h June 1995. R.C.22/95.
P r e sented by the Housing
C o m mittee.
T H E STATES ordered that the said report b e p rinted and distributed.
Matters noted - land transactions
THE STATES noted Acts of the Finance and Economics Committee dated 31st July, 14th August and 25th August 1995 showing that, in pursuance of Standing Orders relating to certain
transactions in land, the Committee had
approved -
( a) as recommended by the Public Services C o m mittee, the public being party to a
d e e d of sale between Mr. Howard Oke
D ar t, vendor, and Brooklands Limited,
p u r chasing company, in respect of the
p r o perty Brooklands, Old Trinity Hill,
S t . Helier in order to -
( i) ensure that the boundary walls of th e p ro perty remained in the
en t i re ownership of the proprietor
o f th e property;
( ii ) grant a right of access with or
w i th o u t workmen, materials,
la d d e r s and scaffolding onto the re l e v an t area of the Millrace in
o rd e r t o maintain the said
b o u n d ary walls, such works to be ca r r ie d out as quickly as possible ca u s i n g the least inconvenience
p o ss i b le and the affected areas to b e r e in stated to the same state as th e y w ere before the works were ca r r ie d out; and
( ii i) ensure that overhanging trees
at p re s e n t growing on the site
o f B r o o k lands remained as at
p re s e n t, w ith a right of
ac c e s s b e ing granted for the
p u rc h a s in g company with or
w i th o u t w orkmen and materials
o n to th e Millrace area on the
sa m e t e rm s and conditions as
ab o v e , i n order to maintain
an d c u t t he said trees;
o n the basis that the purchasing
c o m pany would be responsible for all t h e legal costs involved in the
t ra n saction;
( b) as recommended by the Public Services C o m mittee, the sale to Mr. Henry George M a tson of an area of land in Field
N o . 3, St. Clement (measuring
a p p roximately 96 square feet), for a
c o n sideration of £10, subject to -
( i) the purchaser being responsible fo r a l l legal costs involved in
th e tr a nsaction and for the cost
o f re p l acing the boundary stones;
( ii ) no building being allowed on the la n d w ith the exception of
fe n c i n g;
( ii i) the surface water culvert
re m a in ing as established, or as re p l a ce d by the public, if
n ec e s s ary;
( iv ) a right of access being granted to th e p u blic whenever necessary to ca r r y o ut the maintenance of the
cu l v e r t;
( c) as recommended by the Public
S e r vices Committee, the lease to Mr.
J o s eph Andrew Smith of the Quadcycle S t o rage Concession, West Park, St.
H el ier, for a period of three years
f ro m 1st April 1995, at an annual rent
o f £ 250, subject to annual review, on
t h e same terms and conditions as the
p r e vious lease; (the Committee
r e sc inded its Act No. 2(b) of 15th May 1 9 9 5 which was notified to the States
o n 23rd May 1995);
( d) as recommended by the Planning
a n d Environment Committee, the entering i n to of a deed of arrangement with Mr.
A n eurin Terence Brain and Mrs. Janis
B r a in, née Belcher, the owners of
N ir vana, Park Estate, St. Brelade, in
o r d er to establish the correct boundary
o f t he property with the adjoining
p r o perties, on the basis that the
p u b lic's legal costs would be met by
t h e former owner of the property,
n a m ely Mrs. Marion Edith Munz-Jones,
n é e Munz;
( e) as recommended by the Planning a n d Environment Committee -
( i) the purchase from Chinq
H o l d in gs Limited of the main
st r u ct u re of the industrial
b u il d in g (factory units) at La
C o ll e tt e, St. Helier, for a sum of
£4 9 6 ,7 68.89; and
( ii ) the grant of new 42-year leases on th e in d ividual factory units of
th e in d ustrial building at La
C o ll e tt e, St. Helier (at a rate of
£0 .8 0 a square foot for buildings
an d £ 0 .20 a square foot for
p ar k i n g areas), together with an
in i ti a l capitalised rental payment
fo r t h e use of the structure, as
fo l lo w s -
C a p i ta l i se d A n n u a l
R e n t a l R e n t a l P a y m e n t
A s h le y and Company
L im it e d £ 1 65,589.65 £8,84
4 .0 5
D e n is Romeril Agencies and
C o m p a n y (Jersey) Limited £66,2 3 5 .8 5 £ 3 , 3 9 0.69
P io n e e r Coaches Limited £ 132,4
7 1 .6 9 £ 6 , 7 8 1.38
R .R . W hittingham and
C o m p a n y £ 6 6 ,235.85 £3,39
0 .6 9
A v o S hocks Limited £66,235.85 £3, 1 0 2 .6 6 ;
( f) as recommended by the Education
C o m mittee, the lease to the Jersey
E l e ctricity Company Limited of the
s u b station situated on the site of the
n e w Jersey College for Girls
P r e paratory School to the north of the
g r o unds adjacent to the access road
f ro m Claremont Road, St. Saviour , for a p e r iod of 99 years, commencing on the p a s sing of the relevant contract, for a
s u m of £1 a year, payable in full at
t h e commencement of the contract,
t o g ether with the grant of wayleave to
t h e Company, free of charge, to enable i t to carry out the necessary cabling,
w it h each party being responsible for
i ts o wn legal fees;
( g) as recommended by the Education
C o m mittee, the extension of the lease f ro m Mr. Richard Derrick Rowse of
F l a t 1, Der Rose, Les Landes Hill, St. M a rtin, for a period of one year from 1 s t September 1995, at an annual rent
o f £ 5,108.47, required for occupation b y a teacher at Le Rocquier School,
s u b ject to the same terms and
c o n ditions as applied in the existing
l e as e agreement;
( h) as recommended by the Housing
C o m mittee, the renewal of the lease to
t h e Jersey Electricity Company Limited
o f S ub-Station No. 419, Le Geyt Flats,
S t . Helier, for a period of 99 years,
c o m mencing on the passing of the
r e le vant contract, for a sum of £1 a
y e a r, payable in full at the
c o m mencement of the contract, together w it h the grant of wayleave to the
C o m pany, free of charge, to enable it
t o c arry out the necessary cabling,
w it h each party being responsible for
i ts o wn legal fees;
( i) as recommended by the Housing
C o m mittee, the lease to the Jersey
E l e ctricity Company Limited of Sub-
S t a tion No. 593, Keith Baal Gardens,
S t . Helier, for a period of 99 years,
c o m mencing on the passing of the
r e le vant contract, for a sum of £1 a
y e a r, payable in full at the
c o m mencement of the contract, together w it h the grant of wayleave to the
C o m pany, free of charge, to enable it
t o c arry out the necessary cabling,
w it h each party being responsible for
i ts o wn legal fees;
( j) as recommended by the Sport, Leisure a n d Recreation Committee, the entering i n to of a deed of arrangement with Mr. P a u l de Veulle Filleul and Mrs. Linda
M a ureen de Veulle Filleul, née Garry,
j o in t owners of the property Richarde,
L a n gley Avenue, St. Saviour , in order
t o r atify the boundary between their
p r o perty and tennis court No. 3 located at G rainville Playing Fields, with each p a r ty being responsible for its own
l e ga l fees;
( k) as recommended by the Public Health C o m mittee, the lease from Mr. Roy
H u elin Vibert of the properties at
N o s. 1 and 9 Baycroft Nurseries, St. C l e ment (both detached three-bedroom h o u ses), for a further period of three
y e a rs from 1st July 1995 at an annual
r e n t of £10,223 for each house, subject t o a nnual review and with an option to e x te nd for a further period of two
y e a rs from 1st July 1998;
( l) as recommended by the Public Health
C o m mittee, the lease from Captain
W il liam Anderton of the studio flat at
N o . 44 Marina Court, The Esplanade, St. H el ier, for a further period of one
y e a r from 25th March 1995, at an annual r e n t of £3,748.68, together with an
a n n ual service charge of £260;
( m) as recommended by the Public Health
C ommittee, the lease from Mr. Donald
E r n est Brook Duckworth and Mrs. Siobain N ic olette Duckworth, née Wade, of the
t h re e-bedroom house at No. 5 Clos de la
B a u le, Rue des Pres, Grouville , for a
f u rt her period of one year from 1st
A p ril 1995, at an annual rent of
£1 2 ,680;
( n) as recommended by the Public Health C o m mittee, the lease from Mr. Brian
V ic tor Le Herrisier and Mrs. Patricia
A n n Le Herrisier, née Eve, of the
t h re e-bedroom house at Le Petit Fief,
F o s se à l'Ecrivain, Maufant, St.
S a v iour, for a further period of one
y e a r and one month from 1st August
1 9 9 5, at an annual rent of £10,399.48;
( o) as recommended by the Public Services C o m mittee, the renewal of the lease to
M is s Jean De Carteret Marett of the
p r o perty Seymour Tower, La Grande
A v arizon, Grouville , for a period of
n i n e years from the signing of the
l ea se, at an annual rent of £250, with
t ri e nnial rent reviews;
( p) as recommended by the Public Services C o m mittee, the renewal of the lease to
M r . John Worrall Bartlett of the
p r o perty Icho Tower, St. Clement 's Bay, S t . Clement, for a period of nine years
f ro m the signing of the lease, at an
a n n ual rent of £250, with triennial
r e n t reviews;
( q) as recommended by the Public Services
C o m mittee, the renewal of the lease to
t h e Jersey Electricity Company Limited
o f S ub-Station No. 410, Noirmont
H ea dland, Noirmont Point, St. Brelade, f o r a period of 99 years, commencing on t h e passing of the relevant contract,
f o r a sum of £1 a year, payable in full
a t t he commencement of the contract,
t o g ether with the grant of wayleave to
t h e company, free of charge for cable
r o u tes, with each party being
r e sp onsible for its own legal fees;
( r) as recommended by the Public Services C o m mittee, the renewal of the lease to
t h e Jersey Electricity Company Limited
o f S ub-Station No. 119, Railway Walk,
S t . Brelade, for a period of 99 years,
c o m mencing on the passing of the
r e le vant contract, for a sum of £1 a
y e a r, payable in full at the
c o m mencement of the contract, together w it h the grant of wayleave to the
C o m pany, free of charge for cable
r outes, with each party being
r e sp onsible for its own legal fees;
( s) as recommended by the Public Services C o m mittee, the renewal of the lease to
t h e Jersey Electricity Company Limited
o f S ub-Station No. 601, St. Aubin's
H ar bour, St. Brelade , for a period of
9 9 years, commencing on the passing of t h e relevant contract, for a sum of £1
a y e ar, payable in full at the
c o m mencement of the contract, together w it h the grant of wayleave to the
c o m pany, free of charge for cable
r o u tes, with each party being
r e sp onsible for its own legal fees;
( t) as recommended by the Sport, Leisure
a n d Recreation Committee, to the lease t o t he Jersey Electricity Company
L i m ited of an electricity sub-station
a t t he Les Quennevais Sports Complex, S t . Brelade, to commence on the passing
o f t he relevant contract at £1 a year
f o r a period of 99 years, with the
g r a nting of a wayleave free of charge,
f o r cable routes, with each party being
r e sp onsible for its own costs, and the
t o ta l sum to be paid in full at the
c o m mencement of the contract.
Matters lodged
The following matter was lodged au Greffe'' -
N ew public park: an undertaking to
m ark the millenium - P.121/95.
P resented by Senator S. Syvret and
r eferred to the Planning and Environment C ommittee.
L odged on 8th August 1995 -
1 . Draft Children (Amendment No. 5) ( J er sey) Law 199 - P.103/95.
P r e sented by the Education
C o m mittee.
2 . Draft Gambling (Betting)
( A m endment No. 9) (Jersey) Regulations 1 9 9 - P.104/95.
P r e sented by the Gambling
C o n trol Committee.
3 . Education Committee: vote of no c o n fidence - P.105/95 (Revised). P r e sented by Deputy E.M. Pullin
o f S t. Saviour.
4 . Draft Health Insurance (Medical
B e n efit) (Amendment No. 44) (Jersey) R e g ulations 199 - P.106/95.
P r e sented by the Employment and
S o c ial Security Committee.
L odged on 15th August 1995 -
1 . Strategic Policy Review 1995 -
P a r t I ( 2000 & Beyond'') - P.107/95 ( P a rt I).
P r e sented by the Policy and
R e s ources Committee.
2 . Draft Interest on Debts and
D am ages (Jersey) Law 199 - P.108/95. P r e sented by the Legislation
C o mmittee.
3 . Field No. 116, Le Clos de
M a itland, St. Clement: construction of d w elling in Green Zone - P.109/95.
P r e sented by Senator P.A.
B a i lhache.
4 . Draft Housing (General
P r o visions) (Amendment No. 11) (Jersey) R e g ulations 199 (P.100/95(b)):
a m e ndment - P.110/95.
P r e sented by Deputy D.A. Carter
o f S t. Helier.
L odged on 29th August 1995 -
1 . Draft Public Health Committee
( C h ange of Name) (Jersey) Act 199 - P . 1 11/95.
P r e sented by the Public Health
C o m mittee.
2 . Draft Transfer of Functions
( H e alth and Social Services Committee) ( J er sey) Act 199 - P.112/95.
P r e sented by the Education
C o m mittee.
3 . Draft Social Security (Amendment
N o . 12) (Jersey) Law 199 - P.113/95. P r e sented by the Employment and
S o c ial Security Committee.
4 . Draft Health Insurance
( A m endment No. 10) (Jersey) Law 199 - P . 1 14/95.
P r e sented by the Employment and
S o c ial Security Committee.
5 . Simultaneous voting/enhanced
s o u nd systems in States Chamber - P . 1 15/95.
P r e sented by the House
C o m mittee.
6 . Draft Powers of Attorney
( J er sey) Law 1995 (Appointed Day) Act 1 9 9 - P.116/95.
P r e sented by the Legislation
C o m mittee.
7 . Strategic Policy Review 1995 -
P a r t II ( Resource Plan'') - P.107/95 ( P a rt II).
P r e sented by the Policy and
R e s ources Committee.
8 . Draft Vienna Document
( P r ivileges and Immunities) (Jersey) L a w 199 - P.117/95.
P r e sented by the Policy and
R e s ources Committee.
9 . Strategic Policy Review 1995 -
P a r t I ( 2000 & Beyond'') (P.107/95 P a r t I): amendment - P.118/95.
P r e sented by Deputy A.J. Layzell
o f S t. Brelade.
1 0. Strategic Policy Review 1995 -
P a r t I ( 2000 & Beyond'') (P.107/95
P a r t I): second amendment - P.119/95. P r e sented by Deputy G. Matthews
o f S t. Brelade.
1 1. St. John's Primary School:
a l te rations and extensions - P.120/95. P r e sented by the Education
C o m mittee.
Education Committee: vote of no confidence - P.105/95 (Revised). Withdrawn
THE STATES noted that Deputy Evelyn Mabel Pullin of St. Saviour had withdrawn her proposition of
no confidence in the Education Committee
(P.105/95 (Revised) - lodged au Greffe'' on
8th August 1995).
Waiving of Standing Order No. 41(1B)
THE STATES adopting a proposition of Deputy Derek Ryder Maltwood of St. Mary agreed to waive paragraph (1B) of Standing Order No. 41 and agreed that each candidate nominated as the President of the Education Committee at the present Meeting might address the States for not more than fifteen minutes setting out the manner
in which he or she would propose to discharge
his or her responsibilities as President of that Committee.
Education Committee - appointment of President
There were nominated for appointment as President of the Education Committee -
I ris Medora Le Feuvre, Connétable of St. L awrence - proposed by Senator Richard J oseph Shenton; and
E velyn Mabel Pullin, Deputy of St.
S aviour - proposed by Deputy Leonard Norman
o f St. Clement.
THE STATES, having proceeded to a secret ballot, the Bailiff declared that Deputy Evelyn Mabel Pullin of St. Saviour had been elected President
of the Education Committee.
The result of the ballot was as follows -
D eputy E.M. Pullin 3 0 v o te s
C onnétable of St. Lawrence 2 0 votes
THE STATES rose at 10.24 a.m.
G .H .C . C O P P O C K G r e ff i er of the States.