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Discussions with UK regarding recent changes to trust legislation

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1240/5(3046)

WRITTEN QUESTION TO THE MINISTER FOR TREASURY AND RESOURCES BY DEPUTY G.P. SOUTHERN OF ST. HELIER

ANSWER TO BE TABLED ON TUESDAY, 24th OCTOBER 2006

Question

In an answer to a question on trusts on 10th October 2006 the Minister stated that there was always a risk that a Jersey trust will be attacked by a disgruntled person'. Would the Minister inform members whether discussions have taken place with the United Kingdom Treasury to ascertain whether the recent amendments giving wide reserved powers to a settlor are acceptable to the Treasury and, if so, would he give members details of the discussions that have taken place?

Answer

I fail to see the relevance of the first sentence of this question, but in any event no discussions took place with the UK Treasury in relation to the recent amendment to the Trusts Law, nor would it have been appropriate for such discussions to have taken place: Jersey is a self-governing jurisdiction and it is for the States to consider and pass legislation. The UK has ample opportunity to consider legislation at Privy Council, and Privy Council has given its assent to the Trusts Law amendment.

The Trusts Law amendment was approved by the States overwhelmingly in April, and if the Deputy had questions in relation to the amendment, they should have been raised at that time.