Shops (Regulation of Opening) (Special Occasions) (Jersey) Order 201-: Law drafting instructions

Information about the publication of Ministerial Decisions

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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
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A decision made 16 July 2015:

Decision Reference: MD-E-2015-0058
Decision Summary Title :	Approval of Law Drafting Instructions for an Order designating ‘special occasions’		Date of Decision Summary:	30th June 2015
Decision Summary Author:	Strategic Development Officer		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 :	Special Occasions Order Report		Date of Written Report:	30th June 2015
Written Report Author:	Strategic Development Officer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Approval of Law Drafting Instructions for an Order designating ‘special occasions’
Decision(s): The Minister approved the development of an Order which will designate six days as ‘Special Occasions’ under Regulation 4 of the Shops (Regulation of Opening) (Jersey) Regulations 2011 from the year 2015 onward.
Reason(s) for Decision: This Order will replace the current Shops (Regulation of Opening) (Special Occasions) (Jersey) Order 2012 which designates four Sundays during the run-in to Christmas as Special Occasions, thereby increasing the number of Sundays on which large shops (> 700m²) can trade (with permission of the Connétable) during this period by two. This change is designed to build on the success of the existing Fête de Noué and pre-Christmas Sunday trading arrangements, it is also intended to give a welcome boost to the retail industry by allowing all shops to compete unencumbered with internet retailers which traditionally see their sales peak around late November. The Minister has consulted with the Comité de Connétables and industry bodies prior to making this decision. In order to avoid the resource implications of consulting upon and drafting a new Order every year a formula has been developed which will create a standard set of special occasions for 2015 and into the future.
Resource Implications: There are no financial or manpower implications.
Action required: The law drafting instructions to be sent to the Law Draftsman.
Signature: Senator L J Farnham		Position: Minister for Economic Development
Date Signed:		Date of Decision (If different from Date Signed):

Shops (Regulation of Opening) (Special Occasions) (Jersey) Order 201-: Law drafting instructions

REPORT

Background

Since the late 1990s there have been special arrangements in place to allow shops to open in the run-up to Christmas, in order to allow last-minute shoppers the chance to stock up before the holidays. This has historically been connected to the Fête de Noué, a program of events including street theatre, al fresco performances, craft markets and another entertainment, intended to entertain shoppers and bring more footfall to local retailers in the festive season.

In 2011, the States approved the Shops (Regulation of Opening) (Jersey) Regulations, which created a new Sunday trading scheme to replace the 1960 law. Under Regulation 4 the Economic Development Minister has the power to designate some days each year as ‘special occasions’ after consultation with the Comité des Connétables. (Good Friday, Liberation Day, Christmas Day or 26th December cannot be designated as special occasions.)

On special occasions, Connétables may publish a notice in the Jersey Gazette granting permission to trade to all shops of specified types, regardless of size. The Connétable has discretion over which types of business are included in this blanket permit. Conditions relating to hours of opening, deliveries, parking arrangements etc. can be imposed upon shops opening under a blanket permit.

In 2011, the Minister designated the four Sundays before Christmas as special occasions under the Shops (Regulation of Opening) (Special Occasions) (Jersey) Order 2012, as this met the prevailing expectation of retailers and the public.

New Order

This Order will designate six Sundays in November and December as special occasions and replace the current Order, thereby increasing the number of Sundays on which large shops (> 700m²) can trade (with the permission of the Connétable) during this period by two.

This change is designed to build on the success of the existing Fête de Noué and pre-Christmas Sunday trading arrangements, it is also intended to give a welcome boost to the retail industry by allowing all shops to compete unencumbered with internet retailers which traditionally see their sales peak around late November.

The Minister has consulted with the Comité des Connétables and industry bodies prior to making this decision.

The order will include a formula, which, subject to the approval of the Law Draftsman, will read approximately as follows-

The following days shall be designated as special occasions-

Where the first Sunday of December falls on the 1st, 2nd or 3rd then all Sundays in December will be special occasions along with the last Sunday in November.

Where the first Sunday of December falls on the 6th or 7th then all Sundays in December will be special occasions along with the last two Sundays in November.

Where the first Sunday in December falls on the 4th or 5th December all Sundays in December with the exception of Christmas Day and the 26th December will be special occasions along with the last 3 Sundays in November.

This decision reflects the Minister’s intention to pass the formula and drafting instructions in the terms above to the Law Draftsman for development of an Order.