Bankruptcy (Desastre) (Amendment) (Jersey) Order 2012

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A decision made 11 December 2012:

Decision Reference: MD-E-2012-0162
Decision Summary Title :	Bankruptcy (Désastre) (Amendment) (Jersey) Order 2012		Date of Decision Summary:	10 December 2012
Decision Summary Author:	Director, Finance Industry Development		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Director, Finance Industry Development
Written Report Title :	Bankruptcy (Désastre) (Amendment) (Jersey) Order 2012		Date of Written Report:	N/A
Written Report Author:	Director, Finance Industry Development		Written Report: Public or Exempt?	Public
Subject: Bankruptcy (Désastre) (Amendment) (Jersey) Order 2012
Decision(s): The Minister made the Bankruptcy (Désastre) (Amendment) (Jersey) Order 2012.
Reason(s) for Decision: The Economic Development Department was contacted by the Viscount’s Department requesting an amendment to be made by Order to the Bankruptcy (Désastre)Jersey Law 1991. This amendment relates to Article 32 of the Law which refers to the “Order of payments of debts” in a Désastre which includes, inter alia, priority claims for wages, salary, holiday and bonuses, provided that the sum to which priority is given does not exceed the prescribed amount as set out in Article 5 (a) and 5 (b) of the Bankruptcy (Désastre) Jersey Order 2006 (“the 2006 Order”). The Viscount’s Department has noted that by applying the current Jersey cost of living index to the figures listed in the 2006 Order, there has been an increase of 23.8%. In line with that increase, the Bankruptcy (Désastre) (Amendment) (Jersey) Order 2012 makes the following changes to the 2006 Order: In relation to Article 5 (a) of the 2006 Order – previously set the sum at £3,500 – change to £4,350 In relation to Article 5 (b) of the 2006 Order – previously set the sum at £1,000– change to £1,250 The Viscount’s Department are supportive of the changes adopted and the Order will come into force 7 days after it is made.
Resource Implications: There are no financial or manpower implications for the States of Jersey arising as a result of this decision.
Action required: The Order is sealed and forwarded to the States Publications editor for publication forthwith.
Signature:		Position: Minister for Economic Development
Date Signed:		Date of Decision (If different from Date Signed):

Bankruptcy (Desastre) (Amendment) (Jersey) Order 2012

Jersey Crest

Bankruptcy (Désastre) (Amendment) (Jersey) Order 2012

Explanatory Note

This Order amends Article 5 of the Bankruptcy (Désastre) (Jersey) Order 2006, which sets limits for the amounts, due to employees, that are to be given priority over certain other debts. The Order increases, from £3,500 to £4,350, the limit for the purpose of Article 32(1)(b)(i) of Bankruptcy (Désastre) (Jersey) Law 1990, covering arrears of wages from the preceding 6 months. It also increases, from £1,000 to £1,250, the limit for the purpose of Article 32(1)(b)(ii) of that Law, covering holiday pay and bonuses.

File No 216/5