States Assembly | States Minutes 3rd December 2002

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THE STATES assembled on Tuesday, 3rd December 2002 at 9.30 a.m. under the Presidency of the Bailiff ,

Sir Philip Bailhache .

His Excellency the Lieutenant Governor,

Air Chief Marshal Sir John Cheshire, K.B.E., C.B., was present

All members were present with the exception of -

S e nator Paul Vincent Francis Le Claire - ill

F r ancis Herbert Amy, Connétable of Grouville - ill

J o hn Benjamin Fox, Deputy of St. Helier - out of the Island

Prayers read by the Greffier of the States

Committee of Inquiry into Honorary Police Election Procedures: report - R.C.48/2002

The Bailiff presented to the States the report of the Committee of Inquiry into Honorary Police Election Procedures and on behalf of all members, thanked the members of the Committee of Inquiry for their work.

Connétable of Grouville - accident recovery

The Bailiff , on behalf of all members, extended best wishes to the Connétable of Grouville and his family, following his recent car accident in France.

Subordinate legislation tabled

The following enactments were laid before the States, namely -

Motor Traffic (Taxi-Cabs - General) (Jersey) Order 2002. R&O 137/2002.

Mo t or Cars (Driving Instruction) (Amendment No. 13) (Jersey) Order 2002. R&O 142/2002.

Mo t or Vehicles (Construction and Use) (Amendment No. 4) (Jersey) Order 2002. R&O 143/2002.

Mo t or Vehicles (Driving Licences) (Amendment) (Jersey) Order 2002. R&O 144/2002.

Mo t or Traffic (Public Service Vehicles (Fees) (No. 2) (Jersey) Order 2002. R&O 145/2002.

R o a d and Sand Racing (Jersey) Order 2002. R&O 146/2002.

Me r chant Shipping (Small Ships Register) (Amendment No. 6) (Jersey) Order 2002. R&O 147/2002. R o a d Traffic (Public Parking Places) (No. 3) (Jersey) Order 2002. R&O 148/2002.

R o y al Court (Remuneration of Commissioners) (Jersey) Order 2002. R&O 149/2002.

C o u rt of Appeal (Remuneration of Ordinary Judges) (Jersey) Order 2002. R&O 150/2002.

C o m panies (Subsidiaries) (Transitional Provisions) (No. 2) (Jersey) Order 2002. R&O 151/2002. R o a d Traffic (Public Parking Places - Charges) (No. 2) (Jersey) Order 2002. R&O 152/2002.

Matters presented

The following matters were presented to the States -

Annual Report of the Director of Public Health Services 2002. P r esented by the Health and Social Services Committee.

L e Talus, La Rue du Nord, St. John, sale of land and Fremont Headland, St. John: acquisition of land

(P.200/2002) - comments - P.200/2002. Com.

P r esented by the Finance and Economics Committee.

Budget 2003: amendment (P.212/2002-) amendment - (P.212/2002 Amd.) - comments - P.212/2002. Amd. Com. P r esented by the Agriculture and Fisheries Committee.

Budget 2003: amendment (P.212/2002-) comments -P.212/2002. Com.(2). P r esented by the Finance and Economics Committee.

Budget 2003: amendment (P.212/2002-) amendment (P.212/2002 Amd.)- comments - P.212/2002. Amd.Com.(2). P r esented by the Finance and Economics Committee.

L e Chemin du Douet, St. Ouen: acquisition of track (P.214/20- 0c2o)m ments - P.214/2002 Com. P r esented by the Finance and Economics Committee.

Budget 2003: second amendment (P.218/2002- ) comments - P.218/2002 Com. P r esented by the Finance and Economics Committee.

The following matter was presented on 26th November 2002 -

Draft Parish Rate (Administration) (Jersey) Law 2- 0(P0.199/2002) - comments - P.199/2002 Com. P r esented by the Finance and Economics Committee.

Matters noted - land transactions

THE STATES noted an Act of the Finance and Economics Committee dated 15th November 2002 recording the following decisions of the Treasurer of the States under delegated powers, in pursuance of Standing Orders relating to certain transactions in land -

(a ) as recommended by the Committee for Postal Administration, the entering into of a Deed of

Arrangement with Royal Trust Properties Limited in order to clarify the boundaries between the Post Office at Nos. 15 and 17 Broad Street, St. Helier and Nos. 15 and 17 Broad Street/19-21 Commercial Street, with the inclusion of the right to reduce the level of the party-owned wall - the timing of the demolition of which was covered by a pre-signed licence agreement.

U p o n completion of the removal of the section of wall between the rear of the Post Office building and

the north of the Royal Bank of Canada building (Nos. 7-9 Commercial Street), this was to be replaced by a new rendered wall built up to and on to the centre line of the existing party-owned wall and the public would retain the right to build up and on to the centre line of the party-owned wall in due course when redeveloping the premises 15-17 Broad Street.

T h e g ranting of the abovementioned rights would not in any way prevent the public from improving, enlarging or extending its own premises in the future. Royal Trust Properties Limited, as owners of

Nos. 7-9 Commercial Street/19-21 Broad Street, would move at its own cost any protective flashings or any other

such structures to enable the public to carry out any work upon its own property. It would also have the rights of access on to Nos. 15-17 Broad Street and for future repair and maintenance, carrying out any work as quickly as possible causing the least inconvenience possible to the public.

R o y a l Trust Properties Limited were to be responsible for both parties' legal costs arising from this

transaction;

( b ) as recommended by the Sport, Leisure and Recreation Committee, the lease to Leeward Enterprises

Limited of crèche facilities within the ground floor of Springfield Stadium, St. Helier for a further period of three years deemed to have commenced from 11th May 1998, at an annual rent of £24,000, with an option to renew for a further period;

( c ) as recommended by the Public Services Committee, the entering into of a Deed of Arrangement with

Millbrook Developments Limited, as owner of the property known as Richmond Villa, La Route de St. Aubin, St. Lawrence, which neighboured Coronation Park administered by the Committee, in orde to ratify the western boundary of the property. Terms had been agreed such that the new wall would form the western boundary within the property known as Richmond Villa and would belong in its entirety to the company, subject to the payment by the company of the sum of £750 to reflect the encroachment onto public land together with the payment of all reasonable legal fees and expenses in respect of this transaction. It was noted that access rights would be granted to both parties to maintain any of their respective trees or vegetation close to the new boundary wall.

In a d d ition, Millbrook Developments Limited was to give an undertaking that it would not action the

public for any loss of light or view from the new development, or any blockages or damage resulting from leaves, foliage or branches falling onto its property, subject to the public maintaining its trees in a safe condition;

( d ) as recommended by the Housing Committee, the entering into of a Deed of Arrangement with G.R.

Langlois (1999) Limited in respect of the grant, free of charge, of access rights, rights of way and service rights over La Rue de la Poterie, Grouville in connexion with the proposed development of Field No. 141, la Rue Horman, Grouville by that company. This transaction would be recorded in the same deed as the one arising from the Act of the States, dated 14th May 2002, in relation to Field No. 141 and, as such, there would be no additional legal fees to be paid by the public or the company;

(e ) as recommended by the Housing Committee, in order to regularise the boundary between No. 5

St. Clement's Road, St. Helier and Les Ronces, St. Helier -

(i ) th e sale to the Jersey Homes Trust of a strip of land in the south-eastern extremity of Les Ronces

forming the sites of part of the newly constructed northern gable of the front block and the adjoining wall which was to form part of the new development on No. 5 St. Clemen'ts Road, for a consideration of £10; and

(i i) th e purchase from the Jersey Homes Trust of all and such land belonging to the Trust and situated

between the northern faces of the newly constructed walls and buildings erected on the site of No. 5 St. Clement's Road and the centre line of the original party-owned boundary wall, for a consideration of £10;

o n t h e basis that each party would be responsible for its own legal costs arising from this transaction.

Matters lodged

The following matter was lodged "au Greffe" -

Draft Advocates and Solicitors (Amendment No. 3) (Jersey) Law 200- P.233/2002. P r esented by the Legislation Committee.

The following matters were lodged on 26th November 2002 -

Draft Health Insurance (Amendment No. 13) (Jersey) Law 200- P.222/2002. P r esented by the Employment and Social Security Committee.

Draft Family Allowances (Amendment No. 6) (Jersey) Law 200- P.223/2002. P r esented by the Employment and Social Security Committee.

Draft Public Employees (Contributory Retirement Scheme) (Amendment No. 17) (Jersey) Regulations 200- P.224/2002.