Order Paper 11th May 2004

STATES OF JERSEY ORDER PAPER

Tuesday 11th May, and, if necessary, Tuesday 18th May 2004

1. COMMUNICATIONS BYTHE BAILIFF
2. TABLING OF SUBORDINATE LEGISLATION

(Explanatory note attached)

Inquests  and  Post-Mortem  Examinations  (Amendment  No. 4) R&O 32/2004. (Jersey) Rules 2004.

Superior Number of the Royal Court.

Royal Court (Amendment No.  20) Rules 2004. R&O 33/2004. Superior Number of the Royal Court.

Petty Debts Court Rules 2004. R&O 34/2004. Superior Number of the Royal Court.

Royal Court (Appeals from Petty Debts Court) Rules 2004. R&O 35/2004. Superior Number of the Royal Court.

Road Traffic (Protective Helmets) (Jersey) Order 2004. R&O 36/2004. Home Affairs Committee.

Community Provisions (Zimbabwe – Restrictive Measures) (No.  4) R&O 37/2004. (Jersey) Order 2004.

Policy and Resources Committee.

3. MATTERS RELATING TO COMMITTEE MEMBERSHIP
4. PRESENTATION OF PAPERS

1. Papers for information

Matters presented under Standing Order 6A(1)(a)

Jersey Competition Regulatory Authority: Annual Report 2003. Economic Development Committee.

Tourism Development Fund: Annual Report 2003. R.C.21/2004. Economic Development Committee.

Public Sector Housing: establishment of a management company P.105/2003. (P.105/2003) – comments. Com. Finance and Economics Committee.

Public Sector Housing: establishment of a management company P.105/2003. (P.105/2003) – comments. Com.(2) Housing Committee.

Income Tax: allowance for children over 17 in full-time education P.16/2004. Com. (P.16/2004) – comments.

Finance and Economics Committee.

Committee of Inquiry: construction of 76  houses at Jambart Lane, P.33/2004. Com. St.  Clement; and public consultation procedures (P.33/2004) – (2) comments.

Environment and Public Services Committee.

Fields 1282 and 1287, La Fredée Lane, St.  Helier: extinguishment of P.48/2004. Com. restrictive covenants (P.48/2004) – comments.

Finance and Economics Committee.

Former School, Clearview Street, St.  Helier: proposed sale P.49/2004. Com. (P.49/2004) – comments. (2) Housing Committee.

Travelling and entertaining costs: provision of information P.51/2004. Com. (P.51/2004) – comments. (2) Finance and Economics Committee.

Sale of properties (P.52/2004): comments. P.52/2004. Com. Finance and Economics Committee.

Modernisation of Jersey's Gambling Legislation (P.62/2004): P.62/2004. Com. comments.

Finance and Economics Committee.

Matters presented under Standing Order 6A(1)(b)

4th May 2004

Administrative  Appeals  System:  proposals  for  improvement – R.C.20/2004. consultation report.

Privileges and Procedures Committee.

Travelling  and  entertaining  costs:  provision  of  information P.51/2004. Com. (P.51/2004) – comments.

Privileges and Procedures Committee.

Le Squez Estate, St.  Clement, Phase  1A: redevelopment–  approval of P.76/2004. Com. drawings (P.76/2004) – comments.

Finance and Economics Committee.

2. Notification of Standing Order decisions

15th and 29th April 2004

Decisions under delegated functions. Finance and Economics Committee.

3. Notification of acceptance of tenders
4. Papers to be lodged "au Greffe" under Standing Order 17A(1)(a)

Machinery of Government: relationship between the Parishes and the P.40/2004. Amd. Executive (P.40/2004) – amendment.

Connétable of St. Helier.

Machinery of Government: relationship between the Parishes and the P.40/2004. Executive (P.40/2004) – second amendment. Amd.(2) Policy and Resources Committee.

Draft Petty Debts Court (Miscellaneous Provisions) (Jersey) Law 2000 P.83/2004. (Appointed Day) Act 200-.

Legislation Committee.

D'Hautrée Gardens, St.  Saviour's Hill, St.  Saviour – proposed deed of P.84/2004. arrangement.

Education, Sport and Culture Committee.

Draft Road Traffic (Amendment No.  3) (Jersey) Law 200-. P.85/2004. Environment and Public Services Committee.

Draft Privileges and Immunities (Diplomatic, Consular, etc.) P.86/2004. (Amendment) (Jersey) Law 200-.

Legislation Committee.

Jersey Community Relations Trust: appointment of Chairman and a P.87/2004. Trustee.

Policy and Resources Committee.

5. Notification of Papers lodged "au Greffe" under Standing Order 17A(1)(b)

4th May 2004

States Strategic Plan 2005 to 2010. P.81/2004. Policy and Resources Committee.

Vote of censure: Senator Frank Harris on Walker . P.82/2004. Senator E.P. Vibert .

6. Papers for consideration by the States in Committee under Standing Order 38A

5. STATEMENTS  AND PROPOSITIONS  RELATING  TO  THE ARRANGEMENT  OF  PUBLIC  BUSINESS  AT  THIS  OR  ANY SUBSEQUENT MEETING

The President of the Environment and Public Services Committee will seek leave to defer consideration  of  the  proposition  concerning  the  former  School,  Clearview  Street, St.  Helier: proposed sale, (P.49/2004 lodged"au Greffe" on 30th March 2004), from the present meeting to a later date.

The  President  of  the  Economic  Development  Committee  will  seek  leave  to  defer consideration of the proposition concerning the Jersey Competition Regulatory Authority: appointment of member and Chairman, (P.63/2004 lodged "au Greffe" on 20th April 2004), from the present meeting to a later date.

THE STATES  are asked  to  agree  that  the following matters  lodged "au  Greffe" be considered at their next meeting on 25th May 2004 –

Machinery of Government: relationship between the Parishes and the P.40/2004. Executive.

Lodged: 9th March 2004.

Policy and Resources Committee.

Machinery of Government: relationship between the Parishes and the P.40/2004. Executive (P.40/2004) – amendment. Amd. Lodged: 11th May 2004.

Connétable of St. Helier.

Machinery of Government: relationship between the Parishes and the P.40/2004. Executive (P.40/2004) – second amendment. Amd.(2) Policy and Resources Committee.

Income Tax: allowance for children over 17 in full-time education. P.16/2004 Lodged: 3rd February 2004.

Deputy of St. Martin.

Income Tax: allowance for children over 17 in full-time education P.16/2004. (P.16/2004) – comments. Com. Presented: 11th May 2004.

Finance and Economics Committee.

Committee  of  Inquiry:  construction  of  76  houses  at  Jambart  Lane, P.33/2004. St.  Clement; and public consultation procedures.

Lodged: 24th February 2004.

Deputy R.G. Le Hérissier of St. Saviour .

Committee  of  Inquiry:  construction  of  76  houses  at  Jambart  Lane, P.33/2004. St.  Clement;  and  public  consultation  procedures  (P.33/2004) – Com. comments.

Presented: 9th March 2004.

Finance and Economics Committee.

Committee  of  Inquiry:  construction  of  76  houses  at  Jambart  Lane, P.33/2004. St.  Clement;  and  public  consultation  procedures  (P.33/2004) – Com.(2) comments.

Presented: 11th May 2004.

Environment and Public Services Committee.

Draft Prison (Amendment No. 5) (Jersey) Law 200-. P.45/2004. Lodged: 23rd March 2004.

Home Affairs Committee.

Draft Christmas Bonus (Amendment No.  2) (Jersey) Law 200-. P.55/2004. Lodged: 6th April 2004.

Employment and Social Security Committee.

Draft Public Holidays and Bank Holidays (Jersey) Act 200-. P.56/2004. Lodged: 20th April 2004.

Legislation Committee.

Public Sector Re-organisation: Five Year Vision for the Public Sector. P.58/2004. Lodged: 20th April 2004.

Policy and Resources Committee.

Shadow Scrutiny Panels: appointment of member. P.59/2004. Lodged: 20th April 2004.

Privileges and Procedures Committee.

Modernisation of Jersey's Gambling Legislation. P.62/2004. Lodged: 20th April 2004. (re-issue) Economic Development Committee.

Modernisation of Jersey's Gambling Legislation (P.62/2004): P.62/2004. comments. Com. Presented: 11th May 2004.

Finance and Economics Committee.

States Abattoir, La Route du Veulle, La Collette St Helier: transfer of P.67/2004. administration.

Lodged: 20th April 2004.

Harbours and Airport Committee.

States Abattoir, La Route du Veulle, La Collette, St. Helier: transfer of P.67/2004. administration (P.67/2004) – comments. Com. Presented: 27th April 2004.

Environment and Public Services Committee.

Animal Waste Products Site, La Rue Phillippe Durell,  La Collette, P.68/2004. St Helier: transfer of administration.

Lodged: 20th April 2004.

Economic Development Committee.

Animal Waste Products Site, La Rue Phillippe Durell, La Collette, P.68/2004. St.  Helier: transfer of administration (P.68/2004) – comments. Com. Presented: 27th April 2004.

Environment and Public Services Committee.

Draft Non-Contributory Pensions (Repeal) (Jersey) Law 200-. P.73/2004. Lodged: 20th April 2004.

Employment and Social Security Committee.

Draft Social Security (Amendment No.  17) (Jersey) Law 200-. P.75/2004. Lodged: 20th April 2004.

Employment and Social Security Committee.

Le Squez Estate, St.  Clement, Phase  1A: redevelopment–  approval of P.76/2004. drawings.

Lodged: 27th April 2004.

Housing Committee.

Le Squez Estate, St.  Clement, Phase  1A: redevelopment–  approval of P.76/2004. drawings (P.76/2004) – comments. Com. Presented: 4th May 2004.

Finance and Economics Committee.

States Assembly: improving efficiency. P.79/2004. Lodged: 27th April 2004.

Privileges and Procedures Committee.

Vote of censure: Senator Frank Harris on Walker . P.82/2004. Lodged: 4th May 2004.

Senator E.P. Vibert .

6. PRESENTATION OF PETITIONS

7. QUESTIONS

The Deputy of St. John will ask a question of the President of the Economic Development Committee regarding ormer landings.

Senator P.V.F. Le Claire will ask a question of the President of the Home Affairs Committee regarding border restrictions.

The Deputy of St. John will ask a question of the President of the Environment and Public Services Committee regarding the St. Helier hoppa' bus service.

Deputy R.G. Le Hérissier of St. Saviour will ask a question of the President of the Health and Social Services Committee regarding Out Patient Clinics.

The Deputy of St. John will ask a question of the President of the Environment and Public Services Committee regarding leachate at Beauport.

The Deputy of St. John will ask questions of the President of the Economic Development Committee regarding the disposal of excess potato waste and the agricultural industry.

Deputy R.G. Le Hérissier of St. Saviour will ask a question of the President of the Environment and Public Services Committee regarding the summer tourist bus service.

The Deputy of St. Martin will ask a question of the President of the Home Affairs Committee regarding the introduction of legislation relating to the confiscation of alcohol.

Deputy G.C.L. Baudains of St. Clement will ask a question of the President of the Health and Social Services Committee regarding the monitoring of drinking water.

Deputy G.C.L. Baudains of St. Clement will ask a question of the President of the Finance and Economics Committee regarding income tax contributions of 1(1)(k) residents.

Deputy G.P. Southern of St. Helier will ask questions of the President of the Finance and Economics Committee regarding proposed new tax proposals.

Deputy  G.C.L. Baudains  of  St. Clement will ask a question of the President of  the Environment and Public Services Committee regarding use of the Howard Davis Farm, Trinity .

The Deputy of St. John will ask a question of the President of the Harbours and Airport Committee regarding the Jersey Harbours' Customer Services and Suppliers Survey.

The Deputy of St. John will ask a question of the President of the Policy and Resources Committee regarding the British-Irish Council.

8. MATTERS OF PRIVILEGE
9. PERSONAL STATEMENTS
10. COMMITTEE STATEMENTS

The President of the Harbours and Airport Committee will make a statement regarding Airport charges.

11. PUBLIC BUSINESS

Draft Extradition (Jersey) Law 200-. P.39/2004. Lodged: 9th March 2004.

Policy and Resources Committee.

Draft Extradition (Jersey) Law 200- (P.39/2004): amendments. P.39/2004. Lodged: 27th April 2004. Amd. Policy and Resources Committee.

Public Sector Housing: establishment of a management company. P.105/2003. Lodged: 8th July 2003.

Deputy A. Breckon of St. Saviour .

Public Sector Housing: establishment of a management company P.105/2003. (P.105/2003) – comments. Com. Presented: 11th May 2004.

Finance and Economics Committee.

Public Sector Housing: establishment of a management company P.105/2003. (P.105/2003) – comments. Com.(2) Presented: 11th May 2004.

Housing Committee.

Social Security Fund: a new method of funding. P.137/2003. Lodged: 7th October 2003.

Deputy G.P. Southern of St. Helier.

Social  Security  Fund:  a  new  method  of  funding  (P.137/2003) – P.137/2003. comments. Com. Presented: 18th November 2003.

Employment and Social Security Committee.

Social  Security  Fund:  a  new  method  of  funding  (P.137/2003) – P.137/2003. comments. Com.(2) Presented: 10th February 2004.

Finance and Economics Committee.

Draft The Law Society of Jersey Law 200-. P.154/2003. Lodged: 11th November 2003.

Legislation Committee.

Draft The Law Society of Jersey Law 200- (P.154/2003): amendments. P.154/2003. Lodged: 27th April 2004. Amd. Legislation Committee.

States Members' Remuneration: increases for 2004 – rescindment. P.11/2004. Lodged: 27th January 2004.

Deputy T.J. Le Main of St. Helier .

States  Members' Remuneration:  increases  for  2004 – rescindment P.11/2004. (P.11/2004) – comments. Com. Presented: 30th March 2004.

Privileges and Procedures Committee.

States  Members' Remuneration:  increases  for  2004 – rescindment P.11/2004. (P.11/2004) – comments. Com.(2) Presented: 13th April 2004.

Finance and Economics Committee.

States  Members' Remuneration:  increases  for  2004 – rescindment P.11/2004. (P.11/2004) – amendment. Amd. Lodged: 24th February 2004.

Senator J.A. Le Maistre.

States  Members' Remuneration:  increases  for  2004 – rescindment P.11/2004. (P.11/2004) – second amendment. Amd.(2) Lodged: 30th March 2004.

Senator R.J. Shenton.

States  Members' Remuneration:  increases  for  2004 – rescindment P.11/2004. (P.11/2004) – second amendment (P.11/2004  Amd.(2)) – comments. Amd.(2) Com. Presented: 27th April 2004.

Privileges and Procedures Committee.

Channel Islands Welding, La Collette: permission for alterations to P.26/2004. head lease.

Lodged: 17th February 2004.

Environment and Public Services Committee.

Fields 1282 and 1287, La Fredée Lane, St.  Helier: extinguishment of P.48/2004. restrictive covenants.

Lodged: 30th March 2004.

Environment and Public Services Committee.

Fields 1282 and 1287, La Fredée Lane, St.  Helier: extinguishment of P.48/2004. restrictive covenants (P.48/2004) – comments. Com. Presented: 11th May 2004.

Finance and Economics Committee.

Travelling and entertaining costs: provision of information. P.51/2004. Lodged: 6th April 2004.

Senator R.J. Shenton.

Travelling  and  entertaining  costs:  provision  of  information P.51/2004. (P.51/2004) – comments. Com. Presented: 4th May 2004.

Privileges and Procedures Committee.

Travelling  and  entertaining  costs:  provision  of  information P.51/2004. (P.51/2004) – comments. Com.(2) Presented: 11th May 2004.

Finance and Economics Committee.

Draft Shops (Sunday Trading) (No. 8) (Jersey) Regulations 200-. P.64/2004. Lodged: 20th April 2004.

Economic Development Committee.

Draft Shipping (Jersey) Law 2002 (Appointed Day) Act 200-. P.65/2004. Lodged: 20th April 2004.

Harbours and Airport Committee.

Draft Shipping (Amendment) (Jersey) Law 2003 (Appointed Day) Act P.66/2004. 200-.

Lodged: 20th April 2004.

Harbours and Airport Committee.

Draft Harbours (Amendment No. 37) (Jersey) Regulations 200-. P.71/2004. Lodged: 20th April 2004.

Harbours and Airport Committee.

Draft Boats and Surf-Riding (Control) (Amendment No. 26) (Jersey) P.72/2004. Regulations.

Lodged: 20th April 2004.

Harbours and Airport Committee.

Waterfront Enterprise Board: appointment of member. P.78/2004 Lodged: 27th April 2004.

Policy and Resources Committee.

Waterfront Enterprise Board: appointment of member - nomination. Connétable of St. Helier.

(attached on blue)

A.H. HARRIS Deputy Greffier of the States

6th May 2004

Explanatory Note regarding subordinate legislation tabled at this meeting.

R&O 32/2004.

These Rules amend the Inquests and Post-Mortem Examinations (Jersey) Rules 1995, so as to increase the fees and costs for inquests and post-mortem examinations by approximately 11.1%. The fees were last increased in November 2001.

The Rules were made by the Superior Number of the Royal Court on 29th April 2004, and came into force on 1st May 2004.

R&O 33/2004.

The purpose of this amendment to the Royal Court Rules 1992, is to insert a new Rule 6/21B to enable the Royal Court, (which includes for this purpose both the Bailiff sitting alone and the Master or Judicial Greffier), to order at any stage of proceedings that they be stayed, (either on the application of any party or of the Court's own motion), so as to enable the parties to try to settle the proceedings by alternative dispute resolution, (which includes mediation and conciliation). The Rule has been introduced so that the Court may give practical effect to its encouragement for mediation and, in particular, the Jersey Legal Information Board project promoting mediation in relation to proceedings before the Royal Court.

The Rules were made by the Superior Number of the Royal Court on 29th April 2004, and come into force on 8th June 2004.

R&O 34/2004.

1. INTRODUCTION

The Petty Debts Court has been and will continue to be going through a period of change. Part of the change results from the passing by the States of Jersey of the Petty Debts Court (Miscellaneous Provisions) (Jersey) Law 2000, which was registered in the Royal Court on 20th October 2000. That will have the effect of increasing the jurisdiction of the Petty Debts Court from £2,500 to £10,000 with claims for unliquidated sums and damages being included therein. At the same time, the Petty Debts Court will gain the power to cancel a lease provided that the annual rental does not exceed £15,000.

The second cause of change has been the arrival in the last four years of two new judges, one of whom has a background as a specialist in civil procedure in Jersey.

The third cause of change is the initiative of the Bailiff through the Jersey Legal Information Board in relation to mediation which has led to a successful Mediation Pilot Project which has been going on for some time.

The latest draft Rules seek to achieve the following –

1. to make the necessary provisions so that the increase in jurisdiction of the Petty Debts Court can take effect;
2. to incorporate various aspects of the Royal Court Rules into the Petty Debts Court Ruleswhenthese aspects will be needed for theincreased jurisdiction;
3. at the same time to makecertain improvements to the PettyDebtsCourtRules;and
4. to incorporate into the Petty Debts Court Rules both the provisions of the relevantPracticeDirection which enabled the MediationPilot Project to take placeand various otheramendments to the actual practice of the Petty Debts Court which have developed aspartoftheMediationPilotProject.

2. THENEWRULES

The numbering of the 1992 Rules is eccentric in that certain of the rules are numbered as in 1/5 although there is no Part 1 of the Rules. However, the majority of the Rules simply have an individual number such as 12. In the 2002 Rules each rule has its own number.

RULE 1 This deals with matters of interpretation which were formally in Rule 1/1. The number of rules referred to in the definition of "the Court" has been increased. A definition of "the Claim Summary" has been added as the term "the billet" is thought to be incomprehensible to litigants in person. A definition of "judgment by default" has been added mainly for the purposes of Rule 26. A definition of "originating summons" has been added in order to distinguish these from an interlocutory summons or a second summons in proceedings. A definition of "proceedings" has been added which is similar to that in the Royal Court Rules. One of the major problems with the 1992 Rules is that most of the rules refer to "actions" whereas there are a variety of matters relating to tenancies and family matters which cannot be described as actions. Where these are included then the word "proceedings" is used but when a true action is intended then the word "action" is used.

RULE 2 This is simply the former Rule 1/2. RULE 3 This is simply the former Rule 1/3. RULE 4 This is simply the former Rule 1/4. RULE 5 Divisions of the Court.

The idea of divisions of the Court has been raised by the Housing Department who are concerned at the adverse and unfair publicity which a tenant could receive if he were being evicted through no fault of his own. Eventually the intention is to change the name of the Court from the Petty Debts Court to something such as the Civil Claims Court. However, in the meantime, there will be some advantage if eviction proceedings are brought in the Tenancy Division of the Petty Debts Court. During the course of the drafting of these rules I actually found that the separate existence of a Civil Claims Division was useful because I needed to define certain types of action and found that these were always brought in that division. I suspect that the existence of separate Tenancy and Family Divisions will also be useful in due time because the procedures in each of these are different.

The Tenancy Division includes the new power to cancel leases as well as the old eviction order power and also includes claims for arrears of rent or for damages in lieu of rent if these are brought together with an eviction or a cancellation. If the claim for rent is brought separately then there is no reason why it should not be treated like any other action.

The jurisdiction of the Family Division is self explanatory. This name is being suggested rather than that of Matrimonial Causes Division because, although at this time all the matters in the Petty Debts Court relate to marriages, it may be that in the future the Petty Debts Court may have some jurisdiction in relation to family matters which goes beyond that of matrimonial causes.

The jurisdiction of the Civil Claims Division is simply those matters which are not either in the Tenancy Division or in the Family Division.

RULE 6 This corresponds with the former rule 1/6 except that the references therein are now to "proceedings" and not to "actions".

RULE 7 The previous provisions were partly in Rule 1/5 (Date of appearance), partly in the former Rule 14 (Form of summons and record of service) and partly in the former Rule 20 (Interest on claims). However, new provisions have been added for the plaintiff to specify an address for service in the Island (7(1)(b)), in an action in which damages shall be claimed for a statement to be included of the quantification of the said general damages (7(2)(a)) and for a statement to be made of the total sum which the defendant must pay in order to settle the matter prior to the first hearing of an action in the Civil Claims Division (7(2)(b)).The references are now to "originating summons". The forms of summons only apply in the Civil Claims Division.

In the Royal Court the normal rule is that general damages are not to be quantified. However, the Royal Court has an  unlimited  jurisdiction  whereas  the  Petty  Debts  Court  will  have  a  total  jurisdiction  limited  to £10,000. Furthermore, the lack of quantification of general damages leads to a situation in which, where there is a default on the part of the defendant, judgment is only given for liability with damages to be assessed later. This can lead to a requirement for the defendant to be served twice out of the jurisdiction or by substituted service with greatly increased costs. If, as suggested here, the initial claim, which will be contained in an originating summons, quantifies the general damages being sought, then, upon the default of the defendant, the plaintiff can obtain a final judgment for a quantified sum.

The idea of the originating summons including a statement as to the sum which the defendant must pay prior to the first hearing has been suggested by Mr. Eric Tricot. It is a very good idea because it enables defendants to know where they stand. It also means that plaintiffs cannot include wholly unreasonable claims for costs in the originating summons. The form of summons makes provision for the settlement figure to be reduced by the amount of the stamp duty where payment is made prior to tabling

RULE 8 The provision of a requirement for the giving of an address for service both by the plaintiff, in the original summons, and by a defendant once a first appearance has occurred before the Court which has not concluded the proceedings, is very useful indeed. It means that a party who has served another party or against whom an action has been commenced does not have to obtain an order for service out or substituted service where the other party disappears because the other party will always have an address for service in the jurisdiction to which documents can be sent on his behalf. The default provision of the address of the last advocate or solicitor is also very useful because it often covers the situation in which a party fails to comply with the terms of the rule and such default provision already exists in the Royal Court Rules.

RULE 9 This corresponds with the former Rule 2. RULE 10 T his is similar to the former Rule 3.

However, the Rule is now expressly subject to the provisions relating to substituted service, service of process on agent of oversea principle and service of process for recovery of land where no-one appears to be in possession.

Actions for the cancellation of a lease have been added under 10(d).

The provisions in relation to an Ordre Provisoire remain the same as in the Royal Court. RULE 11 T his is similar to the old Rule 4.

RULE 12 T his corresponds broadly to the old Rule 5.

However, in the case of a body corporate, new provisions (c) and (d) have been added so that the summons can either be left or sent by post to the last known place of business of the body corporate. There does not appear to be any logical reason as to why a summons can be sent to the last known address or last known place of business of an individual but not to the last known place of business of a body corporate. Extreme difficulties can arise if the body corporate is a foreign company or otherwise a foreign body corporate as it will not have a registered office in the jurisdiction.

Paragraph (4) has been generally redrafted in order to make it clearer. RULE 13 T his corresponds to the old Rule 6.

RULE 14 T his corresponds to the old Rule 7. RULE 15 T his corresponds to the old Rule 8. RULE 16 T his corresponds to the old Rule 9/1.

RULE 17 T his corresponds to the old Rule 9/2. Paragraph (2) has been amended to bring it in line with Rule 16(3).

RULE 18 T his corresponds to the old Rule 9/3 except that the provisions are now being widened in order to refer to the cancellation of a contract of lease and to refer not only to an immovable but also to any interest in an immovable in order to cover the new jurisdiction given by Article 1(2) of the Miscellaneous Provisions Law.

RULE 19 T he previous provisions were contained partly in Rule 9/4 (Record of service) and partly in the former Rule 14 (Form of summons and record of service). These have now been put together in one new rule.

RULE 20 T his corresponds to the former Rule 9/5 as it was recently amended. The text of the different sections of the Service of Process Rules has been set out in full. The previous reference in paragraph (4) to Rule 11 has had to be renumbered.

RULE 21 T his corresponds to the former Rule 10 except that the reference is now to "proceedings" rather than "action".

RULE 22 T his corresponds to the old Rule 11 but the drafting has been improved.

RULE 23 T his corresponds to the old Rule 12 with the references now being to "originating summons". RULE 24 T his corresponds to the old Rule 13 with the references now being to "originating summons".

RULE 25 T his is a new rule which has been introduced in order to correspond with Rule 6/5 of the Royal Court Rules.

RULE 26 T his corresponds to the old Rule 5 in relation to setting aside a judgment by default. However, it also seeks to deal with the abandonment of a judgment obtained by default and the drafting has been improved.

Paragraph (1) deals with either setting aside or abandoning a judgment by default. Under paragraph (2) an application under paragraph (1) must be made by summons before the judge and where the application is made by a defendant it must be supported by an affidavit stating the circumstances in which the default has risen and confirming that the defendant has a good defence to the proceedings. The requirement of the affidavit confirming that  the  defendant  has  a  good  defence  to  the  proceedings  includes  wording  which  is  not  included  in  the corresponding Royal Court Rule but there is case law in the Royal Court to indicate that this is nevertheless a requirement before a judgment will be set aside. These provisions bring the Petty debts Court more closely into line with the Royal Court.

RULE 27 T his is a new rule which deals with what happens when the matter first comes before the judge and at any subsequent hearing on a Wednesday morning. The judge is given the ability –

1. to adjourn to another day or indefinitely;
2. to give judgment to the plaintiff for the whole or part of the claim;
3. to dismiss the whole or part of the proceedings;
4. to send thewhole or any part of the proceedings whichremains in dispute to mediationin accordance with Rule 28;

5. to give interlocutory judgment for liability with the matter ofdamages either being sent toproofor to mediation or with otherprocedural directions beinggiven in order that theamountofdamagesmaybe assessed; or
6. to give procedural directions in order to bring the matters in dispute to an early resolution wherethecase ought notto be sent to proof; or
7. to send the proceedings to proofin respect ofwhatremains in dispute.

In the past it has sometimes been assumed that the only channel available was the "to proof" channel. However, this is not appropriate in relation to matters such as evictions or certain separation and maintenance proceedings or other matters in relation to which detailed pleadings are not required. Furthermore, the Court often finds it to be helpful to order that pleadings be filed within a timetable with the matter then coming back to Court. This leads to better case management and also means that, where appropriate, the decision as to whether the matter should go to mediation can be deferred until after pleadings. The intention here is to give the Court complete flexibility to determine the procedure which is appropriate to the individual case with a view to bringing it to an early conclusion.

Under paragraph (2) the current practice direction in relation to a limit upon the number of adjournments to a subsequent ordinary sitting of the Court is transformed into a rule.

RULE 28 T his Rule is entirely new and provides for mediation and for the giving of directions to prepare for mediation. The details of the mediation system are contained in a Practice Direction.

RULE 29 T his corresponds with the previous Rule 16 and deals both with the previous "en preuve" procedure, which is now referred to as "sent to proof", and with other cases in which pleadings are ordered.

The new paragraph (2) allows the Court to reject an obviously defective statement of claim upon the basis of extra time being given to the plaintiff to file a replacement statement of claim.

The new paragraph (3) introduces a specific procedure where the plaintiff fails to file a statement of claim or a replacement statement of claim within the appropriate time period.

The new paragraph (12) gives a similar power of rejection in relation to an answer (including an answer to a counterclaim) and a counterclaim to that contained in paragraph (2).

The new paragraph (13) gives an express power in relation to a judgment in default of an answer or replacement answer.

The new paragraph (14) gives a power to strike out a rejected counterclaim where no replacement counterclaim has been filed.

The new paragraph (15) gives a power to reject any other obviously defective pleading.

RULE 30 T his is a new rule relating to interlocutory orders and procedural directions. Rules 31 to 39 introduce some of the interlocutory applications which can be made in the Royal Court. Because of the reduced size of the jurisdiction, as compared with the Royal Court, it is important that there be a clear limitation upon the making of such applications and that is provided by paragraph (1) which sets out the overriding principles of efficient case management and the speedy conclusion of proceedings.

Paragraph (2) describes the procedure for a party to apply for the making of an interlocutory order. The intention is that the application should be made on a Wednesday morning at the end of the normal list.

However, paragraph (3) gives the Court of its own motion the power to convene the parties to proceedings so that procedural directions can be given.

RULE 31 T his imports from the Royal Court Rules the necessary procedure in relation to the joining of third parties to proceedings. Paragraph (4) gives the Court a power to reject obviously defective third party claims.

RULE 32 T his imports from the Royal Court Rules the procedure in relation to the consolidation of causes or matters.

RULE 33 T his imports from the Royal Court Rules the procedure in relation to the amendment of a claim or pleadings.

RULE 34 T his imports from the Royal Court Rules the procedure in relation to a better statement of case or particulars.

RULE 35 T his imports from the Royal Court Rules the necessary procedure in relation to discovery and inspection of documents. Paragraph (5) is an improvement on the Royal Court Rules and relates to an affidavit as to specific documents or classes of documents.

RULE 36 T his imports from the Royal Court Rules a procedure in relation to judgment upon admissions.

RULE 37 T his imports from the Royal Court Rules a procedure in relation to withdrawal and discontinuance of proceedings.

RULE 38 T his imports from the Royal Court Rules a procedure in relation to payment into court. The reference to "one of the joint stock banks" has been replaced by "a suitable bank".

RULE 39 T his imports from the Royal Court Rules a procedure in relation to the adding of parties or the reduction of the number of parties to proceedings.

NOTE ON INTERLOCUTORY APPLICATIONS  I t should be noted that at present striking out (Rule 6/13), discovery by interrogatories (Rule 6/15) and summary judgment (Rule 7/1) have not been transferred from the Royal Court Rules. In relation to striking out and summary judgment, the court already has a jurisdiction to deal with matters at the first hearing when the case either of the plaintiff or the defendant is hopeless. In addition to this there is the power to reject an obviously defective document. Furthermore, the intention is that matters should proceed to trial at an early date and the existence of striking out and summary judgment followed by an appeal against a decision would have the effect of slowing down the procedure and is not thought to be desirable.

RULE 40 T his corresponds to the old Rule 17 but has now been re-drafted and refers to "proceedings".

Paragraph (1) deals with the fixing of a date in a case which has been fully case managed and there is a requirement that the appropriate stamp fee be paid in advance before the fixing of a date.

Paragraph (2) deals with the fixing of a date for a case which has followed the "sent to proof" procedure. Sub- paragraph now refers to four clear days rather than to four days.

Sub-paragraph (b) requires that the appropriate stamp fee be paid in advance before the fixing of a date. Sub-paragraph (c) allows the Greffier to adjourn the application to the Court.

Sub-paragraph (e) has been redrafted because of the existence of an address for service provision in the new rules.

RULE 41 T his corresponds to the old Rule 18 but has been redrafted. The time period has been brought down from two years to one year.

RULE 42 T his corresponds to the old Rule 19.

RULE 43 T his corresponds to the old Rule 21 except that the leave of the Bailiff is now required.

RULE 44 P aragraph (1) provides for the revocation of the 1992 rules and of the amendments thereto. Paragraph (2) repeals various sections of the 1891 Law.

RULE 45 T his is the usual citation and commencement provision.

SCHEDULE

The first form now provides a form of originating summons in the Civil Claims Division and has been amended in accordance with the provisions of Rule 7 and generally made easier for members of the public to understand.

The second form has been amended in accordance with Rule 19.

The last two forms now refer to proceedings and have been very slightly amended. The Rules were made on 29th April 2004, and come into force on 1st June 2004.

R&O 35/2004.

1. IN  TRODUCTION

The Petty Debts Court (Miscellaneous Provisions) (Jersey) Law 2000 was registered in the Royal Court on 20th October 2000.  Under the terms of this, rules of court are required in order to provide for a general right of appeal from the Petty Debts Court to the Royal Court.

2. T H E NEW RULES

RULE 1 This deals with the definition of various terms contained in these rules.

RULE 2 This sets out the principle contained in the Law that leave is required in every case either from the court below or from the Bailiff .

RULE 3 This deals with an application for leave to the Petty Debts Court and requires that both this and any application for a stay of the Order appealed shall be made at the end of the hearing at which the Order is made.

Paragraph (3) of this rule requires that leave be granted subject to a condition that the appellant very strictly comply with the time periods set out elsewhere in the rules and that failure so to do shall set aside the grant of leave.

RULE 4 This deals with an application to the Bailiff for leave.  Such an application can be made whether or not leave  to  appeal  has  been  applied  for  or  refused  by  the  Petty  Debts  Court.  The  notice  of  appeal  shall  be substantially in the form set out in the First Schedule to the Rules.

Under the terms of paragraph (6) an application for leave alone can be heard by the Bailiff ex parte and in Chambers.

Under the terms of paragraph (7), an application for a stay can only be heard with all parties affected present.

Under the terms of paragraph (8), the grant of leave is conditional upon the appellant complying strictly with the subsequent terms of the rules and failure so to do has the effect of setting aside the grant of leave.

RULE 5 Paragraph (1) deals with the service of the notice of appeal which shall be substantially in the form set out in the Second Schedule to the Rules upon the respondent where leave to appeal is granted by the Petty Debts Court and with the filing of documents with the Greffier.

Paragraph (2) deals with the serving of documents upon the respondent where leave to appeal is granted by the Bailiff and with the filing of documents with the Greffier.

Paragraph (3) deals with the fixing of a date for the hearing of the appeal.  The form of notice to fix a date shall be substantially in the form set out in the Third Schedule to the Rules.

RULE 6 This deals with the requesting of a transcript and with the steps to be taken once this has been produced. RULE 7 This deals with the filing of skeleton arguments by all parties to the appeal.

RULE 8 This deals with the extension or abridgement of time.

RULE 9 This deals with the citation and commencement of the rules.

SCHEDULES T he First to Third Schedules provide the forms which are required by Rules 4(1), 5(1) and 5(3) respectively.

CONCLUSION The Rules do not deal expressly with the provision of bundles for the court but this is a matter which is already dealt with by practice directions in the Royal Court.

The Rules were made on 29th April 2004, and come into force on 1st June 2004. R&O 36/2004

This Order continues the requirement that motorcyclists and their passenger must wear protective helmets but extends the range of helmets that may be worn from those that comply with relevant British Standards to those that comply with relevant international standards.

The Order was made on 30th April 2004, and came into force 7  days after it was made.

R&O 37/2004

The purpose of this Order is to give force and effect to a new EC Council Regulation concerning certain restrictive measures in respect of Zimbabwe, the previous Regulation, which was also given effect in Jersey, having expired.

The Order was made on 6th May 2004, and came into force forthwith.

NOTIFICATION OF STANDING ORDER DECISIONS - FINANCE AND ECONOMICS COMMITTEE

(delegated functions)

15th April 2004

1. as recommendedby the EnvironmentandPublicServicesCommittee, the sub-leaseto Paul DavisFreight Services Limited from AvoShocks International of Unit  5,LaRueGosset,La Collette, St. Helier, for a period of nine years from a date tobe agreed, at an annual rent of £42,000, with the remainingterms to be those containedin the head lease between thepublicand the Head Lessee, on the basis that the head lessee would be responsible for meeting any reasonable legal and surveyorsfees arising from the transaction;
2. as recommendedbytheEconomicDevelopmentCommittee, the lease to Mr.Richard John Baudains,ofLa Pepiniere Farm, LaRuedeCrabbé, St. Mary,ofFields Nos.  330 and 331, St. Mary (required forthe grazing of cattle)at an annual rent of £225, with the lease beingdeemedto have commenced upon the completion of the contract for a period of three years, on the basis that eachparty was to be responsible for its ownlegal costs arising from the transaction;
3. as recommendedby the EconomicDevelopmentCommittee, the sub-lease to MasterFarms Limited, of Westlands Farm, Route de Francfief, St. Brelade , ofFieldsNos. 810 and 811,adjacenttoTheElms,St. Mary, from the National Trust for Jersey(whichhadagreed to the sub-leasein accordance with clause  3(ii) of the Head-Lease),for a periodof 21 months from 25th March2004until 24th December2005,atanannual rent of £1,510 payable in two equal instalments on 24th June 2004and 2005. All othertermsand conditions were to remain asintheHead-Leaseandeachpartywas to beresponsiblefor its ownlegalcosts arising from the transaction;
4. as recommendedbytheHousingCommittee, the leaseto the Jersey Electricity Company Limited ofanarea of land sufficient for the provisionofthe proposed electricity sub-station(No. 650) attheformerLeCoie HotelRedevelopment site, Janvrin Road, St. Helier , for a periodof99years from the date ofoccupationof the building, for a one-offpaymentof £990 uponcompletionof contracts, on the basis that eachpartywould be responsiblefor its own legal costs arising from the transaction;
5. as recommendedbytheEnvironment and Public ServicesCommittee,theannulmentof the lease to CTS Computing Limited of the Ground Floor offices at Broadcasting House,RougeBouillon,St. Helier, presently subject to a lease for a period of four years from 25th March 2003 at an annual rent of £30,320, subject to paymentby the tenantof one quarter's rental and any additional professionaland managing agent'sfees arising from the transaction.

29th April 2004

6. as recommendedby the EnvironmentandPublicServicesCommittee,thesale to the TrusteesoftheDouglas Haig MemorialHomes of two areasof land atNos. 1 to 12 PrincessElizabethCourt,Greve d'Azette, St. Clement, soas to enable the further development of thesiteby the constructionofadditionalresidentialunits to housemembers of the ex-Servicecommunity, for a nominal sum of £10, subject to appropriate conditions and/or covenants in orderto ensure the continued use ofthesitefor social rented housing within the stated objectives oftheTrust;
7. as recommendedbytheHousingCommittee, the entering into of a DeedofArrangement with Mr.Clement Charles Pallot and Mrs. Phyllis May Pallot, néeLe Lievre, in relation to the grant of access rights to the public onto the propertyNo. 2 Garlyckehythe, Janvrin Road, St. Helier, with or without workmen,material, ladders andscaffolding in orderto repair, replace, maintain andup-keepnotonlythenewly-builtwalls (which workwas to be the sole responsibilityof the public) butalsopartsof the roof, soffits and gutters; the said works to be carried out as quickly aspossibleandtocausethe least inconvenience possible to the ownersofNo. 2 Garlyckehythe, with the public to reinstate any affected areasto the same state as they were before the work was carried out. Any rights ofaccess would be conditional upon two weeksnoticebeing given to the ownersofNo. 2 Garlyckehytheexcept in thecaseofanemergency. It wasintended that the