Supplementary Order Paper 19th April 2005

STATES OF JERSEY ORDER PAPER

Tuesday 19th April 2005 SUPPLEMENTARY

B. TABLING OF SUBORDINATE LEGISLATION

(Explanatory note attached)

Court of Appeal (Remuneration of Ordinary Judges) (Jersey) Order R&O 26/2005. 2005.

Finance and Economics Committee.

Royal Court (Remuneration of Commissioners) (Jersey) Order 2005. R&O 27/2005. Finance and Economics Committee.

Competition (Mergers and Acquisitions) (Jersey) Order 2005. R&O 28/2005. Economic Development Committee.

Royal Court (Competition) Rules 2005. R&O 29/2005. Superior Number of the Royal Court.

4. PRESENTATION OF PAPERS

(a) Papers for information

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

Public and private sector construction workflow projections. R.C.23/2005. Economic Development Committee.

Equalisation of Welfare (P.57/2004): comments. P.57/2004. Com. Finance and Economics Committee. (3)

Land in St.  Lawrence near Tesson Mill and Field  621, St.  Brelade: P.33/2005. Com. rezoning (P.33/2005) – comments.

Environment and Public Services Committee.

Land in St.  Lawrence near Tesson Mill and Field  621, St.  Brelade: P.33/2005. Com. rezoning (P.33/2005) – additional comments. (2) Environment and Public Services Committee.

Economic Growth Plan (P.38/2005): comments. P.38/2005. Com. Policy and Resources Committee.

Economic Growth Plan (P.38/2005): comments. P.38/2005. Com. Finance and Economics Committee. (2)

Land in St. Clement: rezoning (P.40/2005) – comments. P.40/2005. Com. Environment and Public Services Committee.

Fiscal Strategy (P.44/2005): amendment (P.44/2005  Amd.) – P.44/2005. comments. Amd.Com. Finance and Economics Committee.

Draft Planning and Building (Amendment No.  2) (Jersey) Law 200- P.47/2005. (P.47/2005): amendments (P.47/2005) – comments. Amd.Com. Finance and Economics Committee.

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

Fiscal Strategy (P.44/2005): second amendment. P.44/2005. Senator S. Syvret. Amd.(2)

Island Plan 2002: changes to Built-up Area boundary. P.77/2005. Environment and Public Services Committee.

Draft Shops (Regulation of Opening and Deliveries) (Jersey) Law P.78/2005. 200-.

Legislation Committee.

Day Surgery Unit Extension and Accident and Emergency Extension P.79/2005. Phase  1: approval of drawings.

Health and Social Services Committee.

Draft Criminal Justice (Mandatory Minimum Periods of Actual P.80/2005. Imprisonment) (Jersey) Law 200-.

Home Affairs Committee.

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

The President of the Policy and Resources Committee has given notice that he will propose that the items of public business proposed for 10th May 2005, be considered in the following order –

Fiscal Strategy. P.44/2005. Lodged: 8th March 2005.

Finance and Economics Committee.

Fiscal Strategy (P.44/2005): amendment. P.44/2005. Lodged: 15th March 2005. Amd. Senator S. Syvret.

Fiscal Strategy (P.44/2005): second amendment. P.44/2005. Lodged: 19th April 2005. Amd.(2) Senator S. Syvret.

Draft Employment Relations (Jersey) Law 200-. P.19/2005. Lodged: 1st February 2005.

Employment and Social Security Committee.

Draft Employment Relations (Jersey) Law 200- (P.19/2005): P.19/2005. Com. comments.

Presented: 8th March 2005.

Finance and Economics Committee.

Draft Employment Relations (Jersey) Law 200- (P.19/2005): P.19/2005. amendments. Amd. Lodged: 1st March 2005.

Deputy G.P. Southern of St. Helier.

Draft Employment Relations (Jersey) Law 200- (P.19/2005): P.19/2005. amendments (P.19/2005  Amd.) – comments. Amd.Com. Presented: 15th March 2005.

Employment and Social Security Committee.

Machinery of Government: relationship between the Parishes and the P.66/2005. Executive.

Lodged: 22nd March 2005.

Policy and Resources Committee.

Machinery of Government: relationship between the Parishes and the P.66/2005. Executive (P.66/2005) – amendment. Amd. Lodged: 5th April 2005.

Connétable of St. Helier.

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

Environment and Public Services Committee.

9. PERSONAL STATEMENTS

Senator E.P. Vibert will make a personal statement regarding his websites.

10. COMMITTEESTATEMENTS

Deputy R.C. Duhamel of St. Saviour, one of the Chairmen of the Shadow Scrutiny Panels, will make a statement regarding scrutiny of the proposed Goods and Services Tax.

M.N. DE LA HAYE Greffier of the States

18th April 2005.

Explanatory Note regarding subordinate legislation tabled at this meeting.

R&O 26/2005

The effect of this Order is to increase from £686 to £706 per day (i.e. by 2.9%), with effect from 1st April 2005, the remuneration of ordinary judges of the Court of Appeal for actual sittings of the Court.

The Order was made by the Finance and Economics Committee on 14th April 2005. R&O 27/2005

The effect of this Order is to increase from £686 to £706 per day (i.e. by 2.9%), with effect from 1st April 2005, the remuneration of Commissioners of the Royal Court for actual sittings of the Court.

The Order was made by the Finance and Economics Committee on 14th April 2005, after consultation with the Bailiff .

R&O 28/2005

This Order prescribes the types of mergers and acquisitions that must not be executed except with and in accordance with the approval of the Jersey Competition Regulatory Authority.

The Order was made on 14th April 2005, and comes into force on 1st May 2005. R&O 29/2005

1. T h e Competition (Jersey) Law200- ("the Law") prohibits an undertaking from entering into arrangements with anotherorotherundertakingswhichhave the object or effect ofhinderingtoanappreciable extent competition in thesupplyof goods or services in Jersey (anti-competitive arrangements), from abusing a dominant position in trade forgoodsorservicesin Jersey and from executing a mergeroracquisition without the approval ofthe Jersey Competition Regulatory Authority ("the Authority"). These prohibitions are setoutinArticles8(1),16(1) and 20(1) of the Law.
2. A rticle 51conferson "an aggrievedperson" – defined as a personwhohassufferedor is likely to suffer economic loss ordamageas a result ofanactual or apprehended breach of Articles 8(1),16(1)or20(1)of the Laworof a direction issued by the Authority – the rightto institute civil proceedings (including application for an injunction).
3. A r ticle 59 of the Law provides that:

"(1) Where the Court is considering civil proceedings brought by virtue of this Law, other than by the Authority, the Authority shall be notified in accordance with Rules of Court made by the Court.

2. I n a case to which paragraph (1) applies,theAuthority shall, on giving notice inaccordance with the Rules referred to in that paragraphatany time during the proceedings,be joined as a partyto the proceedings.
3. Where the Authority has been joined as a party to proceedings as a result of a notice under paragraph (2) it may, with leave, appealagainstthedecision in the proceedings."

5. T h e Rules set outthemechanismbywhichtheAuthority is to benotified of such civil proceedings.
6. Rule 1setsout definitions ofwords used intheRules.
7. R u les 2 and 3 set out the type of proceedings towhich the Rules apply - those describedinparagraph 2 above - and provide that the party instituting such proceedingsor contending that a breach of the Law has taken place is requiredto give written notice theAuthorityof such proceedings within two days ofthe date upon which the orderofjustice,answerorotherpleadingis filed with the Judicial Greffe.
8. Rules 4 and 5 stipulate that the written noticeistobe served ontheAuthorityby the Viscount together with a copyofthe pleadings in the case and that, as soon as practicablethereafter, the JudicialGreffe and any other parties totheproceedingsmustbe informed that the Authorityhas been duly notified.
9. Rules 6 and 7provide that upon receipt of the written notification theAuthority has 21 days within which to

decide whether it wishes to be joined as a party to the proceedings. During this period the action is stayed. If the

Authority wishes to be joined as party it must notify the Judicial Greffier who is empowered to make such orders as may be necessary as to the filing of pleadings etc. In any event, the Authority may apply at any time to be joined as a party to civil proceedings concerned with a breach of the Law.

9. Rule 8 provides for the Judicial Greffierto notify the Authorityin the event that the partyrequiredto give notice failed to do so.
10. T he Rules weremadeon 14th April 2005, and are to come into forceonthe date that the Lawcomes into force.