Criteria built into the Regulation of Undertakings (Jersey) Law 1973 at its inception and what significant changes to these criteria have been made over the years

1240/5(4796)

WRITTEN QUESTION TO THE MINISTER FOR ECONOMIC DEVELOPMENT BY THE DEPUTY OF ST. MARY

ANSWER TO BE TABLED ON TUESDAY 6th OCTOBER 2009

Question

Can the Minister inform members of the criteria built into the Regulation of Undertakings (Jersey) Law 1973 at its inception and can he further advise members of what significant changes to these criteria have been made over the years and when these revisions took place?

Answer

The Regulation of Undertakings and Developments (Jersey) Law, 1973, has been amended on a number of occasions since its inception, as outlined in the End Notes in the latest version of the Law. Paragraph 6 of the Law deals with the matters which the Minister is permitted to have regard when determining a licence application, which currently reads:

1. The Minister maygrant a licence either unconditionally or subject to such conditionsasheor s considers appropriate, ormay refuse the grantof a licence.
2. Indeciding whether to grant a licence,toimpose conditions, or to refuse togrant a licence t Minister shall have regard –

1. to the need to regulate and managedemandon the resources of Jersey, andto protect t integrity ofJerseyincommercialandfinancialmatters;and
2. to the provisions ofthe Competition (Jersey)Law 2005 andto the decisions and directions the JerseyCompetition Regulatory Authoritymadeorgivenunder that Law.

The most significant amendments to paragraph 6 have been:

• In 1988, the ability to "have regard to the economic situation of the Island" was replaced with the ability to "have regard to the need to regulate and manage demand on the resources of the Island and to protect the integrity of the Island in financial and commercial matters"

• In 2005, the ability to have regard to the "provisions of the Competition (Jersey) Law, 2005 and to the decisions  and  directions  of  the  Competition  Regulatory  Authority  made  or  give  under  that  Law"  was

introduced.

The Law is also supported by policy guidelines to aid consistency and the understanding of the public. These latest guidelines are available at www.gov.je/ChiefMinister/PopulationOffice and are as follows:

The criteria against which business applications are assessed:

• The pressure to be placed on the Island's resources;

• The need to maintain a balanced and prosperous economy;

• The need to maintain a range of job and training opportunities for locally qualified persons and school leavers,  including  apprentices,  those  over  normal  working  age,  and  people  in  supported  and  special

employment schemes; The importance of the service rendered to locally qualified persons; The track record of the undertaking in terms of profitability, and its contribution to tax revenues.

Decisions are also made having regard to the need to protect the financial and commercial integrity of the Island. The Minister shall also have regard to the provisions of the Competition (Jersey) Law 2005 and the decisions and directions of the Jersey Competition Regulatory Authority, and as far as possible, to wider objectives, with a particular emphasis on encouraging environmental responsibility as a key element of managing demand on resources