Deregulation Bill: application of certain provisions to Jersey.

STATES OF JERSEY

DEREGULATION BILL: APPLICATION OF CERTAIN PROVISIONS TO JERSEY

Lodged au Greffe on 9th March 2015 by the Chief Minister

STATES GREFFE

2015   Price code: B  P.28

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to  signify,  pursuant  to  Article 31(1)(a)  of the  States  of Jersey  Law 2005, whether they agree that clauses 102 and 109(1) of, and Schedule 21 to, the Deregulation Bill of the United Kingdom Parliament, to the extent they would repeal the  Sea  Fisheries Act 1868, the  Fisheries Act 1891 and the British Fishing Boats Act 1983, should, if enacted, be registered by the Royal Court.

CHIEF MINISTER

REPORT

Application to Jersey of certain provisions of the Deregulation Bill of the United Kingdom Parliament

Summary

The proposition asks the States to agree to the application to Jersey of a provision of the Deregulation Bill of the United Kingdom Parliament, which would repeal to the extent that they are currently applicable in Jersey, certain Acts of the United Kingdom Parliament which are considered to be of no practical use.

Background

The  Deregulation  Bill  (of  the  United  Kingdom)  will  provide  for  the  removal  or reduction of burdens on businesses, civil society, individuals, public sector bodies and the  taxpayer.  These  include  measures  relating  to  general  and  specific  areas  of business,  companies  and  insolvency,  the  use  of  land,  housing,  transport, communications,  the  environment,  education  and  training,  entertainment,  public authorities and the administration of justice. The Bill also provides for a duty on those exercising  specified  regulatory  functions  to  have  regard  to  the  desirability  of promoting economic growth. In addition the Bill will repeal legislation that is no longer of any practical use.

Application of the Bill in respect of Jersey

Clause 102 of the  Bill will make  provision for legislation which is no longer of practical use to cease to apply. This legislation is specified in Schedule 21 to the Bill, as set out in the Appendix to this Report.

The United Kingdom Department for Environment, Food and Rural Affairs has asked whether or not the Government of Jersey would be content for three UK Acts, to the extent that they may apply in Jersey, might be repealed. The Acts in question are –

• The  Sea  Fisheries  Act 1868  –  which  may  have  some  residual application to Jersey but has not been used for decades and, if those provisions were needed, Jersey could enact domestic legislation;

• The Fisheries Act 1891 – which does not appear to have any ongoing relevance to Jersey; and

• The British Fishing Boats Act 1983 – which contains a permissive extent provision which has never been invoked.

Clause 109(1) of the Bill would provide that a repeal, revocation or other amendment or modification made by the (eventual) Act is to have the same extent as the provision repealed, revoked or otherwise amended or modified. It is by virtue of this provision that  the  eventual  Act  would  purport  to  apply  directly  to  Jersey,  and  hence  the requirement for the Act to be registered by the Royal Court if it is to take effect in that way.

The Government of Jersey has indicated it has no objection to the repeal of these UK Acts by means of the Deregulation Bill.

Article 31 of the States of Jersey Law 2005

Article 31 of the States of Jersey Law 2005 provides that –

"31  Duty to refer certain matters to the States

1. Where it is proposed –

1. that any provision of a draft Act of the Parliament of the United Kingdom should apply directly to Jersey; or
2. that  an  Order  in  Council  should  be  made  extending  to Jersey –

1. any provision of an Act of the Parliament of the United Kingdom, or
2. any  Measure,  pursuant  to  the  Channel  Islands (Church Legislation) Measures 1931 and 1957,

the Chief Minister shall lodge the proposal in order that the States may signify their views on it.

2. Where, upon transmission of an Act of the Parliament of the United  Kingdom  containing  a  provision  described  in paragraph (1)(a)  or  of  an  Order  in  Council  described  in paragraph (1)(b) to the Royal Court for registration, it appears to the Royal Court that the States have not signified their agreement to the substance of the provision or Order in Council –

1. the  Royal  Court  shall  refer  the  provision  or  Order  in Council to the Chief Minister; and
2. the Chief Minister shall, in accordance with paragraph (1), refer it to the States.".

Accordingly,  the  Chief  Minister  has lodged  this  proposition  to  ask  the  States  to indicate whether or not they agree that clauses 102 and 109(1) of, and Schedule 21 to, the Deregulation Bill, when it comes into force, should be registered by the Royal Court so as to apply to Jersey.

Financial and manpower implications

The proposed legislation has no manpower or resource implications.

APPENDIX

Extracts from the draft Deregulation Bill

102  Legislation no longer of practical use

Schedule 21 makes provision for legislation which is no longer of practical use to cease to apply.

109  Extent

(1)  Except as provided by subsections (2) and (3), a repeal, revocation or other amendment or modification made by this Act has the same extent as the provision repealed, revoked or otherwise amended or modified.

SCHEDULE 21

LEGISLATION NO LONGER OF PRACTICAL USE

PART 6

ANIMALS AND FOOD

Sea Fisheries Act 1868 and other fisheries legislation

31  The following Acts are repealed –

1. the Sea Fisheries Act 1868, including so far as it extends outside the United Kingdom by virtue of section 70 of that Act;
2. the Fisheries Act 1891;
3. the British Fishing Boats Act 1983, including so far as it extends outside the United Kingdom by virtue of an Order in Council under section 10 of that Act.