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STATES OF JERSEY ORDER PAPER
17th JANUARY 2017 SUMMARY
The meeting will be preceded by a short service for members at 9.30 a.m. at the Parish Church of St. Helier .
Approx. 10.30 a.m. Communications by the Presiding Officer and other announcements
Appointments, matters of privilege, petitions (if any)
Approx. 10.40 a.m. Summary of written questions
Up to 2 hours Oral questions with notice
Urgent questions (if any)
2.15 p.m. Oral questions without notice:
Up to 30 minutes, Minister for Health and Social Services
divided between the Minister for Economic Development, Tourism, Sport and two Ministers Culture
Statements (if any)
Approx. 2.45 p.m. Ann Alice Rayner Fund: alteration of purpose (P.116/2016)
Ann Alice Rayner Fund: alteration of purpose (P.116/2016) – amendment (P.116/2016 Amd.)
Television Licence Fee: exemption for Jersey residents aged 75 and over (P.117/2016)
Draft Opticians (Registration) (Amendment No. 2) (Jersey) Law 201- (P.120/2016)
Jersey Overseas Aid Commission: re-appointment of Commissioner (P.121/2016)
Draft Public Elections (Amendment No. 7) (Jersey) Law 201- (P.124/2016)
Draft Public Elections (Amendment No. 8) (Jersey) Law 201- (P.125/2016)
Draft Amendment (No. 30) of the Standing Orders of the States of Jersey (P.126/2016)
Taxation of High Value Residents (P.127/2016)
Draft Sea Fisheries (Amendment No. 3) (Jersey) Law 201- (P.128/2016) Draft Animal Health (Jersey) Law 2016 (Appointed Day) Act 201- (P.129/2016)
Future Hospital Funding Strategy (P.130/2016)
Future Hospital Funding Strategy (P.130/2016): amendment (P.130/2016 Amd.)
Note: Because of the requirement for a two-week lodging period, the amendment of the Connétable of St. John cannot be debated before Wednesday 18th January 2017 unless the Assembly agrees to reduce the lodging period to allow the debate to take place on Tuesday 17th January 2017.
Future Hospital Funding Strategy (P.130/2016): amendment (P.130/2016 Amd.) – amendment (P.130/2016 Amd.Amd)
Note: Because of the requirement for a one-week lodging period, the amendment of the Minister for Treasury and Resources to the amendment of the Connétable of St. John cannot be debated before Friday 20th January 2017 unless the Assembly agrees to reduce the lodging period to allow the debate to take place on Tuesday 17th January 2017.
Draft Animal Health (Consequential Amendments) (Jersey) Regulations 201- (P.131/2016)
Draft Prison (Independent Prison Monitoring Board) (Jersey) Regulations 201- (P.132/2016)
Arrangement of public business at subsequent sittings
Lunch adjournment likely around 12.45 p.m., until 2.15 p.m.
If business is not completed by around 5.30 p.m. the Assembly usually adjourns for the evening and will resume its meeting at 9.30 a.m. on Wednesday 18th and Thursday 19th January 2017 if necessary.
STATES OF JERSEY ORDER PAPER
17th JANUARY 2017
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
Education (Discretionary Grants – General) (Amendment No. 5) (Jersey) Order R&O.132/2016. 2016.
Environment (2017 Fees) (Jersey) Order 2016. R&O.136/2016. Minister for the Environment.
Minister for External Relations.
Social Security (Health Bonus Scheme) (Jersey) Order 2016. R&O.141/2016. Minister for Social Security.
- DOCUMENTS PRESENTED
Draft Employment of States of Jersey Employees (Amendment No. 8) (Jersey) P.105/2016. Regulations 201- (P.105/2016): amendment (P.105/2016 Amd.) – comments. Amd.Com. Presented: 12th January 2017, Corporate Services Scrutiny Panel.
Land Transactions under Standing Order 168(3) – Oxford Road Workshop and R.133/2016. 9 Chevalier Road – sale.
Presented: 21st December 2016, Minister for Infrastructure.
Oxera Report on the Jersey gas market. R.1/2017. Presented: 4th January 2017, Chief Minister.
Land Transactions under Standing Order 168(3) – Astral House, 74 Great Union R.2/2017. Road, St. Helier – sale.
Presented: 6th January 2017, Minister for Infrastructure.
Jersey Innovation Fund. R.3/2017. Presented: 12th January 2017, Comptroller and Auditor General.
Policing Plan 2017. R.4/2017. Presented: 13th January 2017, Minister for Home Affairs.
- NOTIFICATION OF LODGED PROPOSITIONS
Future Hospital Funding Strategy (P.130/2016): amendment (P.130/2016 Amd.) – P.130/2016. amendment. Amd. Lodged: 13th January 2017, Minister for Treasury and Resources. Amd.
Composition and Election of the States Assembly (P.133/2016): amendment. P.133/2016. Lodged: 13th January 2017, Senator P.F.C. Ozouf . Amd.
States of Jersey Law 2005: proposed amendment – States Members' qualifications P.138/2016. for election.
Lodged: 20th December 2016, Deputy M.R. Higgins of St. Helier .
Draft States of Jersey Police Force (Chief Officer and Deputy Chief Officer) P.139/2016. (Jersey) Regulations 201-.
Lodged: 30th December 2016, Minister for Home Affairs.
Draft States of Jersey Police Force (Police Negotiating Board) (Jersey) Regulations P.140/2016. 201-.
Lodged: 30th December 2016, Minister for Home Affairs.
Draft Criminal Justice (Compensation Orders) (Amendment No. 3) (Jersey) Law P.2/2017. 201-.
Lodged: 10th January 2017, Chief Minister.
- WITHDRAWAL OF LODGED PROPOSITIONS
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions(attached)
1(1) 1. The Chief Minister will table an answer to a question asked by the Deputy of Grouville regarding
the extension of Freedom of Information legislation to States-owned companies.
1(3) 2. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier
regarding the minimum wage and a national living wage.
1(4) 3. The Minister for Infrastructure will table an answer to a question asked by the Deputy of Grouville
regarding the undertaking of design competitions for architecture and landscape schemes.
1(5) 4. The Minister for Infrastructure will table an answer to a question asked by the Deputy of Grouville regarding the Department's procurement policy for landscape architects tendering for States work.
1(6) 5. The Minister for Infrastructure will table an answer to a question asked by the Deputy of Grouville
regarding the architecture firm selected to design the landscape scheme at La Collette.
1(7) 6. The Minister for Health and Social Services will table an answer to a question asked by Deputy
J.A. Hilton of St. Helier regarding implementation of the recommendations of the Williamson Report'.
1(8) 7. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier
regarding income inequality.
1(9) 8. The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern
of St. Helier regarding the withholding of Income Support.
1(10) 9. The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding a review in respect of primary health care services in the Island.
1(11) 10. The Chief Minister will table an answer to a question asked by Deputy J.A. Hilton of St. Helier
regarding population policy and the work of the Housing and Work Advisory Group.
1(12) 11. The Minister for Education will table an answer to a question asked by Deputy J.A. Hilton of
St. Helier regarding the future use of the existing Police Headquarters in relation to Rouge Bouillon School.
1(13) 12. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to a
question asked by Deputy S.Y. Mézec of St. Helier regarding the resignation of the Department's Chief Officer.
1(14) 13. The Minister for Treasury and Resources will table an answer to a question asked by Deputy
S.Y. Mézec of St. Helier regarding High Value Residents.
1(15) 14. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to a
question asked by Deputy S.Y. Mézec of St. Helier regarding the introduction of legislation which has had an effect on promoting economic growth.
1(16) 15. The Minister for Home Affairs will table an answer to a question asked by Deputy S.Y. Mézec of
St. Helier regarding the impact of policy changes inspired by the 1,001 Critical Days Manifesto'. 1(17) 16. The Minister for Social Security will table an answer to a question asked by Deputy S.Y. Mézec of
St. Helier regarding the proportion of new jobs taken by workers with less than 5 years' residency. 1(18) 17. The Minister for Education will table an answer to a question asked by Deputy M. Tadier of
St. Brelade regarding the turnover of staff in non-private primary schools.
1(19) 18. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to a
question asked by Deputy M. Tadier of St. Brelade regarding the play park at Les Quennevais playing fields.
1(20) 19. The Minister for Home Affairs will table an answer to a question asked by Deputy M. Tadier of
St. Brelade regarding the conditions placed on Mr. Bronx and his owners.
1(21) 20. The Minister for External Relations will table an answer to a question asked by Deputy M. Tadier
of St. Brelade regarding the mutual exchange and recognition of driving licences between Romania and Jersey.
1(22) 21. The Chief Minister will table an answer to a question asked by Deputy M. Tadier of St. Brelade
regarding the population of each parish.
1(23) 22. The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern
of St. Helier regarding the sanctions system for those on Income Support.
1(24) 23. The Minister for Health and Social Services will table an answer to a question asked by Deputy
J.A. Hilton of St. Helier regarding waiting times for consultant appointments.
1(25) 24. The Chief Minister will table an answer to a question asked by the Deputy of St. John regarding the
impact of falling wages on living standards.
1(26) 25. The Minister for Treasury and Resources will table an answer to a question asked by the Deputy of
St. John regarding structural pressures on the States' finances.
1(27) 26. The Minister for Social Security will table an answer to a question asked by the Deputy of St. John
regarding expenditure on the housing component of Income Support.
1(28) 27. The Minister for Education will table an answer to a question asked by the Deputy of St. John
regarding a cost breakdown for Highlands College.
1(29) 28. The Chief Minister will table an answer to a question asked by the Deputy of St. John regarding
grievances filed by States of Jersey employees.
1(30) 29. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier
regarding zero-hour contracts with no minimum hours guaranteed.
1(31) 30. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier
regarding the termination agreement with the former Chief Officer of the Department of Economic Development, Tourism, Sport and Culture.
1(32) 31. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier
regarding the role and powers of the States Employment Board.
1(33) 32. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier
regarding the termination of contract of employment of Mr. Alwitry.
1(34) 33. The Minister for Health and Social Services will table an answer to a question asked by Senator
S.C. Ferguson regarding the properties of the Le Seelleur bequest'.
1(35) 34. The Minister for Health and Social Services will table an answer to a question asked by Senator S.C. Ferguson regarding plans to move patients from Orchard House to Clinique Pinel.
1(36) 35. The Minister for Social Security will table an answer to a question asked by Senator S.C. Ferguson
regarding potential plans to freeze the allowances for patients in residential and care homes.
1(37) 36. The Minister for the Environment will table an answer to a question asked by Senator S.C. Ferguson
regarding the application of heritage policies to residential properties.
1(38) 37. The Chief Minister will table an answer to a question asked by Senator S.C. Ferguson regarding
Oxera Report on the Jersey Gas Market' (R.1/2017).
- – Oral Questions (120 minutes)
1(2) 1. Deputy K.C. Lewis of St. Saviour will ask the following question of the Chief Minister –
"What steps, if any, is the Chief Minister taking to ensure that the people of Jersey get a fair deal with regard to gas and other heating costs?"
1(45) 2. Deputy J.A.N. Le Fondré of St. Lawrence will ask the following question of the Chief Minister –
"Will the Chief Minister, as Chairman of the States Employment Board, advise when the first attempt was made to lodge Amendment No. 8 to the Draft Employment of States of Jersey Employees (Jersey) Regulations 201- ; and outline what consultation, if any, had taken place with the Crown Officers prior to any such initial attempt?"
1(39) 3. Deputy J.A. Martin of St. Helier will ask the following question of the Chief Minister –
"Following the Assembly's adoption of P.53/2016, will the Chief Minister update members on how he proposes Assistant Ministers should be elected after the 2018 elections; will he ensure that this information is in the public domain before the Assembly decides whether or not to reduce the number of States Members; and, if not, when will he make it available?"
1(47) 4. Senator S.C. Ferguson will ask the following question of the Minister for Health and Social
Services –
"Will the Minister advise whether or not Orchard House is expected to close and, if so, when?" 1(41) 5. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –
"Following the presentation of R.3/2017, does the Chief Minister accept the criticism at paragraph 4.5 of the report regarding the Ministerial Response to S.R.4/2013, which quantified risks relating to the Jersey Innovation Fund as 20% of loans not securing their objectives and 10% not being repaid, whereas Financial Directions quantified the risk of the latter as 50%; and, if so, does he personally accept political responsibility for the response's shortcomings?
1(53) 6. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Treasury and
Resources –
"In light of the report presented by the Comptroller and Auditor General, R.3/2017, in relation to the Jersey Innovation Fund, what responsibility, if any, does the Minister hold for addressing any of the weaknesses in relation to the roles of accounting officers identified in the report; and, if none, why not?
1(43) 7. Deputy M. Tadier of St. Brelade will ask the following question of the Chief Minister –
"Does the Chief Minister accept the findings of the Comptroller and Auditor General in R.3/2017 regarding the Jersey Innovation Fund, that provisions relating to the use of royalties were not implemented and that other risk-mitigation measures she has identified were not included; and will he accept political responsibility for the weaknesses in risk management which have been identified; and explain what action, if any, he will take to address them?"
1(44) 8. The Connétable of St. John will ask the following question of the Chief Minister –
"Will the Chief Minister confirm whether or not negotiations for the 2015 public sector pay award have been concluded?"
1(49) 9. Deputy S.Y. Mézec of St. Helier will ask the following question of the Chief Minister –
"Following the presentation of R.3/2017 in respect of the Jersey Innovation Fund, will the Chief Minister explain whether or not he was aware of the circumstances described in the third to sixth bullet points of paragraph 2.8 of that report, "where arrangements were only partially complied with or where the requirements were contested by key players", and what action, if any, will he take as a result?"
1(40) 10. Deputy J.A. Martin of St. Helier will ask the following question of the Minister for Housing –
"Will the Minister advise what, if any, policy decisions she has made in order to ensure that there is sufficient stock of housing with more than 3 bedrooms to meet the current needs of Islanders; and has she communicated this to Andium Homes in order that it desists from selling its stock of housing with more than 3 bedrooms?"
1(52) 11. Deputy K.C. Lewis of St. Saviour will ask the following question of the Minister for Economic
Development, Tourism, Sport and Culture –
"Further to reports that children have gained access to the old cable car station at Fort Regent, will the Minister undertake to tighten up security at the Fort to avoid a fatality?
1(54) 12. Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –
"Will the Chief Minister advise how Ministers hold civil servants to account for their actions and state what action, if any, he will take to enhance the means by which Ministers perform this function?"
1(48) 13. Senator S.C. Ferguson will ask the following question of the Minister for the Environment –
"Will the Minister implement an independent review of the planning and building policies which are currently applied to historic buildings used for residential purposes and, if so, when?
1(50) 14. Deputy S.Y. Mézec of St. Helier will ask the following question of the Chief Minister –
"Following the presentation of R.3/2017 by the Comptroller and Auditor General in relation to the Jersey Innovation Fund, will the Chief Minister confirm he accepts the validity of the criticism at paragraphs 3.3 and 3.4 of the report, that essential information was not provided to the Assembly to inform its decision making; and, if so, will the Chief Minister accept personal responsibility for those shortcomings; and if not, why not?
1(51) 15. Deputy M. Tadier of St. Brelade will ask the following question for the Minister for the
Environment –
"Are levels of pollution in the Tunnel monitored, and if so, how often; when was the last testing done and what were the results?"
1(46) 16. Deputy J.A.N. Le Fondré of St. Lawrence will ask the following question of the Chief Minister –
"Will the Chief Minister, as Chairman of the States Employment Board, outline the process followed by his Department in preparing and lodging P.105/2016?
1(42) 17. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –
"Given the findings of R.3/2017 that members of the Jersey Innovation Fund Board had more than once "asserted that they did not have the time or expertise to undertake the key task of monitoring loans", for what reasons did the Assistant Chief Minister tell the Assembly on 14th June 2016 that the Fund's due diligence included full and detailed analyses of business plans often carried out by experts and entrepreneurs?"
- – Questions to Ministers without notice (30 minutes) –
1st question period – Minister for Health and Social Services
2nd question period – Minister for Economic Development, Tourism, Sport and Culture
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
- PUBLIC BUSINESS
Note: Because of the requirement for a two-week lodging period the amendment lodged by the Connétable of St. John cannot be debated before Wednesday 18th January 2017. If other business on the Order Paper for the 17th January 2017 is completed before the 18th January, the Connétable has indicated that he will seek the agreement of the Assembly, under Standing Order 26(7) to reduce the lodging period in order that this matter can be debated at that meeting.
Future Hospital Funding Strategy (P.130/2016): amendment (P.130/2016 Amd.) – P.130/2016. amendment. Amd. Lodged: 13th January 2017, Minister for Treasury and Resources. Amd.
Note: Because of the requirement for a one-week lodging period the amendment lodged by the Minister for Treasury and Resources to the amendment of the Connétable of St. John cannot be debated before Friday 20th January 2017. If other business on the Order Paper for the 17th January 2017 is completed before the 20th January, the Minister has indicated that he will seek the agreement of the Assembly, under Standing Order 26(7) to reduce the lodging period in order that this matter can be debated at that meeting.
States of Jersey Law 2005: proposed amendment – States Members' qualifications P.138/2016. for election.
Lodged: 20th December 2016, Deputy M.R. Higgins of St. Helier .
- ARRANGEMENT OF PUBLIC BUSINESS 31st January 2017
Composition and Election of the States Assembly (P.133/2016): amendment. P.133/2016. Lodged: 13th January 2017, Senator P.F.C. Ozouf . Amd.
14th February 2017
Lodged: 5th October 2016, States Employment Board.
Draft Employment of States of Jersey Employees (Amendment No. 8) (Jersey) P.105/2016. Regulations 201- (P.105/2016): amendment (P.105/2016 Amd.) – comments. Amd.Com. Presented: 12th January 2017, Corporate Services Scrutiny Panel.
Draft States of Jersey Police Force (Chief Officer and Deputy Chief Officer) P.139/2016. (Jersey) Regulations 201-.
Lodged: 30th December 2016, Minister for Home Affairs.
Draft States of Jersey Police Force (Police Negotiating Board) (Jersey) P.140/2016. Regulations 201-.
Lodged: 30th December 2016, Minister for Home Affairs.
14th March 2017
Draft Criminal Justice (Compensation Orders) (Amendment No. 3) (Jersey) Law P.2/2017. 201-.
Lodged: 10th January 2017, Chief Minister.
20th June 2017
DR. M. EGAN Greffier of the States
12th January 2017 Note –
In accordance with the meeting dates fixed for 2017 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday 18th and Thursday 19th January 2017.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.126/2016.
Inquests and Post-Mortem Examinations (Amendment No. 9) Rules 2016.
The effect of the Rules is to increase the rates of fees and costs for inquests and post-mortems in accordance with the following Table –
Description | Current Rate | Revised Rate |
Post-mortem examination | £112.00 | £128.60 |
Special post-mortem examination | £250.00 | £287.00 |
Witness fee for pathologist | £83.00 | £95.30 |
Witness fee for other doctors | £62.00 | £71.20 |
Medical report | £57.00 | £65.45 |
Juror | £17.00* | £19.50* |
Witness loss of earnings (per half-day) | £53.50** | £61.50** |
Histological examination of tissue samples | £18.50 | £21.25 |
(*per day) (**per half day)
The Rules were made by the Superior Number of the Royal Court on 12th December 2016 and come into force on 1st January 2017.
R&O.129/2016.
EU Legislation (Sanctions – Syria) (Amendment No. 4) (Jersey) Order 2016.
This Order gives effect to Council Regulation (EU) 2016/2137 of 6 December 2016 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ L 332, 7.12.2016, p.3). The effect of the amending Regulation is to allow for the purchase and transport of oil and petroleum products and the related provision of financing or financial assistance in Syria by clearly defined categories of persons and entities for the sole purpose of providing humanitarian relief or assistance to the civilian population in Syria. The amending Regulation also amends the relevant associated exceptions to the restrictions on the freezing of funds and economic resources. This Order gives effect to the changes in Jersey.
The Order was made on 16th December 2016 and came into force on the day it was made.
R&O.130/2016.
Teachers' Superannuation (Miscellaneous Amendments) (Jersey) Order 2016.
Articles 2 to 6 contained in Part 1 of this Order set out various amendments to the Teachers' Superannuation (Existing Members) (Jersey) Order 1986 (the "1986 Order" as defined in Article 1).
Articles 8 to 14 contained in Part 2 of this Order set out various amendments to the Teachers' Superannuation (New Members) (Jersey) Order 2007 (the "2007 Order" as defined in Article 7).
Articles 16 to 18 contained in Part 3 of this Order set out various amendments to the Teachers' Superannuation (Administration) (Jersey) Order 2007 (the "Administration Order" as defined in Article 15).
Article 2 inserts a new Article 19A into the 1986 Order the effect of which is to discontinue the method by which added years may be purchased under Section B of Part 2 of the 1986 Order. This discontinuance, however, does not affect any teacher who is purchasing added years under Section B before the coming into force of this Order. Those arrangements would continue as they are and would not prevent any such teacher from also purchasing added years under the new arrangements introduced by new Article 32A as inserted by Article 3 of this Order.
Article 3 inserts some new headings within Part 2 of the 1986 Order so as to introduce a new Section B1 and a new Article 32A which provides for a new method by which additional voluntary contributions may be made by teachers for the purchase of added years.
Article 4 replaces Article 44 of the 1986 Order so as to give effect to the requirements of Article 131(12) of the Income Tax (Jersey) Law 1961 (the "Income Tax Law") so that a teacher who ceases employment (but not on retirement) is only entitled to claim a full refund of his or her pension contributions if he or she has been a member of the Teachers' Superannuation Scheme (the "Scheme") for less than 5 years. Presently, under the 1986 Order, full refunds can be claimed regardless of length of membership in the Scheme. Replaced Article 44 also includes provisions (currently contained in Articles 45 and 46) for the calculation of refunds together with the application of compound interest and for the payment of a refund to a teacher's personal representatives in the event of his or her death.
Article 5 revokes Articles 45 to 49 of the 1986 Order. Some of the provisions in those Articles are now included within Article 44 and others are lapsed or no longer required.
Article 6 replaces Articles 59A and 59B of the 1986 Order. Substituted Article 59A is brought into line with Article 131CE of the Income Tax Law, so as to enable a teacher or former teacher (i.e. a teacher who has left employment as a teacher, other than by reason of retirement) who has only accrued a small amount of retirement benefits, to apply to the Management Board to exchange the whole of that amount for a lump sum payment not exceeding £30,000. But, such an exchange is not permitted if the capital value of the accrued benefits includes any amount transferred in from another pension scheme. For income tax purposes, 30% of the lump sum would be tax free and 70% would be taxable at 10%. The exchange is subject to the member being at least age 60 at the time the application is made, his or her retirement benefits not being in payment, and the value of those benefits when aggregated with any other lump sum that the teacher may have previously received by way of exchange not exceeding £30,000. Payment of the lump sum would become due on the day after the teacher ceases employment as a teacher, or in the case of a former teacher, within 3 months of the date of the application to the Management Board. Payment of the lump sum would extinguish the teacher's rights as well as the rights of any person contingently entitled to any survivor benefits under the Scheme.
Substituted Article 59B mirrors the provisions of Article 131(13) and (14) of the Income Tax Law and would enable a former teacher whose accrued retirement benefits are not in payment, to exchange the whole of those benefits for a lump sum payment. This is provided the teacher's former employer is not making pension contributions on his or her behalf to another pension scheme and that the value of the exchanged retirement benefits does not exceed £18,000. Payment of the lump sum would extinguish the member's rights as well as the rights of any person contingently entitled to any survivor benefits under the Scheme. The effect of this Article would ensure that the Scheme complies with the Jersey occupational pension scheme approval requirements for the purposes of Article 131 of the Income Tax Law.
Article 8 amends Article 7 of the 2007 Order so as to remove the age restrictions to becoming a member of the Scheme. Presently, teachers under the age of 20 or within 5 years of normal retiring age are not eligible to become members of the Scheme.
Article 9 makes minor consequential amendments to Article 8 of the 2007 Order relating to Article 22 of that Order (entitlement to refund of contributions).
Article 10 replaces Article 12 of the 2007 Order concerning the making of additional voluntary contributions by teachers, the effect of that substituted provision being analogous with Article 32A of the 1986 Order as substituted by Article 3. Replaced Article 12 also includes a saving and transitional provision to deal with AVCs paid before the coming into force of this Order which are similar in effect to new Article 19A of the 1986 Order.
Article 11 replaces Articles 20 and 21 of the 2007 Order. These Articles are recast so as to make clearer separate provision as to the benefits to which a teacher is entitled after leaving employment as a teacher (other than on retirement). Replaced Article 20 is now only concerned with a teacher's entitlement to a deferred pension where he or she leaves employment with more than 2 years' service. Replaced Article 21 is only concerned with a teacher's entitlement to a transfer value payment which is now no longer subject to a minimum qualifying service period or subject to an application for a transfer being made within12 months of leaving employment.
Article 12 amends Article 22 of the 2007 Order so that this provision is now only concerned with a teacher's entitlement to a full refund of his or her contributions to the Scheme if he or she leaves employment having completed less than 5 years' service. Contributions in relation to another pension received through a transfer payment into the Scheme are no longer included within the calculation of the refund payment.
Article 13 amends Article 33 of the 2007 Order so that up to 30% of a member's pension may be converted into a lump sum payment on retirement. This increase, from 25%, is in line with the conversion amount presently permitted under Article 131CF of the Income Tax Law.
Article 14 replaces Articles 34 and 34A of the 2007 Order concerning the conversion of retirement benefits into lump sum payments not exceeding £30,000 or £18,000 (as the case may be) the effect of those substituted provisions being analogous with Articles 59A and 59B of the 1986 Order as substituted by Article 6.
Article 16 amends Article 1 of the 2007 Order so as to introduce some new definitions for the purposes of some new expressions appearing in Articles 20 and 21 of that Order.
Article 17 amends Article 20 of the Administration Order the effect of which is to bring references to annuities and pension schemes into line with current references contained in Part 19 of Income Tax Law, and to ensure that the Scheme –
- complies with the requirements of UK tax legislation concerning the transfer of individual pension benefits from UK pension schemes; and
- for the purposes of meeting Her Majesty's Revenue and Customs reporting requirements, retains qualifying recognized overseas pension scheme ("QROPS") status.
The Finance Act 2004 (c.12) of the United Kingdom (the "2004 Act") specifies which transfers may be made without adverse tax consequences. These transfers are known as "recognized transfers" and are what is known as a type of "authorized member payment". To be an authorized member payment, transfers must be made to either a registered pension scheme or a QROPS.
Under the 2004 Act, a recognized overseas pension scheme is an overseas pension scheme that meets the requirements prescribed under the Pension Schemes (Categories of Country and Requirements for Overseas Pension Schemes) Regulations 2006 of the United Kingdom (S.I. 2006/206). The main requirements which must be satisfied are that –
- at the time of the transfer, the rules of the receiving scheme provide that at least 70% of the transferred sum representing the value of the member's accrued pension benefits in the ceding pension fund will be designated by the receiving scheme manager for the purpose of providing the member with an income for life; and
- the pension benefits in respect of the designated sum transferred cannot be paid until the member –
- is at least 55 years old, or
- has left employment and retired early because of ill-health (this is known as "pension rule 1" which is set out in section 165 of the 2004 Act. Paragraph 1 of Schedule 28 to that Act sets
out the requirements concerning retirement on the grounds of ill-health (the "ill-health condition test")).
The Chief Minister is required to give an undertaking that the value of a transfer into the fund under this Article will not result in benefits of an amount less than would be guaranteed as the minimum payable under the Pensions Schemes Act 1993 of the United Kingdom.
Article 18 makes consequential amendments to Article 21 of the Administration Order (concerning the transfer out of retirement benefits) which flow from the new references to pension schemes referred to in Article 20. The opportunity is also taken to make some minor clarificatory amendments.
Article 19 provides for the title of this Order and for it to come into force 7 days after it is made. The Order was made on 16th December 2016 and came into force on 23rd December 2016.
R&O.131/2016.
Social Security (Christmas Bonus 2016) (Jersey) Order 2016.
Article 1 of this Order specifies the amount of the Christmas bonus which is payable for 2016 in accordance with Regulation 9 of the Social Security (Christmas Bonus) (Jersey) Regulations 2016. Regulation 9(1) defines a class of persons entitled to receive a Christmas bonus in December 2016 (that is, all persons who on 1st November 2016 are entitled to receive payment under the Jersey 65+ Health Plan as defined in those Regulations).
Article 2 gives the title by which this Order may be cited and provides for it to come into force on the day on which it is made.
The Order was made on 16th December 2016 and came into force forthwith on being made.
R&O.132/2016.
Education (Discretionary Grants – General) (Amendment No. 5) (Jersey) Order 2016.
This Order amends the Education (Discretionary Grants – General) (Jersey) Order 2008, referred to in Article 1 as the "principal Order".
Article 3 amends Article 7 of the principal Order by removing the reference to Oxford University which now no longer charges college fees.
Article 4 amends Article 15 of the principal Order to clarify that eligibility for a disabled student allowance is dependent upon whether a student is eligible to be considered for a grant and not upon whether a student has actually been awarded a grant.
Article 5 amends Article 17 of the principal Order the effect of which is to set a deadline of not later than 31st December of the academic year to which an application for a grant or allowance relates, for the submission of that application. A deadline of not later than 31st March of the academic year to which an application relates is set for the submission of information relating to a student's relevant income and relevant assets for the purpose of determining an application under Article 17.
Article 6 substitutes Article 19 of the principal Order so that if a student fails his or her course this will result in the withdrawal or stopping of the grant or allowance.
Article 7 substitutes Article 21 of the principal Order so as to clarify the scope of the undertaking to repay a grant or allowance which must be given by a student, or a parent of a student who is under the age of 18, before a grant or allowance is paid in respect of a course. A transitional provision is made so as to preserve any undertakings given before the coming into force of this Order.
Article 8 substitutes Article 23 of the principal Order so as to clarify that an undertaking, given under Article 21, also applies in a case where a grant or allowance is withdrawn under Article 23.
Article 9 amends Article 24 of the principal Order so as to update the title of "Director of Education, Sport and Culture" to "Chief Officer" within the meaning of Article 1(1) of the Education (Jersey) Law 1999. It also clarifies the grounds upon which a person may appeal against a decision taken under the principal Order, so that instead of being able to appeal for any reason, a person may now only appeal if either or both of the following are disputed –
- the facts upon which the decision was based; or
- the law applied in reaching the decision.
Article 10 gives the title of this Order and provides for its commencement.
The Order was made on 19th December 2016 and came into force on 1st January 2017
R&O.133/2016.
States of Jersey Police Force (General Provisions) (Jersey) Order 2016.
This Order makes provision for the appointment, promotion, governance and administration of police officers of the States of Jersey Police Force ("Force") and replaces the Police Force (General Provisions) (Jersey) Order 1974.
Article 1 sets out the criteria for appointment to the Force. These relate to such things as physical fitness, achieving any educational and professional qualifications determined by the Minister for Home Affairs and passing the relevant assessment tests.
Article 2 requires a police officer to carry out all lawful orders and to be prompt and punctual at all time in the exercise of his or her duties.
Article 3 sets out the 7 ranks of police officer in the Force.
Article 4 prevents a person from being appointed to the Force if he or she or a family member has a licence under the Licensing (Jersey) Law 1974 (disregarding any residential licence or off-licence held by a family member) or a licence under the Gambling (Jersey) Law 2012.
Article 5 makes provision for a police officer to have a 2 year probation period.
Article 6 makes provision for the promotion of a police officer by the Minister on the recommendation of the Chief Officer. It also makes provision for a police officer participating in the high potential development scheme in the United Kingdom (known as the "HPD" scheme) to be promoted to a higher rank whether or not a vacancy for that rank in the Force exists.
Article 7 requires a police officer to have his or her fingerprints and a sample of hair, saliva or a mouth swab taken and for those samples to be checked against other samples before appointment. This Article does not apply to a candidate from another police force in the British Islands.
Article 8 requires a police officer to have fingerprints and a sample taken following appointment, other than a police officer who has already had this done under Article 7.
Article 9 makes provision for the Chief Officer to provide each police officer with his or her uniform and for its return on leaving the Force.
Article 10 sets out what must be contained in the personal record of a police officer such as physical description, date of birth, and any promotions.
Article 11 prevents a police officer from taking part in activities which could interfere, or give an impression that they could interfere, with the impartial discharge of his or her duties and from taking any active part in politics or from belonging to any organization determined by the Minister.
Article 12 sets out what happens if a police officer or a family member holds any office or employment for gain, carries on any business or holds a licence under the Licensing (Jersey) Law 1974 or the Gambling (Jersey) Law 2012. The police officer must inform the Chief Officer who must then appoint another police officer to take a view as to whether or not such a business interest is compatible with the police officer remaining a member of the Force with or without conditions being imposed. Provision is made for the police officer to appeal against any decision that the business interest is not so compatible. If the Chief Officer upholds the decision that the business interest is not so compatible, or the police officer decides not to appeal against such a decision, the decision is deemed to be a lawful order for the purposes of the Discipline Code set out in Schedule 1 to the Police (Complaints and Discipline Procedure) (Jersey) Order 2000 and disciplinary proceedings will follow if the police officer does not abide by the decision.
Article 13 sets out a savings provision in respect of police pensions under Article 10 of the Police Force (General Provisions) (Jersey) Order 1974 ("1974 Order"). Such pension provision applies only to police officers who did not become members of the Public Employees Contributory Pension Scheme. The 1974 Order was made under Article 8 of the Police Force (Jersey) Law 1974 ("1974 Law"). Article 8 was repealed by the States of Jersey Police Force Law 2012 ("2012 Law") but under Article 3 of the States of Jersey Police Force (Transitional Provisions) (Jersey) Order 2014, Article 8 was treated as remaining in force until an Order is made under Articles 10 and 13 of the 2012 Law, that is, in effect, until the date that this Order comes into force. The effect of the repeal of Article 8 of the 1974 Law is that any Order made under it ceases to have effect. The savings provision in Article 13 means that any person who is or would become entitled to payment of a pension under Article 10 of the 1974 Order remains so entitled as if that Article remained in force.
Article 14 makes amendments to the Police (Complaints and Discipline Procedure) (Jersey) Order 2000 that are consequential to the lapse of the Police Force (General Provisions) (Jersey) Order 1974 following the repeal of Article 8 of the Police Force (Jersey) Law 1974 ("1974 Law") by the States of Jersey Police Force Law 2012.
Article 15 sets out the title of this Order and provides that it will come into force 7 days after it is made. The Order was made on 19th December 2016 and came into force on 26th December 2016.
R&O.134/2016.
States of Jersey Police Force (Performance and Attendance) (Jersey) Order 2016.
This Order sets out procedures for unsatisfactory performance or attendance of members of the States of Jersey Police Force of the rank of superintendent or below.
Part 1 – Preliminary
Article 1 is an interpretation provision.
Article 2 defines "attendance" and "performance" and related expressions. References to "attendance" are to the extent to which the ability of a police officer to do his or her job to a satisfactory standard is compromised by the amount of sick leave he or she takes. References to "performance" are to the extent to which a police officer performs the requirements of his or her job to a satisfactory level as assessed through performance appraisals.
Article 3 makes provision for a police friend to advise, represent or accompany any police officer involved in proceedings under this Order.
Part 2 – First stage meeting
Article 4 makes provision for a first stage meeting where a police officer's line manager considers the performance or attendance of a police officer to be unsatisfactory.
Article 5 sets out the arrangements for a first stage meeting including a requirement for the line manager to notify the police officer of the reasons for the meeting and for the parties to exchange any documents which are to be relied on at the meeting.
Article 6 makes provision for the police officer's line manager to conduct a first stage meeting.
Article 7 requires a line manager to notify a police officer of the outcome of a first stage meeting. If the line manager considers that the performance or attendance of the police officer has been unsatisfactory, the line manager must give the police officer a first stage improvement notice which sets out what improvement is needed within a specified period.
Part 3 – Second stage meeting
Article 8 makes provision for a second stage meeting where the line manager considers that there has been insufficient improvement in the performance or attendance of a police officer during the period specified in the first stage improvement notice.
Articles 9 and 10 make provision for setting a date for a second stage meeting and for the police officer to provide certain written information to the line manager prior to the meeting such as any matters or documents that he or she wishes the line manager to consider.
Article 11 makes provision for the line manager to select witnesses for the second stage meeting and Article 12 makes provision for a staff member of human resources and witnesses to attend that meeting.
Articles 13, 14 and 15 set out the procedures to be followed at a second stage meeting and make provision for giving the police officer a second stage improvement notice setting out what improvement is needed within a specified period if the line manager considers that the police officer's performance or attendance has continued to be unsatisfactory.
Part 4 – Third stage meeting
Article 16 makes provision for a third stage meeting where the line manager considers, in consultation with a staff member of human resources, that there has been insufficient improvement in the performance or attendance of a police officer during the period specified in a second stage improvement notice.
Articles 17 and 18 make provision for a panel to be appointed to conduct a third stage meeting, including a right for the police officer concerned to object to panel members. The police officer's second line manager (as defined in Article 1) is the panel chair or, if there is no such person, the Chairman of the Police Authority. The other 2 members are a senior staff member of human resources and either a police officer of a higher rank than the police officer whose performance or attendance is at issue or a chief officer of a States' department.
Articles 19 and 20 make provision for setting a date for a third stage meeting and for the police officer to provide certain written information to the panel chair prior to the meeting such as any matters or documents that he or she wishes the panel to consider.
Articles 21, 22, 23 and 24 make provision for the panel chair to select witnesses for the third stage meeting, attendance of witnesses at the meeting, who may be excluded from a third stage meeting and the procedure to be followed at the meeting.
Articles 25, 26, and 27 make provision for the panel to make a finding following a third stage meeting and for the possible outcomes if the panel finds that a police officer's performance or attendance has continued to be unsatisfactory. The possible outcomes are dismissal, reduction in rank or, in exceptional circumstances, extension of the second stage improvement notice. If the second stage improvement notice is extended provision is made so that, in effect, the procedures for a third stage meeting are repeated.
Part 5 – Appeals
Articles 28 to 30 make provision for an appeal against the outcome of a second stage appeal meeting to be heard by a senior manager who is defined in Article 1 as a States' employee who is equivalent in rank to the second line manager of the officer concerned. A human resources professional may attend the meeting to advise the senior manager. The senior manager may confirm or reverse the finding of unsatisfactory performance or attendance or vary the sanction appealed against.
Articles 31 to 35 make provision for an appeal against the outcome of a third stage meeting to be heard by a tribunal comprising 2 persons who are of the same rank or equivalent of the police officer's second line manager (one of whom is tribunal chair) and a senior staff member of human resources. The tribunal may confirm or reverse the panel's finding or vary the sanction appealed against.
Part 6 – Closing
Article 36 sets out the title of the Order and provides it will come into force 7 days after it is made. The Order was made on 19th December 2016 and came into force on 26th December 2016.
R&O.135/2016.
States of Jersey Police Force (Disposal of Property) (Jersey) Order 2016.
This Order makes provision for the disposal of property which comes into the possession of the States of Jersey Police Force ("Force") where the owner cannot be ascertained or found. The provisions of this Order are similar to those contained in the Police Force (Disposal of Property) (Jersey) Regulations 1975. Those Regulations, which were made under Article 20 of the Police Force (Jersey) Law 1974, lapse following the amendment made to Article 20 by the States of Jersey Police Jersey Law 2012. That amendment confined the scope of Article 20 to the Honorary Police only. Under Article 3 of the States of Jersey Police Force (Transitional Provisions) (Jersey) Order 2014, the Police Force (Disposal of Property) (Jersey) Regulations 1975 continue to apply to the Force until such time as this Order comes into force.
Article 1 makes provision for such property be disposed of by sale (including auction) at any time if it is a perishable item provided that the proceeds of sale are held by the Force for 3 months. Otherwise the item can be sold only after being held by the Force for 3 months. Any money that comes into the possession of the Force must be held for 3 months before being dealt with as if it were proceeds of sale under Article 4.
Article 2 makes provision where a person is convicted of an offence involving property which comes into the possession of the Force. Unless the property is perishable, 3 months must elapse following the date of conviction or conclusion of an appeal, if any, before the property can be disposed of under this Order.
Article 3 gives the Chief Officer a general power to compensate any person who has delivered property to the Force.
Article 4 requires any proceeds of sale of property disposed of under this Order to be credited to the annual income of the States after deduction of any expenses, including compensation under Article 3.
Article 5 sets out the title of this Order and provides that it will come into force 7 days after the day it is made.
The Order was made on 20th December 2016 and came into force on 27th December 2016.
R&O.136/2016.
Environment (2017 Fees) (Jersey) Order 2016.
This Order uprates, by an average of 2%, fees chargeable under a variety of enactments relating to planning and the environment.
Article 1 amends the Dangerous Wild Animals (Jersey) Law 1999 so as to uprate by 2% the fee chargeable for a licence under that Law. That fee was last increased on 1st January 2015.
Article 2 amends the Animal Welfare (Licence Fee) (Jersey) Order 2008 so as to uprate by between 1.15% and 2.04% various licence fees prescribed under that Order. Those fees were last increased on 1st January 2015.
Article 3 amends the Artificial Insemination of Domestic Animals (Bovine Semen) (Jersey) Order 2008 so as to uprate by between 1.11% and 1.89% various approval, inspection and licence fees prescribed under that Order. Those fees were last increased on 1st January 2015.
Article 4 amends the High Hedges (Application Fee) (Jersey) Order 2008 so as to uprate by 2% the application fee chargeable to assess the impact of a high hedge. That fee was last increased on 1st January 2016.
Article 5 –
- amends Article 2 of the Planning and Building (Fees) (Jersey) Order 2008 (the "Development Fees Order") so as to –
- uprate by 2.4% the maximum aggregate fee payable in respect of multiple applications for planning permission. That fee was last increased on 1st January 2016, and
- alter the percentages payable for the fee for an application for planning permission in outline only and detailed planning permission. Those are changed from 25% to 50% and 75% to 50% respectively. A transitional provision is also made so that anybody who has been granted outline planning permission before 1st January 2017 would still be required to pay the 75% application fee balance for detailed planning permission;
- introduces a new Article 2A into the Development Fees Order so as to provide for a new fee of £153 for each application to remove or vary a condition of planning permission. If there are more than 6 such applications, the fee is the equivalent of the total fees payable in respect of 6 applications. This new fee will not apply in respect of an application to remove or vary a condition of planning permission granted under a Development Order or where the permission is subject to a condition that the development, to which the permission relates, must be begun before the expiration of a specified period.
- amends Article 3 of the Development Fees Order so as to uprate by 1.81% the fee payable for a completion certificate. That fee was last increased on 1st January 2016;
- amends the table in Schedule 1 to the Development Fees Order relating to the application fees for planning permission so as to uprate those fees by between 1.72% and 2.20%;
- amends the table in Schedule 2 to the Development Fees Order in respect of the application fees for building permission so as to uprate those fees by between 1.83% and 2.22%.
The fees in both of these Schedules were last increased on 1st January 2016
Article 6 amends the table in Schedule 1 to the Waste Management (Fees) (Jersey) Order 2008 so as to uprate various licence, consignment note and registration fees by between 1.79% and 2.02%. Apart from the waste carriers triennial registration fee which was introduced on 1st January 2016, these fees were last increased on 1st January 2015.
Article 7 amends the Community Provisions (Bovine Embryos) (Fees) (Jersey) Order 2011 so as to uprate fees for approvals, certificates and inspections by between 1.08% and 2.08%. Those fees were last increased on 1st January 2015.
Article 8 amends the Community Provisions (Welfare of Animals during Transport) (Fees) (Jersey) Order 2014 so as to uprate fees for approvals, certificates and inspections prescribed by that Order by between 0.73% and 1.99%. Those fees were last increased on 1st January 2015.
Article 9 amends the Plant Health (Field Inspections – Fees) (Jersey) Order 2014 so as to uprate by 2% the fee per vergée for inspecting Narcissus bulbs for infestation by stem and bulb eelworm. That fee was last increased on 1st January 2016.
Article 10 amends the Pet Travel Scheme (Fees) (Jersey) Order 2015 so as to uprate fees for approvals and authorizations prescribed by that Order by between 1.44% and 1.99%. Those fees were first prescribed on 10th November 2015.
Article 11 amends the EU Legislation (Aquatic Animal Health – Fees) (Jersey) Order 2016 so as to uprate fees for approvals, authorizations certificates, inspections and registrations prescribed by that Order by between 1.04% and 1.90%. Those fees were first prescribed on 26th April 2016.
Article 12 amends the EU Legislation (Veterinary and Zootechnical Checks – Trade with Member States) (Fees and Expenses) (Jersey) Order 2016 so as to uprate fees for certificates and expenses prescribed by that Order by between 1.60% and 2.13%. Those fees were first prescribed on 22nd April 2016.
Article 13 amends the Veterinary Surgeons (Fees) (Jersey) Order 2016 so as to uprate the approval fee prescribed by that Order by 1.63%. That fee was first prescribed on 16th March 2016.
Article 14 provides for the title of this Order and for it to come into force on 1st January 2017. The Order was made on 21st December 2016 and came into force on 1st January 2017.
R&O.137/2016.
Planning and Building (Fees) (Amendment No. 2) (Jersey) Order 2016.
This Order amends the table in Schedule 3 to the Planning and Building (Fees) (Jersey) Order 2008 to set out the fees that will apply from 1st January 2017 in respect of applications for various types of planning and building appeals. The current fees were initially introduced on 19th March 2015 under the Planning and Building (Miscellaneous Provisions) (Jersey) Order 2015 and, from 1st March 2016, were re-enacted under the Planning and Building (Fees) (Amendment) Jersey Order 2016.
The fee for an application to appeal against refusal of planning permission in respect of a major development rises from £300 to £1600 (433.33%), and in respect of a minor development rises from £100 to £500 (400%).
An application to appeal against the grant of planning permission rises from £300 to £500 (66.66%).
Except for the appeal applications listed in item 8 of Schedule 3, where there is no fee increase in 2017, all other appeal applications rise from £100 to £500.
The Order was made on 21st December 2016 and came into force on 1st January 2017. R&O.138/2016.
Taxation (Implementation) (International Tax Compliance) (Common Reporting Standard) (Jersey) Regulations 2015 (Amendment) (Jersey) Order 2016.
This Order amends the Taxation (Implementation) (International Tax Compliance) (Common Reporting Standard) (Jersey) Regulations 2015 (by Article 1, referred to as "the Regulations"). Articles 2, 3 and 4 bring up to date the lists of participating jurisdictions in, respectively, Schedules 2, 3 and 4 to the Regulations (in the case of Schedule 4, there are no such jurisdictions at the date of making of this Order). Article 5 gives the title by which this Order may be cited and provides for its commencement.
The Order was made on 21st December 2016 and came into force on 1st January 2017.
R&O.139/2016.
Infrastructure (Driver and Vehicle Standards – 2017 Fees) (Jersey) Order 2016.
This Order increases, with effect from 1st January 2017, the fees payable in connection with –
- examination or re-examination of a public service vehicle for a certificate of fitness and an application for a badge to drive such a vehicle, under the Motor Traffic (Public Service Vehicles) (Fees) (Jersey) Order 2008 (Article 1);
- registration of a motor vehicle, changes of registration mark, issue of trade licences and of certificates in respect of vehicle standards, under the Motor Vehicle Registration (General Provisions) (Jersey) Order 1993 (Article 2);
- registration of driving instructors under the Motor Cars (Driving Instruction) (Jersey) Order 1982 (Article 3);
- applications for licensing of a vehicle that does not comply with construction and use requirements, under the Motor Vehicles (Construction and Use) (Jersey) Order 1998 (Article 4);
- driving tests, under the Motor Vehicles (Driving Licences) (Jersey) Order 2003 (Article 5). (The fees for a duplicate copy of a compulsory training certificate, or for a duplicate copy of a certificate or statement in respect of the result of a theory test or practical test referred to in the amendment contained in Article 5, have not been increased by this Order.)
The fees are uprated by approximately 2.5% but have been rounded to the nearest pound so that a few have an increase of over 2.5%, though the average increase is below that percentage. All these fees were last increased on 1st January 2016.
Article 6 provides for the title to this Order and for its commencement.
The Order was made on 21st December 2016 and came into force on 1st January 2017.
R&O.140/2016.
Home Affairs (Fire and Rescue and Petroleum – 2017 Fees) (Jersey) Order 2016.
This Order increases, from 1st January 2017, certain fees associated with the Fire and Rescue Service and licensing fees under the Petroleum (Jersey) Law 1984. The increases range from 1.8% to 2.9%. The fees were last increased on 25th January 2016 (except for one fee for inspection of commercial and other premises, which was last increased on 7th March 2016).
The Order was made on 22nd December 2016 and came into force on 1st January 2017.
R&O.141/2016.
Social Security (Health Bonus Scheme) (Jersey) Order 2016.
This Order supplements the provisions of the Social Security (Health Bonus Scheme) (Jersey) Regulations 2016 ("Health Bonus Regulations"), which establish a scheme to provide a health bonus to support the health and well-being of individuals who have reached their pensionable age by contributing to the cost of certain health care services ("health bonus scheme").
Article 1 sets out definitions used in this Order and, in particular, provides that expressions used in this Order and in the Health Bonus Regulations have the same meaning as in the Health Bonus Regulations.
Article 2 sets a person's income and capital limits, beneath which a person is eligible to apply for a health bonus.
Article 3, read with the Schedule, sets out the value of the health bonus payable under the Health Bonus Regulations in respect of an examination or treatment carried out by a chiropodist, podiatrist or dentist, or an examination carried out by, or a prescription provided by, an optician for glasses, lenses or contact lenses.
Article 4 sets out how a person may apply for admission to the health bonus scheme.
Article 5 provides for any application to be determined by a determining officer; and Article 6 provides for a second determining officer to reconsider an application where an applicant is dissatisfied with the determination of the first determining officer.
Article 7 sets out the procedure for appealing against a redetermination. The appeal is to the Tribunal constituted under Article 8 of the Social Security (Determination of Claims and Questions) (Jersey) Order 1974.
Article 8 enables the Tribunal to require the applicant or determining officer to furnish it with further particulars and enables an application for an appeal or any statement or particulars to be amended. The Tribunal may treat an appeal as having been abandoned if the applicant fails to provide any statement or particulars within the time required by the Tribunal.
Article 9 provides for appeals made on grounds that are bound to fail to be dealt with on a consideration of the papers and Article 10 enables the Tribunal to consider an appeal without a hearing, if all parties agree.
Article 11 sets out the procedures for an appeal and Article 12 permits a person aggrieved by a decision of the Tribunal to appeal on a point of law to the Royal Court.
Article 13 enables the Minister to pay remuneration and expenses to any person who exercises functions under this Order or who provides advice or assistance for the purpose of this Order to a determining officer or the Tribunal.
Article 14 provides the title of this Order and for it to come into force on the same day as the Social Security (Health Bonus Scheme) (Jersey) Regulations 2016.
The Order was made on 23rd December 2016 and came into force on 1st January 2017.
R&O.142/2016.
Cremation (Fees) (Amendment) (Jersey) Order 2016.
This Order increases the fee for the cremation of a person aged 18 or over from £724 to £738.50, and the fee for a medical certificate in connection with a cremation from £56.24 to £82. The fee for a cremation was last increased with effect from 1st January 2015 and the fee for a medical certificate was last increased with effect from 1st January 2016.
The Order was made on 23rd December 2016 and came into force on 1st January 2017.
WRITTEN QUESTIONS
(See Item I(a))
- The Chief Minister will table an answer to the following question asked by the Deputy of Grouville –
"Following the Assembly's adoption on 25th November 2014 of my proposition, P.149/2014, to extend the scope of the Freedom of Information (Jersey) Law 2011 to all companies either wholly owned by the States or where the States own a majority shareholding, will the Chief Minister confirm:
- what progress, if any, has been made in the past two years to achieve that end;
- which companies now comply with the Law and which do not; and
- which exemptions within the Law could be invoked by such companies either to cover commercially sensitive material or where disclosure might prejudice commercial interests?
- The Chief Minister will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Given that the Minister for Social Security did not present a report by December 2016 in line with the Assembly's adoption on 20th January 2016 of paragraph (b) of Minimum Wage: revised hourly rate from 1st April 2016' (P.150/2015), what action will the Chief Minister take to ensure that an investigation into the impact on the tax and benefit system of a significant rise in the minimum wage and an assessment of the potential economic impact for Jersey of the U.K. Government's move to a national living wage take place this year?
Furthermore, what assessment has he made of the U.K.'s Low Pay Commission report on the rise of the national living wage to £7.20 in April 2016, published in November 2016; and given that the U.K. has seen little reduction in job numbers or shift and overtime rates, despite the warnings of employers, and
• 1.6 million over 25s on the minimum wage received a 10.8% annual rise;
• A quarter of over 25s (earning up to £9 an hour) received pay rises over the average; and
• Increasing numbers of under 25s were paid at least £7.20,
will he now commit his government to similar action and if not, why not?"
- The Minister for Infrastructure will table an answer to the following question asked by the Deputy of Grouville –
"Have the Minister and his Department ever given consideration to conducting design competitions in order to evaluate ideas and proposals for the Island's architecture and landscape schemes; if not, why not; and, if so:
- what weighting, if any, is given to design above cost; and
- what encouragement, if any, is given to local design professionals who pay tax in Jersey and can demonstrate an understanding of the Island's character and uniqueness?"
- The Minister for Infrastructure will table an answer to the following question asked by the Deputy of Grouville –
"Will the Minister set out his Department's procurement policy for landscape architects wishing to tender for States work and, in so doing, will he include any restrictions which might be applied, such as minimum annual turnover?"
- The Minister for Infrastructure will table an answer to the following question asked by the Deputy of Grouville –
"Will the Minister advise whether an off-Island landscape architecture firm was picked to design the landscape scheme for Jersey's entrance and gateway at La Collette; and, if so, will he explain how, and why, this firm was selected?
And will he further explain how the employment of U.K. consultants, in circumstances where appropriate local firms also exist, meets the objectives of Financial Directions 5.1 to 5.6?"
- The Minister for Health and Social Services will table an answer to the following question asked by Deputy J.A. Hilton of St. Helier –
"Will the Minister inform Members how many recommendations of An Inquiry into Child Protection in Jersey' (the Williamson Report') have been implemented in full; what outcomes have been achieved from those recommendations; and, where recommendations have not been implemented in full, will he give the reasons why this has happened and explain any alternative actions taken to address those recommendations?"
- The Chief Minister will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Given that Jersey Household Income Distribution 2014/15' revealed income inequality had increased since 2009/10, what measures, if any, has the Chief Minister and his Department actively pursued to mitigate the increase? In particular, and further to answers provided to oral question 9076 on 17th November 2015, will he inform members what data, if any, has been collected on the impact the policy of 90% rents in social housing has had on such inequality?
Will he further advise why, given their use as measures of income inequality, the 90-10 income ratio, the 90-10 income shares ratio and the Gini coefficient are not included as significant measurable progress indicators in the Shaping our Future' policy?"
- The Minister for Social Security will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Further to the answer to oral question 9758, asked on 12th December 2016, will the Minister, as agreed, circulate written notes by 17th January 2017 on the four topics relating to the withholding of Income Support?
Will she further undertake to give a detailed answer to the question and advise how many Income Support claims have been subject to the withholding of benefit paid, and the sums involved, through:
- sanctions;
- overpayment charges;
- Household Medical Account payments; and
- loan repayments on special payments;
and will she provide the total sum withheld in the first quarter of 2016?"
- The Minister for Social Security will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Will the Minister inform members of the terms of reference agreed between her Department and Deloittes in the preparation of their review of the provision of, funding of, and access to primary health care services in the Island due in the first quarter of 2017?
In particular, what scope is there in the review to examine:
- the cost of GP consultations and the extent to which this prevents those on low incomes from seeking early intervention;
- the level of co-payment involved;
- the role of health / impairment components and Household Medical Accounts in the Income Support system; and
- the need, or otherwise, to maintain free prescriptions for all?
- The Chief Minister will table an answer to the following question asked by Deputy J.A. Hilton of St. Helier –
"Further to his answer during questions without notice on 12th December 2016 about proposals for an effective population policy and the indication that he would announce a package of measures to strengthen the existing work of the Housing and Work Advisory Group at the beginning of January 2017, will the Chief Minister confirm exactly what these measures are and when they will be implemented?"
- The Minister for Education will table an answer to the following question asked by Deputy J.A. Hilton of St. Helier –
"Further to figures contained in Jersey Health Profile 2016' which showed that 32% of 10 and 11 year olds are either overweight or obese, will the Minister advise whether he has considered, or discussed with other relevant Ministers, the future use of the existing Police Headquarters with a view to extending and improving the amount of outside space available to the children of Rouge Bouillon School and thereby having a positive impact on the health of those children?"
- The Minister for Economic Development, Tourism, Sport and Culture will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –
"Following the resignation of the Chief Officer of the Economic Development, Tourism, Sport and Culture Department, what provisions, if any, have been put in place to ensure that the Department is run effectively whilst the post remains vacant? What timescale, if any, exists for finding a full-time replacement for this post?"
- The Minister for Treasury and Resources will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –
"Further to the findings of Post-Implementation Review of Jersey's High Value Residents Regime Applicable since July 2011' (R.130/2016), what research, if any, has been undertaken to measure exclusively the social contribution to Jersey of High Value Residents (HVRs), including any evidence of individual HVRs providing a negative social contribution?
Furthermore, will the Minister provide statistics to support the claim made in R.130/2016 that new HVRs are more economically active than those admitted to the Island under the previous scheme, including the total number of start-up businesses set up in recent years and the number of businesses relocated to Jersey by an HVR?
Will the Minister also advise how many Islanders are employed by businesses set up by HVRs?"
- The Minister for Economic Development, Tourism, Sport and Culture will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –
"Will the Minister list all Ministerial Orders, Regulations and other legislation he has been responsible for since taking office which he can demonstrate has had a tangible effect in promoting economic growth?"
- The Minister for Home Affairs will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –
"Will the Minister list each public service which has seen its quality improved, or the number of Islanders who benefit from it increased, as a direct result of policy changes inspired by the '1,001 Critical Days Manifesto'?"
- The Minister for Social Security will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –
"Will the Minister provide statistics to show what proportion of new jobs created in 2014, 2015 and (if possible) 2016 have gone to workers with less than 5 years' residency in Jersey?"
- The Minister for Education will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"Will the Minister provide a breakdown for the turnover of all staff, including non-teaching staff, at all non-private primary schools in the past 3 years?"
- The Minister for Economic Development, Tourism, Sport and Culture will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"Will the Minister clarify whether the play park at Les Quennevais playing fields is now under his Department's administration; and, if so, will he agree to make good on the undertakings of the former Minister for Education, Sport and Culture to consult users of the facility and to consider potential improvements for the park?"
- The Minister for Home Affairs will table an answer to the following question asked by Deputy
M. Tadier of St. Brelade –
"Further to the statement released by the Assistant Minister on 21st December 2016, will the Minister provide a full list of the conditions that have been placed on Mr. Bronx and his owners in connection with his release?"
- The Minister for External Relations will table an answer to the following question asked by Deputy
M. Tadier of St. Brelade –
"Will the Minister explain what progress, if any, has been made on the mutual exchange and recognition of driving licenses between Romania and Jersey?"
- The Chief Minister will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"Will the Chief Minister provide an up-to-date estimate of the population for each parish, as well as the proportion of the estimated population of the Island which resides in each parish?"
- The Minister for Social Security will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Further to the response to written question 9747 on 12th December 2016 which indicated approximately 1 in 15 of Back to Work clients on Income Support had been sanctioned in 2015 for the first breach of a written warning, whilst approximately 1 in 6 had received a sanction for leaving work without good cause, will the Minister advise what assessment, if any, she has undertaken to determine whether these proportions of sanctions are too high and whether they are caused by administrative problems in the system?
Will the Minister agree to review the sanctions system in place for those on Income Support who are actively seeking work to ensure that it is fairly administered?
- The Minister for Health and Social Services will table an answer to the following question asked by Deputy J.A. Hilton of St. Helier –
"What are the current waiting times for a consultant appointment, and follow-up treatment where necessary, across all specialities in the Health Department, including Adult Mental Health and Child and Adolescent Mental Health Services?"
- The Chief Minister will table an answer to the following question asked by the Deputy of St. John –
"Given that, between 2008 and 2016, average earnings in Jersey in nominal terms have grown at half the rate of the 2000-2007 period, that the growth of real earnings over the 2008-2016 period has been flat, and that forecasts from the Fiscal Policy Panel and the Treasury suggest a fall in real wages over the 2018-2020 period, will the Chief Minister explain how living standards will improve if real wages fall?"
- The Minister for Treasury and Resources will table an answer to the following question asked by the Deputy of St. John –
"Further to comments made by the Fiscal Policy Panel in respect of Future Hospital Funding Strategy' (P.130/2016), will the Minister outline the work that has been undertaken to address the existing structural pressures in States' finances identified by the Panel; and advise how he intends to ensure these are resolved in advance of any further structural pressures arising from Brexit or the ageing society'?"
- The Minister for Social Security will table an answer to the following question asked by the Deputy of St. John regarding –
"Further to the Assembly's adoption of The Reform of Social Housing' (P.33/2013) and the introduction of the new social housing rental policy of 90% market rents, will the Minister provide a breakdown of the amount currently spent on the housing component of Income Support (separated into private and social housing) compared to the levels of such expenditure in the year before the agreement of P.33/2013?"
- The Minister for Education will table an answer to the following question asked by the Deputy of St. John –
"Will the Minister provide a current full cost breakdown for Highlands College compared to that of two years ago; and advise whether changes at the College over the last two years have produced higher morale amongst staff and greater take-up of courses?"
- The Chief Minister will table an answer to the following question asked by the Deputy of St. John –
"Will the Chief Minister provide the number of grievances filed by States of Jersey employees during 2015 and 2016; and advise what work, if any, he has undertaken to ensure that current policies in this area are fit for purpose?"
- The Chief Minister will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will the Chief Minister advise whether or not the Council of Ministers will ban zero-hour contracts with no minimum hours guaranteed following the example set by the New Zealand Parliament in 2016; and, if not, why not?"
- The Chief Minister will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will the Chief Minister, as Chairman of the States Employment Board, explain:
- what rules are in place regarding financial compensation to employees who leave the employment of the States either of their own accord, by mutual consent or at the employer's behest;
- what rules there are, if any, that govern confidentiality in such agreements;
- who negotiated the termination agreement with the former Chief Officer of the Economic Development, Tourism, Sport and Culture Department and who agreed the payment of six- months' salary in lieu of notice; and
- the full role of the States Employment Board in the agreement with that former Chief Officer, giving full details of all formal and informal meetings of the Board that took place in relation to this matter and the members of the Board that took part in them?"
- The Chief Minister will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will the Chief Minister explain the role and powers of the States Employment Board and the powers that Ministers have delegated to officers since the Board's inception, giving details of what these powers are, to whom they have been delegated, and the dates on which they were delegated?"
- The Chief Minister will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will the Chief Minister set out the role of the States Employment Board in the termination of the contract of employment of Mr. Alwitry and, in particular,:
- set out a complete timeline of the Board's involvement, showing what meetings took place to discuss the termination, when they took place and who was present, or, if telephone or email meetings took place, when they were conducted and which members took part (including who responded to emails) and what decisions were taken;
- explain whether any consultants took part in any discussions with the Board and, if so, who they were and for what purpose they took part;
- explain what actions, if any, the Board took to contact, interview, or ascertain from Mr Alwitry his side of the story and, if no action was taken, explain why that was the case; and
- explain when and why the Board commissioned reports from the former Solicitor General, Mr. P. Beal and Ms. M. Haste of CMP Resolutions?"
- The Minister for Health and Social Services will table an answer to the following question asked by Senator S.C. Ferguson –
"Will the Minister:
- list the properties which comprise the Le Seelleur bequest;
- advise whether or not they are currently occupied;
- state what the percentage occupancy of each property has been over each of the past 5 years;
- explain what intentions or plans, if any, there are for each property; and
- state what the latest valuations are for each property?"
- The Minister for Health and Social Services will table an answer to the following question asked by Senator S.C. Ferguson –
"Will the Minister explain:
- what plans, if any, there are to move patients currently located at Orchard House to Clinique Pinel;
- whether the overall number of beds provided isto be reduced and, if so, why;
- whether it is planned that the psychiatric patients from Orchard House are to be located in the same unit as elderly dementia patients and, if so, why, and whether such a move is in line with professional opinion from the Royal College of Psychiatry;
- what consultations, if any, have been undertaken in relation to this matter, listing with whom such consultations have taken plan with a summary of the opinions provided;
- the alternative locations considered, if any, for the relocation of psychiatric patients; and
- what plans there are, if any, for St Saviour's Hospital?"
- The Minister for Social Security will table an answer to the following question asked by Senator S.C. Ferguson –
"Will the Minister explain:
- whether there are plans to freeze the allowances for patients in residential and care homes in 2018 and, if so, how such plans support the policies to care for the ageing population;
- how any patients who leave their residential home as a result of allowances being frozen will be accommodated; and
- how much consultation on this matter, if any, there has been between the Health and Social Services and Social Security Departments?"
- The Minister for the Environment will table an answer to the following question asked by Senator S.C. Ferguson –
"Will the Minister explain:
- the rationale for the application of heritage policies to residential properties;
- the method by which the Department designates which era is appropriate for a particular property; and
- how the Department deals with any dichotomy arising from heritage policies pursued by the Department and States' policies to conserve energy in residential housing?"
- The Chief Minister will table an answer to the following question asked by Senator S.C. Ferguson –
"Will the Chief Minister provide the terms of reference used for Oxera Report on the Jersey Gas Market' (R.1/2017); and will he explain why the report does not consider the costs of the raw material used for gas supply in Jersey and compare them with the cost of alternative types of gas available in U.K. markets?"
ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))
Questions without notice 2017
1st Session 2017
January 31st Housing Chief Minister
February 14th Infrastructure Environment
March 14th External Relations Chief Minister
March 28th Social Security Home Affairs
April 18th Treasury and Resources Chief Minister
May 2nd Economic Development, Tourism, Health and Social Services
Sport and Culture
May 23rd Education Chief Minister
June 6th Housing Infrastructure
June 20th Environment Chief Minister
July 4th External Relations Social Security
July 18th Home Affairs Chief Minister
2nd Session 2017
September 12th Treasury and Resources Education
September 26th Health and Social Services Chief Minister October 10th Economic Development, Tourism, Housing
Sport and Culture
October 31st Infrastructure Chief Minister November 14th Environment External Relations November 28th Social Security Chief Minister December 12th Home Affairs Treasury and Resources