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States Minutes 5th December 2002

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THE STATES assembled on Thursday,

5th December 2002 at 9.30 a.m. under the Presidency of Michael Nelson de la Haye Esquire, Greffier of the States.

All members were present with the exception of -

F r ancis Herbert Amy, Connétable of Grouville - ill

I m ogen Stephanie Nicholls, Deputy of Grouville - absent

Prayers read by the Deputy Greffier of the States First meeting of the newly constituted Assembly - media presence

THE STATES agreed to a request by the media to film the commencement of the first meeting of the newly constituted Assembly to be held on 12th December 2002, until voting for Presidents commenced.

Budget 2003

THE STATES resumed consideration of the Budget 2003.

THE STATES allowed the Comptroller of Income Tax and the Deputy Agent of the Impôts to be present in the Chamber during the debate.

THE STATES having noted that the President of the Agriculture and Fisheries Committee had withdrawn an amendment that the estimate of income from Vehicle Registration Duty be reduced by £100,000 by exempting agricultural vehicles from duty, agreed the estimates of income to be produced from indirect taxation appearing on page 2 of the Budget as follows -

Impôts on spirits Impôts on wines Impôts on cider Impôts on beer Impôts on tobacco Impôts on motor fuel

Impôts on goods imported

Vehicle Registration Duty


3,847,000 4,875,000 492,000 4,833,000 11,509,000 17,009,000 250,000

3,000,000

45,815,000

Members present voted as follows -

"Pour" (39)

Senators

Horsfall, Le  Maistre, Stein, Quérée, Bailhache , Syvret, Walker , Le  Sueur, Le  Claire. Connétable s

St.  Martin, St.  Ouen, St.  Saviour, St.  Brelade, St.  Lawrence, St.  Mary, St.  John, St.  Peter, St.  Clem Trinity .

Deputies

St.  Mary, S.  Baudains(H), Trinity , Duhamel(S), Routier(H), Huet(H), St.  Martin, Le  Main(H), Vibert (B St.  Peter, Dubras(L), St.  Ouen, Troy (B), Voisin(L), Scott   Warr en(S), Farnham (S), Ozouf (H), Fox(H Bridge(H), Martin(H).

"Contre" (6)

Senator

Norman.

Deputies

Breckon(S), St.  John, G.  Baudains(C), Dorey(H), Southern (H).

The States also agreed the estimate of income to be produced from income tax appearing on page 2 of the budget in the sum of £375,000,000, and, therefore, the total estimated income from indirect and direct tax in the sum of £429,815,000.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Finance (Jersey) Law 200- (P.220/2002 lodged "au Greffe" on 19th November 2002).

THE STATES, in pursuance of Article 25 of the Public Finances (Administration) (Jersey) Law 1967, as amended, declared that the Bill to amend further the Customs and Excise (Jersey) Law 1999 so as to introduce excise duty payable on the registration of motor vehicles and to increase excise duty on alcoholic beverages, tobacco and hydrocarbon oils; and to amend further the Stamp Duties and Fees (Jersey) Law 1998 so as to vary the rates of duty payable in respect of judicial hypothecs and certain immovable property transactions; and for connected purposes (which Bill was this day passed by the States as the Finance (Jersey) Law 200-) should immediately have effect as if it were a Law passed by the States and sanctioned by Her Majesty in Council.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Income Tax (Amendment No. 22) (Jersey) Law 200- (P.219/2002 lodged "au Greffe" on 19th November 2002).

THE STATES, in pursuance of Article 25 of the Public Finances (Administration) (Jersey) Law 1967, as amended, declared that the Bill to amend further the Income Tax (Jersey) Law 1961 regarding separate assessment for husbands and wives; the treatment for tax purposes of certain types of pension schemes; an exemption from income tax of certain superannuation funds for overseas employees; and the taxation of certain benefits in kind (which Bill was this day passed by the States as the Income Tax (Amendment No. 22) (Jersey) Law 200-) should immediately have effect as if it were a Law sanctioned by Her Majesty in Council.

THE STATES, having terminated the discussion on the Budget, agreed the summary of the estimated income and revenue expenditure for 2003 appearing on page 73 of the Budget as follows -

INCOME £ £ £

Income Tax 375,000,000 Impôts Duties 45,815,000 Other Income 7,000,000 Return from the 3,900,000 Financial

Services

Commission

Trading

Committees

Expenditure 88,172,200 Income 117,347,800

29,175,600

Estimated 22,881,600

Transfer to

Trading Funds

Net Revenue 6,294,000 Expenditure 438,009,000 return from

Trading

Committees

LESS

Non-Trading

Committees

Revenue 456,795,530 expenditure

Revenue Income 90,526,530 Total Non- 366,269,000 Trading

Committee

Cash Limit

Appropriation to 27,731,000 General Reserve

Total Net

Revenue

Expenditure of

Non-Trading

Committees 394,000,000 before Capital

Servicing

Capital Servicing

Repayment of 28,000,000

Capital Debt

Interest Received 634,600

on Capital Debt

Net Capital 27,365,400 Repayments

Total Net

Revenue

Expenditure of

Non-Trading

Committees after

Capital Servicing

421,365,400

Estimated 16,643,600 Surplus on

General Funds

for the Year

Add:

Estimated

Surplus/Deficit 13,966,090 in General Funds

brought forward

at 1st January

2003

Balance to be

transferred to

the Capital Fund 30,609,690

THE STATES further agreed the estimated transactions of the capital fund for 2003 as follows -

£ £ £

Revised estimate of

balance in hand at 26,830,900

1stJanuary 2003

Transfer to Strategic -

Reserve

Capital repayments 29,059,800

and receipts

Transfer to the 30,609,690

income of the

revenue account

86,500,390

Capital Expenditure 46,248,000 as recommended by

the Finance

and Economics

Committee

Less: Projects (1,000,000) funded by Loan

sanctions

45,248,000 Add:

Loan sanction 5,000,000 repayments

Unallocated minor 14,000 works

50,262,000 Estimated balance in £36,238,390

hand at 31st

December 2003

Training  and  Employment  Partnership:  transfer  of  responsibility  from  the  Employment  and  Social Security Committee to the Economic Development Committee - P.197/2002

THE STATES, adopting a proposition of the Employment and Social Security Committee, referred to their Act dated 23rd November 1994 in which they agreed to constitute a new agency to be called the Training and Employment Partnership to promote training and employment matters in the Island, and agreed that the new agency should be responsible to the Employment and Social Security Committee, and -

a g reed that responsibility for the Training and Employment Partnership (TEP) should be transferred from the

Employment and Social Security Committee to the new Economic Development Committee with effect from 1st January 2003 in accordance with the arrangements described in the report of the Employment and Social Security Committee dated 17th October 2002.

Draft Parish Rate (Administration) (Jersey) Law 200- P.199/2002

THE STATES commenced consideration of the draft Parish Rate (Administration) (Jersey) Law 200- and adopted the Preamble and Articles 1 to 16.

Articles 17 to 27 were adopted. Members present voted as follows -

"Pour" (41)

Senators

Le  Maistre, Stein, Bailhache , Syvret, Norman, Kinnard, Le  Claire, Lakeman. Connétable s

St.  Martin, St.  Ouen, St.  Saviour, St.  Brelade, St.  Lawrence, St.  Mary, St.  John, St.  Peter, St.  Clem St.  Helier, Trinity .

Deputies

H.  Baudains(C), St. Mary, Duhamel(S), Routier(H), St. Martin, St. John, Le Main(H), Vibert (B St. Peter, Dubras(L), St. Ouen, G. Baudains(C), Dorey(H), Voisin(L), Scott Warr en(S), Farnham (S Le Hérissier(S), Ozouf (H), Fox(H), Bridge(H), Martin(H), Southern (H).

"Contre" (1)

Deputy

Troy (B).

Articles 28 to 53 were adopted.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Parish Rate (Administration) (Jersey) Law 200-.

Magistrate's Court, Union Street, St. Helier: approval of drawings- P.202/2002 THE STATES, adopting a proposition of the Finance and Economics Committee -

( a ) approved revised architects' drawings Nos. -

B / 2 0 0 2 / 0 260/

A : L o c a tion plan

D : N o rt h elevation

L : S e c ti on C

R : N  o rt h elevation

T : U n i o n Street elevation A A  : L a n d scaping

C C : S e c t ion D-D

D D S e c ti on B-B

E E : S e c t ion E-E

F F : S e c t ion F

G G  : G r o und floor plan

H H  : M e z zanine floor plan

II : F i rs t floor plan

JJ : S e c o nd floor plan

K K  : R o o f plan

L L : L e m  prière Street elevation M M  : S e c t ion A

N N  : W e s t elevation

s h o w i n g t he proposed Magistrate's Court and Probation Offices;

( b ) authorised the Greffier of the States to sign the said drawings on behalf of the States.

Draft Hire Cars (No.  12) (Jersey) Regulations 200- P.213/2002

THE STATES, in pursuance of Article 22A of the Hire Cars (Jersey) Law 1964, as amended, made Regulations entitled the Hire Cars (No. 12) (Jersey) Regulations 2002.

Arrangement of public business for the next meeting on 10th December 2002

THE STATES confirmed that the following matters lodged "au Greffe" would be considered at the next meeting on 10th December 2002 -

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

P.200/2002.

L o dged: 5th November 2002.

P u blic Services Committee.

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

P.200/2002 Com.

P r esented: 3rd December 2002.

F i nance and Economics Committee.

L e Chemin du Douet, St. Ouen: acquisition of track. L o dged: 19th November 2002 - P.214/2002.

P u blic Services Committee.

L e Chemin du Douet, St. Ouen: acquisition of track. P r esented: 3rd December 2002 - P.214/2002 Com. F i nance and Economics Committee.

E l ection of Committee Presidents - P.215/2002. L o dged: 19th November 2002.

P r ivileges and Procedures Committee.

D r aft Health Insurance (Medical Benefit) (Amendment No.  57) (Jersey) Regulations 200- P.216/2002. L o dged: 19th November 2002.

E m  ployment and Social Security Committee.

D r aft Family Allowances (Jersey) Regulations 200- P.217/2002.

L o dged: 19th November 2002.

E m  ployment and Social Security Committee.

D  raft Public Employees (Contributory Retirement Scheme) (Amendment No. 17) (Jersey) Regulations 200-

P.224/2002.

L o dged: 26th November 2002.

H  u  man Resources Committee.

D  raft Public Employees (Contributory Retirement Scheme) (Existing Members) (Amendment No.  6) (Jersey)

Regulations 200- P.225/2002.

L o dged: 26th November 2002.

H  u  man Resources Committee.

D  raft Public Employees (Contributory Retirement Scheme) (Former Hospital Scheme) (Amendment No.  4)

(Jersey) Regulations 200- P.226/2002.

L o dged: 26th November 2002.

H  u  man Resources Committee.

D raft Public Employees (Contributory Retirement Scheme) (General) (Amendment No. 8) (Jersey)

Regulations 200- P.227/2002.

L o dged: 26th November 2002.

H  u  man Resources Committee.

D  raft Public Employees (Contributory Retirement Scheme) (New Members) (Amendment No. 8) (Jersey)

Regulations 200- P.228/2002.

L o dged: 26th November 2002.

H  u  man Resources Committee.

D r aft Social Security (Amendment No.  15) (Jersey) Law 2002 (Appointed Day) Act 2002- P.229/2002. L o dged: 26th November 2002.

E m  ployment and Social Security Committee.

D r aft Boats and Surf-Riding (Control) (Amendment No.  24) (Jersey) Regulations 200- P.231/2002. L o dged: 26th November 2002.

H  a  rbours and Airport Committee.

D r aft Harbours (Amendment No.  35) (Jersey) Regulations 200- P.232/2002. L o dged: 26th November 2002.

H  a  rbours and Airport Committee.

Mortgage Interest Relief: Interest (P.194/1997) - withdrawn

THE STATES noted that in accordance with Standing Order 22(3) Deputy Alan Breckon of St. Saviour had instructed the Greffier of the States to withdraw the proposition regarding mortgage interest relief: limit (P.194/97 lodged "au Greffe" on 9th December 1997).

THE STATES rose at 3.28 p.m.

    A  .H  . H A R R  IS  

Deputy Greffier of the States.