Order Paper 2nd December 2008

STATES OF JERSEY ORDER PAPER

Tuesday 2nd December 2008

1. COMMUNICATIONS BYTHE PRESIDING OFFICER
2. TABLING OF SUBORDINATE ENACTMENTS

(Explanatory note attached)

Planning and Building (Public Inquiries) (Jersey) Order 2008. R&O.137/2008. Minister for Planning and Environment.

Prison (Amendment) (Jersey) Rules 2008. R&O.138/2008. Minister for Home Affairs.

Legitimacy (Amendment) Rules 2008. R&O.139/2008. Superior Number of the Royal Court.

Advocates and Solicitors (Qualifying Examination) (Amendment No.  4) Rules R&O.140/2008. 2008.

Superior Number of the Royal Court.

Road Traffic (St.  Lawrence) (Amendment No. 21) (Jersey) Order 2008. R&O.141/2008. Minister for Transport and Technical Services.

Money Laundering (Amendment No.  2) (Jersey) Order 2008. R&O.142/2008. Minister for Treasury and Resources.

Amendment (No.  33) to the Tariff of Harbour and Light Dues. R&O.143/2008. Minister for Economic Development.

Non-Profit Organizations (Amendment) (Jersey) Order 2008. R&O.144/2008. Minister for Economic Development.

Excise Duty (Relief and Drawback) (Amendment No.  4) (Jersey) Order 2008. R&O.145/2008. Minister for Treasury and Resources.

Money Laundering (Amendment No.  3) (Jersey) Order 2008. R&O.146/2008. Minister for Treasury and Resources.

Insurance Business (Appointment of Manager) (Jersey) Order 2008. R&O.147/2008. Minister for Economic Development.

Banking Business (Appointment of Manager) (Jersey) Order 2008. R&O.148/2008. Minister for Economic Development.

Financial Services (Appointment of Manager) (Jersey) Order 2008. R&O.149/2008. Minister for Economic Development.

Collective Investment Funds (Appointment of Manager) (Jersey) Order 2008. R&O.150/2008. Minister for Economic Development.

Companies (General Provisions) (Amendment No.  4) (Jersey) Order 2008. R&O.151/2008. Minister for Economic Development.

3. DOCUMENTS PRESENTED OR LAID

Draft Budget Statement 2009 (P.158/2008): second amendment P.158/2008. (P.158/2008  Amd.(2)) – comments. Amd.(2). Presented: 1st December 2008. Com. Minister for Treasury and Resources.

Draft Budget Statement 2009 (P.158/2008): third amendment P.158/2008. (P.158/2008  Amd.(3)) – comments. Amd.(3). Presented: 1st December 2008. Com. Minister for Treasury and Resources.

Draft Budget Statement 2009 (P.158/2008): fourth amendment P.158/2008. (P.158/2008  Amd.(4)) – comments. Amd.(4). Presented: 1st December 2008. Com. Minister for Treasury and Resources.

Draft Income Tax (Amendment No.  32) (Jersey) Law 200- (P.161/2008): P.161/2008. comments. Com. Presented: 25th November 2008.

Corporate Services Scrutiny Panel.

Income Support and GST food costs bonus: additional funding (P.163/2008) – P.163/2008. amendment (P.163/2008  Amd.) – comments. Amd.Com. Presented: 1st December 2008.

Minister for Treasury and Resources.

Traditional delivery of Christmas addresses (P.168/2008): comments. P.168/2008. Presented: 18th November 2008. Com. Privileges and Procedures Committee.

Committee of Inquiry into Fields 848, 851 and 853, Bel Royal, St.  Lawrence: R.101/2008. Final Report (R.101/2008) – response of the Minister for Planning and Rpt. Environment.

Presented: 20th November 2008.

Minister for Planning and Environment.

Children: Regulation of Employment – Green Paper October 2008. R.111/2008. Presented: 24th October 2008.

Minister for Health and Social Services.

Land Transactions under Standing Order 168(3) – Seymour Inn Car Park, La R.112/2008. Grande Route des Sablons, Grouville – Gift to the Public by La Rocque

Developments Limited.

Presented: 24th October 2008.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) – former La Pouquelaye R.113/2008. School, Le  Hurel, St. Helier–  proposed 21  year lease to the Centre Point Trust.

Presented: 28th October 2008.

Minister for Treasury and Resources.

Jersey Employment Tribunal: annual report for the period 1st July 2007 to 30th R.114/2008. June 2008.

Presented: 30th October 2008.

Minister for Social Security.

Land Transactions under Standing Order 168(3) – R.115/2008.

1. No. 34 Clos duRuisseau, La Grande Route deSt. Martin, St.  Martin,JE3

6UU – lease;

2. La Grèved'Azette/GreenRoad – purchaseof land.

Presented: 5th November 2008.

Minister for Treasury and Resources.

The Comptroller and Auditor General's Programme 2008–2010: Consultation R.116/2008. document.

Presented: 7th November 2008.

Comptroller and Auditor General.

The Comptroller and Auditor General's Programme 2008–2010: Consultation R.117/2008. document – Annex – Assessment of financial management.

Presented: 7th November 2008.

Comptroller and Auditor General.

The Comptroller and Auditor General's Annual Report for the period from 1st R.118/2008. January 2007 to 30th June 2008.

Presented: 7th November 2008.

Comptroller and Auditor General.

States Members' Remuneration: recommendations for 2009. R.119/2008. Presented: 18th November 2008.

Privileges and Procedures Committee.

States of Jersey Law 2005: delegation of functions – Planning and R.120/2008. Environment – revised delegations.

Presented: 20th November 2008.

Minister for Planning and Environment.

Public Finances (Jersey) Law 2005: financial planning disclosures for the R.121/2008. 6  month period ended 30th June 2008.

Presented: 26th November 2008.

Minister for Treasury and Resources.

Waterfront Enterprise Board Limited: Review of Corporate Governance – Final R.122/2008. Report of the Comptroller and Auditor General.

Presented: 26th November 2008.

Comptroller and Auditor General.

States owned companies: accountability – Final Report of the Comptroller and R.123/2008. Auditor General.

Presented: 26th November 2008.

Comptroller and Auditor General.

4. NOTIFICATION OF LODGED PROPOSITIONS

Draft Budget Statement 2009 (P.158/2008): amendment. P.158/2008. Lodged: 18th November 2008. Amd. Minister for Treasury and Resources.

Draft Budget Statement 2009 (P.158/2008): second amendment. P.158/2008. Lodged: 18th November 2008. Amd.(2). Deputy S.C. Ferguson of St.  Brelade.

Draft Budget Statement 2009 (P.158/2008): third amendment. P.158/2008. Lodged: 18th November 2008. Amd.(3). Deputy of St.  Ouen.

Draft Budget Statement 2009 (P.158/2008): fourth amendment. P.158/2008. Lodged: 18th November 2008. Amd.(4). Deputy of St.  Ouen.

Draft Budget Statement 2009 (P.158/2008): fifth amendment. P.158/2008. Lodged: 1st December 2008. Amd.(5) Minister for Treasury and Resources.

Draft Finance (2009 Budget) (Jersey) Law 200- (P.159/2008): amendment. P.159/2008. Lodged: 18th November 2008. Amd. Minister for Treasury and Resources.

Draft Income Tax (Amendment No.  31) (Jersey) Law 200- (P.160/2008): P.160/2008. amendment. Amd. Presented: 24th November 2008.

Minister for Treasury and Resources.

Draft Firearms (Amendment No.  2) (Jersey) Law 200- (P.162/2008): P.162/2008. amendment. Amd. Lodged: 11th November 2008.

Minister for Home Affairs.

Draft Firearms (Amendment No.  2) (Jersey) Law 200- (P.162/2008): second P.162/2008. amendment. Amd.(2). Lodged: 11th November 2008.

Comité des Connétable s.

Draft Firearms (Amendment No.  2) (Jersey) Law 200- (P.162/2008): third P.162/2008. amendment. Amd.(3). Lodged: 11th November 2008.

Deputy of St.  Martin.

Income Support and GST food costs bonus: additional funding (P.163/2008) – P.163/2008. amendment. Amd. Lodged: 18th November 2008.

Deputy S.C. Ferguson of St.  Brelade.

Draft Income Support (Amendment No.  3) (Jersey) Regulations 200- P.165/2008. (P.165/2008): amendment. Amd. Lodged: 19th November 2008.

Deputy S.C. Ferguson of St.  Brelade.

Speed Limits: creation of a review working group. P.166/2008. Lodged: 27th October 2008.

Deputy I.J. Gorst of St.  Clement.

Statutory Nuisances Law: review. P.167/2008. Lodged: 31st October 2008.

Deputy P.V.F. Le Claire of St.  Helier.

Traditional delivery of Christmas addresses. P.168/2008. Lodged: 31st October 2008.

Senator S. Syvret.

Draft Employment Tribunal (Amendment No.  2) (Jersey) Regulations 200-. P.169/2008. Lodged: 4th November 2008.

Minister for Social Security.

Draft Health and Safety at Work (Amendment No.  4) (Jersey) Law 200-. P.170/2008. Lodged: 4th November 2008.

Minister for Social Security.

Ratification of the Agreement for the Exchange of Information Relating to Tax P.171/2008. Matters between the Federal Republic of Germany and the States of Jersey.

Lodged: 4th November 2008.

Chief Minister.

Draft Taxation (Exchange of Information with Third Countries) (Amendment) P.172/2008. (Jersey) Regulations 200-.

Lodged: 4th November 2008.

Chief Minister.

Draft Civil Aviation (Jersey) Law 2008 (Appointed Day) Act 200-. P.173/2008. Lodged: 18th November 2008.

Chief Minister.

Draft Gender Recognition (Jersey) Law 200-. P.174/2008. Lodged: 25th November 2008.

Chief Minister.

Draft Protection of Children (Restriction on Supply of Goods) (Jersey) Law P.175/2008. 200-.

Lodged: 27th November 2008.

Minister for Economic Development.

5. WITHDRAWAL OF LODGED PROPOSITIONS

In accordance with Standing Order 34(1), the proposer of the following proposition lodged "au Greffe" has informed the Greffier of the States that it is to be withdrawn –

Rental Deposit Scheme to Protect Tenants' Deposits. P.137/2008. Lodged: 29th August 2008.

Deputy G.P. Southern of St. Helier.

6. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
7. MATTERS OF PRIVILEGE
8. PETITIONS
9. QUESTIONS

1. – Written Questions (attached)

1. The Chief Minister will table ananswerto a questionasked by Deputy P.V.F.LeClaireof St.  Helier regarding the lease agreement for theWaterfrontHotel.
   2. The Minister for Home Affairs will tableananswer to a question askedby Deputy S.S.P.A. Power of St.  Breladeregardingthecostofhistoricchildabuse enquiry.
   3. The Minister for Education Sport andCulture will tableananswer to a questionaskedby Deputy S.S.P.A.Powerof St.  Brelade regarding the operationalcostsof the ferry service to Elizabeth Castle.
   4. The Minister for Social Security will table an answerto a question askedby Senator B.E. Shenton regarding the SocialSecurity (Reserve) Fund.
2. The Minister for Planning and Environment will table ananswer to a questionaskedby Deputy G.C.L.BaudainsofSt. Clementregarding the tangible benefits of the Water Resources (Jersey) Law 2007.
   2. The Chief Minister will tableananswerto a question asked by Deputy G.P. Southern of St.  Helier regarding the Waterfront development.
   3. The Minister for TreasuryandResources will table ananswerto a questionaskedby Deputy G.P. Southern of St.  Helier regarding Jersey's economy.
   4. The Minister for Housing will table ananswer to a questionaskedby Deputy G.P. Southern of St.  Helier regarding efforts toassistlocalfamiliestopurchasehomesin the Island.
   5. The Minister forEconomicDevelopment will tableananswer to a question asked by Deputy G.P. Southern of St.  Helier regarding financial aid for the Finance and Tourism sectors.
3. The Minister for EconomicDevelopment will table ananswer to a questionaskedby Deputy G.P. Southern of St.  Helier regarding measurestomaintain the servicesof low cost airlines.
4. The Chief Minister will table ananswerto a question askedby Deputy R.G.Le Hérissier of St.  Saviour regarding the annualcostofemployingconsultants.
5. The Minister for Health and Social Services will tableananswer to a question asked by Deputy R.G.Le Hérissier ofSt. Saviour regarding the HowardLeague.
6. The Minister for Health and Social Services will tableananswer to a question asked by Deputy R.G.Le Hérissier ofSt. Saviour regarding staff suspensions.
7. The Minister for Health and Social Services will tableananswer to a question asked by Deputy R.G.Le Hérissier of St.  Saviour regarding theimpactof the continued suspension of the DirectorofFamily Nursing andHomeCare.
8. The Chairman of the Privileges andProceduresCommittee will table an answer to a question asked by Deputy R.G.LeHérissierofSt. Saviour regarding election reforms.

2. – Oral Questions (90 minutes)

1. The Deputy ofStMartin will askthefollowingquestionof the Minister forHome Affairs –

" W ill the Minister inform members whether there is a specified period in which an application for a firearms certificate should be determined, what is the average time taken to process an

application and the average time taken for a renewal?"

2. The Connétable of St.  Helier will ask the followingquestionof the Minister for Health and Social Services –

" W ould the Minister describe the funding arrangements between Health and Social Services and Family Nursing and Home Care, and what involvement, if any, he has in the arrangements for the audit and governance procedures of the organisation?"

3. Deputy G.P. Southern ofSt. Helier will ask the following question of the Minister forSocial Security –

" W ill the Minister inform members how much additional funding in total has been required for the wide range of "adjustments" that have been made to the Income Support (IS) scheme, where these funds have been sourced and how the total compares with the estimates given to members in 2007 and with the actual total spent on all elements covered by IS in 2007?"

4. Deputy G.C.L.BaudainsofSt. Clement will ask the followingquestionof the Minister for Health and SocialServices –

" W ould the Minister, with reference to the Statutory Nuisance (Jersey) Law 1999 and the La Collette composting, explain why it is that he is unable to curtail what many residents consider to be an on-going nuisance?"

5. Deputy S.S.P.A. Power of St. Brelade will ask the following question of the Minister for Economic Development –

" G iven that Pure Adventure has been sold and is in new ownership, would the Minister inform the Assembly of the current status of the £35,000 grant from the Tourism Development Fund which was awarded to the original owners of the company in 2008, in order to develop an adventure centre at Les Ormes, St. Brelade?"

6. Deputy R.G.LeHérissierofSt. Saviour will ask the following questionofthe Minister for Economic Development –

" H as any permission been granted to, or discussed with, a potential developer of the Waterfront to import a large number of construction workers and if so, what is the policy in regard to such applications?"

7. Deputy R.C. Duhamel of St. Saviour will ask the following question of the Minister for Transport and TechnicalServices –

" C ould the Minister explain to the Assembly why the figures promised to the Environment Scrutiny Panel relating to the breakdown of the bus passenger figures for the period 2005 - 2007 have not been forthcoming and when the Panel can expect to receive this information?"

8. Senator S.Syvret will ask the following question ofthe Minister for Education, Sport and Culture–

" W ill the Minister inform the Assembly of the number of present or former Education, Sport and Culture Department employees who are known by him to be under investigation by the Police, or who have been under such investigation, in connection with possible child protection offences?"

9. The Deputy of StMartin will ask the followingquestionofthe Minister for Treasury and Resources –

" G iven that the £7.5 million for funding the historic child abuse enquiry included funding for reinstating excavation areas at the Haut de la Garenne site, will the Minister inform Members whether the sum allotted for the reinstatement included funding for refurbishing the property to its original state and, if not, what the estimated cost is?"

10. The Connétable of St.  Helierwillask the followingquestionof the Minister for Transportand Technical Services –

" W ould the Minister confirm that all the information necessary to allow for the creation of the Great Union Road Residents' Parking Zone (RPZ) was forwarded to the Transport and Technical Services Department on 8th August 2008 and, if so, would he explain the reasons for the delay in bringing forward the necessary legislation which will allow this much needed RPZ to be implemented?"

11. Senator S.Syvret will ask the following question ofthe Minister for Home Affairs –

" W ill the Minister explain why he refuses to supply members with a copy of the Code under which authority he suspended the Chief of Police; how he considers the Assembly to be competent to question him on the subject in the absence of such key information; and will he assure the Assembly that all procedural and legal requirements of the Code have been observed?"

12. Deputy R.G.Le Hérissier of St.  Saviour will ask thefollowingquestionof the Minister for Treasury andResources–

" H ow does the Minister intend to deal with the concerns of the UK Chancellor of the Exchequer as outlined in his recent Pre-Budget statement?

13. Deputy G.P. Southern ofSt. Helier will ask the following questionof the Minister for Treasury and Resources –

" W ill the Minister advise what fiscal measures, if any, he has under consideration should the recession in the UK impact upon Jersey, and if none, on what measures will he rely to support the economy, and does he expect any reduction in UK inflation rates to be fully reflected in prices in Jersey, and if not, what measures will he employ to reduce local pricing?"

14. The Connétable of Grouville will ask the followingquestionof the Chief Minister –

"Would the Chief Minister inform the Assembly whether any Waterfront Enterprise Board members or members of staff (past or present) were invited to give evidence in the Court case currently taking place in Dublin between Harcourt and Ivor Fitzpatrick?"

15. Deputy C.J. Scott Warr enofSt. Saviour will ask the following question of the Minister for Transport and TechnicalServices –

" Would the Minister implement measures to improve pedestrian safety when crossing

Longueville Road at Miladi Parade and Clos Gosset, prior to further housing developments in the Longueville Road area of St.  Saviour?"

16. Deputy J.A.MartinofSt. Helier will ask the followingquestion of the Minister for Social Security –

" W ill the Minister advise the Assembly how many people have completed a GST refund form to date and how many households, if any, were entitled to a refund?"

3. – Questions to Ministerswithout notice (30 minutes) - 1 s t q u e stion period – Minister for Housing

2 n d q u estion period – Chief Minister

10. PERSONAL STATEMENTS
11. STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY

The  Chief  Minister  will  make  a  statement  regarding  a  meeting  with  H.M.  Treasury  on  27th November 2008.

The Minister for Home Affairs will make a statement regarding the suspension of the Chief Officer of the States of Jersey Police (discussion in camera).

12. PUBLIC BUSINESS

Draft Budget Statement 2009. P.158/2008. Lodged: 21st October 2008.

Minister for Treasury and Resources.

Draft Budget Statement 2009 (P.158/2008): amendment. P.158/2008. Lodged: 18th November 2008. Amd. Minister for Treasury and Resources.

Draft Budget Statement 2009 (P.158/2008): second amendment. P.158/2008. Lodged: 18th November 2008. Amd.(2). Deputy S.C. Ferguson of St.  Brelade.

Draft Budget Statement 2009 (P.158/2008): second amendment P.158/2008. (P.158/2008  Amd.(2)) – comments. Amd.(2). Presented: 1st December 2008. Com. Minister for Treasury and Resources.

Draft Budget Statement 2009 (P.158/2008): third amendment. P.158/2008. Lodged: 18th November 2008. Amd.(3). Deputy of St.  Ouen.

Draft Budget Statement 2009 (P.158/2008): third amendment P.158/2008. (P.158/2008  Amd.(3)) – comments. Amd.(3). Presented: 1st December 2008. Com. Minister for Treasury and Resources.

Draft Budget Statement 2009 (P.158/2008): fourth amendment. P.158/2008. Lodged: 18th November 2008. Amd.(4). Deputy of St.  Ouen.

Draft Budget Statement 2009 (P.158/2008): fourth amendment P.158/2008. (P.158/2008  Amd.(4)) – comments. Amd.(4). Presented: 1st December 2008. Com. Minister for Treasury and Resources.

Draft Budget Statement 2009 (P.158/2008): fifth amendment. P.158/2008. Lodged: 1st December 2008. Amd.(5) Minister for Treasury and Resources.

Draft Finance (2009 Budget) (Jersey) Law 200-. P.159/2008. Lodged: 21st October 2008.

Minister for Treasury and Resources.

Draft Finance (2009 Budget) (Jersey) Law 200- (P.159/2008): amendment. P.159/2008. Lodged: 18th November 2008. Amd. Minister for Treasury and Resources.

Draft Income Tax (Amendment No.  31) (Jersey) Law 200-. P.160/2008. Lodged: 21st October 2008.

Minister for Treasury and Resources.

Draft Income Tax (Amendment No.  31) (Jersey) Law 200- (P.160/2008): P.160/2008. amendment. Amd. Presented: 24th November 2008.

Minister for Treasury and Resources.

Income Support and GST food costs bonus: additional funding. P.163/2008. Lodged: 21st October 2008.

Minister for Treasury and Resources.

Income Support and GST food costs bonus: additional funding (P.163/2008) – P.163/2008. amendment. Amd. Lodged: 18th November 2008.

Deputy S.C. Ferguson of St.  Brelade.

Income Support and GST food costs bonus: additional funding (P.163/2008) – P.163/2008. amendment (P.163/2008  Amd.) – comments. Amd.Com. Presented: 1st December 2008.

Minister for Treasury and Resources.

Draft Food Costs (Offset of Average GST) Bonus (Amendment) (Jersey) P.164/2008. Regulations 200-.

Lodged: 21st October 2008.

Minister for Social Security.

Draft Income Support (Amendment No.  3) (Jersey) Regulations 200-. P.165/2008. Lodged: 21st October 2008.

Minister for Social Security.

Draft Income Support (Amendment No.  3) (Jersey) Regulations 200- P.165/2008. (P.165/2008): amendment. Amd. Lodged: 19th November 2008.

Deputy S.C. Ferguson of St.  Brelade.

Financial Services Compensation Scheme. P.150/2008. Lodged: 19th September 2008.

Deputy P.V.F. Le Claire of St.  Helier.

Draft Collective Investment Funds (Recognized Funds) (Actions for Damages) P.157/2008. (Jersey) Regulations 200-.

Lodged: 8th October 2008.

Minister for Economic Development.

Draft Firearms (Amendment No.  2) (Jersey) Law 200-. P.162/2008. Lodged: 21st October 2008.

Minister for Home Affairs.

Draft Firearms (Amendment No.  2) (Jersey) Law 200- (P.162/2008): P.162/2008. amendment. Amd. Lodged: 11th November 2008.

Minister for Home Affairs.

Draft Firearms (Amendment No.  2) (Jersey) Law 200- (P.162/2008): second P.162/2008. amendment. Amd.(2). Lodged: 11th November 2008.

Comité des Connétable s.

Draft Firearms (Amendment No.  2) (Jersey) Law 200- (P.162/2008): third P.162/2008. amendment. Amd.(3). Lodged: 11th November 2008.

Deputy of St.  Martin.

In  accordance  with  Standing  Order  87  (1)  the  proposers  of  the  following propositions  have  given  notice  that  they  will  seek  the  agreement  of  the Assembly to debate their propositions at this meeting -

Speed Limits: creation of a review working group. P.166/2008. Lodged: 27th October 2008.

Deputy I.J. Gorst of St.  Clement.

Statutory Nuisances Law: review. P.167/2008. Lodged: 31st October 2008.

Deputy P.V.F. Le Claire of St.  Helier.

Traditional delivery of Christmas addresses. P.168/2008. Lodged: 31st October 2008.

Senator S. Syvret.

Traditional delivery of Christmas addresses (P.168/2008): comments. P.168/2008. Presented: 18th November 2008. Com. Privileges and Procedures Committee.

Draft Civil Aviation (Jersey) Law 2008 (Appointed Day) Act 200-. P.173/2008. Lodged: 18th November 2008.

Chief Minister.

13. ARRANGEMENT OF PUBLIC BUSINESS

20th January 2009

Rates: the States' liability. P.147/2008. Lodged: 16th September 2008.

Connétable of St. Helier.

Waterfront Enterprise Board Ltd: appointment of Director. P.153/2008. Lodged: 1st October 2008.

Chief Minister.

Waterfront Enterprise Board Ltd.: appointment of Director (P.153/2008) – P.153/2008. amendment. Amd. Lodged: 21st October 2008.

Senator B.E. Shenton.

Draft Employment Tribunal (Amendment No.  2) (Jersey) Regulations 200-. P.169/2008. Lodged: 4th November 2008.

Minister for Social Security.

Draft Health and Safety at Work (Amendment No.  4) (Jersey) Law 200-. P.170/2008. Lodged: 4th November 2008.

Minister for Social Security.

Ratification of the Agreement for the Exchange of Information Relating to Tax P.171/2008. Matters between the Federal Republic of Germany and the States of Jersey.

Lodged: 4th November 2008.

Chief Minister.

Draft Taxation (Exchange of Information with Third Countries) (Amendment) P.172/2008. (Jersey) Regulations 200-.

Lodged: 4th November 2008.

Chief Minister.

Draft Gender Recognition (Jersey) Law 200-. P.174/2008. Lodged: 25th November 2008.

Chief Minister.

Draft Protection of Children (Restriction on Supply of Goods) (Jersey) Law P.175/2008. 200-.

Lodged: 27th November 2008.

Minister for Economic Development.

24th March 2008

Draft Income Tax (Amendment No.  32) (Jersey) Law 200-. P.161/2008. Lodged: 21st October 2008.

Minister for Treasury and Resources.

Draft Income Tax (Amendment No.  32) (Jersey) Law 200- (P.161/2008): P.161/2008. comments. Com. Presented: 25th November 2008.

Corporate Services Scrutiny Panel.

M.N. DE LA HAYE Greffier of the States

27th November 2008 Note –

In accordance with the meeting dates fixed for 2008 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday 3rd and Thursday 4th December 2008.

Explanatory Note regarding subordinate legislation tabled at this meeting.

(See Item B)

R&O.137/2008.

Article  12 of the Planning and Building (Jersey) Law 2002 requires a public inquiry to be held into a planning application if the Minister is satisfied that, if the proposed development were to be carried out –

1. t he developmentwould be likely to have a significanteffecton the interests of the whole or a substantial partofthe population of Jersey; or
2. t hedevelopment would be a departure(other than an insubstantial one) from theIslandPlan.

The Minister is required, by the Law, to take into account representations made at the public inquiry when determining the planning application.

This Order establishes procedures for the conduct of public inquiries.

Article 1 is the interpretation provision.

Article 2 applies the Order to a case where a public inquiry is required, by the Law, to be held.

Article 3 provides that the Minister shall appoint an inspector to conduct the inquiry. The inspector must not be a States' employee. Assistant inspectors, technical advisers and a website are also provided for.

Article 4 gives the inspector a broad remit to conduct the public inquiry as he or she thinks fit within the rules laid down by this Order and the terms of reference set by the Minister.

Article 5 requires the Minister to announce the public inquiry, giving details of the date by which, and how, initial representations may be made.

Article 6 sets out that representations may be made in a public inquiry by way of initial representations, statements of case or appearances at hearings, and that these may be used to supplement each other.

Article 7 allows any person to submit  an initial representation, and specifies the contents.  It provides  that representations made on the planning application before the announcement of the public inquiry are to be treated as initial representations in the inquiry. It also requires the inspector to circulate them to all eligible persons (others who have submitted initial representations and those who have an automatic right to participate in the inquiry), and permits the inspector to publish them on the website.

Article 8 allows the inspector to hold preliminary meetings (which are to provide information about the procedures for the conduct of the hearings) and seminars (at which technical information will be made available for eligible persons).

Article 9 allows the inspector to designate particular matters for separate consideration in thematic hearings, before the final hearing, and to invite participants on the basis of their ability to contribute on the subject matter of the particular thematic hearing.

Article 10 requires the inspector to end the hearings with a plenary hearing at which all eligible persons have the right to appear and be heard (along with anyone invited by the inspector). The inspector may also hold additional plenary hearings before the final hearing.

Article 11 requires the inspector to prepare a draft list of matters to be inquired into at hearings, and persons to appear at thematic hearings. The draft list is to be circulated to all eligible persons with an invitation to comment.

Article 12 requires the inspector to prepare and circulate to all eligible persons a timetable for submission of statements of case and for the holding of thematic and plenary hearings, together with a final list of participants and matters to be examined in thematic hearings.

Article 13 allows eligible persons to submit statements of case, enabling them to comment after they have seen the other initial representations. It specifies the contents of statements of case, requires the inspector to circulate them to all eligible persons, and permits the inspector to publish them on the website.

Article 14 requires all hearings to take place in public and a record to be made of them. Persons appearing may do so through a representative and can, subject to permission from the inspector, be accompanied by a person having relevant technical knowledge. No cross-examination is to be allowed at a hearing.

Article 15 empowers the inspector to exclude a person from a hearing, meeting or seminar if the person is disruptive.

Article 16 makes it clear that the inspector may visit the land to which the application relates.

Article 17 requires the inspector to collate the representations and prepare a report for the Minister. The report is to include conclusions or recommendations if those were required by the terms of reference.

Article 18 allows the Minister to direct the inspector to re-open the inquiry if the report does not cover considerations that are material to the decision or contains technical information that is incorrect in a material particular.

Article 19 requires the Minister and the inspector to make the inspector's report available to the public after the determination of the application.

Article 20 describes how documents may be submitted or circulated, and provides for withholding personal data from publication on the website.

Article 21 amends the Planning and Building (Application Publication) (Jersey) Order 2006. In some cases the time allowed under the 2006 Order for the submission of representations will have closed before a public inquiry is announced under this Order, but the amendment provides that in other cases subsequent representations are to be submitted under this Order instead (and under Article 7(5) representations received before the announcement are to be treated as initial representations).

Article 22 provides transitional measures for a public inquiry where an application has been made but not determined at the commencement of this Order, allowing the inspector to rely on steps already taken if they are similar in effect to those required by this Order and are unlikely to prejudice significantly any interests which could otherwise have been protected by making representations.

Article 23 provides for the citation and commencement of this Order.

The Order was made on 23rd October 2008 and came into force on being made.

R&O.138/2008.

Rule 1 defines the Prison (Jersey) Rules 2008 as the "principal Rules". Rule 2 adds definitions for the purposes of the amendments which follow.

Rule  3 makes it clear that a prisoner may be photographed or fingerprinted whilst in the prison and requires the information obtained to be kept with the prisoner's record. There are already restrictions on the use and disclosure of a prisoner's record. New provision is made by this amendment as to the time when a prisoner's record must be destroyed.

Rule 4 alters the minimum entitlement to weekly visits for civil and untried prisoners. Currently, the prisoner is entitled to one 90 minute visit a week. The amendment alters this to an entitlement of 3 visits, each of 30 minutes. In addition, visiting is prohibited for all prisoners on New Year's Day.

Rules 5 and 6 amend the arrangements for searches of visitors to the prison and of persons providing contracted- out services within the prison, enabling a person employed in the prison (but who is not an officer) to search such people, if the person is authorized to do so by the Governor (an "authorized employee").

Rule  7 adds procedures to regulate the search of prisoners by an authorized employee, which supplement the powers of search conferred on such employees by the Prison (Amendment No.  6) (Jersey) Law 2007.

Rule  8 adds procedures to regulate the compulsory testing of prisoners for controlled drugs and alcohol, which supplement the powers conferred on the Prison Governor by the Prison (Amendment No.  6) (Jersey) Law 2007 to authorize such tests.

Rule  9 provides for the admission in evidence, in a disciplinary hearing, of the results of a test for controlled drugs or alcohol.

Rule  10 makes a non-substantive drafting change which is consequential upon Rule  11.

Rule  11 adds a defence, for a prisoner charged with having consumed alcohol, if the prisoner did not know or suspect that he or she was consuming alcohol or if he or she was forced to consume it.

Rule  12 makes it clearer that a prisoner has a right to make his or her own arrangements for representation by a

lawyer at a disciplinary hearing, but no right to be provided with representation.

Rule  13 provides for the citation and commencement of these amending Rules.

The Rules were made on 28th October 2008 and came into force on 29th October 2008.

R&O.139/2008.

The Legitimacy (Amendment) (Jersey) Law 2008 –

• s u bstitutes, for the existing specific grounds on which the presumption of legitimacy may be rebutted, the single ground of "strong and satisfactory evidence to the contrary"; and

• in c ludes amongst those who are allowed to bring an illegitimacy petition the mother of the child and any man claiming to be the father of the child.

These reforms necessitate an amendment of the Legitimacy Rules 1974. These Rules make the necessary amendment in Rule 5(1) of the 1974 Rules.

The Rules were made on 28th October 2008 and came into force on 31st October 2008. R&O.140/2008.

These Rules confer a discretion on the Board of Examiners under the Advocates and Solicitors (Qualifying Examination) Rules 1997 to award a conditional pass to a candidate sitting a fourth session of the qualifying examination. The discretion is exercisable if the Board is satisfied that the candidate has failed to pass one of the papers at that session, but has attained a sufficiently high standard in the other papers.

The Rules were made on 28th October 2008 and came into force on 4th November 2008.

R&O.141/2008.

This Order amends certain waiting restrictions in St.  Lawrence.

The Order was made on 29th October 2008 and came into force on 5th November 2008.

R&O.142/2008.

This Order amends the Money Laundering (Jersey) Order 2008 (the "principal Order"). Many of the changes relate to, and are consequential upon, new terminology introduced by this Order concerning the anti-money laundering requirements with which a person carrying on a financial services business must comply under the principal Order. "Financial services businesses" are the businesses set out in Schedule 2 to the Proceeds of Crime (Jersey) Law 1999. Whereas the principal Order requires such persons to have specified "procedures" in place, this Order sets out "measures" that such persons are required to take. Most of the measures are substantially in the principal Order however this Order broadens and clarifies the circumstances in which such measures must be taken. In particular, such measures must be designed not only to prevent money laundering but also to detect it.

Article  1 is an interpretation provision.

Article  2 amends Article  1 of the principal Order by inserting new definitions, substituting existing ones and deleting a definition.

Article 3 amends the principal Order by substituting for the phrases "customer due diligence procedures", "identification procedures", and "enhanced customer due diligence procedures" similar phrases that use the word "measures" rather than "procedures". The Article also substitutes for the phrase "on-going identification procedures" the phrase "on-going monitoring".

Article 4 amends Article 2 of the principal Order (definition of"beneficial ownership and control") to refer to listed securities rather than traded stocks and shares.

Article  5 amends Article 3 of the principal Order so as to tighten and clarify the measures comprised in"customer due diligence measures".

Article  6 amends Article  7 of the principal Order relating to the appointment of the compliance officer. The person making the appointment must ensure that the officer is sufficiently senior and has access to the records needed for his or her functions.

Article  7 amends Article  8 of the principal Order andArticle  8 amends Article  9 of the principal Order to make similar changes to those made by Article  6 in respect of the appointment of the reporting officer and designated officer respectively.

Article 9 inserts a new Article 10A in the principal Order. Article 10A sets out requirements in respect of financial services business carried on outside Jersey. It requires a body incorporated in Jersey ("Jersey body corporate") or a limited liability partnership registered under the Limited Liability Partnerships (Jersey) Law 1997 ("Jersey limited liability partnership") to ensure that any branch carrying on such a business complies with the Order and that any subsidiary applies measures that are at least equivalent to the requirements of the principal Order in respect of any such business. A person carrying on a financial services business in or from within Jersey other than a Jersey body corporate or a Jersey limited liability partnership must ensure that any branch or subsidiary applies measures that are at least equivalent to the requirements of the principal Order in respect of any such business. This requirement does not apply to the extent that the country or territory concerned prevents the application of such measures, nor does the requirement apply in respect of certain financial services business carried on by lawyers, accountants, estate agents, high value dealers and casinos.

Article  10 amends the heading of Part  2 of the principal Order so as to include"detection" of money laundering.

Article  11 amends Article  11 of the principal Order so as to broaden and clarify the circumstances which a person carrying on a financial services business is required to have in place policies, procedures and training to prevent and detect money laundering.

Article  12 amends Article  12 of the principal Order by setting out in more detail the circumstances in which sole traders need not maintain certain policies and procedures. The Article  also repeals the requirements in relation to financial services business carried on outside Jersey: these latter requirements are dealt with in the inserted Article  10A.

Article  13 amends Article  13 of the principal Order by broadening and clarifying the circumstances in which customer due diligence measures must be applied.

Article  14 amends Article  14 of the principal Order to include transactions carried out in the course of operating a casino.

Article 15 amends Article 15 of the principal Order so as to set out in more detail what is comprised in"enhanced customer due diligence" and the circumstances in which it must be applied. These include where a customer is connected with a country or territory that does not apply, or insufficiently applies, the Forty Recommendations of the Financial Action Task Force on Money Laundering.

Article  16 amends Article  16 of the principal Order to set out more detailed requirements concerning when a person carrying on a financial services business may rely on identification of a customer carried out by an introducer or intermediary. An introducer or intermediary must give written assurance that he or she will provide a copy of the evidence without delay on request by the person carrying on the financial services business.

Article  17 amends Article  18 of the principal Order so as to add a further case where a person carrying on a financial services business need not apply identification measures. This is where the customer is a body corporate with securities listed on a regulated market. Article  17 also makes provision so that the exceptions from customer due diligence measures set out in Article  18 do not apply in any situation which presents a higher risk of money laundering.

Article 18 amends the heading of Part 4 of the principal Order so that it reads"Record-Keeping Requirements" in place of "Record-Keeping Procedures".

Article  19 amends Article 19 of the principal Order so as to tighten and clarify the circumstances in respect of which records must be kept, including the records that an introducer or intermediary must keep and make available to a person carrying on a financial services business who has relied on that introducer or intermediary.

Article 20 amends the heading of Part 5 of the principal Order so that it reads"Reporting and Disclosure" in place of "Reporting Procedures and Requirements".

Article  21 amends Article  21 of the principal Order so as to introduce a requirement that reports concerning suspected money laundering made to a designated police officer or designated customs officer are made using the Form set out in the Schedule to the Order and that any additional information required by such an officer must be supplied. The amendments also make provision so that the person to whom such reports must be made within an organisation  carrying  on  a  financial  services  business  is  the  same  person  who  is  responsible  within  that organisation for receiving reports concerning suspected money laundering under the Proceeds of Crime (Jersey) Law 1999; the Drug Trafficking Offences (Jersey) Law 1988 and the Terrorism (Jersey) Law 2002.

Article  22 inserts Article  22A in the principal Order. Article  22A allows a person carrying on a financial services business to disclose certain information to any person or institution with whom or with which the person making the disclosure shares common ownership, management or compliance control if such disclosure is appropriate for preventing and detecting money laundering.

Article  23 amends Article  23 of the principal Order so that the current provisions referring to disclosure of suspected money laundering to the Jersey Financial Services Commission, or by that Commission to a designated police officer or customs officer, are extended to cover all designated supervisory bodies under the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008.

Article  24 inserts Part  5A in the Order. Part  5A consists ofArticles 23A, 23B and 23C. Article 23A prohibits a person carrying on a financial services business that is a bank from having a relationship with a shell bank, that is, a bank incorporated in a jurisdiction in which it has no physical presence involving meaningful decision-making and  management  and  which  is  not  subject  to  supervision  by  an  overseas  regulatory  authority.  Article  23B prohibits a person carrying on a financial services business from setting up an anonymous account or an account which the person knows or suspects is fictitious. Article  23C allows the Minister to impose measures, such as not entering into business relationships, with any person that is connected with a country or territory that is subject to counter-measures by the Financial Action Task Force on Money Laundering.

Article  25 sets out the title of the Order and provides that it will come into force 7  days after it is made. The Order was made on 31st October 2008 and came into force on 7th November 2008.

R&O.143/2008.

This amendment to the Tariff of Harbour and Light Dues –

1. in c reases,by2.5%, the harbour dues for arriving and departing passengers and vehicles carriedon drive on/drive off' ferries;
2. in t roduces an additional chargeof £3.00 onthe harbour dues for arriving and departing passengerson cruise ships;
3. a lters, with no more than a 3.9% increase ineachcase (and a reduction insome), the dues payable for marina, visiting craft and other mooring spaces, except for the items from Section  B of Part  3 listed in th following table (whichexceed a 3.9%increase) –

The dues were last increased with effect from 1st January 2008.

The Tariff was made on 31st October 2008, subsequent to the approval of the States given on 22nd October 2008,

and comes into force on 1st January 2009. R&O.144/2008.

This Order amends the list of prescribed services that a non-profit organization may be provided with to make it a regulated NPO.

A regulated NPO need only comply with a very limited number of requirements of Part  2 of the Non-Profit Organizations (Jersey) Law  2008.