The official version of this document can be found via the PDF button.
The below content has been automatically generated from the original PDF and some formatting may have been lost, therefore it should not be relied upon to extract citations or propose amendments.
STATES OF JERSEY ORDER PAPER
Tuesday 15th May 2007 SUPPLEMENTARY
- TABLING OF SUBORDINATE ENACTMENTS
(Explanatory note attached)
Public Finances (Accounting Standards) (Jersey) Order 2007 R&O.67/2007. Minister for Treasury and Resources.
Royal Court (Amendment No. 6) Rules 2007 R&O.68/2007. Superior Number of the Royal Court.
- DOCUMENTS PRESENTED OR LAID
Jersey Financial Services Commission: Annual Report for 2006. R.48/2007. Presented: 15th May 2007.
Minister for Economic Development.
Land Transactions under Standing Order 168(3) – Stonemason's Yard (Former R.49/2007. Quarry), Mont Mado, St. John: proposed sale.
Presented: 15th May 2007.
Minister for Treasury and Resources.
La Pouquelaye Old School Site: purchase (P.55/2007) – comments. P.55/2007. Com. Presented: 14th May 2007.
Minister for Treasury and Resources.
- NOTIFICATION OF LODGED PROPOSITIONS
Rezoning of land for Category A and life-long dwellings for the over 55s. P.61/2007. Lodged: 14th May 2007.
Minister for Planning and Environment.
Disciplinary Panel of the Law Society of Jersey: appointment of lay members. P.62/2007. Lodged: 15th May 2007.
Chief Minister.
Public Elections: reduction in voting age to 16. P.63/2007. Lodged: 15th May 2007.
Deputy of Grouville .
Composition and Election of the States. P.64/2007. Lodged: 15th May 2007.
Deputy P.V.F. Le Claire of St. Helier .
I. QUESTIONS
Deputy S. Pitman of St. Helier has requested that this oral question be deferred until 5th June 2007 and presented as a written question -
" W o u ld the Minister inform members of the total amount of subsidies paid to Housing Trusts for each year from 1998 to 2006?"
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
The Chairman of the Privileges and Procedures Committee will make a statement regarding the reform of the States.
The Chief Minister will make a statement regarding the development of the new Jersey Brand.
The Chairman of the Economic Affairs Scrutiny Panel will make a statement regarding the use of Question time by Scrutiny.
- PUBLIC BUSINESS
The Connétable of St. Helier , in accordance with Standing Order 30(2), has informed the Greffier that he wishes the debate on the following proposition to be deferred from the present meeting until the 5th June 2007 -
La Pouquelaye Old School Site: purchase. P.55/2007. Lodged: 23rd April 2007.
Connétable of St. Helier.
M.N. DE LA HAYE Greffier of the States
14th May 2007
Explanatory Note regarding subordinate legislation tabled at this meeting.
(See Item B)
R&O.67/2007
This Order sets out accounting standards that the Treasurer must apply in preparing annual financial statements in respect of the accounts of the States.
The Order was made on 11th May 2007 and comes into force on 18th May 2007. R&O.68/2007
These Rules amend the Royal Court Rules 2004 ("the principal Rules") so as to –
- e m p ower the Royal Court to direct any party at anystageof proceedings toserveontheother parties affidavits or written statements containing the oral evidencewhich that party intends toleadonany issues offact to be decided at the trial;
- i n tr oduce a requirement that an applicant for a caveat give written notice of the lodging of the caveat to every personwhose immovable propertyis affected by it; and
- c o rrect anerror in the existing form ofacknowledgementwhere a third partymakes a declaration with regard to existing hypothecary rights.
The amendment consists of six Rules.
Rule 1 merely defines the principal Rules.
Rule 2 inserts a new Rule 6/23A consisting of four paragraphs.
Paragraph (1)empowers the Royal Court to give directions with regard to affidavits or written statements of oral evidence that a party intends to lead on issues of fact to be decided at the trial.
Under paragraph (2), if the person to whose evidence an affidavit or statement relates is not called at the trial by the party serving it, any other party wishing to put it in evidence at the trial requires leave to do so. If, however, that person is called as a witness by the party serving the affidavit/statement –
- t h e party requiresleaveunder paragraph (3)(a)toleadevidence from the witness beyond that whichis contained in the affidavit/statement orwhichhasnewly arisen during the trial;
- t h e Court is able under paragraph (3)(b)to direct that the affidavit/statement stand in whole or in part as evidenceinchief;
- t h e affidavit/statement mayunder paragraph (3)(c)beput to the witness in cross-examination.
Under paragraph (4), a party that fails to comply with a direction under paragraph (1)cannot adduce evidence to which the direction relates.
Rule 3 amends Rule 18/5 of the principal Rules so as to include a requirement that, when the Bailiff has granted an application for a caveat, the applicant give written notice of the lodging of the caveat to every person whose immovable property is affected by it.
Rule 4 amends Schedule 3 to the principal Rules which contains the form of summons for directions. The form is amended to take account of the power of the Court to order service of affidavits and/or statements of fact before trial.
Rule 5 (together with the Schedule) amends Schedule 6 to the principal Rules which contains the different forms of acknowledgement of debt (reconnaissances'). The last such form – the form of acknowledgement where a third party makes a declaration with regard to existing hypothecary rights – contains a drafting error. It would be replaced with a correctly worded version.
Rule 6 is the usual citation provision and provides for the Rules to come into force 7 days after they are made.
The Rules were made by the Superior Number of the Royal Court on 14th May 2007 and come into force on 21st May 2007.