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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Draft Housing Regulations - Occupation of Inherited Property.

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.

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (11/09/2006) regarding Draft Housing (General Provisions) (Amendment No. 23) Regulations 2006.

Subject:

Draft Housing (General Provisions)(Amendment No 23) Regulations 2006

Decision Reference:

MD-H-2006-0062

Exempt clause(s):

N/A

Type of Report:

(oral or written)

Written

Person Giving Report (if oral):

 

Telephone or

e-mail Meeting?

 

Report

File ref:

HL Amendment

Written report – Title

Draft Housing (General Provisions)(Amendment No 23)(Jersey) Regulations 2006

Written report – Author

(name and job title)

Peter Connew-Director of Housing Control

Decision(s):Approval of the draft Housing (General Provisions)(Amendment No 23) Regulations 2006.

Reason(s) for decision:

To put into effect the provision of the new Article 7A of the Housing (Jersey) Law 1949 as amended, which introduces some control on the occupation of inherited property.

Action required:

Notify the Greffier of the States and the Publications Editor to ensure that the amendment is lodged in States at the sitting on Tuesday 12th September.

Signature:

Housing Minister

Date of Decision:

11 September 2006

Draft Housing Regulations - Occupation of Inherited Property.

Date of Report: 23rd August 2006

Minister for Housing-Population Office

Draft Housing (General Provisions) (Amendment No 23) ( Jersey ) Regulations 2006

1. The purpose of this amendment to the Regulations is to put into effect the provision of the new Article 7A of the Housing (Jersey) Law 1949 as amended.

2. The effect of this amendment is to impose occupancy conditions on any residential unit of accommodation that has been acquired by way of inheritance. The amendment to the Law specified that persons inheriting the land, or any unit of residential accommodation constructed at the time, or in the future, may be occupied by the inheritor. If such property is not occupied by the inheritor, the Law specifically states that the only other occupier must be a person specified in the Regulations.

3. This amendment has been drawn up referring to such persons as qualifying under Regulation 1, which encompasses all categories under which an applicant is able qualify. This is entirely consistent with the Migration Policy, P25/2005 approved by the States in June 2005, and treats all categories of controlled persons equally.

4. The amendment also provides protection for an occupant currently in legal occupation of an inherited property where the property is subject to a change of ownership by further inheritance after this amendment comes into effect.

5. There are no additional financial or manpower costs involved for the States as a consequence of this amendment.

Peter Connew

Housing Control Director

 

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