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STATES OF JERSEY ORDER PAPER
Tuesday 29th January 2013 CONSOLIDATED
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
Royal Court (Amendment No. 16) Rules 2013. R&O.1/2013. Superior Number of the Royal Court.
Teachers' Superannuation (Existing Members) (Amendment No. 4) (Jersey) Order R&O.6/2013. 2013.
Chief Minister.
Money Laundering and Weapons Development (Directions) (Iran) (Jersey) Order R&O.7/2013. 2013.
Chief Minister.
* Airport Dues (Tariff) (Amendment No. 7) (Jersey) Order 2013. R&O.8/2013. Minister for Economic Development.
* Police Procedures and Criminal Evidence (Codes of Practice) (Amendment No. 2) R&O.9/2013. (Jersey) Order 2013.
Minister for Home Affairs.
* Road Traffic (Public Parking Places) (Amendment No. 8) (Jersey) Order 2013. R&O.10/2013. Minister for Transport and Technical Services.
* Road Traffic (Public Parking Places – Charges) (Amendment No. 4) (Jersey) R&O.11/2013. Order 2013.
Minister for Transport and Technical Services.
* Community Provisions (Restrictive Measures – Democratic Republic of the R&O.12/2013. Congo) (Amendment No. 2) (Jersey) Order 2013.
Chief Minister.
* Community Provisions (Restrictive Measures – Libya) (Amendment No. 13) R&O.13/2013. (Jersey) Order 2013.
Chief Minister.
* Fire Precautions (Prescribed Forms) (Amendment) (Jersey) Order 2013. R&O.14/2013. Minister for Home Affairs.
- DOCUMENTS PRESENTED OR LAID
* Higher Education Grants: method of assessment (P.134/2012) – comments. P.134/2012. Presented: 28th January 2013. Com. Minister for Education, Sport and Culture.
Jersey Employment Tribunal: re-appointment of Side Members. R.3/2012. Presented: 22nd January 2013.
Minister for Social Security.
States of Jersey Law 2005: delegation of functions – Planning and Environment – R.4/2013. revised delegations January 2013.
Presented: 23rd January 2013.
Minister for Planning and Environment.
Land Transactions under Standing Order 168(3) – R.5/2013.
- Mont Mado Shed Site, La Rue de la Mare des Pres, St. John – proposed sale;
- Lease of Former Harbour Office, Liberty Wharf, St. Helier ;
- Ronez Quarry, La Route du Nord, St. John – grant of lease and right of
extraction;
- Les Cinq Chênes Estate, Prince's Tower Road, St. Saviour – boundary with
the properties known as "Pura Vida" and "Myona";
- Clos de Roncier, La Rue au Blancq, St. Clement – boundary with Fields 167
and 170;
- JEC Section Pillar No. 1047, Hampshire Gardens, Poonah Road, St. Helier –
lease;
- Café Lease Renewals – St. Aubin's Café; Driftwood Café, Archirondel; First
Tower Café; Gunsite Café, Beaumont and Old Station Café, near Millbrook.
Presented: 23rd January 2013.
Minister for Treasury and Resources.
Bankruptcy (Désastre) (Jersey) Law 1990: Social Désastre' – Consultation Paper. R.6/2013. Presented: 23rd January 2013.
Council of Ministers.
Aircraft Registry (S.R.6/2012) – response of the Minister for Economic S.R.6/2012. Development. Res. Presented: 23rd January 2013.
Minister for Economic Development.
* Relocation of Police Head Quarters to Green Street Car Park (S.R.19/2012): S.R.19/2012. addendum. Add. Presented: 28th January 2013.
Education and Home Affairs Scrutiny Panel.
- NOTIFICATION OF LODGED PROPOSITIONS
Draft Financial Regulation (Disclosure of Information) (Amendments) (Jersey) P.7/2013. Regulations 201-.
Lodged: 18th January 2013.
Minister for Economic Development.
Jersey Financial Services Commission: appointment of Commissioner. P.8/2013. Lodged: 22nd January 2013.
Minister for Economic Development.
Rate Appeal Board: appointment of members. P.9/2013. Lodged: 22nd January 2013.
Minister for Treasury and Resources.
* HSBC Middle East HBME: investigation. P.10/2013. Lodged: 29th January 2013.
Deputy G.P. Southern of St. Helier .
* Jersey Police Complaints Authority: appointment of members. P.11/2013. Lodged: 29th January 2013.
Minister for Home Affairs.
- WITHDRAWAL OF LODGED PROPOSITIONS
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions(attached)
- The Chief Minister will table an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding the Court case involving the Acting Magistrate.
- The Minister for Transport and Technical Services will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding consultation regarding the Harbour cycle track scheme.
- The Minister for Transport and Technical Services will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding the Rank Taxi service.
- The Minister for Planning and Environment will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding the visual state of La Collette reclamation site.
- The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the implications of the Foreign Account Tax Compliance Act (FATCA) agreements with Austria and Luxembourg.
- The Minister for Economic Development will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding job opportunities announced in his recent media release.
- The Minister for Home Affairs will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding the costs of disciplinary actions.
- H.M. Attorney General will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding legal powers of U.K. to prevent Jersey signing a Foreign Account Tax Compliance Act (FATCA) agreement with the USA.
- The Minister for Treasury and Resources will table an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding use of rooms in the Magistrate Court Building.
- H.M. Attorney General will table an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding the amount spent on a super injunction case.
- The Chief Minister will table an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding proposed changes to the Royal Court (Jersey) Law 1948.
- The Chairman of the Electoral Commission will table an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding the base figures used in its report.
- The Minister for Treasury and Resources will table an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding the Jersey Finance industry in 2012.
- The Minister for Economic Development will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding details of 400 jobs created.
- H.M. Attorney General will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the accountability of Law Officers to the States of Jersey.
- The Minister for Social Security will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding checks and balances regarding Health Insurance Fund (HIF) payments to GPs.
- The Minister for Home Affairs will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding a recent Court case.
- The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding a breakdown of expenditure of the Data Protection Commissioner for legal advice and prosecutions.
- The Minister for Health and Social Services will table an answer to a question asked by Senator S.C. Ferguson regarding the capacity of Orchard House.
- The Minister for Economic Development will table an answer to a question asked by Senator S.C. Ferguson regarding charges made on parcels to the U.K.
- The Minister for Education, Sport and Culture will table an answer to a question asked by Senator S.C. Ferguson regarding the length of residence in the Island of Highlands students.
- The Chief Minister will table an answer to a question asked by Senator S.C. Ferguson regarding Jersey's position in the U.K.'s membership of the European Union.
- – Oral Questions (120 minutes)
- Deputy J.H. Young of St. Brelade will ask the following question of H.M. Attorney General -
"Will the Attorney General inform the Assembly whether Royal Court judgments in appeals made against decisions made by the Minister under the Planning and Building Law are subject to review by the Court of Appeal, and if so whether the appeal procedure is available to litigants in person under the modified Planning appeals procedure which protects appellants from costs being awarded against them?"
- Connétable of St. John will ask the following question of the Minister for Economic Development -
"Would the Minister give estimated costs of providing alternative provision for a new freight area, associated car park and access roads to enable Hanger8 to establish operations in Jersey on the existing freight buildings and car park site, and advise whether the funds are inscribed into the department's current capital or revenue budgets or whether the works will be deferred until after the incorporation of the Harbours and Airport?"
- Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister -
"Will the Chief Minister advise the Assembly the current position regarding the Historic Child Abuse Redress Scheme and in particular the number of claims accepted, rejected and in dispute, and in the case of the latter will he outline the nature of the disputes and the current position regarding the extension of the scheme to cover people who were abused whilst in foster care or abused by persons who either lived in the care homes or were visiting them?
- Deputy M. Tadier of St. Brelade will ask the following question of H.M. Attorney General –
"Given the criticism of States Police and a Lawyer in the Law Officers' Department by the Privy Council in relation to the Curtis Warr en prosecution and the alleged involvement of the Attorney General in the subsequent police disciplinary case, would the Attorney General make a statement clarifying the situation?"
- Deputy J.A. Hilton of St. Helier will ask the following question of the Minister for Planning and Environment –
"Can the Minister explain whether any discussions have taken place between him and the Minister for Housing on the vacant glass house sites and their use for social housing? And, if so, can he explain the outcome of those discussions?"
- Deputy S. Pitman of St. Helier will ask the following question of the Chairman of Privileges and Procedures Committee –
"Will the Chairman advise whether any consideration has been given to having a separate referendum question on the same day as the proposed electoral reform referendum, namely on the Carswell' recommendation that the Bailiff should cease to act as President of the States? And if not, why not?"
- Deputy R.G. Le Hérissier of St. Saviour will ask the following question of the Minister for Home Affairs –
"Given the verdict of the Police Disciplinary Tribunal, is the Minister satisfied that the police acted with complete authority in the matter of bugging a vehicle in the case Re Curtis Warr en?"
- Senator S.C. Ferguson will ask the following question of the Minister for Health and Social Services –
"Would the Minister confirm the size of population upon which the size of the proposed new hospital is being based?"
- Deputy G.C.L. Baudains of St. Clement will ask the following question of the Minister for Transport and Technical Services –
"Would the Minister advise why the No 18 bus to Le Squez / Le Marais was discontinued, and whether he will be reinstating a service for residents of the northern part of Le Squez who at present either have to walk to Le Marais to catch the No 15, or rely on the Inner Road bus?
- Deputy T.M. Pitman of St. Helier will ask the following question of the Chief Minister –
"Does the Chief Minister consider that option B of the Electoral Commission meets international standards outlined by the Venice Commission - in that it proposes the votes of those in urban areas such as St. Helier for example would be worth less than others? If so, how does he believe this to be compatible with Council of Ministers' commitment to promoting fairness as part of a strong and successful Island?
- Deputy S.S.P.A. Power of St. Brelade will ask the following question of the Minister for Economic Development –
"Would the Minister confer with Condor Ferries Limited and seek clarification on the recently changed tariff policy on its online booking site? In particular, how charges for non-commercial freight are levied (a) in 2013 compared to 2012; and (b) compared to charges on commercial freight? Whether a clear list of tariffs for non commercial freight may be published on the website to assist the travelling public, especially with recreational vehicles?
- Deputy R.J. Rondel of St. Helier will ask the following question of the Chief Minister –
"With reference to a written question I asked of the Minister for Housing at the last Assembly on 15th January 2013, is the Chief Minister satisfied with the present proposed delivery of just 51 Affordable Homes for purchase over the next 5 years? Furthermore is he content that all of his Council are working satisfactorily together in order to deliver an appropriate level of Affordable Housing as quickly as possible?"
- Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Economic Development –
"Will the Minister inform members how many of the companies registered in Jersey by foreign owners in 2012 listed in his Invest Jersey press release are trading or conducting business on the Island, and is he aware how many other companies listed in 2012 have made arrangements or are preparing to trade or conduct business in Jersey in 2013 and beyond?
- Deputy J.M. Maçon of St. Saviour will ask the following question of the Chairman of Privileges and Procedures Committee –
"Can the Chairman explain whether the proposed referendum will carry a participation threshold, before the results will be deemed credible as there is no provision for this in the 2002 Referendum (Jersey) Law 2002 or in P.52/2013 and, if not, why not?"
- Connétable of St. John will ask the following question of the Minister for Transport and Technical Services –
"On 18th January 2013 during the snow disruption, how many miles of States' roads were gritted or salted? When was it decided to remove grit boxes from major junctions or hills across the Island?"
- Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Home Affairs –
"Due to the important public interest issues involved will the Minister publish the written decision of the disciplinary tribunal involving the three police officers involved in the Curtis Warr en car bugging case, and if not why not? And if so when?
- Deputy T.M. Pitman of St. Helier will ask the following question of the Minister for Treasury and Resources –
"Given the Electoral Commission has put forward Option B which suggests that votes of those in urban areas such as St. Helier for example would be worth less than others, would the Minister be able to balance this discrimination by reducing taxation for such electors?"
- Deputy R.G. Le Hérissier of St. Saviour will ask the following question of the Minister for Treasury and Resources –
"Given, from information released last week, that only 737 home connections have been made between August 2012 and now in the Gigabyte Jersey project, how does the Minister reconcile this with his answer to Senator Ferguson on 26th June 2012 that the rate of connections was anticipated to rise to 2000 per month? How much of the Budget of £41.5 million remains to be spent?"
- Deputy J. A. Hilton of St. Helier will ask the following question of the Minister for Planning and Environment –
"In what circumstances, if any, would the Minister reduce the standards for parking and amenity space on new developments? And, does he believe there is a need to provide storage space in applications for apartment blocks?"
- Deputy J.H. Young of St. Brelade will ask the following question of the Minister for Planning and Environment –
"Will the Minister advise the Assembly when he intends to bring forward policy proposals to the Assembly to restore the availability of affordable homes for purchase, and to replace the H3 policy of the Island Plan 2011 which has remained suspended as unworkable in practice since July 2011?"
- Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Treasury and Resources –
"In the annual presentation to States members delivered on 23rd January 2013 by Jersey Finance it was claimed that the finance sector paid £500m in tax. Will the Minister inform members of the breakdown of this sum?"
- Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Social Security –
"In light of continued and increasing job-losses in the island, will the Minister advise whether he has been seeking additional funding to be made available to cope with the consequences of the downturn and will he consider lifting the ceiling on Social Security contributions to be ring- fenced for such purposes?"
- – Questions to Ministers without notice (30 minutes) –
1st question period – Minister for Transport and Technical Services 2nd question period – Minister for Home Affairs
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
- PUBLIC BUSINESS
Comptroller and Auditor General: appointment. P.138/2012. Lodged: 28th December 2012.
Chief Minister. (Consideration in camera' in accordance with Article 41(2)
of the Public Finances (Jersey) Law 2005))
Draft Civil Partnership (Consequential Amendments) (No. 2) (Jersey) Regulations P.128/2012. 201-.
Lodged: 4th December 2012.
Chief Minister.
Ratification of the Agreement for the Avoidance of Double Taxation and the P.129/2012. Prevention of Fiscal Evasion with Respect to Taxes on Income between the
Government of Jersey and the Government of the Republic of Singapore.
Lodged: 4th December 2012.
Chief Minister.
Draft Taxation (Double Taxation) (Amendment) (Jersey) Regulations 201-. P.130/2012. Lodged: 4th December 2012.
Chief Minister.
Higher Education Grants: method of assessment. P.134/2012. Lodged: 11th December 2012.
Deputy G.C.L. Baudains of St. Clement .
* Higher Education Grants: method of assessment (P.134/2012) – comments. P.134/2012. Presented: 28th January 2013. Com. Minister for Education, Sport and Culture.
Draft Motor Traffic (Third Party Insurance) (Cost Recovery) (Jersey) Regulations P.135/2012. 201-.
Lodged: 13th December 2012.
Minister for Health and Social Services.
Statistics User Group: appointment of Chairman. P.137/2012. Lodged: 27th December 2012.
Chief Minister.
- ARRANGEMENT OF PUBLIC BUSINESS 19th February 2013
Police Station Relocation: review of decision (as amended). P.92/2012. Lodged: 2nd October 2012.
Deputy J.A. Martin of St. Helier .
Police Station Relocation: review of decision (P.92/2012) – comments. P.92/2012. Presented: 19th November 2012. Com. Council of Ministers.
Police Station Relocation: review of decision (P.92/2012) – comments. P.92/2012. Presented: 20th November 2012. Com.(2) Minister for Planning and Environment.
Committee of Inquiry: Historical Child Abuse. P.118/2012. Lodged: 6th November 2012.
Council of Ministers.
Minister for Justice and Department of Justice: report. P.120/2012. Lodged: 13th November 2012.
Senator L.J. Farnham .
Minister for Justice and Department of Justice: report (P.120/2012) – amendment. P.120/2012. Lodged: 15th January 2013. Amd. Senator L.J. Farnham .
Draft Referendum (Reform of States Assembly) (Jersey) Act 201-. P.5/2013. Lodged: 15th January 2013.
Privileges and Procedures Committee.
5th March 2013
Starter Home Deposit Loan Scheme. P.131/2012. Lodged: 4th December 2012.
Minister for Treasury and Resources.
Draft Control of Housing and Work (Residential and Employment Status) (Jersey) P.2/2013. Regulations 201-.
Lodged: 11th January 2013.
Chief Minister.
Draft Control of Housing and Work (Transitional and Consequential) (Jersey) P.3/2013. Regulations 201-.
Lodged: 11th January 2013.
Chief Minister.
Code of Conduct for Elected Members: Commissioner for Standards. P.4/2013. Lodged: 14th January 2013.
Privileges and Procedures Committee.
Draft Financial Regulation (Disclosure of Information) (Amendments) (Jersey) P.7/2013. Regulations 201-.
Lodged: 18th January 2013.
Minister for Economic Development.
Rate Appeal Board: appointment of members. P.9/2013. Lodged: 22nd January 2013.
Minister for Treasury and Resources.
* HSBC Middle East HBME: investigation. P.10/2013. Lodged: 29th January 2013.
Deputy G.P. Southern of St. Helier .
* Jersey Police Complaints Authority: appointment of members. P.11/2013. Lodged: 29th January 2013.
Minister for Home Affairs.
19th March 2013
Jersey Innovation Fund: establishment, funding and operation. P.124/2012. Lodged: 20th November 2012.
Minister for Treasury and Resources.
Jersey Financial Services Commission: appointment of Commissioner. P.8/2013. Lodged: 22nd January 2013.
Minister for Economic Development.
14th May 2013
Draft Discrimination (Jersey) Law 201-. P.6/2013. Lodged: 15th January 2013.
Minister for Social Security.
M.N. DE LA HAYE Greffier of the States
28th January 2013 Note –
An asterix * in the left-hand margin denotes either a new item added to this Order Paper since the principal Order Paper was published on 24th January 2013, or an item which has been moved.
*Explanatory Note regarding additional subordinate legislation tabled at this meeting. (See Item B)
R&O.8/2013.
This Order increases by 5% the additional airport dues payable in respect of each arrival or departure of an aircraft outside normal opening hours of the airport. These dues were last increased on 1st January 2004.
The Order was made on 24th January 2013 and comes into force on 31st March 2013. R&O.9/2013.
This Order amends the Police Procedures and Criminal Evidence (Codes of Practice) (Jersey) Order 2004 (the "principal Order") the purpose of which is to give effect to the operation of revised police procedures codes of practice, and the operation of a new code of practice.
The following codes are revised –
• Code A – "Code of practice for the exercise of police officers of statutory powers of stop and search";
• Code C – "Code of practice for the detention, treatment and questioning of persons by police officers";
• Code D – "Code of practice for the identification of persons by police officers";
• Code E – "Code of practice on tape recording of interviews with suspects"; and
• New Code G – "Code of practice on visual recording with sound of interviews with suspects", is introduced. This Code is based on the equivalent UK Code F.
There is a minor amendment to the guidance notes in Code A, to update a legislative reference.
The principal effect of the amendments revising Codes C and E and bringing Code G into operation is to reflect the introduction of modern digital and visual recording equipment for the electronic recording of interviews of suspects at police stations.
The amendments to Codes C and E are mainly textual amendments which replace references to tape recordings with references to audio recordings. Other amendments are consequential to reflect the technical change in the type of digital recording equipment that will be used. The Order makes transitional provisions to the effect that the amendments to these Codes will apply to people in detention on, and to interviews carried out on the date the Order comes into force, notwithstanding that the detention or the interview commenced before that date.
The opportunity is also taken to amend Code C in relation to the treatment of persons not of full age, so that persons under the age of 18 (raised from age 17) are treated as juveniles. The aim of this amendment is to comply with the United Nations Convention on the Rights of the Child.
Code D is amended so as to remove various references to "civilian support staff" and "approved person", which are not at present relevant for the purposes of the Code.
At present in Code D, only an inspector or an officer of higher rank is responsible for conducting identification procedures (the "identification officer"). This Order therefore amends this Code so as to enable the identification officer to delegate his or her identification procedure functions to an officer below the rank of inspector. A transitional provision is made to the effect that where the identification process has started before this Order comes into force, that process shall continue for the purpose of concluding the identification.
New Code G which is added to the Schedule to the principal Order, sets out the procedures that police officers are expected to follow when conducting interviews that are being visually recorded. A number of the provisions applicable to procedures conducted under Code C apply to Code G.
The Order was made on 25th January 2013 and comes into force 7 days after being made.
R&O.10/2013.
This Order further amends the Road Traffic (Public Parking Places) (Jersey) Order 2006 (referred to in this Order, by virtue of Article 1, as "the Order"), to add the Elephant Car Park in St. Brelade to the list of public parking places specified in Schedule 1 to that Order (Article 2).
Article 3 amends Schedule 2 to the Order: the effect of this amendment is that the maximum parking period at the Elephant Car Park is 3 hours during any one visit, with the requirement that a valid parking disc should be displayed on a vehicle parked there between 8 a.m. and 5 p.m. on any day except Sunday.
Article 4 gives the title for this Order and provides for its commencement 7 days after it is made. The Order was made on 25th January 2013 and comes into force on 1st February 2013.
R&O.11/2013.
This Order further amends the Road Traffic (Public Parking Places – Charges) (Jersey) Order 2010, to uprate the charges for parking imposed by that Order by 3.1%, in line with the retail price index increase in Jersey as at September 2012. The increased rates will be in force from 1st February 2013.
The Order was made on 25th January 2013 and comes into force on 1st February 2013.
R&O.12/2013.
This Order gives effect to –
- Commission Implementing Regulation (EU) No. 1251/2012 of 20th December 2012 (OJ No. L 352/42, 21.12.2012); and
- Commission Implementing Regulation (EU) No. 53/2013 of 22nd January 2013 (OJ No. L 20/46, 23.1.2013).
Those Implementing Regulations amend Council Regulation (EC) No. 1183/2005 of 18th July 2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ No. L 193/1, 23.7.2005). They do so by amending the list of persons in Annex I to that Council Regulation whose funds and economic resources are frozen.
The Order was made on 25th January 2013 and came into force on 26th January 2013. R&O.13/2013.
This Order gives effect to Council Regulation (EU) No. 50/2013 of 22nd January 2013 (OJ No. L 20, 23.1.2013, p. 29), which amends Council Regulation (EU) No. 204/2011 of 2nd March 2011 concerning restrictive measures in view of the situation in Libya, by amending the lists of persons in Annexes II and III of that Regulation whose funds and economic resources are frozen.
The Order was made on 25th January 2013 and came into force on 26th January 2013. R&O.14/2013.
This Order substitutes the form prescribed for an application for a fire certificate under the Fire Precautions (Jersey) Law 1977 (the "Law"). The substituted form amends question 4, which requires information about the premises requiring a fire certificate.
The Order was made on 28th January 2013 and came into force on 29th January 2013.