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WRITTEN QUESTION TO THE MINISTER FOR ECONOMIC DEVELOPMENT BY SENATOR S.C. FERGUSON
ANSWER TO BE TABLED ON TUESDAY 22nd OCTOBER 2013
Question
What are the services which the Department must supply as required and specified by statute (with references)?
Answer
The Minister for Economic Development has responsibility for all areas of economic policy and development in Jersey, including agriculture, fisheries, tourism, retail, intellectual property and gambling. The Minister also has political responsibility for the airport, air and sea links, and postal and telecommunications services as well as overseeing consumer and regulatory services.
The following tables outline the statutes, as well as the key duties and high level services pertaining to these.
Policy & Regulation
SECTOR | STATUTE | KEY DUTIES | HIGH LEVEL SERVICES |
Telecoms | Wireless Telegraphy (Jersey) Order (Extension of the Wireless Telegraphy Act 2006 to Jersey) | Extension of the Wireless Telegraphy Act 2006 to Jersey Licensing and management of spectrum Sets out duties for Ofcom and defines the relationship with Jersey |
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Telecommunications (Jersey) Law 2002 | Ensure provision of telecommunication services and in doing so:
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Broadcasting | Broadcasting and Communications (Jersey) Order 2004 Communications (Jersey) Order 2003 (Extension of the Communications Act 2003 to Jersey ) | Extension of the Communications Act 2003 and Office of Communications Act 2002 to Jersey and Orders amending them. Sets out duties for Ofcom and defines the relationship with Jersey |
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Rural | Agriculture (Guaranteed Price s and Financial Assistance) (Jersey) Law 1965 Agricultural (Loans and Guarantees) (Jersey) Law 1974 Agricultural (Loans) (Jersey) Regulations 1974 Agricultural Marketing (Jersey) Law 1953 Agricultural Returns (Jersey) Law 1947 Blight Disease (Jersey) Order 1982 Certificates of Origin (Produce of the Soil) (Jersey) Law 1961 Stem and Bulb eelworm (Jersey) Order 1971 |
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Electronic Communications | Electronic Communications (Jersey) Law 2000 |
civil liability. |
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Intellectual Property | Intellectual Property (Unregistered Rights) (Jersey) Law 2011 Paris Act of the Berne Convention | There are around 40 Articles within IPURL where the Minister either in his own right or as the Licensing Authority has functions he could be called upon to perform. |
the law; |
Trade Marks (Jersey) Law 2000 Patents (Jersey) Law 1957 Registered Designs (Jersey) Law 1957 | Registered rights laws are administered by the Judicial Greffe. Registration of Patents, Trade Marks and Registered Designs. The Minister's responsibility is to ensure that the laws are brought up to date so that intellectual property rights owners can have an efficient and modern method for protecting their intellectual property. ED Minister specifies procedure for the treatment of infringing goods at the border. |
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Hospitality & Leisure | Tourism (Jersey) Law 1948 Tourism (General Provisions) (Jersey) Order 1990 | For the encouragement and development of Tourism in Jersey, to establish effective control of the accommodation and attractions available for tourists. The Order sets the registration criteria for all tourist accommodation, hotels, guest house, self-catering, youth, hostels, holiday camps and camp sites. |
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| Places of Refreshment (Jersey) Law 1967 | To provide for the registration of places of refreshment and of persons carrying on and managing such places, fore the proper conduct and control of such places. | Register, inspect and ensure compliance of places of refreshment. |
Policing of Beaches (Jersey) Regulations 1959 | Regulations controlling activities on beaches including trading, presenting exhibits, parking, driving etc. | Oversee and ensure compliance with regulations. Implement changes to the regulations in response to needs of the industry | |
Licensing (Jersey) Law 1974 | A Law to control the sale and consumption of alcohol. Areas covered are Taverners, Residential, Restaurant, Comprehensive, Club, Off and Entertainment Licences. |
EDD Minister sets policy about the regulation of the licensed industry and is responsible for ensuring that legislation is fit for purpose. | |
Hawkers and Non- Resident Traders (Jersey) Law 1965 | A Law to control persons who go from place to place or from door to door for the purpose of selling goods and also to control non–residents who wish to trade in the island. | The Parish of St Helier carries out this function on behalf of the Minister. | |
Jersey Harbours | Harbours (Administration) (Jersey) Law 1961 | Duty to provide for safe administration of Jersey ports and territorial waters. Sets parameters for the administration of harbours and territorial waters and provides for duties and powers of Harbour Master Includes subordinate legislation covering
| Functions are split between Minister, Assistant Minister and various officers at Jersey Harbours and EDD who may also carry delegated duties. EDD Minister is responsible for developing the policy and long term strategy for the provision of ferry services. |
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| craft. Protection of Undersea Cables In addition to commercial port activity, Jersey Harbours provides marinas and moorings for local boat owners and visitors. Jersey Harbours also provides the Coastguard Service for territorial waters. |
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Pilotage (Jersey) Law 2009 | To set the arrangements under which pilotage services are provided by the port | Jersey Harbours administers this with Harbour Master responsible, for example, as follows:
Arrangements audited through EDD and Port Marine Safety Code | |
| Community Provisions (Ship and Port Facility – Security) (Jersey) Regulations 2004 | To ensure the port and ships entering or leaving Jersey are in compliance with international security standards – in particular the International Ship and Port Security Code under the SOLAS Convention Chapter XI-II | Duties and functions of officers, port officials and private individuals and organisations:
Arrangements audited by UK DfT through EDD |
Jersey Airport | Aerodromes (Administration) (Jersey) Law 1952 | Duty to provide for safe administration of Jersey airport. Provides for duties and powers of Airport Director Jersey Airport provides a comprehensive network of commercial routes, facilities for business aviation and for local and visiting private aircraft. | The policing, administration and management of Jersey Airport Minister for Economic Development contracts Jersey Airport to provide air traffic control for the Channel Island Control Zone on behalf of the UK and French authorities. |
Jersey Airport | The Aviation Security (Bailiwick of Guernsey) (Amendment) Direction, | Annex is based on Regulation (EC) No 300/2008. Part I must be read subject to Part II. Note that Part II is based on the following | The annex sets out the specific proscriptive compliance obligations including: Airport security |
| 2013 Annex A Channel Islands Common Basic Standards for Safeguarding Civil Aviation against Act of Unlawful Interference | EC Regulations: Chapter 1: Commission Regulation (EU) No 18/2010 Chapter 2: Commission Regulation (EU) No 1254/2009 Jersey Airport is legally obligated to ensure it makes adequate provisions in regard of all aspects of aviation security contained in the Annex. |
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Trading Operations | Public Finances (Jersey) Law 2005 Public Finances (Transitional Provisions – States Trading Operations) (Jersey) Regulations 2005 | Requirement to maintain a Trading Fund and make agreed returns to the States | Jersey Harbours provides for the administration, management, operation, financing, development and maintenance of the harbours of Jersey and their associated facilities. Jersey Airport provides for the administration, management, operation, financing, development and maintenance of Jersey Airport, its associated facilities and the Channel Islands Control Zone . |
Maritime | Maritime Security (Jersey) Order 1996 | Extends sections of the UK Aviation and Maritime Security Act specific to port security – duty to maintain security at international standards | The Order creates offences in relation to the hijacking of ships and introduces a number of powers and duties specific to the Minister, officers and port officials at Jersey Harbours such as:
Arrangements audited by UK DfT through EDD. |
| Merchant Shipping (Oil Pollution) (Jersey) Order 1997 | Extends sections of the UK Merchant Shipping Act 1995 specifically to allow Oil Pollution Liability and Compensation Conventions to apply to the Island – international duty to comply with Conventions. Oil Pollution Liability and Compensation Conventions apply to the Island. In particular these allow access to international funds to compensate for oil spills at sea. | Routine maintenance and up-dating of the legislation is carried out by EDD with assistance from Law Officers |
Merchant Shipping (Categorisation of Registries of Relevant British Possessions) Order 2003 | Sets limits on size and type of ship registered in Jersey – duty of Minister and Registrar to comply. | Jersey ships registered in compliance with the Order and MOU with UK. Specific functions relate to international legislation, safety, survey and certification. These come under the Shipping (Jersey) Law 2002 and related subordinate legislation (below). | |
Shipping (Jersey) Law 2002 | Minister has general superintendence of all matters relating to shipping and seafarers. Inter alia:
| Seventeen pieces of subordinate legislation. These have on-going functions variously related to:
Functions carried out by Minister, officers (e.g. Registrar) and port officials at Jersey Harbours (e.g. Harbour Master) |
Competition and Utilities | Postal Services (Jersey) Law 2004 | Ensure a competitive and effective market exists for postal services, and ensure that social objectives are met. | Responsibility for directing JCRA on social policies and other areas, and to issue guidance to JCRA in any area. Responsibility to oversee operation of postal sector to ensure public benefit Development and emergency management of postal services |
Competition (Jersey) Law 2005 | Oversee the management of the competitive environment in Jersey by the JCRA | Represent the public interest in the management of competition regulation in Jersey, which includes mergers, acquisitions and the operation of monopoly or dominant operators. To make decisions about some procedural operations of the JCRA in respect of competition. | |
Competition Regulatory Authority (Jersey) Law 2001 | Oversee and part fund the operation of the JCRA |
6(4). | |
Shops (Regulation of Opening) (Jersey) Regulations 2011 | The law falls under the aegis of the EDM, but is administered and a run by the Connétable s | To designate special occasions Maintain policy and law in respect of Sunday trading |
Trading Standards
| STATUTE | KEY DUTIES | HIGH LEVEL SERVICES |
Weights and Measures (Jersey) Law 1967 | Statutory duty to enforce as well as enforcement of subordinate legislation Carry out routine inspections |
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| Fees charged for statutory verification of weighing and measuring equipment in use for trade Provide compliance advice and guidance for retail/wholesale/packing businesses Quality assurance services provided to businesses on request |
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Subordinate legislation enforced. Weights and Measures (Abbreviations of Units of Measurement ) (Jersey) Order 1975 Weights and Measures (Beer and Cider) (Exemption) (Jersey) Order 1968 Weights and Measures (Egg-Grading Machines (Jersey) Order 1968 Weights and Measures (Equivalents for dealing with drugs) (Jersey) Order 1969 Weights and Measures (General Provisions) (Jersey) Order 1968 Weights and Measures ( International Definitions) (Jersey) Order 1968 Weights and Measures (Marking) (Jersey) Order |
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| 1975 Weights and Measures (Measuring Instruments) (Liquid Fuel and Lubricants) (Jersey) Order 1968 Weights and Measures (Measuring Instruments) (Intoxicating Liquor) (Jersey) Order 1975 Weights and Measures (Prescribed Quantities No 1) (Jersey) Order 1977 Weights and Measures (Prescribed Quantities No 2 (Jersey) Order 1977 Weights and Measures (Prescribed Stamp) (Jersey) Order 1975 Weights and Measures (Weights) (Jersey) Order 1975 Weights and Measures (Working Standards and Testing Equipment) (Testing and Adjustment) (Jersey) Order 1975 Weights and Measures (Jersey) Order 1968 |
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| Price and Charge Indicators(Jersey) Law 2008 | Provide compliance advice and guidance for retail/wholesale businesses Ensure consistent enforcement Investigate alleged offences | Ensure the Minister is advised of any amendments necessary |
Subordinate legislation enforced Price and Charge Indicators (Jersey) Regulations 2008 |
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Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009 | Provide compliance advice and guidance to retailers Investigate alleged offences | Ensure the Minister is advised of any need to restrict the supply of additional goods | |
| Subordinate legislation enforced Protection of Children (Cigarette Lighter Refills) (Jersey) Regulations 2009 |
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Distance Selling (Jersey) Law 2007 | Provide compliance advice and guidance to on-line retailers and other traders who sell goods and services by other distance means Monitor compliance within an annual inspection programme |
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Consumer Safety (Jersey) Law 2006 | Provide compliance advice and guidance to importers and producers Publish national safety recalls in association with local suppliers Investigate alleged offences | Ensure the Minister is advised of any amendments necessary | |
Trade Marks (Jersey) Law 2000 | Enforce the anti-counterfeiting provisions using powers in Article 25 and 26 of the Law | Ensure the Minister is aware of any significant seizures of counterfeit goods | |
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| Work with Customs officers to authenticate suspect goods at point of entry to Jersey |
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Video Recordings (Jersey) Law 1990 | Enforce the age restrictions for film classifications Provide compliance advice and guidance when necessary. Investigate alleged offences | Ensure the Minister is advised of any amendments necessary | |
Supply of Goods and Services (Jersey) Law 2009 | Provide advice and guidance to retailers on their responsibilities under the law Provide a free confidential consumer advice and conciliation service to resolve contractual disputes over goods and services. | Ensure the Minister is advised of any amendments necessary | |
Intellectual Property (Unregistered Rights) (Jersey) Law 2011 | Investigate offences under duties and powers provided in Article 397 of the Law Provide case files with recommendations to the Crown Officers for consideration | Ensure the Minister is aware of any significant seizures of products which breach intellectual property rights |
Rural Economy
| Agriculture (Guaranteed Price s and Financial Assistance) (Jersey) Law 1965 | Provision of an administrative function to process repayments of existing outstanding Agricultural loans. | • Ensure the Minister is advised of any amendments necessary |
| Subordinate Legislation: Basic Slag and Lime (Jersey) Scheme 1968 Control of Infestation |
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| (Potato Root eel Worm) (Jersey) Scheme 1968 |
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| Agricultural (Loans and Guarantees) (Jersey) Law 1974 |
| • Ensure the Minister is advised of any amendments necessary |
| Agricultural (Loans) (Jersey) Regulations 1974 |
| • Ensure the Minister is advised of any amendments necessary |
| Agricultural Marketing (Jersey) Law 1953 | Regulation of the marketing of potatoes and milk to protect quality and to provide minimum standards for local and export markets | • Ensure the Minister is advised of any amendments necessary |
| Subordinate Legislation: Jersey Potato Export Marketing (Polls) (Jersey) Order 2002 Jersey Potato Export Marketing (Registration of Producers) (Jersey) Order 2001 Jersey Potato Export Marketing Scheme (Approval) (Jersey) Act 2001 Milk Marketing (Polls) (Jersey) Order 1954 Milk Marketing (Registration of Producers) (Jersey) Order 1954 Milk Marketing Scheme (Approval) (Jersey) Act 1954 |
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| Agricultural Returns (Jersey) Law 1947 | Provision of a function to collect and analyse agricultural statistics on an annual basis. | • Ensure the Minister is advised of any amendments necessary |
| Blight Disease (Jersey) Order 1982 | Provision of a regulatory and advisory function to control the spread of plant disease. | • Ensure the Minister is advised of any amendments necessary |
| Certificates of Origin (Produce of the Soil) (Jersey) Law 1961 | Provision of a regulatory function to control the spread of plant and animal disease. | • Ensure the Minister is advised of any amendments necessary |
| Subordinate Legislation Bovine Spongiform Encephalopathy (Jersey) Order 1988* Foot-and-Mouth Disease (Sera and Glandular Products) (Jersey) Order 1958* Foot-and-Mouth Disease (Jersey) Order 1958* European Communities Legislation (Implementation) (Cattle Identification) (Jersey) Regulations 2002*¹ Fertilisers and Feeding Stuffs (Fees) (Jersey) Order 1951*² Fertilisers and Feeding Stuffs (Jersey) Order 1972*² Pesticides (General Provisions) (Jersey) Order 1991*³ |
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| Pesticides (Maximum Residue Levels in Food) (Jersey) Order 1991*³ |
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| Stem and Bulb Eelworm (Jersey) Order 1971 | Provision of regulatory function to protect quality of Daffodils | • Ensure the Minister is advised of any amendments necessary |
Key
* Orders under Disease of Animals (Jersey) Law 1956, administered by the Planning & Environment Department
*¹ An Order under European Communities Legislation (Implementation) (Jersey) Law 1996, administered by the Chief Ministers Department *² Orders under Fertilisers and Feeding Stuffs (Jersey) Law 1950, administered by the Planning & Environment Department
*³ Orders under Pesticides (Jersey) Law 1991, administered by the Planning & Environmen