Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 201-
REPORT
The Control of Housing and Work (Jersey) Law, 201- was approved by the Assembly in July, 2011, and received Privy Council Assent in October, 2012. The Law seeks to control housing and work, recognising the need to protect housing for long established residents, and that the significant majority of new migrants – in excess of 90% for many migrant communities – work, and would not come to, or remain in Jersey, if they could not support themselves.
The controls apply to housing and work recognising that British and European nationals have the right of abode in Jersey. This approach of restricting housing and work is similar to that adopted in Guernsey and the Isle of Man, and although each jurisdiction has evolved its own package of controls, the challenges are similar in that a clear population policy is needed against which effective controls must be consistently applied and enforced.
As such, the key task with the new Law has been to radically improve on the effectiveness and efficiency of our controls, recognising that the Housing (Jersey) Law, 1949, and Regulation of Undertakings and Developments (1973) Law, have serious deficiencies around their ability to detect and enforce compliance. In addition, both Laws impose significant burdens on Islanders and businesses which are not needed. The following is a long list of just some of the benefits of the new Law:
Compliance and Enforcement:
- New powers to vary business licences with reference to the objectives of the Law
- New powers to revoke business licences where conditions have been breached or the business is significantly detrimental to Jersey.
- New powers to issue orders that activities must immediately cease if no business licence has been issued, or a licence has been revoked.
- Clear powers to condition a licence, including, as appropriate, who specifically can work for a business, where that individual must live, how long they can work for the business, etc.
- Clear powers around entering business premises and obtaining information
- The ability to obtain name and address information from any Department to enable records to maintained in an accurate and complete form.
- Detailed returns of employees from employers (which will be combined with Income Tax and Social Security) and can be referenced against the name and address register to confirm that a business is operating within the terms of its licence
- And generally, a modern Law that has clear provisions against which prosecutions can be brought.
Reduced Burden:
- Registration Cards must be obtained before starting new work or entering into a lease or purchase transaction, meaning, for example, that employers do not have to confirm a new employees residential status and can rely on the production of the registration card alongside proof of identify. This will enhance compliance and reduce the burden on employers.
- Entitled people will no longer need to apply or pay for consent to transact property
- Businesses will no longer have to apply to employ Entitled or Entitled for Work persons
- Housing qualification criteria will be streamlined from 15 qualification types to 6; and property classifications will be simplified from 3 types of qualified property classification to a single qualified property classification under the new Law
- A clear definition of when a business licence is required is introduced, for example, it is presently not clear if charitable and religious activities need a licence (wholly voluntary activities will be excluded from the Law in future), and clear exemptions for when a business licence is not needed will be introduced by Order.
- Statutory guidance on residence and absence to be issued by Order will enhance understanding of the rules
- Business will incur less administration when engaging essential employees as they will not need to apply for each individual essential employee, although they will be subject to conditions around the use of those Licenced posts. In addition, Licenced employees will be able to purchase property in their own name rather than through a company, and lease in their own name rather than the employer taking out the lease.
Other benefits:
- Registered Tenants will gain the same security of tenure and tenancy rights as any other tenant – for example, they will have tenancy agreements, and can enter into fixed term tenancies (they can only do this over Registered accommodation in which they live)
- Ministers have a wider set of objectives when making business licensing decisions, including adhering to “States Policies” and the “Public Interest”; and a statutory Advisory Group of Ministers is created to secure decisions which balance economic benefits with the demand placed on our resources from immigration.
- The ability to levy fees is introduced which will enable the costs of administering immigration controls to be recovered from users
- Visiting Traders selling services and purchasing goods will now need a licence (currently only those selling goods require a licence).
Indeed, the Law brings a whole range of benefits as part of a modern single Law replacing, in total, three old Laws (including the Hawkers and non-Resident Traders Law). The Population Office is advanced in its preparation for these new Laws.
Having outlined the benefits, following the introduction of the new Law, a post implementation review will take place assessing the effectiveness of the new controls, including the appropriateness of the 5 year rule in relation to becoming Entitled to Work. If necessary and appropropriate to secure an effective immigration regime, further changes will be made as a result of this review. Alongside this, other controls over immigration are being considered, most notably, how migrants access public services, and whether it is possible and practical to undertake criminal record checks over new migrants.
This will ensure that the Island has the most comprehensive and appropriate controls to support whatever population policies the States Assembly approve, recognising the need to maintain a healthy economy, to fund our essential services, to protect our environment, to protect local job opportunities, and to address the strong public concern in relation to population, immigration, housing and unemployment.
Control of Housing and Work (Residential and Employment Status) Regulations 201-
The Law introduces 4 categories of residential status that can be awarded to an individual. These residential statuses will determine the ability to obtain housing and work, with restrictions in particular over persons who are Registered or Licenced.
The purpose of the main Law is to provide for “the availability of work and housing in Jersey for people with strong connections and associations with Jersey, and more generally, in such a way that is in the best interests of the community”. The definitions of residential status seek to further this objective.
The broad similarity of the current qualifying criteria for housing and work under the new and old Laws assists in ensuring a smooth transition from the old Law to the new Law, in that most people who achieved a residential status under the old Law achieve a residential status under the new Law, which reduces the need for complex transitional arrangements, and ensures certainty and continuity for people who have achieved a qualification and for whom a radical re-design of the provisions for gaining housing and work could have a material and de-stabilising effect.
Having said this, the Regulations by nature are flexible in that they can be changed over time as the circumstances of the Island change. Indeed, this is what has occurred with current Housing (General Provisions)(Jersey) Regulations 1970, which have been amended on numerous occasions as the Housing qualification period has been raised or reduced over the years.
The following table gives a high level view of how people gain residential status and what that enables them to do with reference to housing and work:
Residential Status | Definition | Housing | Work |
Entitled | Someone who has lived in Jersey for 10 years, or who is granted this status on hardship or on social/economic grounds | Someone who can purchase or lease any property and occupy that property or otherwise let it out or leave it vacant, subject to any conditions | Someone who can work anywhere, or start their own business |
Licensed | Someone who is an “Essential Employee” engaged by a specific business with permission to engage such a person | Someone who can purchase or lease any property so long as they occupy that property and maintain their Licensed status. | If an Employer has a business licence on which a condition has been attached to enable them to employ a Licenced person, they may appoint any person in so far as they are undertaking a role of a description for which the Licence has been granted. |
Entitled to Work Only | Someone who has lived in Jersey continuously for 5 years, or is the spouse of someone who is Entitled, Licensed, or Entitled to Work | Someone who can lease Registered Property for their own occupation or Someone who can buy Qualified Property jointly with their Entitled spouse or Someone who can occupy property with an Entitled person in so far as the Entitled person occupies the substantial portion of the property | Someone who can work anywhere, or start their own business |
Registered | Someone who does not qualify under the other categories, and has been living in Jersey for 3 months, or starts work or enters into a lease if sooner. | Someone who can lease Registered Property for their own occupation or Someone who can occupy property with an Entitled person in so far as the Entitled person occupies the substantial portion of the property | Someone for whom an employer needs a licence |
In the generality, a person will become “Entitled for Work” after 5 years’ continuous ordinary residence in Jersey (or by marrying an Entitled, Entitled for Work, or Licenced person); and “Entitled” after 10 years’ ordinary residence.
The principle Law under Article 2 and 44 gives the States the power to make Regulations such that a person who satisfies conditions should have a residential status of any one of the following:
(a) Entitled
(b) Licenced
(c) Entitled for Work, or
(d) Registered
Regulation 2 outlines conditions for gaining Entitled Status:
Summary Table:
Types of Entitlement | Gaining Residential Status | Losing Residential Status |
Regulation 2(1)(a) (Jersey Born persons) | 10 years aggregated residence | Entitlement is permanent once gained |
Regulation 2(1)(b) (Non-Jersey Born persons) | 10 years continuous residence | Continued Entitlement is subject to remaining resident in Jersey, other than in so far as total breaks in residence of up to 5 years is permitted, and once 30 years continuous residence has been completed a person’s Entitlement becomes permanent |
Regulation 2(1)(c) (Non-Jersey Born persons who have an Entitled parent, and arrived in the Island before age of 20) | 10 years aggregated residence by the age of 40 | Entitlement is permanent once gained |
Regulation 2(1)(d) (Non-Jersey Born persons who arrived in the Island before age of 16) | 10 years continuous residence | Entitlement is permanent once gained |
Regulation 2(1)(e) (“Social or Economic grounds” and “best interest of the community”) | Subject to Minister being satisfied that social or economic benefits exists in the best interests of the community | Continued Entitlement is subject to remaining resident in Jersey and continuing to satisfy any other conditions applied |
Regulation 2(1)(f) (Hardship (other than financial hardship) | Subject to Minister being satisfied that hardship (other than financial hardship) exists | Continued Entitlement is subject to remaining resident in Jersey and continuing to satisfy any other conditions applied |
Detailed Description of each type of Entitlement:
The below paragraphs on each type of Entitlement under Regulation 2(1) should be read in conjunction with the descriptions below in the paragraphs relating to Regulation 2(4), which outlines how Entitlement once gained is maintained.
Regulation 2(1)(a) outlines that a person who has completed 10 years aggregated residence who was born in Jersey is Entitled.
People qualify under the Housing (General Provisions)(Jersey) Regulations 1970 in the same way now under Regulation 1(1)(a).
While the mere fact of being Jersey born does not necessarily mean a person has strong connections and associations with the Island, it is generally felt that persons who are born in the Island should have the more preferential treatment when it comes to gaining and retaining Entitlement, hence why residence can be aggregated in achieving 10 years, i.e. it does not have to be achieved in one continuous residence. A similar preferential treatment is available to children of Entitled people under Regulation 2(1)(c).
Regulation 2(1)(b) outlines that a person who has completed 10 years continuous residence who was not born in Jersey is Entitled.
People qualify under the Housing (General Provisions)(Jersey) Regulations 1970 in the same way now under Regulation 1(1)(f).
People who come to Jersey as adults make a choice to do so, and in order to gain Entitlement, it has generally been seen as reasonable that they should complete a continuous period of residence by way of establishing strong connections or associations with the Island before achieving Entitled Status.
Regulation 2(1)(c) outlines that a person who has completed 10 years aggregated residence before the age of 40, who was not born in Jersey, but who first came to the Island before the age of 20, and who have a parent who is Entitled, are Entitled themselves.
People qualify under the Housing (General Provisions)(Jersey) Regulations 1970 in the same way now under Regulation 1(1)(h) other than in so far as a limitation on gaining Entitled status by the age of 40 has been introduced in these new Regulations.
Regulation 1(1)(h) of the Housing (General Provisions)(Jersey) Regulations 1970 existed in recognition that residentially qualified people leave the Island, perhaps to go to University or for work, and having established a family elsewhere, may wish to return to the Island. While their children still had to complete 10 years residence, if they arrived in the Island before 20, it has been generally been seen as fair, and has raised few objections or issues, that they should have a better ability to obtain their housing qualifications (by way of aggregated residence) than other people who are not born in Jersey.
Therefore, Regulation 1(1)(h) of the Housing (General Provisions)(Jersey) Regulations 1970 has been replicated in the new Regulations, other than in so far as the 40 year old age limited has been inserted.
The age limit has been inserted to guard against circumstances where a person who first arrived before 20 is able to leave the Island until older age, and then return as an Entitled person and thereon place burdens on services, perhaps having ceased to be of working age, while having limited connections or associations with the Island in terms of not having lived in the Island for a substantial period of time. Instead, it ensures that returners seeking to qualify in this way do so while they remain of working age with a substantial period of their work life remaining. (This does not preclude the Minister from considering applications in particular circumstances and granting Entitled status to people who do complete their full 10 years aggregate residence when they are older than 40 by way of discretionary provisions under Regulation 2(1)(f) as outlined below).
Regulation 2(1)(d) outlines that a person who has completed 10 years continuous residence who was not born in Jersey but arrived in the Island before the age of 16 is Entitled.
No similar provision exists under the current Housing (General Provisions)(Jersey) Regulations 1970.
This provision has been inserted recognising that people who come to Jersey as minors, through no choice of their own, and who then undertake a continuous period of 10 years residence during their formative years, have developed strong connections and associations with the Island.
Regulation 2(1)(e) outlines that Entitled status may be granted having been satisfied in relation to economic or social grounds, or both, and where the best interests of the community are served.
People may qualify under the Housing (General Provisions)(Jersey) Regulations 1970 in the same way now under Regulation 1(1)(k).
This provision is maintained as it seems eminently sensible to have a discretionary provision that grants Entitled status where it is deemed that social or economic value exist, and where the best interests of the community are served, recognising that how this is defined will change over the time as the Island adopts different policies and circumstances change.
Regulation 2(1)(f) outlines that Entitled status may be granted having been satisfied in relation to any hardship that exists, other than financial hardship.
People may qualify under the Housing (General Provisions)(Jersey) Regulations 1970 in the same way now under Regulation 1(1)(g).
This provision is maintained as it seems eminently sensible and proportionate in meeting our Human Rights obligations and general aims around a fair society, to have a provision that grants Entitled status where it is deemed that hardship exists.
The hardship provision does not extend to financial hardship, although that may be a factor, with the objective of this provision being not to ameliorate financial difficulties, but rather more deep seated difficulties in relation personal circumstances, in particular in relation to family breakdown, children, and serious health issues, or indeed, a combination of these factors.
Table showing how old housing qualifications and new Entitlement status align:
Comparing old and new Regulations | | Provisions that applied in the Housing (General Provisions)(Jersey) Regulations 1970 that no longer apply: Regulation 1(1)(b) * Regulation 1(1)(c) * Regulation 1(1)(d) * Regulation 1(1)(e) * Regulation 1(1)(j) ** Regulation 1(1)(l) ** Regulation 1(1)(m) ** Regulation 1(1)(n) ** In removing these provisions, no persons are disadvantaged as either: * they fall into one of the new Entitled provisions, for example, persons who qualified under the old Regulation 1(1)(b) have lived in the same property continuously since 1949 so will be Entitled by either Regulation 2(1)(a) or (b); or ** by virtue of the drafting of the main Law, for example, a Regulation 1(1)(n) under the old Regulations was the spouse of a person who was residentially qualified and who could join in a joint purchase; under the new Law, such persons have a statutory ability to do this, i.e. no separate qualifying provision is needed in Regulations. Similarly, trusts and religious bodies make applications to transact in property under Article 20 of the main Law, so similarly, no separate qualifying provision is needed in Regulations. |
Housing (General Provisions)(Jersey) Regulations 1970 | Control of Housing and Work (Residential and Employment Status (Jersey) Regulations 201- |
Regulation 1(1)(a) | Regulation 2(1)(a) |
Regulation 1(1)(f) | Regulation 2(1)(b) |
Regulation 1(1)(h) | Regulation 2(1)(c) |
Does not exist | Regulation 2(1)(d) |
Regulation 1(1)(k) | Regulation 2(1)(e) |
Regulation 2(1)(g) | Regulation 2(1)(f) |
Other provisions in relation to being Entitled:
Regulation 2(2) and (3) outlines that conditions may be applied when granting Entitled status in relation to Regulation 2(1)(e) and Regulation 2(1)(f), including in relation to the period for which consent is granted and the unit of accommodation in relation to which it is granted. This enables, for example, policies to be applied as to which properties persons granted Entitled status under Regulation 2(1)(e) may occupy.
Regulation 2(4) outlines who has permanent Entitled status (such that Entitled people can leave Jersey and return whenever they wish with Entitled status).
Persons who are Entitled by virtue of Regulation 2(1)(a), Regulation 2(1)(c), and Regulation 2(1)(d) are permanently Entitled. This seeks to reflect the level of connection and association a person has with Jersey.
In addition, Regulation 2(4) outlines that persons who have completed 30 years continuous residence are permanently Entitled, as a means of reflecting the level of connection and association having been gained by living in the Island for so substantial a period. This provision does not currently exist in the Housing (General Provisions)(Jersey) Regulations 1970, other than in so far as persons who have completed 30 years continuous residence are generally given housing qualifications on their return under discretionary provisions. This element of the Regulation therefore moves policy from a discretionary approach to a statutory right.
Regulation 2(6) outlines that a person, other than a person who has permanent Entitled status, may lose that status by way of having a break in their residence of more than 5 years, whether that break is a single break of more than 5 years, or an aggregated break of more than 5 years.
This is different from the current Housing (General Provisions)(Jersey) Regulations 1970 in so far as that under the current Regulations a person who is not permanently qualified is permitted a single break in residence of no more than 5 years before they lose their qualified status. This means that, for example, a person who is away for 4½ years can return to Jersey with their housing qualifications, whereas a person who is away from the Island for 2 periods of 6 months, i.e. 1 year in total, loses their housing qualifications. This is not considered an equitable outcome, hence the adoption of a straight 5 year absence test.
This Regulation also outlines that a person granted Entitled status under Regulation 2(1)(e) and Regulation 2(1)(f) ceases to have that status if they breach a condition of that status.
Regulation 3 outlines conditions for gaining Licenced Status:
Regulation 3(1) and (3) outline that a person has Licenced status if they are performing work that is the same or substantially the same as work falling within the description on the licence granted to the business permitting them to employ Licenced persons. It also outlines that conditions on that business licence need to be satisfied, and that the Minister may make the Licenced status of a particular person subject to such conditions as they see fit.
Regulation 3(2) outlines how Licenced status is lost, which is generally with reference to no longer being employed as a Licenced employee, or if a condition is breached, or if they become Entitled.
Regulation 4 outlines conditions for gaining Entitled for Work Status:
Regulation 4(1) and 4(2) outline that a person is Entitled for Work if:
- they have completed 5 years continuous residence immediately before making application for a Registration Card; or
- they are the spouse or civil partner of an Entitled, Licenced, or Entitled for Work person; or
- not more than 5 years have elapsed since their divorce from an Entitled, Licenced, or Entitled for Work person, or since the death of a spouse or civil partner who was Entitled, Licenced, or Entitled for Work, and they have remained resident in Jersey (in which case they would become Entitled for Work in their own right after the 5 years); or
- they attained work before the age of 16 and continued in the same work.
The provisions around divorce or death are designed to ensure that these events do not result in a person losing their Entitled for Work status, otherwise, people legitimately employed by virtue of holding a status acquired by way of marriage or civil partnership could be required to be dismissed, which seems both unfair on the individual and the business, and is difficult to monitor and enforce.
As for persons who attained work before age 16 (when they do not need permission to work) they can continue in that job rather than having to be dismissed on reaching age 16 if they otherwise would be deemed Registered and the business had no licence to continue to employ them as Registered person. Again, this would seem unfair on the individual coming of age and the business who employed them, hence them being deemed Entitled for Work so long as their specific work continues.
Regulation 5 outlines conditions for gaining Registered Status:
Regulation 5 outlines that a person who is not Entitled, Licenced, or Entitled for Work, is Registered, if they are required to have a Registration Card.
Financial and manpower implications
There are no manpower or resource implications for the States arising from the
adoption of these draft Regulations.
Control of Housing and Work (Transitional and Consequential Provisions) (Jersey) Regulations 201-
REPORT
Regulation 1:
The purpose of Regulation 1 is to give effect to transitional provisions in Schedule 1 to ensure that persons who have acquired a residential status under the Housing (Jersey) Law, 1949, enabling them to purchase or lease property, retain that ability; and (ii) that businesses who have acquired licences under the Regulation of Undertakings and Developments (Jersey) Law, 1973, retain those permissions under the new Law; and (iii) that any conditions over either property or businesses are carried over into the new Law, in so far as they are matters regulated by the new Law.
Of particular note from a policy perspective are the following:
Schedule 1(2), (3) and (4)
These provisions deal with access to property.
Schedule 1(2) outlines that persons previously granted 1(1)(k) and 1(1)(g) housing consents under the Housing (Jersey) Law, 1949, are now deemed to have Entitled Status by virtue of Control of Housing and Work (Residential and Employment Status (Jersey) Regulations 201- under Regulation 2(1)(e) and Regulation 2(1)(f) respectively.
Schedule 1(3) outlines that a condition of a housing consent granted under the Housing (Jersey) Law, 1949, shall be deemed a condition of the property classification. In this way, for example, a consent that was issued to permit staff to live in a property will become a condition of that property and continue to achieve the same objective, in this example, to limit occupation of a property to staff of a specific enterprise. A different approach is taken with conditions that attach to persons previously granted 1(1)(k), 1(1)(g), and 1(1)(j) housing consents, in that those conditions attach to their personal residential status under the new Law.
As to conditions attached to housing consents which are either contrary to the objectives or powers of the new Law, or are attached to the residential status of the occupier rather than the property classification, or are enshrined with the Law itself, these are dis-applied by Schedule 1(3)(9) and Part 2 of Schedule 1, with particular note to the following:
- Under the current Housing (Jersey) Law, 1949, consents are conditioned as a matter of practise such that ‘no diminution in the housing stock’ should occur, meaning both that (i) a residential unit cannot be converted into a commercial unit, including tourism accommodation, or (ii) that residential units cannot be merged to reduce the numbers of residential units, for example, merging two flats into one, or merging a house and an adjoining flat.
The effect of these conditions under the Housing (Jersey) Law, 1949, was to require individuals to apply for a variation of their consent in the event that they sought a diminution in the housing stock. At the same time as applying for this to the Population Office, they also had to apply for a similar permission from the Planning and Environment Minister. The new Law does not incorporate considerations around diminution in the housing stock, as these are matters to be regulated by the Planning and Environment Minister, with the objective of the new Law, in the simplest terms, and in relation to housing, being to ensure that residential units as they exist should be reserved for the primary occupation of Entitled and Licenced people, unless decisions are made to the contrary. Accordingly, all housing consent conditions relating to diminution of the housing stock are not carried over by these Regulations and are consequently removed, with such matters henceforth being governed by the Planning and Environment Minister alone.
- In addition, consent conditions are also removed that required specific residential properties to be occupied by persons named on the consent as their principal place of residence, being discretionary permissions focused on consents granted on grounds of hardship, wealth, or essential employment. These conditions are not needed to be carried over as a condition of the property classification, as instead they are carried over and applied against the residential status of the individual occupier where they are Entitled by virtue of Regulation 2(1)(e) or 2(1)(f) of the Control of Housing and Work (Residential and Employment Status (Jersey) Regulations 201-, or Licenced under those Regulations.
- Finally, consent conditions that require occupation by persons qualified under the Housing (General Provisions)(Jersey) Regulations 1970, are also dis-applied, as the main Law deals with the occupation of qualified property, and restricts occupation, primarily, to persons who are Entitled or Licenced, unless the Minister gives permission otherwise.
Schedule 1(4)
Under the current Housing (Jersey) Law, 1949, persons deemed essential employees are able to purchase property, and this is achieved by forming a company wholly owned by the essential employee (and their spouse if requested) to which housing consent is issued. This requirement to purchase through a company does not exist under the new Law, as it is not needed to enforce conditions around sale and vacation of a property when an employee loses their essential employee status. As such the requirement creates administrative burdens that are unnecessary.
Therefore, those essential employees who purchased by way of a housing consent granted to a company wholly owned by them are permitted to transfer that property into their own name should they so chose, and are required to transfer that property into their own name on becoming Entitled in any event (as is the case on becoming qualified under the current Law by virtue of housing consent conditions applied). Notwithstanding this, they remain subject to conditions under the main Law that requires them to vacate (and sell) their property in the event of ceasing to be Licenced if that occurs before becoming Entitled.
Schedule 1(5)
Under the current Housing (Jersey) Law, 1949, persons qualify under paragraph 1(1)(h) for a consent to purchase or lease a property should a parent be qualified for consent, should they have arrived in the Island before the age of 20, and should they have completed 10 years aggregate residence.
Such persons then retain the ability to receive consent in so far as a parent remains qualified for consent (including if a parent passed away as a person who qualified for consent) or, if this does not apply, notably, if their parents are not Jersey born and capable of losing their qualification by leaving the Island for 5 years, then the person who qualified under Regulation 1(1)(h) has a further 5 years to return to Jersey, i.e. they must return within 10 years of their qualified parent leaving the Island to maintain their 1(1)(h) status.
The below diagram outlines how such persons qualified and retained that qualification under the old Law, and how they will gain and retain residential status under the new Law.
As people who qualified for consent under paragraph 1(1)(h) are often not in the Island, holding that status by virtue of their parents remaining qualified, including having passed away as qualified persons, or being permanently qualified, it seems unreasonable to deem Regulation 1(1)(h) individuals as subject to a five year break rule, given they understood they would otherwise retain their qualifications. As such, Schedule 1(5) deems individuals who would have qualified as 1(1)(h)s under the old Law to be Entitled under Regulation 2(1)(c) of the new Regulations, giving them permanent Entitlement.
Schedule 1(6)
This outlines that businesses with permissions for non locally qualified staff under the Regulation of Undertakings and Developments (Jersey) Law, 1973, will have the same number of permissions in respect of Registered staff under the new Law, and that the number of Regulation 1(1)(j) employees permitted to work for the business under the Housing (Jersey) Law, 1949, are the same as the number of Licenced permissions to be granted to the business on the introduction of the new Law.
In essence then, these provisions ensure that existing Regulation of Undertakings and Regulation 1(1)(j) permissions carry over into the new Law.
However, the Minister under the new Law may then vary any permission under the powers in the new Law (Article 29) in seeking to secure employment for Entitled and Entitled for Work residents.
Regulation 2:
The purpose of Regulation 2 is to give effect to consequential provisions in Schedule 2 to ensure that legislation which refers to the Housing (Jersey) Law, 1949, the Regulation of Undertakings and Developments (Jersey) Law, 1973, and the Hawkers and Non-Resident Traders (Jersey) Law 1965 (and Regulations made under those Laws) are replaced, on repeal of those Laws, by reference to equivalent provisions in the Control of Housing and Work (Jersey) Law and Regulations made under the Control of Housing and Work (Jersey) Law.
This schedule does not achieve any new policy objectives and simply seeks to ensure that the current position with reference to other Laws and the Laws to be repealed are replaced with references to the new Control of Housing and Work (Jersey) Law.
Financial and manpower implications
There are no manpower or resource implications for the States arising from the
adoption of these draft Regulations.
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