Control of Housing and Work (Fees) (Jersey) Order 2013 and Control of Housing and Work (Exemptions) (Jersey) Order 2013

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 24 June 2013:

Decision Reference: MD-C-2013-0064
Decision Summary Title :	Control of Housing and Work (Fees) (Jersey) Order 2013 Control of Housing and Work (Exemptions) (Jersey) Order 2013		Date of Decision Summary:	19/06/2013
Decision Summary Author:	Director, Corporate Policy		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/a
Written Report Title :	Control of Housing and Work (Fees) (Jersey) Order 2013 Control of Housing and Work (Exemptions) (Jersey) Order 2013		Date of Written Report:	19/06/2013
Written Report Author:	Director, Corporate Policy		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Control of Housing and Work (Fees) (Jersey) Order 2013 Control of Housing and Work (Exemptions) (Jersey) Order 2013
Decision(s): The Chief Minister made the Orders listed below: Control of Housing and Work (Fees) (Jersey) Order 2013 Control of Housing and Work (Exemptions) (Jersey) Order 2013
Reason(s) for Decision: To make the Orders to allow for Fees and Exemptions to be introduced under the Control of Housing and Work (Jersey) Law, 201-.
Resource Implications: The Fee Order is expected to raise £700,000 per annum in fees to contribute toward the costs of administering the Control of Housing and Work (Jersey) Law, 201-.
Action required: To notify the Greffier of the States and the Law Draftsman that the Order has been made, forward the signed and sealed Order to the Publications Editor, States Greffe, and request the Greffier of the States to arrange for its notification to the States.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Control of Housing and Work (Fees) (Jersey) Order 2013 - Control of Housing and Work (Exemptions) (Jersey) Order 2013

Jersey Crest

Control of Housing and Work (Exemptions) (Jersey) Order 2013

Explanatory Note

This Order sets out various exemptions from requirements and other provisions under the Control of Housing and Work (Jersey) Law 2012 (“the Law”).

Article 1 is an interpretation provision. In particular, “resident undertaking” is defined to mean an undertaking which has one or more persons working for it in Jersey and, where one person only works for the undertaking, the person is ordinarily resident in Jersey or, where more than one person works for the undertaking, at least a majority of the workers are ordinarily resident in Jersey. A “non-resident undertaking” is an undertaking which is not a resident undertaking.

Article 2 exempts the following persons from the need to have a registration card for the purpose of starting new work under the Law –

(a) a person in Jersey for an aggregate period of 60 days or less in any period of 12 months for the purposes of that person’s work as a company director, partner, member of the council of a foundation, trustee of an express trust, or the equivalent;

(b) a person in Jersey for an aggregate period of 60 days or less in any period of 12 months for the purposes of that person’s work for one or more financial services companies, where the person works mainly outside Jersey and each such company is part of an international group, that is, where at least one company in the group is incorporated outside Jersey;

(d) a person who works in or for a resident undertaking to the extent that the undertaking does not require a business licence under Article 3;

(e) a person who works in or for a non-resident undertaking; and

(f) a person who works in Jersey for an aggregate period of 10 days or less in any period of 12 months for one or more undertakings.

Article 3 exempts certain undertakings from the requirement to have a business licence under Article 25 of the Law –

(a) a non-resident undertaking to the extent that it carries on financial activities regulated under Jersey legislation;

(b) a resident undertaking to the extent that it carries on financial activities regulated under Jersey legislation where each person working for the undertaking does so for an aggregate period of 60 days or less in any 12 month period and each person working for the undertaking is a company director, partner, member of the council of a foundation, trustee of an express trust, or the equivalent;

(c) a non-resident undertaking to the extent that it is administered or managed by a body that carries on financial activities regulated under Jersey legislation;

(d) a resident undertaking to the extent that it carries on activities administered or managed by a body that carries on financial activities regulated under Jersey legislation and each person working for the undertaking does so in the same circumstances described in (b) above;

(e) a non-resident undertaking to the extent that it is in the building or construction industry and operates in Jersey for an aggregate period of 5 days or less in any period of 12 months;

(f) a non-resident undertaking to the extent that it carries on activities in Jersey for medical purposes (as defined in Article 1) for an aggregate period of 60 days or less in any 12 month period and such work is being carried on pursuant to arrangements with a publicly funded body or a body registered under the Nursing and Residential Homes (Jersey) Law 1994 or licensed under the Nursing Agencies (Jersey) Law 1978;

(g) an undertaking to the extent that it provides accommodation or premises in Jersey (other than a property development body or one which is registered under Jersey legislation relating to tourism, nursing and residential homes or lodging houses) where the undertaking is a non-resident undertaking, or provides less than 5 units of accommodation or is run by a person acting alone with Entitled, Licensed or Entitled for Work Only status;

(h) a resident undertaking to the extent that it involves the incidental sale of goods from domestic premises;

(i) a resident undertaking to the extent that it involves the provision of domestic services to not more than 2 households;

(j) an undertaking carried on immediately before the date the Law came into force that was exempt from the need to have a licence and was carried on from a person’s place of residence without any employees;

(k) an undertaking which has a person acting alone working for it who has Entitled or Entitled for Work Only status and who works for the undertaking for less than 8 hours a week;

(l) a resident undertaking operating in Jersey for an aggregate period of 60 days or less in any period of 12 months where each person working for the undertaking has Entitled, Licensed or Entitled for Work Only status;

(m) a resident undertaking operating in Jersey for an aggregate period of 10 days or less in any period of 12 months where at least one person working for the undertaking has Registered status;

(n) a non-resident undertaking which operates in Jersey for an aggregate period of 30 days or less in any period of 12 months.

Article 4 sets out the descriptions of individual who may be disregarded for the purposes of complying with a condition of a business licence under Article 27(1)(a) of the Law. Such a condition specifies the maximum number of persons with Licensed or Registered status who are permitted to work in or for an undertaking with a business licence. The persons who may be disregarded are as follows –

(a) a person working as a replacement for another person provided that the 2 persons do not work simultaneously for more than 30 days;

(b) a person providing cover for another person whilst on leave, such period not exceeding 9 months in the case of maternity leave or sick leave or 3 months in all other cases;

(d) a person working in Jersey for an aggregate period of 60 days or less in any period of 12 months –

(i) as a director of a company, partner in a partnership, member of the council of a foundation, trustee of an express trust, or equivalent, or

(ii) as an employee of a financial services company which is a member of an international group, where the person works mainly outside Jersey.

Article 4 makes 2 other provisions for when a person may be disregarded for the purposes of a condition concerning maximum numbers.

The first is where a person is supplied by an agency to work for another undertaking in the circumstances set out in paragraph (a), (b) or (c) above. That person is disregarded for the purposes of a condition of the agency’s licence relating to maximum numbers.

The second is where a person works under a zero hours contract, as defined in Article 1, that is where a person works for an undertaking from time to time and there is no minimum requirement for any period of work. The person may be disregarded for such time as the person is not working for the agency under the contract.

Article 5 provides that conditions in existing licences under the Regulation of Undertakings and Development (Jersey) Law 1973 (“RUD Law 1973”) that require any change of ownership of the business to be notified to the Minister for Economic Development shall not continue as conditions of those licences under the deeming provisions in Article 50 of the Law. Article 50 deems licences granted under the RUD Law 1973 for the regulation of undertakings that were in force immediately before the Law came into force to be deemed to be licences granted under the Law. This deeming provision includes conditions of licences granted under the RUD Law 1973, except those of a description specified by Order by the Chief Minister. Article 25 of the Law contains specific provisions concerning when changes of ownership must be notified. This means that the more general conditions in existing licences under the RUD Law are no longer needed.

Article 6 sets out the title of the Order and provides that it will come into force on 1st July 2013.

File No. 754/7