Order Paper 14th September 2004

STATES OF JERSEY ORDER PAPER

Tuesday 14th and Wednesday 15th September 2004, and,

if necessary, Tuesday 21st and Wednesday 22nd September 2004

1. COMMUNICATIONS BYTHE BAILIFF
2. TABLING OF SUBORDINATE LEGISLATION

(Explanatory note attached)

Social Security (General Benefit) (Amendment No.  2) (Jersey) Order R&O 76/2004. 2004.

Employment and Social Security Committee.

Social Security (Airmen) (Amendment) (Jersey) Order 2004. R&O 77/2004. Employment and Social Security Committee.

Social Security (Mariners) (Amendment No. 2) (Jersey) Order 2004. R&O 78/2004. Employment and Social Security Committee.

Social Security (Married Women) (Amendment No.  3) (Jersey) Order R&O 79/2004. 2004.

Employment and Social Security Committee.

Social Security (Residence and Persons Abroad) (Amendment No.  2) R&O 80/2004. (Jersey) Order 2004.

Employment and Social Security Committee.

Social Security (Overlapping Benefits) (Amendment No.  4) (Jersey) R&O 81/2004. Order 2004.

Employment and Social Security Committee.

Social Security (Medical Certification) (Amendment) (Jersey) Order R&O 82/2004. 2004.

Employment and Social Security Committee.

Social Security (Contributions) (Amendment No.  8) (Jersey) Order R&O 83/2004. 2004.

Employment and Social Security Committee.

Social Security (Claims and Payments) (Amendment No. 4) (Jersey) R&O 84/2004. Order 2004.

Employment and Social Security Committee.

Social  Security  (Determination  of  Disablement  Questions) R&O 85/2004. (Amendment) (Jersey) Order 2004.

Employment and Social Security Committee.

Social  Security  (Determination  of  Claims  and  Questions) R&O 86/2004. (Amendment No.3) (Jersey) Order 2004.

Employment and Social Security Committee.

Social Security (Incapacity Benefits) (Jersey) Order 2004. R&O 87/2004. Employment and Social Security Committee.

Social  Security  (Assessment  of  Long  Term  Incapacity)  (Jersey) R&O 88/2004. Order 2004.

Employment and Social Security Committee.

Health  Insurance  (Pharmaceutical  Benefit)  (General  Provisions) R&O 90/2004. (No.  2) (Amendment No.  2) (Jersey) Order 2004.

Employment and Social Security Committee.

Battle of Britain Air Display (Jersey) Order 2004. R&O 91/2004. Environment and Public Services Committee.

Housing (Fees) (Jersey) Order 2004. R&O 92/2004. Housing Committee.

Education (Discretionary Grants) (Amendment No.  3) (Jersey) Order R&O 93/2004. 2004.

Education, Sport and Culture Committee.

Tourism (General Provisions) (Amendment No.  11) (Jersey) Order R&O 94/2004. 2004.

Economic Development Committee.

Places of Refreshment (Registration) (Fees) (Jersey) Order 2004. R&O 95/2004. Economic Development Committee.

Community Provisions (Control of Exports of Dual-Use Items and R&O 97/2004. Technology) (Application) (Amendment No.  3) (Jersey) Order 2004.

Home Affairs Committee.

Island Planning (Designation of Sites of Special Interest) (No.  12) R&O 98/2004. (Jersey) Order 2004.

Environment and Public Services Committee.

3. MATTERS RELATING TO COMMITTEE MEMBERSHIP

Resignation of the Deputy of St. Mary from the Economic Development Committee.

4. PRESENTATION OF PAPERS

1. Papers for information

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

3rd August 2004

A Vision for the Future of Early Education and Childcare in Jersey. R.C.35/2004. Education, Sport and Culture Committee.

Planning for Homes 2004. R.C.36/2004. Environment and Public Services Committee.

10th August 2004

States Rental Waiting List: 6-monthly figures. R.C.37/2004. Housing Committee.

Criminal Injuries Compensation Board: report and accounts for 2003. R.C.38/2004. Home Affairs Committee.

17th August 2004

Jersey Financial Services Commission: 2003 annual report. Economic Development Committee.

General Reserve: grant of additional funds to 30th June 2004. R.C.39/2004. Finance and Economics Committee.

Draft Transfer of Functions (Environment and Public Services P.137/2004. Committee) (No. 2) (Jersey) Act 200- (P.137/2004): comments. Com. Economic Development Committee.

24th August 2004

States of Jersey Law 1966, as amended: delegation of functions – R.C.40/2004. airport – revised parachuting guidelines.

Harbours and Airport Committee.

Licensing Law: purchase of alcohol for persons under 18 P.95/2004. (P.95/2004) – comments. Com.(2) Connétable of St. Martin.

31st August 2004

Jersey Competition Regulatory Authority appointments: report. R.C.41/2004. Economic Development Committee.

Regulation of Undertakings and Development (Jersey) Law 1973: R.C.42/2004. commentary on licences granted under Part II for the period to 30th

June 2004.

Economic Development Committee.

Fields Nos. 519, 520, 521, 524, 527 and 528, Woodside Farms, La R.C.43/2004. Hocquarderie, Trinity : report of Mrs. C.E. Canavan.

Environment and Public Services Committee.

7th September 2004

Licensing Law: purchase of alcohol for persons under 18 P.95/2004. Com. (P.95/2004) – comments. (3) Home Affairs Committee.

2. Notification of Standing Order decisions

5th August 2004

Decisions under delegated functions. Finance and Economics Committee.

3. Notification of acceptance of tenders

21st July 2004

Le Squez redevelopment Phases 1A and 1B.

4. Papers to be lodged "au Greffe" under Standing Order 17A(1)(a)

Draft Law Society of Jersey Law 200- (P.154/2003): second P.154/2003. amendments (P.154/2003  Amd.(2)) – amendments. Amd.(2). Amd. Deputy R.G. Le Hérissier of St. Saviour .

Bus Service: rescindment of decisions relating to concessionary fares P.150/2004. and adult fares after 8.00  p.m.

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

Machinery of Government Reform: composition and election of the P.151/2004. States Assembly.

Special Committee on the Composition and Election of the States

Assembly.

States Members' parking: withdrawal of provision. P.152/2004. Senator E.P. Vibert .

Draft Extradition (Jersey) Law 2004 (Appointed Day) Act 200-. P.153/2004. Policy and Resources Committee.

Draft Extradition (Designated Territories) (Jersey) Regulations 200-. P.154/2004. Policy and Resources Committee.

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

3rd August 2004

Assemblée Parlementaire de la Francophonie Executive Committee: P.140/2004. membership.

Connétable of St. Ouen.

10th August 2004

Statistics User Group: appointment of chairperson. P.141/2004. Policy and Resources Committee.

17th August 2004

Draft Fire Precautions (Designated Premises) (Amendment No.  2) P.142/2004. (Jersey) Regulations 200-.

Home Affairs Committee.

Draft Transfer of Functions (Economic Development Committee) P.143/2004. (Jersey) Act 200-.

Economic Development Committee.

24th August 2004

States Resource Plan 2005 to 2009 (P.135/2004): amendment. P.135/2004. Privileges and Procedures Committee. Amd.

Draft Licensing (Licence Fees) (Jersey) Regulations 200-. P.144/2004. Economic Development Committee.

31st August 2004

Le Marais, St. Clement – redevelopment of low rise Phase I. P.145/2004. Housing Committee.

7th September 2004

Draft Road Traffic (Amendment No.  3) (Jersey) Law 200-. P.146/2004. Environment and Public Services Committee.

Car parking charges: allocation of additional income to the funding of P.147/2004. transport initiatives.

Environment and Public Services Committee.

Draft Mental Health (Amendment) (Jersey) Law 2004 (Appointed P.148/2004. Day) Act 200-.

Health and Social Services Committee.

Area of land, St.  Brelade, adjacent to L53, L53a and L65 Garage site, P.149/2004. L'Avenue de la Commune, St.  Peter: transfer of administration.

Harbours and Airport Committee.

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 Legislation Committee will ask the States to agree to defer the following matter set down for consideration at the present meeting –

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

Legislation Committee.

The President of the Environment and Public Services Committee will ask the States to agree to defer the following matter set down for consideration at the present meeting –

Speed Limits: revised policy. P.1/2004. Lodged: 20th January 2004.

Environment and Public Services Committee.

Senator E.P. Vibert will ask the States to agree to defer the following matter set down for consideration at the present meeting –

Sunday Trading legislation. P.107/2004. Lodged: 1st June 2004.

Senator E.P. Vibert .

THE  STATES  are  asked  to  agree  that  the  following  matters  lodged "au  Greffe" be considered at the present meeting –

Statistics User Group: appointment of chairperson. P.141/2004. Lodged: 10th August 2004.

Policy and Resources Committee.

Draft Transfer of Functions (Economic Development Committee) P.143/2004. (Jersey) Act 200-.

Lodged: 17th August 2004.

Economic Development Committee.

Draft Licensing (Licence Fees) (Jersey) Regulations 200-. P.144/2004. Lodged: 24th August 2004.

Economic Development Committee.

THE  STATES  are  asked  to  agree  that  the  following  matters  lodged "au  Greffe" be considered at their next meeting on 28th September 2004 –

Draft Drainage (Jersey) Law 200-. P.193/2003. Lodged: 16th December 2003.

Environment and Public Services Committee.

Draft Drainage (Jersey) Law 200- (P.193/2003): amendments. P.193/2003. Lodged: 20th April 2004. Amd. Environment and Public Services Committee.

Fields 519, 520, 521, 524, 527  and 528,   Trinity – rescindment of P.74/2004. planning permit.

Lodged: 20th April 2004.

Senator P.V.F. Le Claire.

Channel Islands Lottery: allocation of profits. P.136/2004. Lodged: 20th July 2004.

Economic Development Committee.

Draft Transfer of Functions (Environment and Public Services P.137/2004. Committee) (No.  2) (Jersey) Act 200-.

Lodged: 20th July 2004.

Environment and Public Services Committee.

Draft Transfer of Functions (Environment and Public Services P.137/2004. Committee) Com. (No. 2) (Jersey) Act 200- (P.137/2004): comments.

Presented: 17th August 2004.

Economic Development Committee.

Court and Case Costs: investigation. P.138/2004. Lodged: 20th July 2004.

Deputy A.  Breckon of St.  Saviour.

Assemblée Parlementaire de la Francophonie Executive Committee: P.140/2004. membership.

Lodged: 3rd August 2004.

Connétable of St. Ouen.

Draft Fire Precautions (Designated Premises) (Amendment No.  2) P.142/2004. (Jersey) Regulations 200-.

Lodged: 17th August 2004.

Home Affairs Committee.

Le Marais, St. Clement – redevelopment of low rise Phase I. P.145/2004. Lodged: 31st August 2004.

Housing Committee.

Draft Road Traffic (Amendment No.  3) (Jersey) Law 200-. P.146/2004. Lodged: 7th September 2004.

Environment and Public Services Committee.

Car parking charges: allocation of additional income to the funding of P.147/2004. transport initiatives.

Lodged: 7th September 2004.

Environment and Public Services Committee.

States Members' parking: withdrawal of provision. P.152/2004. Lodged: 14th September 2004.

Senator E.P. Vibert .

Draft Extradition (Jersey) Law 2004 (Appointed Day) Act 200-. P.153/2004. Lodged: 14th September 2004.

Policy and Resources Committee.

Draft Extradition (Designated Territories) (Jersey) Regulations 200-. P.154/2004. Lodged: 14th September 2004.

Policy and Resources Committee.

6. PRESENTATION OF PETITIONS
7. QUESTIONS

1. Written Question

The President of the Harbours and Airport Committee will table an answer to a question asked by the Deputy of St. John regarding sea transportation links between Jersey and both the U.K. and France.

2. Oral Questions

8. MATTERS OF PRIVILEGE
9. PERSONAL STATEMENTS

10. COMMITTEE STATEMENTS

The Connétable of St. Martin will make a statement regarding the Electoral Register.

11. PUBLIC BUSINESS

States Resource Plan 2005 to 2009. P.135/2004. Lodged: 20th July 2004.

Policy and Resources Committee.

States Resource Plan 2005 to 2009 (P.135/2004): amendment. P.135/2004. Lodged: 24th August 2004. Amd. Privileges and Procedures Committee.

States Resource Plan 2005 to 2009 (P.135/2004): second amendment. P.135/2004. Deputy A. Breckon of St. Saviour . Amd.(2) (attached)

Machinery  of  Government:  votes  of  no  confidence  in  individual P.6/2004. ministers.

Lodged: 20th January 2004.

Senator S. Syvret

Machinery  of  Government:  votes  of  no  confidence  in  individual P.6/2004. ministers (P.6/2004) – comments. Com. Presented: 30th March 2004.

Privileges and Procedures Committee.

Machinery  of  Government:  votes  of  no  confidence  in  individual P.6/2004. ministers (P.6/2004) – comments. Com.(2). Presented: 20th April 2004.

Policy and Resources Committee.

Royal Court House/States Building: allocation of accommodation. P.69/2004. Lodged: 20th April 2004.

Environment and Public Services Committee.

Royal  Court  House/States  Building:  allocation  of  accommodation P.69/2004. (P.69/2004) – amendment. Amd. Lodged: 27th April 2004.

Privileges and Procedures Committee.

Draft  Act  annulling  the  Island  Planning  (Designation  of  Sites  of P.109/2004. Special Interest) (No.  9) (Jersey) Order 2004.

Lodged: 1st June 2004.

Deputy L.J. Farnham of St. Saviour .

Draft  Act  annulling  the  Island  Planning  (Designation  of  Sites  of P.109/2004. Special Interest) (No.  9) (Jersey) Order 2004 (P.109/2004): comments. Com. Presented: 20th July 2004.

Environment and Public Services Committee.

Regulatory Reform. P.134/2004. Lodged: 20th July 2004.

Policy and Resources Committee.

Subject to E –

S t atistics User Group: appointment of chairperson. P.141/2004 L o dged: 10th August 2004.

P o licy and Resources Committee.

D  raft Transfer of Functions (Economic Development Committee) P.143/2004. ( J ersey) Act 200-.

L o dged: 17th August 2004.

E c onomic Development Committee.

D  raft Licensing (Licence Fees) (Jersey) Regulations 200-. P.144/2004. L o dged: 24th August 2004.

E c onomic Development Committee.

A.H. HARRIS Deputy Greffier of the States

9th September 2004.

Explanatory Note regarding subordinate legislation tabled at this meeting.

R&O 76/2004.

This Order amends the Social Security (General Benefit) (Jersey) Order  1975, in consequence of the introduction of a single incapacity benefit for injury and illness.

It also has the effect of providing that a parent in receipt of incapacity benefit or maternity allowance can obtain an increase of the benefit in certain circumstances. These can be summarized as follows –

1. T he beneficiary andtheother parent must be living togetherin Jersey, and ordinarily residenthere.
2. T heotherparentmustbe in receipt of a home responsibility credit under Article 13of the Social Security (Contributions) (Jersey)Order 1975 excepting that otherperson from paying contributions under the Law.(Such credits are availableparent to parents who have the full-timecareofchildren of the family who are younger than 5 years.)
3. T he credit must relate tothefirstorsecond child ofthe family.

The Order was made by the Employment and Social Security Committee on 21st July 2004, and comes into force on 1st October 2004.

R&O 77/2004.

The effect of this Order is to amend the Social Security (Airmen) (Jersey) Order  1974, in consequence of the introduction of a single incapacity benefit for injury and illness.

The Order was made by the Employment and Social Security Committee on 21st July 2004, and comes into force on 1st October  2004.

R&O 78/2004.

The effect of this Order is to amend the Social Security (Mariners) (Jersey) Order  1974, in consequence of the introduction of a single incapacity benefit for injury and illness.

The Order was made by the Employment and Social Security Committee on 21st July 2004, and comes into force on 1st October 2004.

R&O 79/2004.

The effect of this Order is to amend the Social Security (Married Women) (Jersey) Order  1974, in consequence of the introduction of a single incapacity benefit for injury and illness.

The Order was made by the Employment and Social Security Committee on 21st July 2004, and comes into force on 1st October 2004.

R&O 80/2004.

The effect of this Order is to amend the Social Security (Residence and Persons Abroad) (Jersey) Order  1974, in consequence of the introduction of a single incapacity benefit for injury and illness.

The Order was made by the Employment and Social Security Committee on 21st July 2004, and comes into force on 1st October 2004.

R&O 81/2004.

The effect of this Order is to amend the Social Security (Overlapping Benefits) (Jersey) Order 1975, in consequence of the introduction of a single incapacity benefit for injury and illness.

The Order was made by the Employment and Social Security Committee on 21st July 2004, and comes into force on 1st October 2004.

R&O 82/2004.

The effect of this Order is to amend the Social Security (Medical Certification) (Jersey) Order 1974, in consequence of the introduction of a single incapacity benefit for injury and illness.

The Order was made by the Employment and Social Security Committee on 21st July 2004, and comes into force on 1st October 2004.

R&O 83/2004.

The effect of this Order is to amend the Social Security (Contributions) (Jersey) Order  1975, in consequence of the introduction of a single incapacity benefit for injury and illness.

The Order was made by the Employment and Social Security Committee on 21st July 2004, and comes into force on 1st October 2004.

R&O 84/2004.

The effect of this Order is to amend the Social Security (Claims and Payments) (Jersey) Order 1974, in consequence of the introduction of a single incapacity benefit for injury and illness.

The Order was made by the Employment and Social Security Committee on 21st July 2004, and comes into force on 1st October 2004.

R&O 85/2004.

This Order amends the Social Security (Determination of Disablement Questions) (Jersey) Order 1974, in consequence of the introduction of a single incapacity benefit for injury and illness.

The Order was made by the Employment and Social Security Committee on 21st July 2004, and comes into force on 1st October 2004.

R&O 86/2004.

This Order amends the Social Security (Determination of Claims and Questions) (Jersey) Order 1974, in consequence of the introduction of a single incapacity benefit for injury and illness.

The Order was made by the Employment and Social Security Committee on 21st July 2004, and comes into force on 1st October  2004.

R&O 87/2004.

This Order replaces the Social Security (Incapacity Benefit) (Jersey) Order 1974, and the Social Security (Accident Benefit) (Jersey) Order 1974, in consequence of the introduction of a single incapacity benefit for injury and illness.

The Order was made by the Employment and Social Security Committee on 21st July 2004, and comes into force on 1st October  2004.

R&O 88/2004.

This Order replaces the Social Security (Disablement Benefit) (Assessment of Disablement) (Jersey) Order  1974, in consequence of the introduction of a single incapacity benefit for injury and illness.

The Order was made by the Employment and Social Security Committee on 21st July 2004, and comes into force on 1st October 2004.

R&O 90/2004.

This Order applies the £1.28 dispensing fee to a smaller range of controlled drugs and a lower dispensing fee of 43p to drugs mainly of the benzodiazepam type.

The Order was made on 28th July 2004, and comes into force on 1st October 2004. R&O 91/2004.

Article 1 grants permission to the promoter of the Battle of Britain Air Display to use the roads and places listed in the Article for the viewing of the display on 9th September 2004, if the promoter obtains insurance in relation to the display.

Article 2 sets out the requirements as to insurance that the promoter must obtain.

Article 3 requires the promoter to provide public notice of the event and the intended restrictions.

Article 4 specifies the public roads and places that the promoter may close during the day of the display and the practice session on the day before the display.

Article 5 permits the promoter to close part of the beach in St Aubin's Bay during the day of the display and the practice session on the day before the display, and to allow entry to the beach during the practice session (but not during 12.30 p.m. and 5 p.m. on the day of the display).

Article 6 prohibits waiting on part of St Aubin's Road on the day of the display.

Article 7 permits the promoter to allow the public to enter parts of the site (other than the relevant part of the beach) on the day of the display.

Article 8 provides an exception to some restrictions set out in the Road Traffic (Saint Lawrence) (Jersey) Order 1990. It also provides, to vehicles intending to access premises on or adjacent to the site to which the Order relates (other than Elizabeth Castle), an exception to the restrictions in the Order relating to vehicle movement.

Article 9 specifies the name of this Order. The Order was made on 29th July 2004.

R&O 92/2004.

This Order prescribes –

1. a fee of £50 for anapplicationfor a consentunder the Housing(Jersey) Law 1949to a transaction, other than a short-termlease; and,
2. a fee of £20 for a variation of a consent granted under that Law,other than a variation of a consent in relation to a short-termlease.

The Order was made on 29th July 2004, and came into force on 20th August 2004.

R&O 93/2004.

Article 1 specifies that the Education (Discretionary Grants) Order 2001 is being amended by this Order.

Article 2 amends Schedule 2 to alter the amounts payable for maintenance, travel costs, the allowance for attending courses during the vacation, and alters the amount of the total maximum student grant for a year from £8,900 to £9,600.

Article 3 alters the amount of the maximum grant to a student studying a course in Jersey from £3,804 to £3,949. Article 4 alters the maximum amount of the distance learning grant.

Article 5 increases the amount of a grant to attend an interview from £235 to £245.

Article 6 specifies the name by which this amending Order may be cited and that the Order shall come into force on 1st September 2004.

The Order was made on 28th July 2004. R&O 94/2004.

This Order increases the fees for the grant or renewal of registration of premises under the Tourism (Jersey) Law 1948 by approximately 2.5%. The fees were last increased on 1st October 2003.

This Order was made on 10th August 2004, and comes into force on 1st October 2004. R&O 95/2004.

This Order increases by approximately 2.5% the prescribed fee for registration, or renewal of registration, of premises as a place of refreshment under the Places of Refreshment (Jersey) Law 1967. The fees were last increased on 1st January 2004.

The Order was made on 10th August 2004, and comes into force on 1st January 2005. R&O 97/2004.

The Community  Provisions (Control of Exports of Dual-Use Items and Technology)  (Application) (Jersey) Regulations 2002 were promulgated on 12th June 2002. They were introduced to keep in the Island in step with the European Community and U.K. regimes for controlling the export of dual-use items.

Dual-use items are items, including software and technology, which can be used for both civil and military purposes. In 2000 the E.C. introduced a regime for the control of dual-use items by the introduction of Council Regulation (EC) No. 1334/2000. The Policy and Resources Committee and the Finance and Economics Committee, believed that it was "appropriate for Jersey to play its part in co-operating in the important area of arms control and non-proliferation by giving effect to the E.C. Dual-Use Export Regulations in Jersey".

Regulation 2 of the Community Provisions (Control of Exports of Dual-Use Items and Technology) (Application) (Jersey) Regulations 2002, as amended, states that "These Regulations may be amended by the [Home Affairs] Committee by Order to take account of amendments made to Council Regulation (E.C.) Number 1334/2000."

On 19th July 2004 Council Regulation (E.C.) 1504/2004 amended Council Regulation (E.C.) 1334/2000 by replacing all 200 plus pages of its Annexes which detail the dual-use items.

The Community Provisions (Control of Exports of Dual-Use Items and Technology) (Application) (Amendment No.  3) (Jersey) Order 2004 will take account of the effect of Council Regulation (E.C.) 1504/2004.

The effect of the Council Regulation is to vary the restrictions on the exporting of dual-use items. The Order was made on 8th September 2004, and comes into force on 30th September 2004.

R&O 98/2004.

The purpose of this Order is to designate Homestead and the land appurtenant to it together with the buildings connected to Homestead on that land, situated in La Grande Route des Augerez, in the Parish of Saint Peter, to be a site of special interest by reason of the special architectural and historical interests that attach to it.

Article 1 describes the proposed site and special interests that attach to it. It also provides for the designation. Article 2 provides for the name of the Order and for its commencement.

Schedule 1 provides the description of the position and extent of the proposed site.

Schedule 2 shows a plan of the proposed site.

This Order was made on 9th September 2004, and came into force on that date.

NOTIFICATION OF STANDING ORDER DECISIONS - FINANCE AND ECONOMICS COMMITTEE

(delegated functions)

5th August 2004

1. AsrecommendedbytheEnvironment and PublicServicesCommittee,the addendum to the undermentioned leases inorder to clarify theboundarybetween the two properties at Grève de Lecq,St.Ouen –

( i)  the lease to Mr. John William Eagle and Mrs. Viviane Christine Eagle, née Le Tiec, (trading as Starfish

Limited) of Colleens Café (in respect of an alteration to the north-western boundary); and

( ii ) the lease to Mr. Richard Ropert and Mrs. Harriet Ropert, née Fane, of Café de Lecq (in respect of an

alteration to the south-eastern boundary);

2. as recommendedby the Health and Social ServicesCommittee, the renewalofthelease from Mrs. Eileen Mary Renouf , née Pallot, ofthethree-bedroombungalowknown as Teramar, La Route duPetitClos, Trinity Hill, St. Helier (required for occupation by the Superintendent Radiographer)for a period of three years from 1st April 2004 at an annual rent of £13,000 (representing a rate of £250 a week) payable quarterly in advance, subject toannualreviewon 1st April2005and2006 in line with the Jersey Retail Price Index, on the basis that the tenant wouldberesponsible for the full paymentof the rent and all utility, service and Parish Rate charges;
3. as recommended by the Environment and Public  Services Committee, the entering into  of a Deed of Arrangement with Mr.MichaelGraeme Moignard, ownerof the property known as Seaside Cottage, St. Lawrence ,whichadjoined the St. Aubin's Bay promenade, in orderto clarify the southern boundary with the adjacent public land, in accordance with the Drawingby Bailhache Labesse entitled "Conveyancing Details address Seaside Cottage, La Rue de la Haule, St. Lawrence" and asshownaspointsA, B and C thereon with the ownerofSeaside Cottage having the right to build a wall, fence orotherenclosure to that boundary line, with the public retaining the right to join against the south-westcornerof any enclosure, onthebasis that each party would be responsible for its own legal costs arising from  the transaction. [The Committee accordingly rescinded its ActNo. A2(a) dated 8thJanuary2004];
4. as recommendedby the Harbours and Airport Committee, in relation to the leaseofanareaof land (Letting No. SA1 - measuring approximately  5,500 square feet)  on the  north  quay at  St.  Aubin's  Harbour,  St. Brelade –

( i)  the annulment of the existing lease to Battrick's Boatyard Limited; and

( ii ) the lease of the land to Alcora Limited for a period of 99 years commencing from 1st July 2004, at an

annual rent of £30,000 subject to a review at eight years from commencement and every seven years thereafter in accordance with the open market value;

5. as recommendedby the Harbours and AirportCommittee, the leasetoEndeavour Holdings Limited of office accommodation (Letting No. A52 - measuring1,200 square feet) attheAlbert Pier Terminal,St. Helier for a period ofthree years from 1stFebruary2004atanannual rent of £6,192 (representing a rateof £5.16 a square foot), payable quarterly in advance, subject to annual review in line with the Jersey Retail Price Index;
6. as recommendedby the Health and SocialServicesCommittee,theentering into of a DeedofArrangement with Mr.Victor Cosby Davies, ownerofLa Casita, 5 RunnymedeCourt, Roseville Street, St. Helier , in order to allow Mr.Davies to erect a maintenance scaffold acrossthe full 3'0" width between the boundary wall with WillowsHouse,TheLimes Residential NursingHome,Green Street, St. Helier , up to the boundary wall, subject to reasonable advancenoticebeinggiven and a maximumperiod of eightweeksforthescaffold to remain in situ, on the basis that the owner would not be charged a consideration for being granted amended access rights, and that eachparty would beresponsiblefor its own legal fees arising from the

transaction;

7. as recommended by theHousingCommittee, the lease to Mr. Wilson Taylor Brown and Mrs.TaniaBrown, née LeLuan,of the garage pertaining to Flat D7,QuennevaisPark, St. Brelade , for the balanceof the existing 99-year lease of the saidFlat D7,Quennevais Park duetoexpireon 25th December2064and to be co-terminus withthe said lease, on thebasisof a nominal sum of £10, subject to Mr.andMrs. Brown being responsible for both parties' legal fees arising from the transaction;
8. as recommendedby the Health and SocialServicesCommittee, the lease from Miss Florence Anne Moulder of the five-bedroom property known as St. Luke's Lodge, Elizabeth Street, Georgetown, St. Saviour (including two parking spaces), required for use as a grouphome,for a period of nine years from 1st July 2004 atanannual rent of£20,000, subject toannual increases in line with the Jersey Retail Price Index,on the basis that each party wouldberesponsiblefor its ownlegalcosts arising from the transaction;
9. as recommended by the Education, Sport and Culture Committee, the lease to the Jersey Badminton Association of the LaPouquelaye Badminton Hall , situated onFieldNo. 1233, St. Helier , for a period of99 years deemed to havecommencedon1st January 1995 at an annual rent commencing from 1st January 2005 equating to a commencing rent in January 1995 of £100 increased in proportion to the increaseinthe Jersey Retail Price Indexbetween the twodates(approximately£145), subject toannualreviewevery five years from 1stJanuary 2005 and tobe increased in proportion to the increase in the saidIndexbetween the date of the previous review and the date of the review, on the basisof the terms set out in a report dated 25th March 2004 of the Directorof Property Services, and with each party to be responsible for its ownlegalcosts arising from the transaction; and,
10. as recommendedbytheHarbours and Airport Committee, the renewalof the lease to D.K. Collins Marine Limited ofaccommodation (Letting No. S22) South Pier, St. Helier for a periodofoneyear (in view of the redevelopment plan for the St. Helier YachtClub,whichoccupiedthe same site) from 1st April 2004 at an annual rent of £3,817.55.

NOTIFICATION OF ACCEPTANCE OF TENDER UNDER RULE 5 OF THE PUBLIC FINANCES (GENERAL) (JERSEY) RULES 1967, AS AMENDED -

FINANCE AND ECONOMICS COMMITTEE

21st July 2004

The Housing Committee accepted the lowest tender for the drainage enabling works Le Squez redevelopment, St. Clement (Phases 1A and 1B), namely that received from Jayen Limited in the sum of £480,298.20 in a contract period of 16  weeks.

The other tenders received were, as follows -

C o n t r a c to r       T e n d  er s u m : C  o n ta c t period:

Trant (Jersey) Limited   £ 4 8 5 ,292.10 1 8 w  ee k s G e o m  ar i n e L i mited £ 4 9 6 , 9 4 2.35 1 7 w  ee k s

B r e n w a l L i m i ted £ 4 9 8 , 5 2 4 .0 0 1 9 w  ee k s .

WRITTEN QUESTION PAPER (See Item G)

The President of the Harbours and Airport Committee will table an answer to the following question asked by the Deputy of St. John.

1. F o llowing the publication of the report byconsultantsOXERA into sea transport linksbetweenJerseyand both theUnitedKingdomandFrance, would the President explain why he questioned the conclusionof the report on the basis that the Consultants had "underestimated" the amountof competition on the Jersey to St. Malosearoute?
2. D o es the Committee accept that the OXERAconclusions are very similar tothoseof the initial report published bytheJerseyCompetitionRegulatory Authority (JCRA)in that they both highlight that too much capacitycould affect the long-term viability of sea transport operators?
3. W o uld thePresident confirm whether the Committee accepts theoverallconclusion of the reporttobe that it wouldbemore beneficial to the future viability of the routes for a single operator, governed byan appropriate Service LevelAgreement, to belicensed? If so, will the Committee undertake to study the report's contents carefully and to take steps, with the Committee's officers where appropriate, to ensure that the conclusions of the report are implementedas a matter ofurgency?

STATES RESOURCE PLAN 2005 TO 2009 (P.135/2004): SECOND AMENDMENT

_________________

In Appendix 11 referred to in paragraph (c) of the proposition insert the following item into the Legislation Programme for 2005 –

"

FINANCIAL  SERVICES ECONOMIC  DEVELOPMENT None identified None identified OMBUDSMAN COMMITTEE

(JERSEY) LAW – NEW

LAW (15 days)

"

DEPUTY A. BRECKON OF ST. SAVIOUR

REPORT

Ombudsman services were first established in Sweden in 1809 to "investigate citizens complaints against public officials".

Since then many basic systems have developed to enable ordinary people to air their complaint or grievance, (at no (or low) cost), about a specific area of public administration or trade/industry, e.g. financial services etc.

Balance of power

Areas of public administration or large, and to some extent small businesses, maybe seen to have a considerable advantage over the individual consumer, however, the Ombudsman can balance that power by being able to seek information and remedy for the "underdog" in an efficient, transparent and user friendly manner.

The Jersey Financial Services Commission is responsible for the regulation, supervision and development of the financial services industry in the Island; key features of this are:

1. reducing risk to the public of financial loss,
2. p ro tecting andenhancing the Island's reputation and integrity in commercialand financial matters, and
3. sa f eguarding the Island's best economic interests.

I believe this should include an Ombudsman Scheme, giving access to local and overseas individuals who may wish to seek cost effective remedy without a costly legal process. Examples of this would be mis-sold endowment policies, hidden charges and costs, linked insurance of other products. Jersey Financial Services Commission licences many businesses, however individuals cannot easily challenge their business practices.

Conclusion

A recommendation was contained in the "Edwards Report" (Published on 19th November 1998, "Review of Financial Regulation in the Crown Dependencies") which said that Jersey's Financial Services businesses should have a statutory Ombudsman scheme, "which will provide an efficient and cost-effective mechanism for the resolution of disputes between financial services businesses and their customers". The "Task Force" that was established in Jersey to respond to "Edwards" agreed with that recommendation and the Financial Services Commission was asked to consult with interested parties and to prepare law drafting instructions for which law drafting time was allocated to enable a scheme to be introduced as soon as possible.

An Ombudsman Working Party was set up by the Financial Services Commission with a brief to prepare law drafting instructions for a Financial Services Ombudsman Scheme. The Working Party included a good cross- section of the various strands of the finance industry and concluded its work in September 2002 and passed information to the Finance and Economics Committee for approval - nothing happened.

This amendment seeks to generate some positive activity for the benefit of the individual and the finance industry. There are no financial or manpower implications for the States arising from this amendment.