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Order Paper 25th October 2005

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STATES OF JERSEY ORDER PAPER

Tuesday 25th October 2005

  1. COMMUNICATIONS BYTHE BAILIFF
  2. TABLING OF SUBORDINATE LEGISLATION

(Explanatory note attached)

Termination  of  Pregnancy  (General  Provisions)  (Jersey)  Order R&O 110/2005. 2005.

Health and Social Services Committee.

Residential  Homes  (General  Provisions)  (Amendment  No.  12) R&O 111/2005. (Jersey) Order 2005.

Health and Social Services Committee.

Nursing Homes and Mental Nursing Homes (General Provisions) R&O 112/2005. (Amendment No.  13) (Jersey) Order 2005.

Health and Social Services Committee.

Road Racing (Karts) (Jersey) Order 2005. R&O 113/2005. Home Affairs Committee.

Motor  Vehicles  (Construction  and  Use)  (Amendment  No.  7) R&O 114/2005. (Jersey) Order 2005.

Home Affairs Committee.

Motor  Vehicle  Registration  (General  Provisions)  (Amendment R&O 115/2005. No.  14) (Jersey) Order 2005.

Home Affairs Committee.

Motor Traffic (Public Service Vehicles) (Fees) (Jersey) Order 2005. R&O 116/2005. Home Affairs Committee.

Motor Vehicles  (Driving  Licences)  (Amendment No.  4)  (Jersey) R&O 117/2005. Order 2004.

Home Affairs Committee.

Motor  Cars  (Driving  Instruction)  (Amendment  No.  16)  (Jersey) R&O 118/2005. Order 2005.

Home Affairs Committee.

Social Security (Earnings Limit) (Jersey) Order 2005. R&O 119/2005. Employment and Social Security Committee.

Road Traffic ( St. Helier ) (Amendment No. 18) (Jersey) Order 2005. R&O 120/2005. Environment and Public Services.

Road  Traffic  (Disabled  Persons)  (Parking)  (Amendment  No.3) R&O 121/2005. (Jersey) Order 2005.

Environment and Public Services Committee.

Road Traffic (Public Parking Places) (Amendment) (Jersey) Order R&O 122/2005. 2005.

Environment and Public Services Committee.

  1. MATTERS RELATING TO COMMITTEE MEMBERSHIP
  2. PRESENTATION OF PAPERS
  1. Papers for information

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

St. Mark's school: an integrated children's centre. R.C.81/2005. Education, Sport and Culture Committee.

Criminal Justice Policy (P.201/2005): comments. P.201/2005. Com. Finance and Economics Committee.

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

11th October 2005

Jersey Labour Market at June 2005. R.C.79/2005. Economic Development Committee.

18th October 2005

Reporting of ministerial decisions. R.C.80/2005. Policy and Resources Committee.

Speeding fines: allocation of funds to Parishes (P.156/2005) – P.156/2005. Com. comments – addendum. (2) Add. Home Affairs Committee.

  1. Notification of Standing Order decisions

6th October 2005

Decisions under delegated functions. Finance and Economics Committee.

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

Draft Electronic Communications (Amendment) (Jersey) Law 200-. P.253/2005. Economic Development Committee.

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

11th October 2005

Draft Law Revision (Miscellaneous Provisions) (Jersey) Law 200-. P.222/2005. Legislation Committee.

Draft  States  of  Jersey  (Modification  and  Transitional  Provisions) P.223/2005. (Jersey) Regulations 200-.

Privileges and Procedures Committee.

Draft States of Jersey Law 2005 (Appointed Day) (No.  2) Act 200-. P.224/2005. Privileges and Procedures Committee.

Draft Amendment (No.  1) of the Standing Orders of the States of P.225/2005. Jersey.

Privileges and Procedures Committee.

Draft  Public  Finances  (Transitional  Provisions – States  Trading P.226/2005. Operations No.  2) (Jersey) Regulations  200-.

Finance and Economics Committee.

Draft Data Protection (Jersey) Law 2005 (Appointed Day) Act 200-. P.227/2005. Finance and Economics Committee.

Draft  Data  Protection  (Corporate  Finance  Exemption)  (Jersey) P.228/2005. Regulations 200-.

Finance and Economics Committee.

Draft  Data  Protection  (Credit  Reference  Agency)  (Jersey) P.229/2005. Regulations

200-.

Finance and Economics Committee.

Draft Data Protection (Fair Processing) (Jersey) Regulations 200-. P.230/2005. Finance and Economics Committee.

Draft  Data  Protection  (International  Co-operation)  (Jersey) P.231/2005. Regulations 200-.

Finance and Economics Committee.

Draft Data Protection (Notification) (Jersey) Regulations 200-. P.232/2005. Finance and Economics Committee.

Draft Data Protection (Sensitive Personal Data) (Jersey) Regulations P.233/2005. 200-.

Finance and Economics Committee.

Draft  Data  Protection  (Subject  Access  Exemptions)  (Jersey) P.234/2005. Regulations 200-.

Finance and Economics Committee.

Draft  Data  Protection  (Subject  Access  Miscellaneous)  (Jersey) P.235/2005. Regulations 200-.

Finance and Economics Committee.

Draft  Data  Protection  (Subject  Access  Modification – Education) P.236/2005. (Jersey) Regulations 200-.

Finance and Economics Committee.

Draft  Data  Protection  (Subject  Access  Modification – Health) P.237/2005. (Jersey) Regulations 200-.

Finance and Economics Committee.

Draft Data Protection (Subject Access Modification – Social Work) P.238/2005. (Jersey) Regulations 200-.

Finance and Economics Committee.

Draft  Data  Protection  (Transfer  in  Substantial  Public  Interest) P.239/2005. (Jersey) Regulations 200-.

Finance and Economics Committee.

Draft Medicines (Amendment No.  2) (Jersey) Law 2005 (Appointed P.240/2005. Day) Act 200-.

Health and Social Services Committee.

18th October 2005

Draft Amendment (No. 1) of the Standing Orders of the States of P.225/2005. Amd. Jersey (P.225-2005): amendment.

Policy and Resources Committee.

Draft Extradition (Designated Territories No.  2) (Jersey) Regulations P.241/2005. 200-.

Policy and Resources Committee.

Draft Employment of States of Jersey Employees (Jersey) Law 2005 P.242/2005. (Appointed Day) Act 200-.

Policy and Resources Committee.

Draft Employment of States of Jersey Employees (Consequential, P.243/2005. Amendment, Repeal, Transitional and Savings Provisions) (Jersey)

Regulations 200-.

Policy and Resources Committee.

Draft Amendment (No.  2) of the Standing Orders of the States of P.244/2005. Jersey.

Senator S. Syvret.

Draft Amendment (No.  3) of the Standing Orders of the States of P.245/2005. Jersey.

Deputy G.C.L. Baudains of St. Clement .

Draft  Jersey  Overseas  Aid  Commission  (Jersey)  Law  2005 P.246/2005. (Appointed Day) Act 200-.

Overseas Aid Committee.

Draft Family Allowance (Jersey) Regulation 200-. P.247/2005. Employment and Social Security Committee.

Draft Health Insurance (Medical Benefit) (Jersey) Regulations 200-. P.248/2005. Employment and Social Security Committee.

Draft Amendment No.  30 to the Tariff of Harbour and Light Dues. P.249/2005. Harbours and Airport Committee.

Draft Harbours (Amendment No. 39) (Jersey) Regulations 200-. P.250/2005. Harbours and Airport Committee.

Draft Highways (Amendment No.  4) (Jersey) Law  200-. P.251/2005. Environment and Public Services Committee.

Draft Animal Welfare (Amendment) (Jersey) Law 200-. P.252/2005. Economic Development Committee.

  1. Papers for consideration by the States in Committee under Standing Order 38A
  1. STATEMENTS  AND  PROPOSITIONS  RELATING  TO THE ARRANGEMENT  OF  PUBLIC  BUSINESS  AT  THIS  OR  ANY SUBSEQUENT MEETING

In accordance with Standing Order 22(3), the President of the Finance and Economics Committee has instructed the Greffier of the States to withdraw the following matters set down for consideration at the present meeting, the Committee having lodged "au Greffe" revised projets on 11th October 2005 –

Draft Data Protection (Jersey) Law 2005 (Appointed Day) Act 200-. P.176/2005. Lodged: 6th September 2005.

Finance and Economics Committee.

Draft  Data  Protection  (Corporate  Finance  Exemption)  (Jersey) P.177/2005. Regulations

200-.

Lodged: 6th September 2005.

Finance and Economics Committee.

Draft  Data  Protection  (Credit  Reference  Agency)  (Jersey) P.178/2005. Regulations

200-.

Lodged: 6th September 2005.

Finance and Economics Committee.

Draft Data Protection (Fair Processing) (Jersey) Regulations 200-. P.179/2005. Lodged: 6th September 2005.

Finance and Economics Committee.

Draft  Data  Protection  (International  Co-operation)  (Jersey) P.180/2005. Regulations 200-.

Lodged: 6th September 2005.

Finance and Economics Committee.

Draft Data Protection (Notification) (Jersey) Regulations 200-. P.181/2005. Lodged: 6th September 2005.

Finance and Economics Committee.

Draft Data Protection (Sensitive Personal Data) (Jersey) Regulations P.182/2005. 200-.

Lodged: 6th September 2005.

Finance and Economics Committee.

Draft  Data  Protection  (Subject  Access  Exemptions)  (Jersey) P.183/2005. Regulations 200-.

Lodged: 6th September 2005.

Finance and Economics Committee.

Draft  Data  Protection  (Subject  Access  Miscellaneous)  (Jersey) P.184/2005. Regulations

200-.

Lodged: 6th September 2005.

Finance and Economics Committee.

Draft  Data  Protection  (Subject  Access  Modification – Education) P.185/2005. (Jersey) Regulations 200-.

Lodged: 6th September 2005.

Finance and Economics Committee.

Draft  Data  Protection  (Subject  Access  Modification – Health) P.186/2005. (Jersey) Regulations 200-.

Lodged: 6th September 2005.

Finance and Economics Committee.

Draft Data Protection (Subject Access Modification – Social Work) P.187/2005. (Jersey) Regulations 200-.

Lodged: 6th September 2005.

Finance and Economics Committee.

Draft  Data  Protection  (Transfer  in  Substantial  Public  Interest) P.188/2005. (Jersey) Regulations 200-.

Lodged: 6th September 2005.

Finance and Economics Committee.

In  accordance  with  Standing  Order  22(3),  the  President  of  the  of  the  Economic Development  Committee  has  instructed  the  Greffier  of  the  States  to  withdraw  the following matter, the Committee having lodged "au Greffe" a revised projet on 18th October 2005 –

Draft Animal Welfare (Amendment) (Jersey) Law 200-. P.121/2005. Lodged: 21st June 2005.

Economic Development Committee.

Draft  Animal  Welfare  (Amendment)  (Jersey)  Law  200- P.121/2005. Com. (P.121/2005): comments.

Presented: 19th July 2005.

Finance and Economics Committee.

In accordance with Standing Order 22(3), Senator R.J. Shenton has instructed the Greffier of the States to withdraw the following matter set down for consideration at the present meeting –

Development of Fostering and Adoption Services in Jersey. P.166/2005. Lodged: 23rd August 2005.

Senator R.J. Shenton.

Development  of  Fostering  and  Adoption  Services  in  Jersey P.166/2005. Com. (P.166/2005): comments.

Presented: 27th September 2005.

Finance and Economics Committee.

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

Draft Data Protection (Jersey) Law 2005 (Appointed Day) Act 200-. P.227/2005. Lodged: 11th October 2005.

Finance and Economics Committee.

Draft  Data  Protection  (Corporate  Finance  Exemption)  (Jersey) P.228/2005. Regulations 200-.

Lodged: 11th October 2005.

Finance and Economics Committee.

Draft  Data  Protection  (Credit  Reference  Agency)  (Jersey) P.229/2005. Regulations

200-.

Lodged: 11th October 2005.

Finance and Economics Committee.

Draft Data Protection (Fair Processing) (Jersey) Regulations 200-. P.230/2005. Lodged: 11th October 2005.

Finance and Economics Committee.

Draft  Data  Protection  (International  Co-operation)  (Jersey) P.231/2005. Regulations 200-.

Lodged: 11th October 2005.

Finance and Economics Committee.

Draft Data Protection (Notification) (Jersey) Regulations 200-. P.232/2005. Lodged: 11th October 2005.

Finance and Economics Committee.

Draft Data Protection (Sensitive Personal Data) (Jersey) Regulations P.233/2005. 200-.

Lodged: 11th October 2005.

Finance and Economics Committee.

Draft  Data  Protection  (Subject  Access  Exemptions)  (Jersey) P.234/2005. Regulations 200-.

Lodged: 11th October 2005.

Finance and Economics Committee.

Draft  Data  Protection  (Subject  Access  Miscellaneous)  (Jersey) P.235/2005. Regulations 200-.

Lodged: 11th October 2005.

Finance and Economics Committee.

Draft  Data  Protection  (Subject  Access  Modification – Education) P.236/2005. (Jersey) Regulations 200-.

Lodged: 11th October 2005.

Finance and Economics Committee.

Draft  Data  Protection  (Subject  Access  Modification – Health) P.237/2005. (Jersey) Regulations 200-.

Lodged: 11th October 2005.

Finance and Economics Committee.

Draft Data Protection (Subject Access Modification – Social Work) P.238/2005. (Jersey) Regulations 200-.

Lodged: 11th October 2005.

Draft Data Protection (Transfer in Substantial Public Interest) P.239/2005. (Jersey) Regulations 200-.

Lodged: 11th October 2005.

Finance and Economics Committee.

THE  STATES  are  asked  to  agree  that  the  following  matters  lodged "au  Greffe" be considered at their next meeting on 1st November 2005 –

Draft Policing of Parks (Jersey) Regulations 200-. P.43/2005. Lodged: 8th March 2005.

Environment and Public Services Committee.

Speeding fines: allocation of funds to Parishes. P.156/2005. Lodged: 20th July 2005.

Deputy of St. Martin.

Speeding fines: allocation of funds to Parishes (P.156/2005) – P.156/2005. Com. comments.

Presented: 27th September 2005.

Finance and Economics Committee.

Speeding fines: allocation of funds to Parishes (P.156/2005) – P.156/2005. Com. comments. (2) Presented: 27th September 2005.

Home Affairs Committee.

Speeding fines: allocation of funds to Parishes (P.156/2005) – P.156/2005. Com. comments – addendum. (2) Add. Presented: 18th October 2005.

Home Affairs Committee.

Draft Sexual Offences (Jersey) Law 200-. P.196/2005. Lodged: 13th September 2005.

Home Affairs Committee.

Housing Trading Organisation: establishment. P.211/2005 Lodged: 27th September 2005.

Housing Committee.

Development of Fostering and Adoption Services in Jersey. P.219/2005. Lodged: 5th October 2005.

Senator P.V.F. Le Claire.

Draft Law Revision (Miscellaneous Provisions) (Jersey) Law 200-. P.222/2005. Lodged: 11th October 2005.

Legislation Committee.

Draft States of Jersey (Modification and Transitional Provisions) P.223/2005. (Jersey) Regulations 200-.

Lodged: 11th October 2005.

Privileges and Procedures Committee.

Draft States of Jersey Law 2005 (Appointed Day) (No.  2) Act 200-. P.224/2005. Lodged: 11th October 2005.

Privileges and Procedures Committee.

Draft Amendment (No.  1) of the Standing Orders of the States of P.225/2005. Jersey.

Lodged: 11th October 2005.

Privileges and Procedures Committee.

Draft Amendment (No. 1) of the Standing Orders of the States of P.225/2005. Amd. Jersey (P.225-2005): amendment.

Lodged: 18th October 2005.

Policy and Resources Committee.

Draft Public Finances (Transitional Provisions – States Trading P.226/2005. Operations No.  2) (Jersey) Regulations  200-.

Lodged: 11th October 2005.

Finance and Economics Committee.

Draft Medicines (Amendment No.  2) (Jersey) Law 2005 (Appointed P.240/2005. Day) Act 200-.

Lodged: 11th October 2005.

Health and Social Services Committee.

Draft Extradition (Designated Territories No.  2) (Jersey) Regulations P.241/2005. 200-.

Lodged: 18th October 2005.

Policy and Resources Committee.

Draft Employment of States of Jersey Employees (Jersey) Law 2005 P.242/2005. (Appointed Day) Act 200-.

Lodged: 18th October 2005.

Policy and Resources Committee.

Draft Employment of States of Jersey Employees (Consequential, P.243/2005. Amendment, Repeal, Transitional and Savings Provisions) (Jersey)

Regulations 200-.

Lodged: 18th October 2005.

Policy and Resources Committee.

Draft Amendment (No.  2) of the Standing Orders of the States of P.244/2005. Jersey.

Lodged: 18th October 2005.

Senator S. Syvret.

Draft Amendment (No.  3) of the Standing Orders of the States of P.245/2005. Jersey.

Lodged: 18th October 2005.

Deputy G.C.L. Baudains of St. Clement .

Draft Jersey Overseas Aid Commission (Jersey) Law 2005 P.246/2005. (Appointed Day) Act 200-.

Lodged: 18th October 2005.

Overseas Aid Committee.

Draft Family Allowance (Jersey) Regulation 200-. P.247/2005. Lodged: 18th October 2005.

Employment and Social Security Committee.

Draft Health Insurance (Medical Benefit) (Jersey) Regulations 200-. P.248/2005. Lodged: 18th October 2005.

Employment and Social Security Committee.

Draft Amendment No.  30 to the Tariff of Harbour and Light Dues. P.249/2005. Lodged: 18th October 2005.

Harbours and Airport Committee.

Draft Harbours (Amendment No. 39) (Jersey) Regulations 200-. P.250/2005. Lodged: 18th October 2005.

Harbours and Airport Committee.

Draft Highways (Amendment No.  4) (Jersey) Law  200-. P.251/2005. Lodged: 18th October 2005.

Environment and Public Services Committee.

Draft Animal Welfare (Amendment) (Jersey) Law 200-. P.252/2005 Lodged: 18th October 2005.

Economic Development Committee.

  1. PRESENTATION OF PETITIONS
  2. QUESTIONS
  1. Written Questions

The President of the Health and Social Services Committee will table an answer to a question asked by Deputy T.J. Le Main of St. Helier regarding the development of a private hospital.

The President of the Home Affairs Committee will table an answer to a question asked by Senator P.V.F. Le Claire regarding the installation of CCTV cameras in Colomberie.

The President of the Environment and Public Services Committee will table an answer to a question asked by the Deputy of St. John regarding safety barriers at Les Charrières.

The President of the Policy and Resources Committee will table an answer to a question asked by the Deputy of St. John regarding the post of Emergency Planning Officer.

  1. Oral Questions
  1. MATTERS OF PRIVILEGE
  2. PERSONAL STATEMENTS
  3. COMMITTEE STATEMENTS

The President of the Education, Sport and Culture Committee will make a statement regarding R.C. 81/2005 - St. Mark's school: an integrated children's centre.

  1. PUBLIC BUSINESS

Strategic Travel and Transport Plan. P.174/2005. Lodged: 30th August 2005.

Environment and Public Services Committee.

Strategic Travel and Transport Plan (P.174/2005): comments. P.174/2005. Presented: 27th September 2005. Com. Finance and Economics Committee.

Strategic Travel and Transport Plan (P.174/2005): amendment. P.174/2005. Lodged: 13th September 2005. Amd. Deputy R.G. Le Hérissier of St. Saviour .

Strategic Travel and Transport Plan (P.174/2005): amendment P.174/2005. (P.174/2005 Amd.) – comments. Amd.Com. Presented: 27th September 2005.

Environment and Public Services Committee.

Strategic Travel and Transport Plan (P.174/2005): second P.174/2005. Amd. amendment. (2) Lodged: 20th September 2005.

Deputy M.F. Dubras of St. Lawrence.

Strategic Travel and Transport Plan (P.174/2005): second P.174/2005. Amd. amendment (P.174/2005  Amd.(2)) – comments. (2)Com. Presented: 27th September 2005.

Environment and Public Services Committee.

Draft Bankruptcy (Désastre) (Amendment No.  5) (Jersey) Law 200-. P.172/2005. Lodged: 30th August 2005.

Economic Development Committee.

Scrutiny Panels: rescindment of decisions. P.136/2005. Lodged: 28th June 2005.

Deputy G.C.L. Baudains of St. Clement .

St. Helier Waterfront Development: directions to W.E.B. Ltd. P.159/2005. Lodged: 2nd August 2005.

Senator R.J. Shenton.

(continued from 21st September 2005)

St.  Helier  Waterfront  Development:  directions  to  W.E.B.  Ltd. P.159/2005. (P.159/2005) – comments. Com. Presented: 6th September 2005.

Policy and Resources Committee.

(continued from 21st September 2005)

Draft Terrorism (Amendment) (Jersey) Law 200-. P.160/2005. Lodged: 9th August 2005.

Home Affairs Committee.

La Récolte des Fruits, St.  Martin: removal of agricultural occupancy P.191/2005. restriction.

Lodged: 6th September 2005.

Senator R.J. Shenton.

La Récolte des Fruits, St. Martin : removal of agricultural occupancy P.191/2005. restriction (P.191/2005) – comments. Com. Presented: 27th September 2005.

Environment and Public Services Committee.

Driver and Vehicle Standards: proposed transfer to transport and P.194/2005. technical services.

Lodged: 6th September 2005.

Policy and Resources Committee.

Draft Corruption (Jersey) Law 200-. P.198/2005. Lodged: 20th September 2005.

Home Affairs Committee.

Meetings of the States in 2006. P.199/2005. Lodged: 20th September 2005.

Privileges and Procedures Committee.

Meetings of the States in 2006 (P.199/2005): amendment. P.199/2005. Lodged: 20th September 2005. Amd. Deputy of St. Martin.

Jersey Police Complaints Authority: appointment of member. P.200/2005. Lodged: 20th September 2005. (re-issue) Home Affairs Committee.

Criminal Justice Policy. P.201/2005. Lodged: 20th September 2005.

Home Affairs Committee.

Criminal Justice Policy (P.201/2005): comments. P.201/2005. Com. Presented: 25th October 2005.

Finance and Economics Committee.

Draft Public Finances (Consequential Amendments) (Jersey) P.203/2005. Regulations 200-.

Lodged: 27th September 2005.

Finance and Economics Committee.

Greville Bathe Fund: appointment of trustees. P.204/2005. Lodged: 27th September 2005.

Finance and Economics Committee.

Draft Water Resources (Jersey) Law 200-. P.206/2005. Lodged: 27th September 2005.

Environment and Public Services Committee.

Draft Water Resources (Jersey) Law 200- (P.206/2005): P.206/2005. Amd. amendments.

Deputy P.N. Troy of St. Brelade.

(attached)

Draft Water Resources (Jersey) Law 200- (P.206/2005): second P.206/2005. Amd. amendments. (2) Deputy R.C. Duhamel of St. Saviour.

(attached)

Draft Public Finances (Jersey) Law 2005 (Appointed Day No.  2) Act P.207/2005. 200-.

Lodged: 27th September 2005.

Finance and Economics Committee.

Draft Public Finances (Transitional Provisions No.  1) (Jersey) P.208/2005. Regulations 200-.

Lodged: 27th September 2005.

Finance and Economics Committee.

Draft Public Finances (Transitional Provisions No.  2) (Jersey) P.209/2005. Regulations 200-.

Lodged: 27th September 2005.

Finance and Economics Committee.

Draft Public Finances (Transitional Provisions – States Trading P.210/2005. Operations) (Jersey) Regulations 200-.

Lodged: 27th September 2005.

Finance and Economics Committee.

Draft Housing (Amendment No.  12) (Jersey) Law 200-. P.212/2005. Lodged: 4th October 2005.

Housing Committee.

St. Helier Waterfront Telephone Poll: Committee of Inquiry – P.213/2005. appointment of President.

Lodged: 4th October 2005.

Deputy G.C.L. Baudains of St. Clement .

Draft States of Jersey (Transfer of Functions from Committees to P.215/2005. Ministers) (Amendment) (Jersey) Regulations 200-.

Lodged: 4th October 2005.

Policy and Resources Committee.

Draft States of Jersey (Amendments and Construction Provisions P.216/2005. No.  3) (Jersey) Regulations 200-.

Lodged: 4th October 2005.

Policy and Resources Committee.

Draft States of Jersey (Amendments and Construction Provisions P.217/2005. No.  12) (Jersey) Regulations 200-.

Lodged: 4th October 2005.

Policy and Resources Committee.

Subject to E –

Draft Data Protection (Jersey) Law 2005 (Appointed Day) Act P.227/2005. 200-.

Lodged: 11th October 2005.

Finance and Economics Committee.

Draft Data Protection (Corporate Finance Exemption) (Jersey) P.228/2005. Regulations 200-.

Lodged: 11th October 2005.

Finance and Economics Committee.

Draft Data Protection (Credit Reference Agency) (Jersey) P.229/2005. Regulations 200-.

Lodged: 11th October 2005.

Finance and Economics Committee.

Draft Data Protection (Fair Processing) (Jersey) Regulations P.230/2005. 200-.

Lodged: 11th October 2005.

Finance and Economics Committee.

Draft Data Protection (International Co-operation) (Jersey) P.231/2005. Regulations 200-.

Lodged: 11th October 2005.

Finance and Economics Committee.

Draft Data Protection (Notification) (Jersey) Regulations 200-. P.232/2005. Lodged: 11th October 2005.

Finance and Economics Committee.

Draft Data Protection (Sensitive Personal Data) (Jersey) Regulations 200-.

Lodged: 11th October 2005.

Finance and Economics Committee.

Draft Data Protection (Subject Access Exemptions) (Jersey) Regulations 200-.

Lodged: 11th October 2005.

Finance and Economics Committee.

Draft Data Protection (Subject Access Miscellaneous) (Jersey) Regulations 200-.

Lodged: 11th October 2005.

Finance and Economics Committee.

Draft Data Protection (Subject Access Modification – Education) (Jersey) Regulations 200-.

Lodged: 11th October 2005.

Finance and Economics Committee.

Draft Data Protection (Subject Access Modification – Health) (Jersey) Regulations 200-.

Lodged: 11th October 2005.

Finance and Economics Committee.

Draft Data Protection (Subject Access Modification – Social Work) (Jersey) Regulations 200-.

Lodged: 11th October 2005.

Finance and Economics Committee.

Draft Data Protection (Transfer in Substantial Public Interest) (Jersey) Regulations 200-.

Lodged: 11th October 2005.

Finance and Economics Committee.


P.233/2005. P.234/2005. P.235/2005. P.236/2005. P.237/2005. P.238/2005. P.239/2005.

M.N. DE LA HAYE Greffier of the States

20th October 2005 Note –

In accordance with a decision of the States on 16th November 2004, this meeting will continue, if necessary, on Wednesday 26th October 2005.

Members' attention is also drawn to the suggestion made on 6th October 2005, by Senator J.A. Le Maistre that the States may need to meet on Thursday 27th October 2005, if necessary.

Explanatory Note regarding subordinate legislation tabled at this meeting.

R&O 110/2005

This Order replaces the Termination of Pregnancy (General Provisions) (Jersey) Order 1997. It re-enacts the provisions of the 1997 Order regarding the time when a certificate of opinion must be given under the Termination of Pregnancy (Jersey) Law 1997 and the keeping of such certificates and regarding the giving of notice of a termination to the Medical Officer of Health. However it simplifies the arrangements for record keeping and the provision of information, in that certificates and forms are no longer prescribed within the Order. Instead, practitioners are merely required to use certificates and forms printed and published by the Committee for the purpose.

The Order was made on 7th October 2005, and comes into force, apart from Article  5, on 14th October 2005. Article  5 comes into force on the same day as Article  42(3) of the States of Jersey Law 2005.

R&O 111/2005

The Order increases –

  1. th e application fee payable by a person who is, or is intended to be,in charge of a residential home from £62 to£63.50;
  2. th e application fee payableby a person carryingon a residential home from £146 to £149.75;and
  3. th e annual fee payable by the person registered in respect of the residential home from £74.50 to £76.50. The feeshaveincreasedby2.5 % and werelastincreased on 1st January 2005.

The Order was made on 7th October 2005, and comes into force on 1st January 2006.

R&O 112/2005

This Order increases –

  1. fr o m £62 to £63.50 the fee for the first registration of the carrying on by a person of a mentalnursing home;
  2. fr o m £146 to £149.75 the annual renewal fee for the carryingonof a mental nursing home; and
  3. fr o m £74.50 to £76.50 the registration fee for a person in chargeof a mentalnursinghomewho is not carrying on the home.

The fees have increased by 2.5% and were last increased on 1st January 2005.

The Order was made on 7th October 2005, and comes into force on 1st January 2006.

R&O 113/2005

The purpose of this Order is to allow the Jersey Kart and Motor Club to close the Ronez road loop in St. John, between 9.30 a.m. and 2.30 p.m., on each of the Sundays specified in the Schedule to the Order, for the purpose of holding motor races (and practices for them) with karts.

This Order was made on 12th October 2005, and came into force on the day it was made.

This Order increases by 2.5% the fees required to accompany an application for a licence authorizing the use of a vehicle that does not comply with orders under Article  77 of the Road Traffic (Jersey) Law 1956. The amounts were last increased on 1st January 2005.

The Order was made on 12th October 2005, and shall come into effect on 1st January 2006. R&O 115/2005

This Order increases the fees payable for registration of various motor vehicles by 2.5%, and makes some other minor amendments to the Motor Vehicle Registration (General Provisions) (Jersey) Order 1993. The amounts were last increased on 1st January 2005.

The Order was made on 12th October 2005, and shall come into effect on 1st January 2006. R&O 116/2005

This Order increases, on average by approximately 2.44 per cent, the fees that are payable under the Motor Traffic (Jersey) Law 1935 in respect of public service vehicles.

The fees were last increased on 1st January 2005. The new fees will be payable on and after 1st January 2006. The Order was made on 12th October 2005, and comes into force on 1st January 2006.

R&O 117/2005

This Order amends the Motor Vehicles (Driving Licences) (Jersey) Order 2003 by increasing the fees payable for various tests. The fee for the compulsory basic training course, which has not increased since 1998, has risen by 6.25%. All other fees, which were last increased in 2004, have been increased by 2.5%.

This Order also –

  1. a m endsthe2003Orderto add various places to the listof countries or territories whose licences or permits areaccepted in Jersey andto omit Luxembourg from that list;
  2. re m oves the ability for a persontoapplyto take a theoryor practical testby indicating details ofhisor her licence orpermit from another jurisdiction - instead he or shemayonlyapplybyproviding the licence or permit itself; and
  3. a m ends the form relating tocompulsorybasic training formotorcyclesby removing the specification of the date onwhich the test was successfully completed and some otiose wording.

The amendments set out in paragraphs (a), (b) and (c) above come into force 7 days after this Order is made. The fee increases shall come into force on 1st January 2006.

The Order was made on 12th October 2005, and comes into force on 1st January 2006.

This Order increases from £71.10 to £72.85 the fee for applying to take the written part or the practical part of the examination for registration as a driving instructor for motor cars.

The Order also increases from £141.25 to £144.75 the fee for applying for the entry of a person's name in the register of driving instructors or the retention of a person's name in that register for a further 4 years.

The fees, which were last altered on 1st January 2005, will apply from 1st January 2006. They reflect an increase of approximately 2.47 per cent.

The Order was made on 12th October 2005, and comes into force on 1st January 2006. R&O 119/2005

This Order increases, from £2,980 to £3,138, the earnings limit above which a Class 1 insured person's earnings are to be disregarded in calculating the Class 1 contribution that is payable.

The increase takes effect on 1st January 2006. The Order was made on 13th October 2005.

R&O 120/2005

The draft Order makes various changes to the Road Traffic (St. Helier) (Jersey) Order 1996. Most of the provisions make permanent those changes that were introduced recently by way of temporary orders under Article 68 of the Road Traffic (Jersey) Law 1956. The Order also inserts a new Article 27A into the Order to enable, if the Connétable so permits, vehicles used for business purposes by staff of the Good Companions Club to be parked in the mini-bus parking space used by the club in Journeaux Street. The Order shall come into force 14 days after it is made.

The Order was made on 13th October 2005, and comes into force on 27th October 2005. R&O121/2005

This Order amends the Road Traffic (Disabled Persons Parking) (Jersey) Order 2002 by adding various streets in St. Helier to the list of streets in which parking of a vehicle is restricted to a maximum of 4 hours. The Order shall come into force 14 days after it is made.

The Order was made on 13th October 2005, and comes into force on 27th October 2005. R&O 122/2005

The object of this Order is to update a number of descriptions of parking places in the Road Traffic (Public Parking Places) (Jersey) Order  2004 as well as to revise some expressions in that Order.

The Order was made on 13th October 2005, and came into force on 20th October 2005.

NOTIFICATION OF STANDING ORDER DECISIONS - FINANCE AND ECONOMICS COMMITTEE

(delegated functions)

6th October 2005

  1. as recommended by the Environment and Public Services Committee, the assignment to Mr. Nicholas Maxwell Thurman (to continue trading as a Delicatessen) by Mr. David Pipon, acting on behalf of St. Helier Food and Wine Company Limited, of the premises at Nos.  9-10 Beresford Market, St. Helier, with Mr. Nicholas  Maxwell  Thurman  acting  as  guarantor  to  the  lessee  company.  The  terms  of  the  lease  were otherwise unaffected and the assignment would take effect upon the signing of the relevant documentation;
  2. as recommended by the Education, Sport and Culture Committee, the lease from the Tenants de la Commune de  la  Moie  and  H.M.  Receiver  General,  on  behalf  of  the  Home  Office,  an  area  of  land  measuring
    1. vergées to the northofLaMoye School, St. Brelade, for a period of 21 years deemedtocommence at the passing ofthe contracts, to allow the public to construct a sports facility for the use byLaMoyeSchool and other authorised schools, sports clubs and societies, at a commencingannual rent of £1,250, subject to review everythreeyears in line with the Jersey retail Price Index,onthe basis that the lessee was permitted to construct and thereafter maintain the facilities requiredby the school. Thepublic would beresponsible for the reasonablelegalfeesof the Lessor, to be capped at £3,000 in relation to this transaction; and,
  3. as recommended by the Environment and Public Services Committee, the addendum to the lease from Mr. Neville Francis Le Boutillier of Nos.  24, 26 and 28 Bath Street, St. Helier (measuring 2,547  square feet), fo occupation by departments under the administration of the Economic Development Committee for a period of nine years from 1st March 2003, at a current passing annual rent of £40,000, so as to defer the lease break option from 1st March 2006, to 1st March 2009, with 6 months notice to be given on or before 1st September 2008, on the basis that each party would be responsible for its own legal costs arising from this transaction, and that no other lease terms were being altered.

WRITTEN QUESTION PAPER (See Item G)

The President of the Health and Social Services Committee will table answers to the following questions asked by Deputy T.J. Le Main of St. Helier -

" 1 . The Committee acknowledges that no approach was made to it by the developers of the private hospital for any kind of funding, yet the President, on 15th March 2005, informed the States that the scheme would require a very, very substantial amount of public money', and reference to the word subsidy' has been used in answer to questions on more than one occasion. Can the President inform members whether the developers themselves have ever suggested or expected any subsidy, either for capital expenditure or operating costs?

2 . W ould the President inform members how his earlier claim of a lack of benefits arising from the

proposed scheme reconciles with the 19 benefits listed in the Price WaterhouseCoopers (PWC) report on the proposed scheme?

3 . Would the President inform members what services, if any, the Committee considered that the

developers of the private hospital expected free of charge' and which were not already provided free of charge, and whether there would be any incremental cost to the taxpayer?

4 . W ould the President acknowledge that the cost of stand-by time' already exists aside from the proposed

development of the private hospital?

5 . D oes the President accept that any risks associated with the development of the private hospital remain

with the developers and investors of the scheme notwithstanding the PWC report suggesting a shared services' approach and, if not, the reasons why?

6 . W ould the President inform the Assembly if he received an approach from PWC to be interviewed, and,

if so, how did the President respond to that approach?"

The President of the Home Affairs Committee will table an answer to the following question asked by Senator P.V.F. Le Claire –

"Would the President advise members whether the Committee will undertake to install CCTV cameras in Colomberie where a number of residents and traders have complained about anti social behaviour for many years?"

The President of the Environment and Public Services Committee will table an answer to the following question asked by the Deputy of St. John –

"Many months ago the Committee placed red and white safety barriers on the bends at Les Charrières de Bonne Nuit. Would the President advise members what action is being taken, if any, to review this matter and, if applicable, when residents can expect to see them removed?"

The President of the Policy Resources Committee will table an answer to the following question asked by the Deputy of St. John –

"Would the President, in his capacity as Vice-Chairman of the Emergencies Council, advise members at what grade the Emergency Planning Officer is employed, give full details of the job description and to whom this officer reports?"

DRAFT WATER RESOURCES (JERSEY) LAW 200-(P.206/2005): AMENDMENTS

____________

PAGE 28, ARTICLE 12(1)(a) –

F o r t he figure "3" substitute the figures "20". PAGE 28, ARTICLE 12(1)(b) –

F o r t he figure "3" substitute the figures "20". PAGE 28, ARTICLE 12(1)(c) –

F o r t he figure "3" substitute the figures "20". PAGE 53, SCHEDULE 4, paragraph 4(1)(a) –

F o r t he figure "3" substitute the figures "20". PAGE 53, SCHEDULE 4, paragraph 4(1)(b) –

F o r t he figure "3" substitute the figures "20". PAGE 53, SCHEDULE 4, paragraph 4(1)(c) –

F o r t he figure "3" substitute the figures "20".

DEPUTY P.N. TROY OF ST. BRELADE

P.206/2005. Amd

REPORT

This amendment is lodged on a blue because of the ridiculously short period of time available to members in which to bring amendments to the draft Law which was lodged on 27th September 2005. In my opinion this legislation should be held over until the new assembly sits in 2006 when a new membership exists. To bring major legislation just before an election is not helpful to Members and deprives "new members" successful in the elections from considering major legislation. I will ask for the debate to be delayed as the current schedule is overburdened with items such as this which could easily be considered in the New Year.

Article 11 states that –

"A person shall not cause or knowingly permit –

  1. t heabstracting of water from a source ofsupply;or
  2. t heimpoundingofwaterin a sourceof supply,

unless he or she is acting in accordance with a water resources licence.". And Article 12 describes the exceptions to Article 11.

My  amendment  addresses  the  exception  12.  1(b)  relating  to  the  abstraction  of  ground  water  which  would predominantly  be  via  boreholes  on  private  land.  The  setting  of  the  de-minimus  at  3  cubic  metres  is  an exceptionally low expectation and will basically require the registration of the majority of boreholes used for irrigation purposes, even if irrigation is for non-commercial use.

The U.K. Water Act 2003 sets the minimum registration for abstraction at 20 cubic metres, which is sensible, in that what is considered small levels of abstraction (20 cubic metres) are exempt. I maintain that the Environment and Public Services Committee are setting the exemption at a level which is too onerous on private users who own and have paid for their own boreholes with which to extract water from within the aqua of their own land. The  Environment  and  Public  Services  Committee's  level  chosen  is  inconsistent  with  what  is  considered acceptable in the U.K. which in my opinion is more reasonable if one wishes to register heavy users of water or commercial users Why is our minimum level set at in excess of 6 times lower than the U.K. minimum?.

The setting of the de-minimus at 3 cubic metres will create a bureaucratic utopia contrary to the initiatives of the Policy  and  Resources  Committee  which  requested  departments  to  remove  red  tape.  The  introduction  of registration and registration fees and controls at low consumption levels are unnecessary and undesirable.

3 cubic metres is the daily amount of water required to sufficiently irrigate a garden/lawn/planted area of 1,000 square feet e.g. 30 feet x 33.33 feet (source: local irrigation company). To register and implement controls on consumption  at  this  level  is  highly  restrictive  and  totally  unnecessary  in  my  opinion  especially  when  one considers the comments of the Chairman of Jersey New Waterworks Company below.

Chairman's Comments - from Annual Report Jersey New Waterworks Co Ltd 2004

"Reservoir water levels for the whole of 2004 remained above the 10 year average level obviating the need to operate the desalination plant"

"Overall consumption has now remained static for the last 6 years"

WATER CONSUMPTION JERSEY 1995 - 2004

 

Units

 

1995

1996

1997

1998

1999

2000

2001

2002

2003

200

ML*

Total water supplied

6,622

6,834

6,994

7,229

7,269

7,262

7,317

7,207

7,301

7,30

ML

Maximum Days Demand

26.9

10th Aug

27.0 21st July

25.7 20th Aug

27.6 9th Aug

29.7 29th July

27.0 20th July

29.4 25th June

26.0 28th July

28.4 13th July

26.5 13th Jun

ML

Maximum Months Demand

709.7 Aug

728.2 July

705.3 Aug

756.8 Aug

794.1 July

721.7 July

733.1 June

702.5 July

725.9 July

682 July

*ML = Megalitres Source: JNWW Co Ltd

Typical Monthly Percentage Comparison of Landscape Water Need Using July as Basis

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 0 0 5 30 60 90 100 90 60 30 5 0

Source: United States Environment Protection Agency – Office of water July 2003

For consistency of approach, my amendments also increase from 3 to 20 cubic metres the other small quantity dispensations contained in the draft Law.

Financial and Manpower statement

In the event that a licence fee is charged, a smaller number of licences issued because of the increased exemption limit will result in less income and a consequential  reduction in the manpower required to issue licences. Annual monitoring requirements will also be reduced due to reduced number of licencees.

DRAFT WATER RESOURCES ((JERSEY) LAW 200-(P.206/2005): SECOND AMENDMENTS

____________

PAGE 28, ARTICLE 12 –

I n p a ragraph (1)(b), delete the words ", if the abstracting of the water is registered in the prescribed

manner ".

In p a ragraph (1)(c), delete the words ", and the abstracting of the water is registered in the prescribed

manner".

In p a ragraph (3)(a), for the words "any of sub-paragraphs (b), (c) or (d) of paragraph (1)" substitute the

words "paragraph (1)(d)".

DEPUTY R.C. DUHAMEL OF ST. SAVIOUR

P.206/2005. Amd.(2)

REPORT

There is a proposed exemption from the requirement to procure an abstraction licence for users of small quantities of groundwater who abstract less than a specific volume in a period of 24 hours. This exemption can only be applied if the user registers with the regulatory authority and agrees to provide such information as the regulator prescribes.

As the majority of the 5000 or so boreholes are domestic users who abstract at a rate below the suggested licence limit and therefore would not otherwise require a licence, the inclusion of these users on a register would appear to be an introduction of red tape in contradiction to the States Strategic Plan (Strategic Aim 1.3.1 which seeks "to reduce unnecessary regulation and bureaucracy in the Island").

Financial and manpower implications

The amendment removes the requirement for these small users to register. The Committee has not quantified the administrative cost of registration, however the effect of the amendment will be to reduce the administrative burden.

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