Jersey: Control Of Housing And Work (Jersey) Law 2012

Last Updated: 4 June 2013
Article by Sharon Thérin and Colette Hunt

The long awaited Control of Housing and Work (Jersey) Law 2012 (the "new law") is due to come into force on 1 July 2013 replacing the Housing (Jersey) Law 1949, the Regulation of Undertaking & Development (Jersey) Law 1973 and the Hawkers and Non- Resident Traders (Jersey) Law 1965.

The purpose of the new law is essentially the same as the laws referred to above which are to be repealed – regulating who can own and occupy property in the Island, the control of the set up of new business in the Island and regulating the number of employees engaged in such business. It is hoped that the new legislation will be easier to interpret whilst introducing a more effective system of enforcement which is compliant with international human rights principles. Under the Housing (Jersey) Law 1949 there were 15 categories of residential status. These are being replaced by four new categories which are briefly described as :-

Entitled: an individual who has completed ten years continuous residence in the Island, whether they are Jersey born or not together; or someone who may have been granted Entitled status on the ground of hardship; or an individual who is granted Entitled status on the grounds of it being in the best interests of the community (formerly the Regulation 1(1)(k))

Licensed: an individual who is required by local business as an "essential employee" (formerly the Regulation 1(1)(j))

Entitled to Work: an individual who does not have Entitled or Licensed status but who has resided in the Island for a continuous period of 5 years before applying for a registration card; or who is the spouse of a person with Entitled, Licensed or Entitled to Work status; or was divorced less than five years ago from a person with Entitled, Licensed or Entitled for Work status and has been continuously resident since the divorce; or someone who commenced work for an undertaking before the age of 16 years and has worked for that undertaking since attaining that age.

Registered: an individual who has been continuously resident in Jersey for three months and who does not fall into any of the above three categories.

Everyone will eventually carry a registration card (which will be combined with the existing Social Security cards) which will record your full name, date of birth, social security number and residential status.

Newcomers to the Island will procure the right to work at the end of three months continuous residence and will then be issued with a registration card carrying this information by the Population Office and other States of Jersey authorities.

The rest of us will apply for a registration card when circumstances require it when we move job or change our residential address.

From an employers point of view the following checklist may assist:-

  • Is the new employee in possession of a registration card?
  • Is the new employee Entitled to Work?
  • Has the new employee notified the Population Office of their current address?
  • HR to complete an appropriate form advising Social Security of the employment;
  • Has the new employee registered his/her children (under the age of 16) with the Population Office?
  • Remind anyone leaving your employment that they will need to obtain a Registration Card;
  • Keep track of the status of your current employees as they move through the four categories described;
  • Temporary staff are covered by an employment or recruitment agency;
  • Whilst your Licensed staff may now purchase or rent property in their own name (rather than incorporating a limited liability company or having their employer enter into the lease), they will lose their right to retain ownership of or occupation of such property should they cease their employment or otherwise lose their essential status. Whilst there will no longer be formal undertakings by the employee in favour of the Population Office, new powers of enforcement will enable the Minister to seek their vacation of any such property.

New business undertaking

Any business in position of a valid licence issued pursuant to the Regulation of Undertakings & Development (Jersey) Law 1973 is deemed to have a valid and existing licence under the new law. The existing system of licensing new business set up in the Island will be maintained under the Control of Housing & Work Law with the definition of an undertaking being broadly the same as under the current Regulation of Undertakings Law.

New licenses will be divided into three categories:-

  • Business licence
  • Hawker's licence
  • Non-resident trading licence

The application process will also be similar to that currently in place but probably with the addition of a fee charged for the application process.

Employee numbers

One significant change which will affect both new and existing undertakings is that the licence will now only limit the number of Licenced and Registered employees and therefore businesses will not be restricted on the number of Entitled or Entitled to Work. However no new employee may be employed without a valid and appropriate registration card.

Change of Ownership

Another important change in the regulation of business licences relates to the change of ownership or control provisions which have been incorporated into the new law. This will apply to all new and existing undertakings.

Any change in the ownership of the business must be disclosed to the Population Office within 60 days of the change or the existing licence will be deemed to have lapsed. Therefore prior to any significant change of ownership, a new business licence application is required to be made.

A "significant" change in ownership insofar as concerns a limited liability company is deemed to be the acquisition of more than a 60% control of the shares of the company by persons who are NOT Entitled, Licensed or Entitled to Work.

These provisions apply on only the first occasion when the ownership of such company falls into the hands of non local owners and does not affect any subsequent sales.

Companies listed on the Stock Exchange are not affected.

Guidelines are to be issued by the Minister for the change of ownership of businesses not owned through a limited liability company which will specify the date upon which the guidelines will come into effect.

Licensed staff

Another major change under the law is that businesses will not have to apply for specific permission in respect of each essentially employed member of staff. All that is required is that the employee be engaged to work in a post which accords with a permitted description of work within the Licensed post conditions on the employers business licence Currently some questions remain unanswered but no doubt will become clearer in practice.

Enforcement

The powers of enforcement enshrined under the new law are similar to those under the Financial Services (Jersey) Law 1998.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions